HomeMy WebLinkAboutTB-07/05/1989 431
SOUTHOLD':TOWN BOARD
JULY 5, 1989
WORK SESSION
Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (11 :00 A.M.) ,
Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth
D. Oliva, Councilwoman Ellen M. Larsen, Town Clerk Judith T. Terry, Town Attorney
James A. Schondebare (2:00 P.M.) .
9:00 A.M. - For Discussion Items: (1) Resolution of the Esat Hampton Town Board
urging Governor Cuomo to nominate the Peconic Bay System for inclusion in the National
Estuary Program - Southold Town Board transmitted the same resolution to the Governor
or1 Septemberi 12, 1988.. (2) Letter from Raymond F. Doyen, Commissioner of the Fishers
Island Garbage and Refuse District, notifying the Board of his resignation as of June 19,
1989. (3) Letter from John J. Hart, attorney for WLIG-TV 55, advising that Dimension
Cable Services, which presently holds a franchise from the Town of Southold, is in the
process of being acquired by Cablevision Systems Corp. of Woodbury. Mr. Hart requests
that before the transfer is approved, that the Town of Southold make carriage of WLIG
on basic service a cndition of approval. Board will await a request from the New York
State Cable Commission for addressing this matter. (4) Receipt of a proposal from
Garrett A. Strang, Architect, in the amount of $5,500. 00 to provide architectural services
and contract documents to make the necessary energy related improvements to the Police
Headquarters building. Supervisor Murphy ask Town Attorney Schondebare if the project
can be accomplished without going to bid by doing certain phases separately.--Later in
the 'day Town Attorney Schondebare advised that if there is not sufficient money in the
1989 budget to do the entire project, but to do (i.e.) the windows, they could do that
part of the project now without going to bid if the cost is below the bid requirements.
(5) Letter from the Department of Civil Service denying the Town's request to waive
the prescription drug plan limitations for the period April 1, 1989 to the date of system
reactivation for enrollees of the Town. The Town's extension of its withdrawal date and
subsequent recission to maintain coverage for the Police Officers was not received in time
for the Dept. of Civil Service to notify their insurance carriers prior to the effective
date of the changes. (6) Request of Peconic Associates, Inc. to waive the tipping fee
for debris material from a project at the Berger house by the Stirling Historical Society.
Although this, request was withdrawn because the project had been completed prior to
the "Board meeting, the Board would not waive the fee--it would set aprecedent--they
have not waived the fee for other not-for-profit organizations. (7) Receipt of a draft
copy of the by-laws for the Recycling Cooperative of the ten Suffolk County towns.
Later in the day Town Attorney Schondebare commented that if the Town is presently
involved in a five-town program, why get locked into a ten-town program. (8) Letter
from Times Mirror Cable Television advising that they have entered into an agreement
to transfer its Long Island Cable Television System to CSC Acquisition Corporation, a
wholly owned subsidiary of Cablevision Systems Corporation ("Cablevision") of Woodbury,
New York. Pursuant to the Franchise Agreement with the Town, approval of the trans-
fer is required before the transaction can be completed, and TMCT request's the Town's
approval. The Town will receive background material from Cablevision of Long Island
shortly and the Town Attorney will review same, although Mr. Schondebare advised the
franchise agreement provides that the Town cannot withhold approval unreasonably.
9: 30 A.M. - Edward Siegmann and Marqe Drape, Mattituck Senior Citizens Club, met
with the Board to discuss the purchase of the Baxter (Fort Corchaug) property. Mr.
Siegmann said the senior clubs are concerned about the lack of -tax revenues if the
property is taken off of the tax rolls. The Board advised Mr. Siegmann and Mrs.
Drape that the Open Space Preservation moniI s would be used should the purchase
be approved, monies approved by the voters �on a referendum in 1987. They advised
that this is one of the last remaining unspoiled pieces of property and site of an
Indian fort on Long Island.--At this same time the Board heard from John Alshaefer,
aid to Suffolk Courity Legislature Presiding 01fficer Blass, who advised that Mr. Blass
put a resolution before the Legislature on June 27, 1989, urging them to put the property
into the Farmland Preservastion Program. It is on the National Historical Register. The
Board asked Mr. Alshaefer to 'assure Mr. Blass they he has their wholehearted support.
Also present to speak in favor was Walter Smith, President of the Archeological Society,
William Golder, a former president, Jim Grath ohl, Chairman of the Save Fort, Corchaug
Committee, who introduced Myra F. Case and Bill Peters, and stated that Fort Corchaug
is the best preserved fort on the east coast. Ronnie Wacker, President of the North
Fork Environmental Council, informed the Board that the Town Board has the NFEC's
total support.
10:30 A.M. - John Holzapfel, Chairman of the Conservation Advisory Council, met with
the Board to discuss to urge the designation of an individual to spend a full day a week
addressing environmental issues on behalf of the CAC. The money for such a person
`t 3 2 JULY 5, 1989
was 'approved in their .1989 budget, and they have applied for a grant to supplement
the funds. He said that CAC members Dan Kujaw.ski and Bruce Louck have agreed to
share the job, each having expertise in certain fields of concern. The Board asked
Mr. Holzapfel to prepare a proposal for a fair hourly rate for the position and submit
it to the Board for approval.
10:45 A.M. - For Discussion Items (continued) ; (9) Appointment of Trustees for the
Town of Southold Employees Health Benefit Plan was put on the agenda for a resolution.
(see resolutions 23(a) (b) (c) , but was held after further discussion later in the day) .
(10) Decision on the grievance of Victor Lessard was discussed in executive session at
3:30 P.M. with Town Attorney Schondebare. (11) Receipt of an appraisal on the Carey
Tank Farm property, Mattituck - this was also discussed with Town Attorney Schond re
later in the .day an Executive Session. (12) Reappointment of Robert Villa td the Wat
Advisory Committee (see resolution not 24) . (13) Summary of existing recycling effo.
at Southold Landfill was reviewed by George Desmarais, H2M Group, at 2:20 P.M. (1
Discussion with respect to payment of the necessary fees for ten Southold Town Life-
guards to receive their CPR certification (see resolution no.. 25) . (15) .Receipt of bids
for transporting sand from Breckn.ock Hall to the. Landfill. This will be discussed further
at 2:20 P.M. with George Desmarais. (16) Set date to interview applicants for the
vacant position on the Board of Assessment Review - supervisor to set a date and
notify Board- members. (17) Letter from Suffolk County Legislature Presiding Officer
Blass in response to a letter from Supervisor Murphy, advising that the County has
no jurisdiction with respect to phasing out school taxes paid on Robins Island; It
would require enabling legislation from the NYS Legislature. (18). Letter from Suffolk
County Legislature Presiding Officer Blass asking the Town Board if they have any
plans to provide funding for the Eastern Suffolk School of Music.--The Board will
consider the request at the time they prepare the 1990 Budget. (19) Request from
Valerie Scopaz, Town Planner, to issue a press release requesting public input on
the Local Waterfront Revitalization Program.--The Town Board feels it would not be
productive at this point, and the public will be given an opportunity to comment at
the public hearings to be held later this year when the draft document is completed.
(20) Letter from the NYS-DEC, Regional Supervisor Richard C. Ryan, asking the
Board to enact a resolution to dedicate and thereby preserve the wetland character
of the Town's three parcels of wetlands in the Long Beach Bay area, and also allow
for future joint-management of the same by the Town and the State.--This , was dis-
cussed-,later in the day ;with Town Attorney Schondebare who suggested they wait for
a management plan from the Deputy Commissioner for Natural Resources Bob Binnewie
11:00 A.M. - Stan Stewart, Czyzyk & Eno Aquacultural Consultants, along with two
mariculture experts, met with the Board to discuss reopening the "Plock property",
Bayview, Southold, as a shellfish culturing facility. When it was revealed that they
are almost into contract on the property, the Board vas forced to terminate the
discussion. They said they fully support mariculture; but cannot aid in negotiations.
Mr. Stewart was encouraged to speak with the NYS Dept. of Economic Development to
determine whether there is funding available for such a project.
11 :15 A.M. - Off Agenda Items: Councilwoman Cochran: Cited the need for a weekend
Beach Manager. The Scavenger Waste Plant is going down hill fast--this will be discussed
with George Desmarais at 2:20 P.M.--Need to exempt building permits and wastewater
disposal permits for the Town of Southold/North Fork Housing Alliance 14 affordable
houses being built in connection with the NYS Affordable Housing Grant (see resolution
no. 27) . Justice Edwards: Recommended a stop light at Orient Point to allow a smooth-
er flow. of traffic from the ferry. Councilwoman Oliva: Recommended posting property
being considered for a change of zone to inform the public--Town Attorney is working
on a local, law. for .same.--Appointment of a Town Engineer was discussed. Board will
appoint Ke Chen at their July 18th meeting. Councilman Penny: Reported that he met
with the Mattituck Park District Commissioners recently concerning a joint venture for
a boat ramp at the head of Mattituck Creek. They are agreeable and will refer it to
their attorney. Councilwoman Cochran advised that this has .not been a favorable
approach in the past. Objections have been: increased pollution at that end of the
creek, ".damaging wave action from boats, length of time to reach the Sound, excessive
noise. She said her Parks Committee has been looking at this site as a rest area.
12:35 P.M. - Recess for lunch.
2:00 P.M. - Work Session reconvened and the Board audited outstanding vouchers.
2:20 P.M. - George Desmarais, P.E., Holzmacher, McLendon S Murrell, P.C. , met with
the Board to review the Final Environmental Impact Statement relative to the Solid Waste/
Sludge Composting Facility to be constructed at the Landfill site, Cutchogue. Upon
coirtp;letion of the review the majority of the Board members wished to place a resolution
(no." 28) on the agenda declaring the FEIS complete. Councilman Penny asked for additional
time to review the FEIS.---Mr. Desmarais reviewed the summary of existing recycling
efforts at the Landfill, and the schedule of events for recycling practices in the Town.--
Also discussed as Mr. Desmarais' report on his latest inspection at the Scavenger Waste
Plant. He has submitted a schedule for corrections to the Village and will met in a
month to review the corrections.
JULY 51' 1989 433
EXECUTIVE SESSION
3:00 P.M. On motion of Councilwoman Cochran, seconded by Councilwoman Oliva, it
was resolved that the Town Board enter into executive session. Vote of the Board:
Ayes : All.---Also present: Town Attorney Schondebare.---Discussed : appraisals and
negotiations with respect to the Carey Tank Farm; grievance of Victor Lessard with
respect to his salary set in September 1988. --Also discussed were the grievances
of Michael Caprice, Paul Grattan, and Suzanne Walden.
4: 30 P.M. - Town Board reviewed proposed resolutions for the regular meeting.
5:10 P.M. - Work Session adjourned.
REGULAR MEETING
. 7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Wednesday, July
5, 1989, at the Southold Town Hall, Main Road, Southold, New York, Supervisor
Murphy opened the meeting at 7:30 P.M., with the Pledge of Allegiance to
the Flag.
Present: Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Councilwoman Ruth D:` Oliva
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
Town Attorney James A. Schondebare
SUPERVISOR MURPHY: The first item on the agenda is a resolution approving
the audit of .the bills of July 5, 1989.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the following bills be and hereby ordered paid: General Fund,
Whole Town Bills in the amount of $73,550.68; General Fund, Part Town bills
in the amount of $6,299.39; Nutrition Fund bills in the amount of $873.47; Com-
munity Development Fund bills in the amount of $9,991 .00; Highway Fund, Whole
Town bills in the amount of $6,685.08; Highway Fund, Part Town bills in the
amount of $42,560.63; Fishers Island Ferry District bills in the amount of $118,356.30;
Fishers Island Sewer District bills in the amount of $539.52; Southold Wastewater
District bills in the amount of $17,329.17; Southold Agency & Trust bills in the
amount of $4,929.17; Fishers Island Ferry District Agency & Trust bills in the
amount of $101 .10.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution approving the minutes of the Town
Board meeting of June 20, 1989.
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the minutes of the June 20, 1989, regular Town Board -meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution setting the next meeting date July
18, 1989, 3:00 P.M. , Southold Town Hall. I offer that resolution.
Moved by Supervisor Murphy, seconded by Councilwoman. Cochran, it was
RESOLVED that the next regular meeting of the Southold Town Board will be held
at 3:00 P.M. , Tuesday, July 18, 1989, at the Southold Town Hall, Main Road,
Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time, we have a very special resolution, that
I would like to read.
434
Moved by Supervisor Murphy, seconded by the Entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby designates The
Prince Building, owned by Mr. and Mrs. Arthur G. Gossner, as a Southold Town
Landmark, said structure located on the north side of NYS Route 25, west of Youngs
Avenue, Southold, (Suffolk County Tax Map .No. 1000-061-02-10.3), all in accor-
dance with the recommendation for designation by the Southold Town Landmark
Preservation Commission, and acceptance of said designation by Mr. and Mrs.
Gossner.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time I'd like to ask John Stack of the Landmark
Preservation Commission to stand up, and I believe you have a presentation.
JOHN STACK: Thank you. I'd like to present this lovely certificate to the
Gossners and to congratulate them on reaching the status for a very wonderful,
lovely building. We hope it's with the Town many, many years.
SUPERVISOR MURPHY: I thank the both of you on behalf of all the people in
the Town for participating in this program that way. Very nice.
I. REPORTS.
SUPERVISOR MURPHY: We'll move on to the first item on your agenda is reports,
and they are all on file in the Town Clerk's Office for anyone who would like to
read them.
1 . Board of Town Trustees Monthly Report for May, 1989.
2. Report of Special Groundwater Protection Area for June 19, 1989.
3. Fishers Island Ferry District Financial Statements for December 31, 1988
and 1987.
4. Southold Town Audit Report for December, 1988.
5. Supervisor's Monthly Budget Report for April 30, 1989.
6. - Southold Town Audit Report, Receiver of Taxes, April 10, 1989.
7. Suffolk County Girl Scout Council Anual Report for 1988.
8. Building Department Monthly Report for June, 1989.
9. Community Development Monthly Report for June, 1989.
10. Recreation Department Monthly Report for June, 1989.
11 . Southold Town Dog Shelter Monthly Report for June, 1989.
12. Scavenger Waste Treatment Facility Monthly Report for June, 1989.
13. Town Clerk's Monthly Report for June, 1989.
SUPERVISOR MURPHY: At this time, 1 would like to ask the Councilmen if they
have anything special to report, starting on my right with Ruth Oliva.
COUNCILWOMAN OLIVA: Thank you, Frank. On June 21st, some members of
the Town Board met with various personnal down at the DEC, concerning .the
Hallock's Bay acquisition. It was a good discussion, and I'm sure George will
have more to say about it. We will have a meeting, I think George has called
tomorrow night to discuss what the DEC has told us concerning those property
owners that do have problems about selling it to the State. On June 21 st, we
had a Commerce and Industry Committee. We discussed the Suffolk County Water
Authority. We discussed wineries. As far as having tourist accomodations, they
wish the people representing the wineries want to: procede rather slowly with it,
but we will move forward on that. We discussed the Laurel Lake Tourist Booth
accom,modations.There are problems with the plumbing there, making terrible
noises, and having a rather odorous smell. Perhaps it's sulphur or something.
Then I had to leave and George took over from there. On June 23rd, we had
a meeting down at the Suffolk County Office in Riverhead with Greg Blass about
Fort Corchaug, how the County is going appropriate $500,000, perhaps for next
years on preservation program to add to the million and a half that they aIread
have, and that the Town would put a million dollars of our open space money to
buy the fee title, and preserve the whole 104 acres. We will have to lobby the
legislature. This will come up on August 15th, and we will have another meeting
with Greg Blass the end of this month to see what we can help him do. On June
26, 1 attended the Greenport Utility Committee meeting. On June 28th, we had
a .Water Advisory Committee meeting with the Suffolk County Water Authority,
_arid they just went on to explain what they hoped to do here as far as planning.
:They are looking for a data base for knowledge from us here as far as any old
tanks are concerned, where any gas stations used to be, where there could be
sunken tanks, that there would be no leakage. They can get the figures then
from the Suffolk County Board of Health Services as far as any pesticide contamina-
tion. They are very interested in acquiring property around the Laurel Lake
area, which we were able to .get into the County's core watershed protection area,
which qualifies it for quarter percent funding, so that hopefully atleast around
the Laurel Lake area, there will be a good water shed area, perhaps with a well
JULY 5, 1989 435
site there to supply the Captdin':Kidd`peopl'e ``'They a`re having terrible 'problems
with the water up there, and Suffolk County Water has spent a- great deal of money
up there. On June 28th, we had a Code Committee meeting. We talked about
one specific gentleman with his winery. We spoke about posting properties, which
will be included in the site plan ordinance. We spoke to the Town Board today,
and they were in agreement as far as any zone changes were concerned. Rich
Latham of the Planning Board will take it down to the Planning Board. We think
it would be a good idea to probably post it for major subdivisions and minor
subdivisions, and I think the ZBA would rather do both, perhaps posting and
sending letters out, but the main thing is people do not read legal notices, and
there can't be a piece in the paper about every projected project that comes along.
But this way, and other places do do it, there's a nice big sign that tells you
exactly whats going to be done with the piece of property, and when the public
hearing will be. So this way everybody will be informed. I'm very delighted
about that. We, also, discussed motel units size. It will be on for a resolution
for maximum of no greater than 600 square feet. The majority of the Code Committee
was for it. We discussed accessory structures. That will be a continuing discussion,
and we will be going to trailers and so forth on our next meeting. On June 29th,
we had a Landfill Committee meeting about recycling with George Desmarias of .
H2M. He has drawn up kind of a list of scheduled events, a calender such, as
it is, because we have to comply by 1992 of 50% recycling, and we hope perhaps by
the end of the year to ready to start some sort of pilot program. In the meantime
we will be doing more things up at the Landfill. On June 29th, we had a Housing
Committee, which the Chairman Jean Cochran will report on. On June 29th, we
had a sub-committee meeting of the Marine Code Committee. We are working on
that. On June 29th, we had an Open Space Committee meeting where we wholeheartly
supported, I should say the Committee supported the acquisition of Fort Corchaug,
and we spoke of some other properties that we hope to acquire. That's it, Frank.
Thank you.
SUPERVISOR MURPHY: Thank you., Ruth. George?
COUNCILMAN PENNY: On the. 21st, I attended the meeting with the DEC with
Bob Binneweis from Albany, and we discussed the Town programs. We discussed
Peconic Land Trust. We discussed about every facet that we could think of
regarding the acquisition of the properties, or property rights in Orient, and
we'll follow up with a meeting with the Orient people, the Orient property owners
tomorrow night. On the 21 st, also, I attended the meeting of the Mattituck Park
District on behalf of the Town Board to talk to the Mattituck Park District about
a joint venture between the Park District and the Town regarding use of the
Mattituck launching ramp at the end of Love Lane. The Mattituck Park District
members there all voiced for it, and said that all they're waiting for now is word
from their attorney that it's okay, we can proceed and go ahead with that. So
that will be a matter for future negotiations. On the 21 st, I caught the tail end,
that was a busy night, I caught the tail end of a Commerce and Industry Committee
meeting, and basically we just kicked around everything that Ruth has already
reported on. On the 23rd, we met up at County Center with Greg Blass, and
Alan Veratti , and Mike Tuthill from Greg's office, Lance Malomo from Historical
Services, Jim Vage, Deputy Planning Director. We've worked basically to develop
a long range development plan for Fort Cochaug, that the Town and the County
would agree on and they would present to the County Legislature as part of the
acquisition. It was a very worthwhile meeting. On the 27th, I met with Ray
Jacobs at the site of the Mattituck Park District boat ramp, and Ray will be pre-
paring us an estimate of the approximate cost, where the Town to become involved
with this and what the maintenance and repair estimates would be on that. On
the 27th, also; I met with Rob Berntsson for about an hour to discuss the fine
points of the Police contract. We have to prepare a draft memo to the PBA, so
that both sides can sign it. On the 27th, we had a Labor Management Committee
meeting, and we discussed many personnel items that will come up. On the 28th,
I attended the meeting with the .Suffolk County Water Authority, on the 28th,
also, the Code Committe meeting`. On the 29th, we had a Code Committee sub-
committee meeting on marinas, and on the 29th I attended the Open Space Committee
on behalf of Bill Baxter and the Fort Corchaug property. I have a letter from
Bill Baxter authorizing application to the Town for the purchase of his property
and I, also, presented a letter to Greg Blass, authorizing the application of the
Fort Corchaug property or the Baxter property into the County Farmland Program.
We discussed, also, the meeting with the DEC and the Orient wetlands. Just one
small followup, I got a call from Bill Baxter about six o'clock tonight, and he is
meeting with the Surrogate's Court on the 15th, and he told me that he has
absolutely no difficulty in asking them to stall off until the end of August, so
that will give us the time we need at the County level, the County Legislature
to vote on the acquisition. I'm certain from the way Bill was talking tonight that
that's going to go through. My last thing is just that tomorrow night we have
the meeting with the Orient wetland property owners, and we'll be here at the
Town Hall. That's it. Thank you.
SUPERVISOR MURPHY: Thank you, George. Jean?
436 JULY 5, 1989
COUNCILWOMAN COCHRAN: Yes, thank you. As a committee member of the
Five Eastern Town's Recycling Educational Program, I did attend a meeting on
June 20th in Southampton at the Town Hall. A great deal of work has to be done
in the Committee developing unique -ways to get this information out to the public
in addition to the standard media procedures., We have another meeting tomorrow
night, and hopefully after tomorrow night's meeting I will have much more to report
to the Board on that. On the 21 st, I also attended the meeting at Stony Brook,
which has been very capable reported by my'. members over there. On the 22nd,
had a Park meeting at Laurel Lake with the contractor who has won the bid
to do the seeding and the landscaping, and Mr. Murphy also joined us. We went
through some of the work that he :will be responsible for and we have great .hopes
for it turning out the way we picture it. On the 23rd, I also attended the meeting
at the County Center with Mr. Blass, which has :been reported on. The only
thing I would like to do is I would like to thank Walter Smith, president of the
Archaelogical Society- I asked him to attend and it was his concept for future
development of the Baxter property that was discussed, and I think is being
presented to the legislature. What he suggested was the concept of a living,
breathing outdoor educational facility with a committee made up of from-both our
schools and colleges, that it could be worked into the curriculum where these .
people be college student,or high school students, or elementary students. They
have the open space. They could use tenting and they could learn first hand
on site what a dig is all about and what is involved, and about the Indians that
once owned all this territory. So, Walter, I thank you for your imput. On the
26th, we had a Recreation meeting, just to do some brain storming. We did have
Joe Marino from the New York State Department of Youth come down recently,
and he wants to meet with us again, because he feels that we are not serving. .
shouldn' t say that we are not serving the youth, I should say that he does
not feel that the senior/youth building is not used enough by our youth, so we
brainstormed in trying to develop some additional programing. It's very difficult
to serve our teenage age of youth. It's very easy to develop programs for pre-
teens, very easy to develop programs for our seniors, but this is an age group
that they're always saying that there's nothing- to do, but when you ask them
for imput to help develop programs of what they'd like to do, and nothing happens
in that direction either. So it's just a very difficult age to serve, so we're going
to be looking at it once again, and trying to find some solutions hopefully. I,
also, attended the meeting on recycling with Dr. Epstein and his associate.
felt it was very informative. We had a Housing meeting on the 29th. As you
may or may not be aware, the Costello project is moving ahead. They've agreed
to give him a contract for water. John still feels he has an obligation to the Town
to provide affordable housing, so he is agreeable to working with the Town. There
is a grant program where the housing alliance can apply and the State will give
a $25,000 grant to each home owner within. . .actually you apply your grant say
for 50 or 35 or how many uou need, and hopefully you get what you need or they'll
at least give you some, but John is agreeable to working with that part of the
program, so that for the affordable housing units in his development there will
be a reimbursement of $25,000 from the State through this grant program. Also,
the Committee discussed DBM, which is a housing project for affordable housing
in the affordable housing zone on Boisseau Avenue. Some of the discussion was
that perhaps the best way to provide affordable housing and have a control on
it in that particular development would be the Town look at the possibility of
buying the lots for $25,000, those affordable lots, and being reimbursed from
the State through this affordable housing program and the $25.,000 grant. So
it's a very feasible way that we could possible do it to bring down the cost of
housing for these young people. I think that's about it.
SUPERVISOR MURPHY: Thank you, Jean. Ellen?
COUNCILWOMAN LARSEN: As chairman of the Inland Waterways Committee, I
attended the Peconic Bay Task Force workshop on boater pollution. Currently
there are 66,000 boats registered in Suffolk 'County, and that doesn't count all
the boats you see from Dover, Delaware. With the 40o increase in boats from
40 feet to 64 feet, a 20% increase in boats 25 feet to 39 feet, most which need
a pump out facility. Now these statistics make it sound like we're inundated with
boats from 40 to 64 feet, but actually we went from 500 boats registered in Suffolk
County to approximately 700 in this 40 to 64 foot .catagory. The State of Washinton
includes a leaflet in their voter registration mailing entitled "Pollution Solution".
This leaflet explains the advantages of pump out to the boater, boater owners
and. illustrates the location on a map of the pump out facilities within the State
of Washington, particularly the Puget Sound. Also, included are pictures and
documentation of garbage waste and boater pollution on marine life. This was
discussed as a possible way to implement boater education within the State of New
York and Suffolk County. There are currently 210 marinas in Suffolk County,
and 21 pump out stations. There is a 350 year history of bass fishing and scallops
on the East End. Recent legislation and environmental events have dealt this
traditional industry a terrible blow. Towns including Southold are now documenting
their mooring areas and identifying the pollution sources associated with boating.
People and total col iform counts, rise in the summer months, closing areas within
JULY 5, 1989 4 3 7
a 1500 foot perimeter of..marinas to„r;eIcr„eational,.and .commercial shellfishing by
the State of New York. Charles Dequilfeld from the Marine Quality Division of
the New York State DEC stated that this policy requires areas to be closed
seasonally is neccessary because of pollution level is unpredictable. The
acreage, average depth of the water, flushing, the number of boats are all
computed in a formula used in national and state programs to close areas directly
attributed to colif6rnr from boats. When determining the number of slips and
moorings allowed in a given area, it was stressed that the Town own their own
bottoms and they grant the permits. If an area is certified for shellfishing and,or
is a small embayment, a policy of no mooring expansion is warranted to allow for
open waters for shellfish. The DEC is walking a very thin line with the National
Shellfish Sanitation Bureau on keeping many thousands and thousands of acres
in the State of New York currently open to shellfish. The axe could come down
in a huge way very shortly. Marina compatibility with, the marine environment
was presented by marine designer Dr.Robert Desanto. His topic included how .
marinas can be designed with minimal environmental impact, state of art dry rack
storage, and readily corrected hazardous marina practices. . The questions were,
how much toxic substances are acceptable for boat maintainance? How much sewage
is allowable and how higher algae production is warranted? Storm runoff, -fiailure
of septic systems all add contribution from parking lots, etc. Planning measures
include specs of the part of the zoning regulations, drainage away from the bay,
erosion control etc, and so forth. This was a repeated topic that I've heard many
times, and these measures are all employed in the Town of Southold today under
coordinated environmental reviews with the various Boards involved. As usual
it was stressed that the solutions lie with local controls of planning and zoning.
With increase population, there is an increase pressure on public access. The
natural resources of shellfish in the.. bays itself. Sanitary facilities on shore are
extremely important, and should be part of all site plan reviews. Dry rack storage
has its plus and minus sides with higher traffic and increase runoff,on the minus
side, and upland storage is a plus, relieving the shoreline from increased slips.
However, good operators do not have water quality problems, and good housekeeping
in essential. So if a marina operator knows how to run his marina, he won't have
any problems. The trend in the marine industry today are fewer and larger marinas.
This is directly attributed to the regulations which discourage small sizes due
to the five year lag time for approvals. Dr. Desanto discouraged the condo marina
trend, stating that the marina is an important feature in the public access. He
suggested that all Town fees include the cost of environmental inspectors. With
the increase of utilization of the resource there's a price involved. With successful
management-the Towns have no other way around it. Peter Nedham, president
of the Marine Association, and an owner of 150 boat slip in Coecles Harbor, Shelter
Island, made a presentation how he has worked with the Town of Shelter Island
to increase boater awareness and education. He stressed the importance of
responsible marine management. The marina owners take their direct- responsibility
in the amount of discharge, and discussed the problems, of course, associated
with marine sanitation device pump out facilities. Suffolk County Department of
Public Health, who run the test at Bergen Point made an interesting presentation
that formaldehyde , viable organics,amnonia chlorides and others are on the EPA
list of top priority of pollutants that they'd like to eliminate, however these chemicals
are used in holding tanks as well as a , and there is no way to adequately
dispose of the waste in the holding tanks as far as impact on the sewer treatment
plants go. In terms of enforcement, the U.S. Coast Guard can fine up to $2,000,
can give a $2,000 civil penalty for discharges within three miles of the coast.
But the bottom line, in my opinion after sitting through a day. of this, is how
much money does the government have to spend, and after the money is spent
or the various studies, how significantly will the water quality be improved?
Obviously people have to understand what they do has a direct impact. You can't
toss overboard the negligence in not repairing a gas line. It's only my opinion
when the public is committed to solving the problem, the realization that the marine
resource is fragile and limited, can we fully appreciate that we have to be a gentle
people in the terms of shoreline environment. As with many conferences you go
to you walk away with more questions than you had answered, and as far as boater
pollution. I think it's one of the more minimal impacted areas in term of waterfront
management within the Town of Southold. We are looking at our marine zones,
and we realize that we have to have marinas. There are going to be certain
closures associated with the marinas. We're looking at our mooring areas, and
through Waterfront Revitalization Program, I think we've got a good handle on
planning for it. During the last Town Board meeting I was not here. I was in
Albany as a chaperone with my 11 year old son on a trip that they had to the
State Legislature, and Rockefellow Plaza in West Point. We met with Joe Sawicki,
who gave the fifth grade class of Southold School a wonderful tour. All of the
fifth graders got to sit in the assembly chamber itself, and sit at the desk,
because it wasn't in session, which was a rare privilege, and one of the children
asked Legislator Sawicki what he thought about .the garbage, and Joe had to
refer that question to me because it was dealt with on a town level, but I had
to remind him that it was as a result of a legislative action in 1983 that the Town
had to close down their landfill. I, also, had the opportunity -to do a little bit
of lobbying .on the land transfer tax, that the five east end towns have been
workinq on for, I believe, six years, and what it would do, would allow a public
4 3 JULY 5, 1989
referendum to implement a 20 land transfer tax on house sales over $150,000.00
for open space. I met with the sponsor of the :bill and was somewhat disappointed
on his lack of enthusiasm as a sponsor. I met'with the head of the local government
committees, who chair the committee that this bill has to come out of, Mr. Becker
and Mr. Graber, and they were very enthusiastic and very responsive, but
evidently once again, for the sixth year in a row, this bill is not going anywhere.
I've had several meetings over the past several weeks with Scott Dobinger, who
is our intern from Cornell and is writing the final draft waterfront revitalization
program for the Town. He has discussed some concerns regarding the preparation
with him, and helped him with several problems on a few different occasions. I,
also, participated with Ken Reeves, our recreational director, while Jean was in
Europe to hire our beach attendants and lifeguards for the summer. I must comme '
on the caliber of applicants we had. We, received more applicants that we were
able to hire. All of the applicants where very good, and I =hope the enthusiasm
continues for the next few years. The other meetings in the last two weeks I'm
sure were reported on by the, Town Board while I wasn't here. I, also, attended
the committee meeting of the Waterfront Revitalization, .the CAC of the Local Water-
front Revitalization program were we went into some real specifics on the final for
this draft. Ruth reported very nicely on the meeting that we had with the Suffolk
County Water Authority. The Code Committee meeting. I, also, attended a meeting
with Jean, which she reported on on Laurel Lake. The Landfill waste and recyclying
meeting. There are reports on that available in the Town Clerk's Office. Also,
the Housing Committee meeting which Jean reported on. The Code Committee sub-
committee meeting, which Ruth has reported on, and last but not least I took a
trip to Fishers Island, which is always a pleasure with Bay Constable and Scott
Dobriner. We were met by John Clavin, who gave us a very thorough tour of
Fishers Island. We toured the complete waterfront to do inventory for the project
with writing. We met with many people on the Island. I'd like to thank all of
them. Heard a few complaints about the Town and different things that they'd
like us to do for them. I promised I'd pass them on, but not right now. Thank
you.
SUPERVISOR MURPHY: Thank you, Ellen. Raymond?
JUSTICE EDWARDS: Walsh Park, our affordable housing on Fishers Island, is
started off. They're starting to cut the` roads in, and we're looking forward to
having some buildings in there probably the end of the summer, beginning of
fall, and on the 28th, a week ago today, I had to fly over here to Long Island
for some justice business, and I can honestly that the trooper that we've had
on the Island since the 1st of May has been doing a bang-up job over there, which
he was asked to do, and very active. This morning I did not fly over. I had
to get the 8:15 ferry out of Fishers to New London, just about caught the 9:00
to Orient. Had a nice ride in with Bob Wendell and I was a little late for the Town
Board meeting, but anyway here I am. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Raymond. As you can see the Town Board
has been very busy, and this is constant. I would just like to make a couple
of comments. One is on the core watershed area. We're very pleased that the
west end of the Town was included, and hopefully now the east end, east of Mattituck
Inlet will be included. As Ellen mentioned the land transfer tax is dead. Again
it got held up in committees. We worked very hard trying to get it out. We
were promised it was going to get out, but I would have to say publicly that our
assemblyman Joe Sawicki, we can be very proud of. He did a tremendous job,
and I don't know who was more frustrated, he or I. One very important meeting
a week from tomorrow night, down in the Rec. Center, 2:00 o'clock in the afternoon,
7:00 o'clock at night, informational meeting on composting. All aspects of it will
be explained to people. Letters have been sent out. Press releases have been
given to the radio stations and newspapers, and this is an opportunity to learn
exactly what composting is, what it can do, and what it's limitations are, to discuss
cost, and to discuss the process that we're going to have there, and I would also
-like to compliment Councilwoman Jean Cochran on her perserverence. We are moving
along very well on affordable housing .. It probably is one of the most frustrating
things for the entire Town Board, but we are making progress, and I thank you,
Jean, for you perseverance.
Il . PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to Item Il, public notices. There are two.
They are posting on the Town Clerk's Bulletin Board. We in particular concerns
Southold Fire District on the setting up of an ambulance service. It will be held
on-July 24th, 11 :00 A.M. , Southold Town Hall.
1 . Suffolk County Office of Handicapped Services: Notice of seminar on County
government job opportunities for people with disabilities. Dates scheduled: September
13, 1989, 1 :00 P.M. to 4:30 P.M. at Suffolk County Legislature Auditorium,
Hauppage. September 14, 1989, 9:30 A.M. to 12:30 P.M. at Suffolk County Auditorium,
Riverhead. RSVP by July 14, Office of Handicapped Services at 348-5486.
JULY 5, 1989 439
2. Nassau-Suffolk. Regional..EMS'=,Council,. .Notice of Public Hearing to act
upon an application submitted by the Southold Fire District/Southold Fire Department
seeking permission to establish emergency ambulance service; on July 24, 1989,
11 :00 A.M. at Southold Town Hall, Southold, N. Y. Questions to Mr. Larkin,
348-2826.
Ill. COMMUNICATIONS.
SUPERVISOR MURPHY: There was one communication, an expression of apprecia-
tion for a proclamation we gave.
1 . Frederic: M. Mayer, President of the New York State Association of Realtors,
Inc., conveying to the Town Board sincere thanks and appreciation for the Town
Proclamation dated June 14, 1989.
IV. PUBLIC HEARINGS. (None.)
SUPERVISOR MURPHY: There are no public hearings.
V. RESOLUTIONS.
SUPERVISOR M'ORPHY: Moving on to Item V, resolutions. At this time I'd like
to remind the audience that if anyone would like to address the Town Board con-
cerning any proposed resolutions, you may do so at this time. We'd ask you to
limit it to any of the proposed resolutions, and at the end of the meeting before
we close, we'll be open to any other comments to the Town Board on anything
that is effecting you. So at this time, is there anybody in the audience who would
like to address the Town Board on any proposed resolutions? (No response.) Over
on the left? In the middle? (No response.) Any Town Board members? (No response.)
If not, we'll move on to number one resolution, an appointment of the position .
of Account Clerk.
1 .-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Ortrud
Hanus to the position of Account Clerk, from the Suffolk, County Department of
Civil Service Certification of Eligibles, effective July 6, 1989, at a salary of
$21,578.00 per annum.
I .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 is to appoint Melissa Kraehling as Work/Study Clerk
in the Office of the Town Clerk, effective June 27, 1989, salary of $5.00 an hour.
This is a work/study program that we have with the three high schools. We take
one of their students, and I will say that we've been most .fortunate that all the
young people that we've had in the three departments where they come into, have
been absolutely fantastic, and it's a wonderful program.
2.-Moved by Supervisor Murphy, seocnded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Melissa
Kraehling as Work/Study Clerk in the Office of the Town Clerk, effective June
27, 1989, at a salary of $5.00 per hour.
2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number three we're going to hold. (Engaging the services
of Richard A. Winters to conduct an appraisal on behalf of the Open Space Committee.)
Number 4, we're going to hold. (A resolution authorizing payment to Ke Chen,
applicant for Town Engineer, for expenses incurred during his trip to Southold
for his interview.) Number 5 is a budget modification.
5.-Moved by Councilwoman Larsen, 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 1989 Budget for
the pending purchase of a new vehicle for 'the Town's senior citizen program under
the Integrated Respite Care System contract:
To:
Revenues
A2750 Suffolk County Grant $11 ,250.00
Appropriations
A6772.2 Programs for the Aging, Equipment $11 ,250.00
5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This. resolution was declared duly ADOPTED.
440 JULY 5, 1989
SUPERVISOR MURPHY: Number 6 is to grant permission Southold Fire Department
and their racing team to use Town roads for their 19th annual old fashioned parade
and drill on Saturday, August 12th.
6.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Southold Fire Department and Southold Fire Department Racing Team, First
Settlers, to use the following Town Roads for their 19th Annual Old Fashioned
Parade and Drill, on Saturday, August 12, 1989, at 6:00 P.M. (rain date: Sunday,
August 13, 1989, at 1 :00 P.M.) ; provided they file with the Town Clerk a Certificate
of Insurance covering the Town of Southold as a named insured: Main Bayview
Road, Ackerly Pond Lane, Jockey Creek Drive, as well as the muncipal parking
area behind the fire house and the access roads to the East and West of the fire
house.
6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoma1n Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is a determination on the environment, of a
non-significant effect on the environment
7.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617, Section 617.10, and
Chapter 44 of the Code of the Town of Southold, notice is hereby given that the
Southold Town Board, in conducting an uncoordinated review of this unlisted action,
has determined that there will be no significant effect on the environment.
Description of Action: Amending Chapter 100 (Zoning) of the Code of the Town
of Southold, to add Wineries to all districts except the Marine Districts, R-40 and
AHD. The project has been determined not to have a significant effect on the
environment because an Environmental Assessment Form as 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.
7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is to transmit that proposed Local Law to the
Suffolk County Department of Planning, Southold Town Planning Board. I offer
that resolution.
8.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen,
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 Zonin • (Adding wineries
to all districts except the Marine District, R-40 and AHD) ; 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:
I. Chapter 100 (Zoning) of the Code of the Town of Southold' is hereby
amended as follows:
1 . Section 100-31 .B(13) is hereby amended to read as follows:
(13) Wineries for the production and sale of wine produced from
grapes primarily grown in the vineyards on which such
- winery is located.
2. Section 100-42.B is here amended by adding thereto a new
subsection (4) to read as follows:
(4) Wineries as set forth and regulated by Section
100-31 .B(13) of the Agricultural Conservation District.
3. Section 100-61 .B(1) is hereby amended to read as follows:
(1) Any special exception use set forth in and as regulated by
Section 100.31 .13(1) , (6), (7) , (13) and (14) of the
Agricultural Conservation District.
4. Section 100-71 .B is hereby amended by adding thereto a new
subsection (6) to read as follows:
(6) Wineries
5. Section 100.81 .B 0) is hereby amended to read as follows:
(1) Any special exception use as set forth in and regulated by
Section 100-31 . B of the Agricultural Conservation
District, except wineries are not required to be in
connection with a vineyard.
6. Section 100-91 .B is hereby amended by adding thereto a new
subsection (10) to read as follows:
(10) Wineries
JULY 5, 1989 441
7. Section 100-101 .B(1) is hereby,;amended to read as follows:
(1) Any special exception use as set forth in and regulated by
Section 100-31 .13(2) to (13), except wineries are not
required to be in connection with a vineyard.
8. Section 100-131 .B is hereby amended by adding thereto a new
subsection (14) to read as follows:
(14) Wineries
9. Section 100-141 .B is hereby amended by adding thereto a new
subsection (3) to read as follows:
(3) Wineries
I1. This Local Law shall take effect upon its filing with the Secretary of State.
8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is a determination of a significant effect on
the environment.
9.-Moved by Councilwoman Cochran, seconded by Supervisor Murphy,
WHEREAS, Jem Realty Co. has heretofore applied to the Southold Town Board for
a change of zone from R-80 Residential Low-Density District (two-acre minimum)
to HD Hamlet Density Residential District on Certain property located on the
northerly side of North Road (NYS Route 25), east of Sound Drive, Greenport;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1 . That pursuant to the prov'isions of Article 8 of the Environmental Conserva-
tion Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations,
and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead
agency, does hereby determine that the action.proposed is unlisted and is likely
to have a significant effect on the environment.
2. That the Town Clerk shall file and circulate such determination as required
by the aforementioned law, rules and code. .
3. That the Town Clerk immediately notify the applicant, Jem Realty Co.
of this determination, and further request said applicant to prepare a Draft Environ-
mental Impact Statement, all in accordance with said law, rules and code.
4. In accordance with Chapter 44, SEction 20 and Part 617 NYCRR, the appli-
cant is required to defray the cost of reviewing the Draft Environmental Impact
Statement, which included a scoping session, therefore, the Town Board determines
that a deposit of $2,000.00 shall be paid to the Town Clerk prior to the date of
the scoping session.
COUNCILWOMAN LARSEN : Can we just make sure that Cramer & Voorhis know to
notify the Town Board, since this is the first scoping session they're going to
do, so they're aware.
TOWN CLERK TERRY: Good point. Will do.
9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is another determination of significant effect
on the environment.
10.-Moved by Justice Edwards, seconded by Councilwoman Cochran,
WHEREAS, Emanual Kontokosta has heretofore applied to the Southold Town Board
for a change of zone from R-80 Residential Low-Density District (two-acre minimum)
to HD Hamlet Density Residential District on certain property located on the westerly
side of Boisseau Avenue, south of Middle Road (CR 48) , Southold;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1 . That pursuant to the provisions of Article 8 of the Environmental Conserva-
tion Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations,
and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead
agency, does hereby determine that the action proposed is unlisted and is likely
to have a significant effect on the environment.
2. That the Town Clerk shall file and circulate such determination as required
by the aforementioned law, rules and code.
3. That the Town Clerk immediately notify the applicant, Emanual Kontokosta,
of this determination, and further request said applicant to prepare a Draft Envion-
mental Impact Statement, all in accordance with said law, rules and code.
4. In accordance with Chapter 44, Section 20 and Part 617 NYCRR, the
applicant is required to defray the cost of reviewing the Draft Environmental Impact
Statement, which includes a scoping session, therefore, the Town Board determines
that a deposit of $2,000.00 shall be paid to the Town Clerk prior to the date of
the scoping session.
10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
442 JULY 5, 1989
SUPERVISOR MURPHY: Number 11 is to authorize the reduction in the bond
estimate for Sunbeau Associates from $169,000.00 to $99, 150.00, and to accept the
new letter of credit. I offer that.
11 .-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of ;he Town of Southold hereby authorizes the
reduction of the bond estimate of Sunbeau Associates from $169, 155.00 to
$99, 150.00, all in accordance with the recommendation of the Southold Town Planning
Board and Sidney B. Bowne & Son, Co nsulting Engineers; and be it further
RESOLVED that the Town Board accepts the current Letter of Credit in the amount
of $169, 155.00, as requested by the property owner, as a bond for roads and .
improvements in the Sunbeau Associates subdivision.
11 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is a grant of scenic easement.
12.-Moved by Councilwoman Oliva, seconded by Councilman Penny,
WHEREAS, an agreement was entered into between John B. Tuthill, as grantor,
and the Town of Southold as grantee, providing for a grant of scenic and conserva-
tion easement, said instrument dated the 30th day of May, 1973;and
WHEREAS, said instrument was. duly recorded in the office of the Clerk of
the County of Suffolk, at Liber 7416 page 386; and
WHEREAS, pursuant to paragraph number 7 of said instrument, if the property
be condemned or taken by eminent domain the agreement would cease; and
WHEREAS, the New York State Department of Environmental Conservation had
indicated its willingness to obtain the subject premises by condemnation if necessary;
and
WHEREAS, a "friendly condemnation" settlement has been reached between
the New York State Department of Environmental Conservation and John B. Tuthill,
whereby the DEC will purchase a portion of the subject property and a remaining
portion will be retained by John B. Tuthill, said remaining portion constituting
an area of natural scenic beauty and whose existing openness., natural condition,
or present state of use if retained would enhance the present potential value of
abutting and surrounding properties and would maintain or enhance the conservation
of natural and scenic resources; and
WHEREAS, the Town Attorney's Office has advised in writing to the grantor,
or his successors, that it makes no representations regarding the taxation conse-
quences which may arise from any government agency as a result of the release
of said agreement.
NOW THEREFORE BE IT RESOLVED, the the_Supervisor_ is_directed-to�
- execute a release of the original grant of scenic and conservation easement recorded
at Liber 7416 page 386, in the Office of the Clerk of the County of Suffolk; and
BE IT FURTHER RESOLVED, that the Supervisor is hereby directed to execute
an agreement for a grant of scenic and .conservation easement with John B. Tuthill
covering those premises in the original easement which are not being transferred
to New York State.
12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to authorize the Supervisor to execute a
release of orginal grant of scenic and conservation easement and execute a new
agreement for a grant of scenic and conservation easement, the same as Ruth just
read with Diana Latham. I offer that resolution.
13.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, an agreement was-entered into between Roy Latham, as grantor,
and..the Town of Southold, as grantee, providing for a grant of. scenic and conserva-
tion easement, said instrument dated the 25th day of July, 1978; and
WHEREAS, said instrument was duly recorded in the office of the Clerk of
the County of Suffolk, at Liber 8473 page 41 ; and
WHEREAS, pursuant to paragraph number 7 of said instrument, if the property
be condemned or taken by eminent domain the agreement would cease; and
WHEREAS, the New York State Department of Environmental Conservation had
indicated its willingness to obtain the subject premises by condemnation if necessary;
and
" -.WHEREAS, a "friendly condemnation" settlement has been reached between
the. New York State Department of Environmental Conservation and the successor
in title to Roy Lathamnamely Diana Latham, whereby the DEC will purchase a portion
of the subject property and a remaining portion will be retained by Diana Latham,
said remaining-portion consituting an area of natural scenic beauty and whose
existing openness,. natural condition, or present state of use, if retained would
enhance the present potential value of abutting and surrounding properties and
would maintain or enhance the conservation of natural and scenic resources; and
i,
JULY 5, 1989 4 4 3
WHEREAS, the Town Attornes Office.`has advise y d`'in writing to the grantor,,
or his successors, that it makes no representations regarding the taxation consequences
which may arise from any governmental agency as a result of the release of said
agreement;
NOW THEREFORE BE IT RESOLVED, that the Supervisor is directed to execute
a release of the original grant of scenic and conservation easement recorded at
Liber 8473 page 41 in the office of the Clerk of the County of Suffolk; and
BE IT FURTHER RESOLVED, that the Supervisor is hereby directed to execute
an agreement for a grant of scenic and conservation easement with Diana Latham
covering those premises in the original easement which are not being transferred
to New York State.
13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to amend a prior resolution.
14,=Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 1 , adopted at a special meeting held on May 24, 1989, to read as
follows:
WHEREAS, approximately one hundred and four (104) acres of undeveloped vacant
land currently located in the Town of Southold is currently owned by William J.
Baxter; and
WHEREAS, preservation of this. parcel would contribute to stabilizing the water
chemistry of, and otherwise protect the ecological integrity of the great Peconic
Bay because this parcel of land borders Downs. Creek along almost its entire western
side and lies immediately north of where this important drainage joins with the
Great Peconic Bay; and
WHEREAS, such parcel of land constitutes one of the last vestiges of open space
within the entire Town of Southold available for public acquisition for open space
purposes, the only known site of an Indian `fort on Long Island not significantly
disturbed by development and which was a defensive installation for the Corchaug
Indians, one of thirteen (13) subtribes of the Algonquin culture located on Long
Island at the time of the first contact with new settlers; and
WHEREAS, Charles F. Goddard, founder of the Southold Indian Museum, had made
extensive exploration of the fort in the early part of the Twentieth Century, con-
ducting an excavation which has yielded many Indian artifacts as well as colonial
trade pipes and brown-glazed colonial utilitarian objects; and
WHEREAS, William J. Baxter may be willing to sell such property; and
WHEREAS, the following parcel was approved for preliminary planning steps and
ultimate inclusion in Suffolk County Farmland Preservation Program: Suffolk County
Tax Map .Number: District 1000, Section 116.00, Block 01 .00, Lot 003.000, Acres:
104, Reputed Owner: William J. Baxter, c/o Baxter Bros. , Inc. , Elijahs Lane,
Mattituck, New York 11952; and
WHEREAS, the Commissioner of the County Department of Public Works are authorized,
empowered, and directed to have surveys and maps prepared for the subject parcel;
and
WHEREAS, the Commissioner of the County Department of Real Estate was authorized,
empowered, and directed to have the subject parcel appraised; and
WHEREAS, the cost of such surveys, maps and/or appraisals, if any, shall be paid
from the funds appropriated pursuant to Resolution No. 1540-1988; and
WHEREAS, any acquisition of such land shall be subject to the .appropriation of .
sufficient funds pursuant to Suffolk County Farmland Preservation Program, and
subject to explicit legislative authorization and approval of such acquisition via
subsequent duly enacted resolution; and
WHEREAS, any acquisition of such land shall be subject to participation of the Town
of Southold with Town of Southold Open Space appropriation funds as authorized
by voter referendum in November of 1987; now, therefore, be it
RESOLVED that the Town of Southold will participate in a joint venture with the
County of Suffolk for the purchase of the William J. Baxter property, which
purchase will lead to the preservation of the site known as Fort Corchaug; and
be it further
RESOLVED that the Suffolk County portion of the funding for the aforesaid purchase
shall be Two Million Dollars, and the Southold Town portion will be limited to One
Million Dollars.
14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is to grant permission to Police Chief Dan Winters
to attend the International Association of Chiefs of Police Annual Training Con-
ference on October 14, 15, 16, 17,18,19. 1 offer that resolution.
15.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Police Chief H. Daniel Winters to attend the International Association of Chiefs
444 JULY 5, 1989
of Police Annual Training Conference at Louisville, Kentucky, on Octover. 14, 15,16,
17, 18,19, 1989, and the necessary expenses -for. travel, meals and lodging shall
be a legal charge against the Police Department's 1989 budget.
15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is appoint Cynthis Jenkins as a Water Safety
Instructor for the 1989 season, $12.00 an hour, 20 hours a week.
16.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Cynthia
Jenkins as a Water Safety Instructor for the 1989 summer season, at a salary of
$12.00 per hour, 20 hours per week,. for a total .of eight weeks.
16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran; Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is to appoint Butch Lewis as a lifeguard for
the 1989 summer season, a salary of $7.00 .an hour.
17.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Butch
Lewis as a. Lifeguard for the 1989 summer season, at a salary of $7.00 per hour.
17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18 is a non-significant determination of a change
of zone.
18.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617, Section 617. 10, and
Chapter 44 of the Code of the Town of Southold, notice is hereby given that the
Southold Town Board, in conducting an uncoordinated review of this unlisted action,
has determined that there will be no significant' effect on the environment.
Description of Action: Proposed change of zone, on the Town Board's own motion,
on the parcel of land owned by Richard Carr, under tax map No. 1000-122-5-4,
from Hamlet Density (HD) Residential District to Low Density Residential R-40
District. The project has been determined not to have a significant effect on the
environment because an Environmental 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, inasmuch as the
density allowed in the Hamlet Density (HD) Residential District is greater than
the density allowed under the Low Density Resiential R-40 District, therefore the
change of zone will not have a detrimental effect on the environment, but rather
will be an improvement thereon.
18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is to transmit this zone change to the Town
Planning Board and Suffolk County Department of Planning. I offer that resolution.
19.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva,'
WHEREAS, this Board deems it in the public interest and in the promotion of the
health, safety, morals or general welfare of the Town of Southold that certain premises
at New Suffolk Avenue and Camp Mineola Road, Mattituck, in the Town of Southold,
Suffolk County, New York, Suffolk County Tax Map No. 1000-122-5-4, owned by
Richard Carr, hereinafter more fully described, be rezoned from Hamlet Density
(HD) Residential District to Low Density Residential R-40 District;
NOW, THEREFORE, BE IT RESOLVED that the Zoning Code of the Town of Southold,
including the Zoning Map forming a part thereof, be amended by the Town Board
on its own motion by changing from Hamlet Density (HD) Residential District to
Low Densitv Residential R-40 District, the following described premises:
ALL that certain plot, piece or parcel of land, situate, lying and being in Matticuk,
Town of Southold, County of Suffolk and State'of New York, bounded and described
as. follows:
BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-
'Way 'sometimes known as Reeve Avenue, distant thereon South 17 degrees 41 minutes
20 seconds West 220.51 feet from the corner formed by the intersection of the
southerly side of New Suffolk Avenue and the easterly side of said right-of-way;
RUNNING THENCE along the easterly side of said right-of-way the following
three (3) courses and distances:
JULY 5, 1989 445
(1) South 16 degrees 7 minutes 00 seconds West 550.85 feet;
(2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and
(3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or
formerly of Reeve;
THENCE along said land, North 86 degrees 47 minutes 40 seconds East 300.00
feet;
THENCE South 8 degrees 00 minutes 20 seconds East 98. 19 feet;
THENCE North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now
or formerly of Norris;
THENCE along said land the following two (2) courses and distances;
(1) North 7 degrees 31 minutes 10 seconds West 523 feet;
(2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less,
to other land of Bruce A. Norris;
THENCE along said land the following four (4) courses and distances:
(1) North 73 degrees 38 minutes 30 seconds West 121 .88 feet;
(2) North 77 degrees 53 minutes 20 seconds West 96.70 feet;
(3) North 77 degrees 45 minutes 30 seconds West 91 .78 feet; and
(4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or
place of BEGINNING.
AND BE IT FURTHER RESOLVED that the town Clerk be and she hereby is
authorized and directed to transmit this Resolution to the Southold Town Planning
Board and the Suffolk County Department of Planning all in accordance with the
Code of the Town of Southold and the Suffolk County Charter.
19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to request a New York State DOT to do
a speed survey in the East Cutchogue area.
20.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby requests the New
York State Department of Transportation to conduct a speed survey, for the pur-
pose of reducing the speed limit, in the East Cutchogue area, 'south of Route 25,
said survey to include the Skunk Lane and Little Neck Road area.
20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is to execute an agreement between the County
and the Town, Suffolk County Department of Aging on the Adult Day Care Program.
offer that resolution.
21 .-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between the County
of Suffolk, Department of Aging, and the Town of Southold for the Senior Adult
Day Care Program, for the period April 1, 1989 through March 31, 1990, at an
agreement cost of $25,604.00, all in accordance with the agreement as approved
by Town Attorney Schondebare.
21 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to reappoint Bob Villa as a member of the
Southold Town Water Advisory Committee for a five year term effective July 3,
through July 3, 1994.
24.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Robert
A Villa as a member of the Southold Town Water Advisory Committee, for a five
(5) year term, effective July 3, 1989 through July 3, 1994, he to serve in said
position without compensation.
24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : I would like to just comment on Bob, for the record. He's
been on since the inception of this committee and through his expertise and his
job with the Health Department, has been a very valuable member.
TOWN CLERK TERRY: That was 24 you just did, and missed 22, which is all
right, maybe we can make Maureen come back.
44 .6 JULY 5, 1989
SUPERVISOR MURPHY: Number 23 we held. (Number 23a create Board of Trustees
for the Southold Town Self-Insurance Health Program. Number 23b appoint individuals
to the Board of Trustees of the Southold Town Self-Insurance Health Program.
Number 23c authorize Supervisor to execute an agreement with the Board of
Trustees for the Southold Town Self-Insurance Health Program.) Number 22 is
to accept with regret the resignation of Maureen Meehan as a Work/Study in .the
Office of the Town Clerk, and wishes her much success and happiness in the
college years ahead.
22.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts with
regret, the resignation of Maureen Meehan, Work/Study .Clerk in the Town Clerk's
Office, and wishes her much success and happiness in her college years- ahead.
22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is to authorize payment of the fees for our
lifeguards to receive their CPR certification.
25.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes payment
of the necessary fees for ten (10) Southold Town Lifeguards to receive their CPR
certification:' Eight (8) for Basic Life Saving course at a cost of $20.00 per person,
and two (2) for recertification at a cost of $15.00 per person.
25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is a decision on proposed Local Law No. 13.
26.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No. 13 - 1989 was introduced at a meeting of this
Board held on the 11th day of April, 1989; and
WHEREAS, a public hearing was held thereon by this Board on the 23rd day of
May, 1989, at which time all interested persons were given an opportunity to be
heard thereon; now, therefore, be it
RESOLVED that Local Law No. 13 - 1989 be enacted as follows:
LOCAL LAW NO. 13 - 1989
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 100-61 .B(4) is hereby amended by adding thereto a new
subsection "e" to read as follows:
(e) The maximum size of the guest unit shall be six hundred
(600) square feet.
11. This Local Law shall take effect upon its filing with the Secretary of State.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilwoman Cochran, Justice Edwards, Supervisor Murphy. Abstain: Councilman
Penny.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 27 is to waive the building permit and wastewater
disposal construction permit fees for the 14 Town of Southold/North_ Fork Housing
Alliance affordable houses being built in connection with New York Affordable
Housing Grant.
27.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby waives the fees
for building permits and wastewater disposal construction permits for the fourteen
(14) Town of Southold/North Fork Housing Alliance affordable houses being built
in connection with the New York State Affordable Housing Grant.
27.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 the Town Board declares complete Final
Environmental- Impact Statement on the Solid Waste/Sludge Composing Facility
project.
28.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts as complete
the Final Environmental Impact Statement with respect to the Town of Southold
447
JULY 5, 1989
Solid Waste/Sludge Composting Facility to be constructed at the existing Town
Landfill Site, Cutchogue, New York, and directs the Town Clerk to file a Notice
of Completion; the 10 day comment period to commence on July 13, 1989.
28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilwoman Cochran, Supervisor Murphy. No: Justice Edwards. Abstain:
Councilman Penny.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: That's the end of our prepared and added on agenda.
At this time I'd like to ask any Town Board member, if they have anything further
to comment. Ray?
JUSTICE EDWARDS: Nothing, Frank.
SUPERVISOR MURPHY: Ellen?
COUNCILWOMAN LARSEN : No, thank you, Frank.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Yes. I would just like to make a comment. There
have been two things that I feel needs a little line of communication between
committees or Board members. One is the Laurel Booth in Mattituck. I under-
stand, George, that Lois came to your Chamber meeting with the complaint. Mean-
while in working with developing the contract with Peter Krennin in relation to
the building, the building and grounds. We were working on the water problem,
and Jake was taking care of through Kreiger, so we were working on it, and then
another Board member goes in the direction of working on it, and I just think
there has to begin to be some communication. If something comes to you, and you
feel that it ::could be under Building and Grounds, at least give a yell and that
way I can say, hey, no we're not handling it, or if you want us to, and so on
and so forth. Also, in relation to the boat ramp up in Mattituck where George
at the direction of the Town Board went to investigate the feasibility of sharing
the boat ramp with the Mattituck Park District. There,again, the Parks Committee
is working on the development of that property in another direction, which goes
to the Trustees to begin with. I just think that if maybe something comes to your
attention or if it comes to mine, and I feel it's your committee, I'm going to throw
it in your direction. If you feel that maybe. . .you know we should at least get
a line of communication and we're not working on it or we are. So things go a
little smoother and two different committees aren't solving problems in different
ways. Thank you.
SUPERVISOR MURPHY: Good point. George?
COUNCILMAN PENNY: Well, I just want to say that if Jean was addressing me,
wasn't doing any acting, because Ruth . .
COUNCILWOMAN COCI-IRAN: I'm not addressing you.
COUNCILMAN PENNY: Ruth mentioned to Jean the problem and I was told it was
being handled, and as far as the direction that I .went in the Mattituck boat ramp
area, I was given the approval of five members of the Town Board two weeks ago.
COUNCILWOMAN COCHRAN: I realize that, George.
COUNCILWOMAN COCHRAN: George, please don't feel that I am personally making
these statements in any one person's direction. But I'm just stating this, that
think it's better way of work for all committees, I don't care what they are.
COUNCILMAN PENNY: I work with the full knowledge, the working knowledge
of the Town Board,. especially in the Mattituck boat ramp.
COUNCILWOMAN COCHRAN: George, I'm not criticizing you. These are two things
that happened to fall in the privy of your committees. I'm just saying that the
Town Board should have a better line of communication if. . .you know if I get a
call and feel that it's your committee or Ruth's, you know I'll refer the people in
that direction, otherwise the right hand does not know what the left hand is
doing, and work is being duplicated in two different directions, and I stand on
my statement.
SUPERVISOR MURPHY: George?
448 JULY 5, 1989 448
COUNCILMAN PENNY: I'd just like to take this time right now to thank Ray
Jacobs. Kenny's Beach is in wonderful shape again, and 1 was going through
my memos here and I seem to have lost the letter where the Kenny's Beach
Association said that, Kenny's Beach, once, again, we appeared this year by magic,
and part of that magic was Ray Jacobs, and working with the County, I went
down with Ray Jacobs after the County was going to shut off the funding for the
project after about four days, and we decided that we needed .a little more time
to get more work involved, and Ray went back to John' Golde, and got three more
days worth of dredging down there in Goldsmith's Inlet area, so Kenny's Beach
is beautiful once again. It's nice to see it-appear'. So I have:to agree with Kenny's.
Beach Association, it was kind of like magic. Thank you.
SUPERVISOR MURPHY: Ruth?
COUNCILWOMAN OLIVA: I just wanted to say, I was hoping for a little rain
because my flowers were getting kind of dry, but I think today was ridiculous
in all parts of New York. Thank you.
SUPERVISOR MURPHY: Is there anyone in the audience who would like to address
the Town Board on any matters? (No response.) If not a motion to adjourn is
in order
_ Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8:25 P.M.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town Clerk
i
449
SOUTHOLD TOWN BOARD
JULY 18, 1989
WORK SESSION
Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (9:20 a.m.),
Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth
D. Oliva,, Councilwoman Ellen M. Larsen (9:30 a.m.), Town Clerk Judith T. Terry.
9:10 A.M. - Venetia McKeighan, Director of Human Services, met with the Board to
discuss the reduction of the SNAP (Supplemental Nutrition Assistance Program)
budget which has been cut by $9,247.00 by Suffolk County for the 4/1 /89 to 3/31 /90
program year. Not only have they cut the budget, but they have increased the
anticipated participant income, yet they expect 3,860 more meals to be served. Mrs.
McKeighan sought permission from the Town Board to meet with the County Office
for the Aging officials to convince them that the budget must be brought back to the
current level, and the Board urged Mrs. McKeighan to do so.
9:25 A.M. ---For Discussion Items: (1) CSEA contract negotiations--Town Board will
meet and discuss. (2) Letter from County Executive Halpin requesting the Town's
support of legislation proposed by Leg. Rostenkowski concerning the restructuring
of the Internal Revenue Code Section 89 (see resolution no. 22) . (3) Letter from
the NYS-DEC concerning a STOP day on Fishers Island. Supervisor Murphy
suggested purchasing a small building to be located in the area of the highway barn.
(4) Receipt of a proposal from H2M to prepare a "Draft" Recycling Analysis for
submission to the NYS-DEC (see resolution no. 23) . (5) Proposal from E E A
Environmental Consultants, Inc. for a pilot recycling program for the Town.
9:30 A.M. - Robert Harrington, representing the North Fork Animal Welfare League,
appeared before the Board to advise them that as a result of inspections over the
past several months by the NYS Dept. of Agriculture and Markets, NYS-A8M want
the old dog pound building torn down, and corrections made to the newer buildings.
Mr. Harrington asked that Board members be present on July 24th when the State
inspectors return to reinspect the buildings.
9:45 A.M. - For -Discussion Items continued: (6) Discussion with respect to Non-
resident seasonal beach parking permits which has received considerable attention
lately in a fishing magazine. This permit was designed for fishermen for the period
April 1 through` October 31, and at a , cost of $50.00 included the applicant's car and
boat trailer. .: Due to the publicity, applicants are applying for this permit to be used
on a daily basis and avoiding the $6.00 weekday and $10.00 per day on the weekend
charge. Since the requests have tapered off, Town Clerk Terry suggested the Board
wait until next year before making any changes. (7) Letter from William Moore,
representing Pugliese and Calabrese, applicants for a change of zone, which petition
was withdrawn in 1987, asking that the petition be reinstated. The Town Board
determined that a new petition and filing fee would be required. (8)
Recommendation from Bookkeeper John Cushman that Triangle Consulting Electronic
Customer Support agreement be executed was _discussed with Mr. Cushman at 10:10,
at which time he stated that the service allows Triangle to access the Town's system
directly from their offices in Westbury and resolve computer-related software problems
(see resolution no. 28) . (9-a.b.c.) Create a Board of Trustees for the Town of
Southold Employees Health Benefit Plan, comprised of five members, appoint the
Trustees, and authorize the Supervisor to execute an agreement with the Trustees
to review and adjudicate claims under the Health Benefit Plan. Town Board will
interview prospective Trustees in early August. (10) Proposed Local Law in Relation
to Zoning to add wineries to all districts except Marine, R-40 and AHD (see resolution
no. 24 to set public -hearing on August 1st) . (11) Receipt of the recommendation
from environmental consultants Cramer, Voorhis S Associates, deeming DEIS for .
Southold Villas change of zone petition incomplete (see resolution no. 25) . (12) Review
of applications for weekend marina parking survey (see resolution no. 26 for appoint-
ment. (13) Letter from Board of Commissioners, Orient Fire District, requesting
a waiver of all Town construction fees for their new fire headquarters. Board
regretfully must deny as it would set a precedent for other special districts and not-
for-profit organizations which the Board has denied in the past. (14) Receipt of
proposal from Garrett Strang, Architect, to provide architectural services and
contract documents to make the necessary energy related improvements at Police
Headquarters (see resolution no. 27) .
10:10 A.M. - Bookkeeper John Cushman, Receiver of Taxes Peg Coulter, and
Assessor Scott Harris met with the Board to discuss Business Records Corporation
(BRC) . proposal to provide a Tax Collection System for use on AS400 and an Alarm
Version 20 Interface, and issue a credit for existing DLH software. The Alarm
Version 20 is presently in place in the Town of Newburgh, New York, and Mrs.
Coulter and Mr. Harris propose to travel to Newburgh in September to view their
system. However, they are not certain the program will be satisfactory for the Town
of Southold until they have had an orportunity to view it. Mr. Cushman will ask
4 5 0 JULY 18,1989
BRC . how long their proposal will be valid, as well as other items outlined in their
proposal.---Mr. Cushman also reviewed the Triangle Consulting Electronic Customer
Support agreement (see resolution no. 28), and the need to purchase two Stand Aline
Modems from IBM for the Highway and Police Departments (see resolution no. 20 for
a transfer of funds for same, and resolution no. 21 to the purchase of the modems.
EXECUTIVE SESSION
- . Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was Resolved
to enter into Executive Session. Vote of the Town Board: Ayes: Councilwoman
Larsen, Councilwoman Oliva, Councilman Penny, Councilwoman ' Cochran, Justice
Edwards,., . Supervisor Murphy. T11e Board discussed personnel matters with.
Bookkeeper John Cushman, PBA negotiations with Town Attorney Schondebare,
and personnel matters with Councilwoman Cochran.
11 :25 A.M. - The Board discussed the water problem at the Information Booth at
Laurel. Tests by Krieger Well & Pump Corp. determined that, among other things,
there . are high quantities of sulfur- and iron. They can solve the problem by the
installation of a water treatment system at a cost of $1,350.00. (See resolution no.
29 authorizing the installation of the system.)
12:05� -.P.M, - The Town Board reviewed the proposed resolutions for the regular
meeting..
12:25 P.M. - Recess for lunch.
1 :30 P.M. - Work Session reconvened and the Board audited oustanding bills.
2:00 P.M. - Attorney Charles Cuddy, representing the Association of Marine
Industries, met with the Board to request permission to participate (formally
intervene) and be included in the settlement discussions with respect to the Article
78 concerning Local Law No. 1 of 1989 - adoption of the amendments to the Zoning
Code and Zoning Map as a result of the Master Plan. The Town Board, and Town
Attorney Schondebare, who was present during this- discussion, welcomed the
intervention of the Association of Marine Industries.
2:45 P.M. - Work Sesson adjourned.
REGULAR MEETING
3:00 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, . July
18, *1989, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Murphy opened the meeting at 3:00 P.M. , with the Pledge of Allegiance to the
Flag.
Present: Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
SUPERVISOR MURPHY: The first item on the agenda is a resolution approving
-the audit of the bills of July 18, 1989.
Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the following bills be and hereby ordered paid: General Fund,
Whole Town bills in the amount of $109,318.05; General Fund, Part Town bills
ih the amount of $58,032,96; Nutrition Fund bills in the amount 3of $9,404.34;
Adult Day Care bills in the amount of $100.00; Home Aide Program bills in the
amount of $313, 18; SNAP Program bills in the amount of $1 ,376.53; EISEP Program
in the amount of $118.00; Community Development Fund bills in the amount of
$2,500.00; Highway Fund, Whole Town bills in the amount of $5,184.71 ; Highway
Fund, Part Town bills in the amount of $15,.;550,81 ; Waterfront Revitalization bills
in the amount of $5,870.00; Fishers Island Ferry District bills in the amount of
$157,468.67; West Creek Estate Road Improvement bills in- the arpount of $691 .78;
JULY 18,1989 4 5 1
Southold Wastewater District bills in the amount of $2,738.92; Fishers Island Sewer
District bills in the amount of $202.49; West Greenport Water District bills in the
amount of $3,402.50; Fishers Island Ferry District Agency 8 Trust bills in the
amount of $71 .70; Employee Health Benefit Plan bills in the amount of $1 ,333.33.
Vote of the 'Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution approving the minutes of the Town
Board meeting of July 5, 1989.
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the -minutes of the July 5, 1989, regular Town Board meeting be
and hereby approved.
Vote of the' Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution setting the next meeting date foi-
August 1, 1989, 7:30 P.M., Southold Town Hall. I offer that.
Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was
RESOLVED that the next regular meeting of the Southold Town Board will be held
at 7:30 P.M. , Tuesday, August 1, 1989, at the Southold Town Hall, Main Road,
Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
I. REPORTS.
SUPERVISOR MURPHY: The first item on the agenda are reports. These are
on file in the Town Clerk's Office for anyone who would like to look at them.
1 . Town Justice. Tedeschi Monthly Report for June, 1989.
2. Town Justice Edwards Monthly Report for June, 1989.
3. Town Justice Price Monthy Report for June, 1989.
4. Planning Board Monthly Report for June, 1989.
5. Suffolk County Inter-Agency Coordinating Council, Minutes of May 12,
1989, meeting and Agenda for July 14, 1989.
6. G.C.G. Risk Management Monthly Report for June, 1989.
7. Board of Town Trustees Monthly Report for June, 1989.
8. Zoning Board. of Appeal Monthly Report for June, 1989.
9. Town Police Department Monthly Report for June, 1989.
SUPERVISOR MURPHY: At this time I'd like to ask the Councilmen, if they have
anything special to report, starting on my left ,with Jean
COUNCILWOMAN COCHRAN : On the 11th, I attended the recycling (interference
on the tape.) The committee was found too young to move somewhat, and began
to draw up a program of information and the budget, of course, involved, and
we'll be meeting again in about two weeks time. On the 12th and 13th, Ken Reeves
and 1 were kind of running around. As you will see there is a. resolution on today,
for our Beach Manager, and he has started. We did several interviews, and he
seemed to be the best choice. Also, it looks like we've gotten a couple of more
life guards, so maybe it will solve some of our problems, and we won't have to
continue to close Kenny's after it's been replenished this year, so hopefully we've
now got that straighened away. I also ran up, I think it was on Wednesday night,
up to the Center. . They were having a teen .dance, which was kind of fun. They
had.two live bands. One was no charge. It was the first time had ever played
before a group of their peers, so they were quite excited, and,;;also, had a disk
jockey from WRCN, who awarded prizes and just gave "the kids anything from fresbies
to free movie passes. It was well done. On the 13th, I also, attended the informa-
tional meeting of the compost at 2:00 P.M., and also the one in the evening. I .
did have to leave the one in the afternoon a little early, due to a Housing meeting..
The Housing Committee did meet to discuss tightening up the affordable housing
law, and Jim McMahon feels that we should develop more strigent guidelines, so
we did have the work session. There's another one scheduled. We had originally
talked about the 20th, but we're going to th.e 27th because there's a jury trial
scheduled for that day, and Betty is not sure if it will continue to that second
day. They requested saving both days, and they tie up both rooms, so we're
going with the 27th on that. I would just like to say in relation to the composting,
I thought the panel did well in their presentations. I felt that it was fairly well
attended. I counted the total of about 200 people between the two. I was a
little dismayed, and this bothered me, and I don't know if it bothered any of the
rest of you, but we've gone with Daneco, because we feel that it is the best
technology, looking for the best protection for the Town, and when a supposedly
452 JULY 18,1989
educated man stands stands up and objects to the fact, that number 1 ,it's an
Italian firm, and number 2, are they going to have green cards? I thought it
was bigoted. I thought it was discriminatory, and I would like to believe that
Southold has moved a little bit more out of the dark ages than comments from
that. I'd like to see when we have informational meetings, the public has the
right to not be in agreement with what's being presented, but there are ways
that some things are constructed, and some things are not. I came away feeling
a little upset by some of the comments that were made in relation to the fact
that we had chosen a foreign firm. I mean there are certain things, if you want
an airplane,. you come to the United States to buy it. How many people are driving
around Southold in Japanese cars and foreign cars, and Mercedes? It goes on,
and on, and on. It's all a part of the international trade, but I think it's just
uncalled for when someone points out, you know, are these people going to be
carrying green cards? And I just had to get that off my,, chest. Thank you,
that's it-.
SUPERVISOR MURPHY: Thank you, Jean. Ruth?
COUNCILWOMAN OLIVA: On July 6th, we had the meeting with the Orient Meadow-
lands Association with Dick Ryanfrom DEC, and George will be reporting on that.
On July 10th, we held a Farmland' Preservation Committee meeting, and basically
the new members are kind of getting informed, they're getting their act together,
and they're asking the Assessors for a list of properties of ten acres or more,
so that they can send out letters to see if these people, there might be some new
owners, if they would like to enter the County program, and we would do the
appraisals. On July 13th, I attended the afternoon session of the composting,
and I had to leave early to go with the other Supervisors to interview a recycling
manager for the program for the five east end towns, and hopefully we have
selected one that will do a great job. An enthusiastic young man, and we hope
he'll work out very well. Then I went back to the composting meeting that.evening,
and I., also, thought that the panal was excellent, and I had three of my biggest
critics there. I had two sons and my husband, and they thought it was excellent.
I agree with Jean about the bigotry and this .and that. I didn't think that was
appropriate, and I was also rather dissappointed not to see more of the young
people come out to something like this because it is their future, and what
they're going to be paying for in the long run. That's it. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Ruth. George?
COUNCILMAN PENNY: On the 6th we had a meeting with the Orient Wetlands
community and the Peconic Land Trust, and we apprised the people of the meeting
that we had with the DEC. The fact that there's a good indication from the DEC
that the Town programs on their own will not stand in the way of condemnation,
which is somewhat disappointing. It seems like the DEC% is looking for the absolute
final. word in who's going to be able to go on and off these properties. So we
explained this to the people, . and there was some :disappointment to say the least.
But the Peconic Land Trust" is negotiating and at least some of the people,that
were there now,will probably either contact their attorneys or the Town, and
probably start some sort of active negotiation. It was a rather disappointing
message to, have to bring the community after waiting this long for an answer
from Albany. On the 8th, I attended a meeting of the Kenny's Beach Civic
,association. I was invited to speak there. We spoke about local Kenny's Beach,
and. the funding, and the status of the ramp from New York State. We talked
about building permits, which we'll bring up in the Code Committee. We got into
a small discussion on affordable housing, being there is an affordable proposal
right in the Kenny's Beach Civic Association area, and we discussed composting.
was very happy to see some of the members of the Kenny's Beach Civic Association
did show up at the composting meeting on Thursday, and °as two;`: other members
already reported, I, 'also, attended the public meeting on composting. I wanted
to just mention, just for the- record, that as far as Peconic County is concerned.
Legislator Fred Theile has called another meeting on July 21, 1989, at 7:00 P.M. ,
in -Southampton. There are four committees that are being formed, legislation,
legal and lobbying, public information, division of existing assets and liabilities,
and budget committee, and I've been appointed the chairman of the legislation,
legal and lobbying committee, so I shall be very busy, and I have a copy here
of some more legislation, which is pending, and I'll have more to report in two
weeks.
COUNCILWOMAN COCHRAN : George, -can I just ask a question? What was their
concerns in relation to the affordable housing project? Was there any concerns?
COUNCILMAN PENNY: Just general questions. You know the minute people hear
something is coming into their community, they like to know more about it, and
I convinced them that what they were talking about was really not a. . .it wasn't
low income housing. It wasn't subsidized housing. I didn't have the Town Code
with me, and I did as much as I could from memory on the qualifications of the
people and the mortgagebility of the people, and I think they're reassured. They
were very positive. I guess the questions had been coming in, and as collectively
as a group, they just asked that I discuss it proficiently which I did.
JULY 18,1989 4.5 3
SUPERVISOR MURPHY: Ellen?
COUNCILWOMAN LARSEN : Yes. Thank you, Frank. On the 11th, I viewed the
DEC Wetland maps for the Town of Southold. The DEC had sent notification to
the property owners in the Town of Southold who would be affected by these new
wetland mapping and the wetland creteria associated with it. I just went as an
observer. They handled themselves very professional in their explanation of the
law, and the importance of the wetlands system within the Town and Long Island
itself. I, also attended the teen dances. Jean was pulling out. I pulled in.
It went very well. . I stayed to the end with Ken. We did some clean up, and
got everything done. It was very nice for the teenagers. On Thursday, the
11th, I attended the Housing Committee meeting, which Jean has reported on.
On that evening I attended the compost hearing. When I got there intially I thought
was the only Town Board member there, and I saw everyone else sitting yap
in the audience. I thought it was presented very well. Elliot did a great job.
George Desmarais did a very professional job as always, and Frank did a good
job in handling the questions. As far as our negotiations with Daneco, which
have not been finalized yet, and as far as negotiations on anything, whether it
be the purchase of wetlands, the negotiations with the major corporation. The
professional way that negotiations are done, are with professionals intially down,
we do it behind closed doors, and then you bring it to the public. It's unfortunate
that in many instances the agencies involved and the people that are involved
with very, important projects that will affect the history and the quality of Southold_
in the long term, that before the questions have been given an opportunity to
adequately addressed by the people involved that they're torn apart and criticized
in a very negative fashion. However, all the questions that were raised at the
hearings, I felt that the Town, in my mind that we had addressed in a very satis-
factory way. So I was very proud of us, and I'm very pleased with the direction
that we're heading in. That's about it. Thank you, Frank.
SUPERVISOR MURPHY: Raymond?
JUSTICE EDWARDS: 1 was over here on the 6th of July,after our Board meeting,
for my regular court day, and I had to come back over,again,on the 11th for
a. jury trial, which took up most of the day. It wound up in a hung jury, and
we're going to try again at the end of the month. I was over here, also, on the
13th for the two compost meetings. There was two members of the Fishers Island
Garbage District, who came over for the first meeting and sat in on it. They
had a couple of questions answered. I was very disappointed at the meeting that
the DEC was not there to answer some of the questions, but apparently they were
not told to be there and so forth. Last Sunday, this was on personal time, no
charge to the Town, I came over here for a wedding on the ferry. boat. We left
Claudio's dock at 5:30, and it was a beautiful evening. The trip around Shelter
Island. Too bad the clouds didn't let the moon shine through, but it was a beauti-
ful four hour trip on Peconic Bay. -Very, very nice way to have a wedding. They
had the caterer, the band,and the whole bit.
SUPERVISOR MURPHY: . Were you the judge? Did you marry them?
JUSTICE EDWARDS: No. But I .was standing there, and I was a possibility, because
they couldn't-find the minister. He was traipsing around the boat someplace, and
was ready to go.
COUNCILMAN PENNY: Are you authorized to marry someone in the Shelter Island
waters?
JUSTICE EDWARDS: Oh yes. Suffolk County. In fact, I did a wedding once
from Norwalk. We had to come accross the Sound. We did it on the Long Island
Sound. My cousin's girl. Walsh Park is in the making down there. They started
to do the roads in there, and only this morning I was down when the ferry boat
came in, and there was a big tractor-trailer load of concrete curbing for the roads
over there. Some of the drainage material is already on the Island. It's held
up by some kind of bureacratic, but Walsh Park is on the making. I hope on
the 9th of August when you people come over you'll have a chance to tour it.
SUPERVISOR MURPHY: Thank you, Raymond. The only thing further I'd like
to comment on is mainly the composting informational meeting we had. One strange
thing, there was I think only one person who really came out and said, how can
we help? Jean mentioned .it. I don't think the Town Board preceived as spending
money all the time. I don't think we have the least bit of interest in a making
a project to have our names appear on a sign or something, that if it wasn't
necessary we wouldn't be going in this direction at all, and that if we don't move
feel we're going to be in real serious situation.
11. PUBLIC NOTICES
SUPERVISOR MURPHY: Moving on to Item 2, public notices. There are three.
These are posted on the Town Clerk's Bulletin Board.
454 JULY 18,1.989
1 . N.Y.S. Department of Environmental Conservation, Notice of Complete
Application of Geoffroy Penny to dredge a boat, basin in Haywater Cove below
mean . low water placing the spoil on adjacent upland and establish a naturally
suraced boat ramp,, said project located on the south side of Mason Drive in Peconic.
Comments by August 4, 1989, to George W. Hammarth, (516) 751-7900.
2. U.S. Army Corps of Engineers, N. Y. District; Application of Peter
Fakir,is to dredge with ten years maintenance and upland disposal in Gardiners
Bay, East Marion. Written comments by August 7, 1989.
3. N.Y.S. Department of Environmental Conservation; Notice of Complete
Application of Adele Dusenbury & Elizabeth Garrity to construct a single family
residence with well and septic system within the adjacent area of a NYSDEC Fresh-
water Wetland at Mulford Court, Grandview Estates, Greenport. Comments by
August 4, 1989, to Susan Ackerman, (516) 751-7900.
j
Ill. COMMUNCIATIONS. (None:)'
SUPERVISOR MURPHY: There are no communications, Item 3.
IV. PUBLIC HEARINGS. (None.)
SUPERVISOR MURPHY: There are no public hearings scheduled today
V . RESOLUTIONS.
SUPERVISOR MURPHY: We'll move on to Item 5, resolutions. At this time I'd
like to remind anyone in the audience who would like to address the Town Board
on any proposed resolution, you may do so now. There will be a period of time
after the resolutions and final report by the Town Board for any, questions from
any one in the audience. So is there anyone who would like to address the Town
Board on any of the proposed resolutions. (No response.) Hearing none, we'll
move on to the first, which is the application for a trailer permit renewal.
1 .-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the application of Eugene Vanden Bosch, Northeast Nurseries,
for renewal of his Watchman/Caretaker trailer, located on the south side of County
.Route 48', between Cox Lane and Bridge Lane, Cutchogue, which permit expires
on August 8, 1989, be and hereby is granted .for a six (6) month period.
1 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: .Next...is to..request .a .speed. survey.
2.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby request the New
York State Department of Transportation to conduct a speed survey of the 40
mile per hour speed zone on NYS Route 25, East Marion, for the purpose of reducing
the speed limit to 30 miles per hour.
2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is to authorize members of the Landmark Preservation
Commission to attend a Historic District Commission Design Review Seminar. I
offer that resolution.
3.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the. Town Board of the Town of Southold hereby authorizes John
A. Stack, Ralph O. Williams, and William Peters, members of the--Landmark Preser-
vation Commission, to attend the Historic District Commission Design Review Seminar,
to be held on Friday, July 14, 1989, from 9:00 A.M.. to 3:00 P.M-. , at the Long
Island State Park's Regional Office; Babylon, New York, and the cost of $10.00
per member ($30.00), shall be a legal sharge against the Landmark Preservation
Commission's 1989 Budget.
3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to accept a bid.
4.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, . it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Edward Ehrbar, Inc. , in the amount of $53,200.00 (price: $60,000.00, trade-in-
allowance: $6,8000.00, net: $53,200.00), for supplying the Town with one (1)
used 1988 Dresser Model 520B Articulated Payloader, S/N 7142, all in accordance
with the bid specifications.
JULY 18,1989 455
4.-Vote of the Town Board: Ayes:, Coun!lw:oman.:,Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Supervisor Murphy. Abstain: Justice
Edwards.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is to appoint Gerald Dennehy as Chairman of
the Farmland Preservation Committee for one year in accordance of the Committee's
recommendations. I offer that.
5.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with
Chapter 25, Section 25-50.C of the Code of the Town of Southold, hereby appoints
Gerald Dennehy as Chairman of the Farmland Preservation Committee for a period
of one (1) year, effective July 18, 1989 through July 18, 1990, all in accordance
with the recommendation of the Farmland Preservation Committee, he to serve in
said position without compensation.
5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is to authorize a Budget Modification for the
General Fund - Whole 1989 Budget.
6.-Moved by Councilwoman Cochran, 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 1989 Budget for
the transfer of monies from the Park 8 Recreation Account of the General Fund
and the purchase of bleachers, benches, swings and climber for the Laurel Lake
Park:
To:
Revenues
A2025 Special Recreation Facility $ 4,450.00
Appropriations
A7110.2 Parks, Equipment $ 4,450.00
6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is to authorize a Budget Modification to the
General Fund Part Town.
7.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1989 Budget modification to the General Fund Part Town to .provide for
the purchase of three (3) cellular telephones from a portion of monies turned over
to the Town from the U.S., M_ arshall:
To: '
Revenues: B2715 Proceeds Seized/Unclaimed Property $ 1,800.00
Appropriations: B3120.2 Police, Equipment $ 1,800.00
7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is to appoint Ke Chen as a provisional Town
Engineer for a period of six (6) months, effective July 19, 1989, at a. salary of
$28,000.00 a year. I offer that resolution.
8.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Ke Chen
.as a provisional Town Engineer, for a six (6) month period, effective •July 19,
1989, at a salary of $28,000.00per annum.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilwoman Cochran, Justice Edwards, Supervisor Murphy. Abstain: Councilman
Penny.
This resolution was declared duly ADOPTED.
SUPERVISOR PENNY: Number 9 is to grant permission 'to attend a seminar.
9.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Local Waterfront Revitalization Intern Scott Dobriner to attend a Stormwater
Runoff Workshop, sponsored by the Cornell Cooperative Extension, on August
17, 1989, at the Suffolk Community College, Riverhead, and the $15.00 registration
fee, and necessary expenses for travel shall be a legal charge against the Local
Waterfront Revitalization Program Budget.
9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
456 J ULY 18,1989
SUPERVISOR MURPHY: Number 10 is to appoint a Beach Manager.
10.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Arthur
Quintana as 'Beach Manager for weekends for the remainder of the summer season,
effective July 15, 1989, at a salary of $50.00 per day, plus $.20 per mile (Mr.
Quintana will be using his own vehicle) .
10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 is to appoint additional lifeguards for the
remainder of the summer season.
11 .-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following Lifeguards for the remainder of the summer" season:
Chris Pisano $ 7.00 per hour (1st year) , effective July 15, 1989
Bill Foronjy $ 7.00 per hour (1st year) , effective July 15, 1989
Dan McGunnigle $ 7.00 per hour (1st year) , effective July 18, 1989
James Morrissey $ 7.00 per hour (1st year) , effective July 18, 1989
Chris Oliver $ 7.25 per hour (2nd year); effective July 18, 1989
11 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This. resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 1.2 is to set a public hearing.
12.-Moved by Justice Edwards, seconded by Councilwoman Cochran,
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" (deletion of
Section 100-239.d.C) ; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M. , Tuesday, August 1 , 1989,
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:
I. Chapter 100 (Zoning) of the Code of the Town of .Southold is hereby
amended as follows:
1 . Section 100-239d.C is hereby deleted.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
12.-Vote. of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to set another public hearing.
13.-Moved by Councilman Penny, 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: (corrects errors
in Density and Lot Size Schedules) ; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:02 P.M. , Tuesday, August 1 , 1989,
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 RESOLVED 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 . The "Density and Minimum Lot Size Schedule for Residential
Districts" is amended as follows:
Districts RR
Resort
Residential
Multiple dwelling unit or townhouse
Multiple dwelling or townhouse without N/A
utilities
Multiple dwelling or townhouse with
community water N/A
Multiple dwelling or townhouse with
community water and sewer. NrA
2. The "Density and Minimum Lot Size Schedule for Nonresidential
Districts" is amended as follows:
Districts M-11
Marine II
Motel, hotel or conference center guest unit
Guest unit with Community water and sewer 4,000
II . This Local Law shall take effect upon its filing with the Secretary
of State.
JULY 18,1989 4157
13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number• 14 is to renew a single family trailer. permit.
14.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the application of .David L. Mudd for renewal ,of a .sin le family
trailer used for housing farm workers; said trailer is located on a private right-
of-way on the north side of County Route 48, and permit expires on July 23,
1989, be and hereby is granted for a six (6) month period.
14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman .Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: ' Number 15 is a Budget modification for the Fishers Island
Ferry District.
15.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED .THAT THE Town Board of the Town of Southold hereby authorizes
the following 1989 Budget modification to the Fishers Island Ferry District account
to provide a budget for the New York State grant for reconstruction of pile dolphins
at Silver Eel Pond, Fishers Island, and to fund overdrawn line item.
Revenues:
To: SM.3097 Capital grant-NYS $ 200,000.00
Appropriations:
To: SM. 1420.4 Town Attorney, Contractual Expenses $ 1,000.00
SM.5709.2 Dock Repairs, Equipment $ 200,000.00
From: SM.5711 .4 Office Expense, Contractual Expenses $ 1,000.00
15.-Vote of the Town Board: Ayes.: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: I might add Senator Ken LaValle and Joe Sawick, our
Assemblyman were very instrumental in getting that grant.
JUSTICE EDWARDS: And Senator Levy; I think, through John Clavin. And
they are just about all in.
SUPERVISOR MURPHY: Number 16 is to authorize the attendance at a conference.
16.-Moved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to all Town Board members to attend the BioCycle Northeast Conference 189, on:
September 13, 14, 15, 1989, at Portland, Maine,. and the necessary expenses for
registration, travel, meals and lodging shall be a legal charge against the Town
Board's 1989 Budget.
16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: .Number. 17 is to authorize the Town Clerk to readvertise
for resumes for a legal stenographer. I offer that.
17.-Moved- by. Supervisor Murphy, seconded by 'Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby ,authorizes and
directs the Town Clerk to readvertise for resumes for a Legal Stenographer,
full-time, provisional, for. the Office of the Board of Appeals, at a salary of
$19,618.45 per year.
17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was-declared duly ADOPTED. -
SUPERVISOR MURPHY: Number 18 is to approve a bond estimate.
18.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
amount of $442,685.00 bond estimate for subdivision:-rlh—rdonnay Woods, which
amount represents an increase of $39_-2.05:u0wer the bond estimate approved on
January 10, 1989; and -be-l1 furthe1
R.ES_OLV>=�- hai -the ay�:aer�t of $1,9,65.00, additional inspection fee is required
based upon the new bond estimate.
18.-Vote of the Town Board: Ayes. Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is to appoint a water safety instructor.
_458 r;
J U LY 18,1989
19.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Daniel
Jenkins as a Water Safety Instructor, effective. ,July' 24, 1989 through August 4,
198.9, at salary of $12.00 per hour.
19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is a budget modification for the General Fund-
Whole Town.
20.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole 'Town 1989 Budget to
provide for the purchase of the new Justice Court building, and 7861-016 modems
for the Highway Department and Police Department communications:
To: A1620.2 Building ;8 Grounds, Equipment $ 110,000.00
A1680.2 Central 'Data Processing, Equipment $ 6,000.00
From: A8160.2 Refuse S Garbage, Equipment $ 110,000.00
A1990.4 Contingencies, Contractual Expenses $ 6,000.00
20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is to authorize a purchase.
21 .-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
purchase of two (2) 7891-016 Stand Alone Modems from IBM, at a price of $3,120.00
each; said charge to be made to A1680.2, Central Data Processing, Equipment.
21 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is a resolution of support for Bill # H.R. 1864.
I offer- that resolution.
22.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
o
RESOLVED that the Town Board of the Town of Southold hereby goes on 'record.
in support' H.R. 1864"' regarding the restructuring of the Internal Revenue Code
Section 89 and other sections that pertain to the provisions of nondiscriminatory
health care coverage, and said amendments will remedy the costly, inequitable
provisions of the present regulations that could affect Southold Town employees
and place a tremendous burden of the.,Town of Southold.
22.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is to accept.'a proposal of H2M for a draft
recycling analysis at a lump sum fee of $7,500.00, .and to approve the draft on
Task 2 on per diem basis, the total cost not to exceed $30,000.00.
23.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, . it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of Holzmacher, McLendon 8 Murrell, P.M. to prepare and submit to the NYSDEC
a "Draft" Recycling Analysis, as outlined in Task 1 in their proposal dated July
5, 1989, and to provide engineering services under Task 2 on a per diem basis,
which services would include revisions to the "Draft" Recycling Analysis along
with meetings required for final approval, the entire project (Tasks 1 and 2) shall
not exceed $30;000.00.
23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to set a public hearing. _
24.-Moved by Council; Oman Oliva, seconded by Councilwoman Larsen,
WHEREAS, there has beeri-presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A^Local`-= W_ in Relation to Zoning" (adds wineries
to -all districts except the Marine District, R-40 5T LDistrict) ;now,
therefore, be it
RESOLVED that the Town Board hereby sets 8:05 P.M. , Tuesday, August 1 , 1989,
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
-B.E 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
N•.amended as follows:
JULY 18,1989 459
1 . Section 100-31 . B(13) is� hereby,pmended to read as follows:
(13) Wineries for the production' and sale'of wine produced from
grapes primarily grown in the vineyards on which such
winery is located.
2. Section 100-42.B is hereby amended by adding thereto a new
subsection (4) to read as follows:
(4) Wineries as set forth and regulated by Section
100-31 . 13(13) of the Agricultural Conservation District.
3. Section 100-61 .B(1) is hereby amended to read as follows:
(1) Any special exception use set forth in and as regulated by
Section 100-31 .13(1) , (6), (7) , (13) and (14) of the
Agricultural Conservation District.
4. Section 100-71 . B is hereby amended by adding thereto a new
subsection (6) to read as follows:
(G) Wineries
5. Section 100-81 . B(1) is hereby amended to read as follows:
(1) Any special exception use as set forth in and regulated by
Section 100-31 .B of the Agricultural Conservation
District, except wineries are not required to be in
connection with a vineyard.
6. Section 100-91 .B is hereby amended by adding thereto a new
subsection (10) to read as follows:
(10) Wineries
7. Section 100-101 .B(1) is hereby amended to read as follows:
(1) Any special exception use as set forth in the regulated by
Section 100-31 .13(2) to 03) , except wineries are not
required to be in connection with a vineyard.
8. Section 100-131 .B is hereby amended by adding thereto a new
subsection (14) to ,read as follows:
(14) Wineries
9. Section 100-141 .B is hereby amended by adding thereto a new
subsection (3) to read as follows:
(3) Wineries
II. This Local Law shall take effect upon its filing with the Secretary .
of State.
24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is a resolution deeming incomplete the Draft
Environmental Impact Statement with respect to the change of zone petition of
Southold Villas, Inc. to Affordable Housing (AHD) District. I offer that resolution.
25.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby deems incomplete
the Draft Environmental Impact Statement with respect to the change of zone
petition of Southold Villas, Inc. to Affordable Housing (AHD) District, based upon
the recommendation of the Town Board's consultants, Cramer, Voorhis & Associates,
who find the document not adequate for the purpose of commencing public review,
with respect to scope and content; and be it further
RESOLVED that the Town Board directs that the revisions recommended by the
consultant be incorporated into the text of the document, rather than in the form
of an addendum, in order to provide an understandable document which will be
suitable for review by the general public.
25.-Vote of the Town Board:. Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman- Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is to appoint Lori Lipman to do marina surveys
for the Town for the summer season at a rate'of $50.00 a day, plus mileage.
26.-Moved by Supervisor Murphy, seconded by Justice Edwards, it .;was
RESOLVED that the Town Board of the Town of Southold hereby appoints Lore
Lipman to survey parking at all- -marinas in- the Town of Southold for the summer
season on Saturdays and Sundays, effective July 19, 1989, at a salary of $50.00
per day, plus mileage at a rate of $.'20 per mile.
26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 27 is to accept a proposal of Garrett Strang for
the engineering work for the Police headquarters.
27.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it 'was
RESOLVED that the 3Town Board of the Town of Southold hereby accepts the
proposal of Garrett A. Strang, Architect, to provide architectural services and
contract documents_ (exclusive of mechanical and electrical systems) to male the,
necessary enerqy related improvements to the Southold Town Police Headquarters;
460 'JULY 18,1989
said services to include the bid package, bid administration, periodic visits to
the site during the installation phase, and consultation with the Town as required;
fee for the aforesaid services to be $5,500.00.
27.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Councilwoman
Cochran, Justice Edwards. Abstain: Councilwoman Larsen, Supervisor Penny.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is to pay a monthly fee to ECS for support
services for the computer. I offer that.
28.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between the Town
and Triangle Consulting Corporation whereby Triangle will support the Town's
data processing operations utilizing Triangle Electronic Customer Support, which
is a method of resolving computer-related software problems from Triangle's offices
by the telephone connection of .Triangle's computer system to the Town's computer
system; these services to be provided at a basic monthly fee of $250.00 for three
(3) hours per month, and time used in excess of the basic hours in any month
will be billable to the Town at the rate of $150.00 per hour, billed in increments
of tenths of an hour.
28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 29 is to approve the installation of a water treat-
ment system at the Laurel Lake Information Booth. I offer that resolution.
29.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the pro-
posal of Krieger Well E Pump Corp. to install a water ,treatment system (Water
Soft's AF 10 Provectr) at the Tourist Information Booth at Laurel, at a cost of .
$1 ,350.00 installed.
29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is a Budget Modification to the General Fund
Whole Town, concerning. . .
TOWN CLERK TERRY: The Tree Committee received $200.00 donation, so it has
to come in donations, and be appropriated to the Tree Committee from Mattituck/
Cutchogue High School General Organization.
30.-Moved by Councilwoman Cochran, seconded by Councilwoman Olivan, it was
RESOLVED that the Town Board of the Town .of Southold hereby authorizes the
following budget modification to the General Fund - Whole'Town 1989 Budget to
provide for a $200.00 donation from the Mattituck/Cutchogue High School. General
Organization donation:
To:
Revenues
A2705 Gifts & Donations $ 200.00
Appropriations
A8560.4 Tree Committee, Contractual Expenses $ 200.00
30.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards,. Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is to authorize Dick Winters to conduct an
appraisal for the Open Space Committee.
31 .-Moved by Councilwoman Oliva, seconded by Justice Edwards, itcwas
RESOLVED that the Town Board' of the Town of 'Southold hereby engages the
services of Richard A. Winters, Real Estate Appraiser, to conduct an appraisal
on behalf of the Open Space Committee on the property of : Oscar J. Bloom &
others, Tax Map No. 1000-44-4-3.1, southeast corner of County Route 48 and
Albertson Lane, Southold; Mr. Winters's fee for said appraisal shal! be $600.00.
31 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This- resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is to authorize- the return of the bid deposits
with respect to the two vendors not picked for the composting, Riedel and Bed-
minster.
32.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board. of the Town of Southold hereby authorizes and
directs the Town Clerk to return the $50,000.00 cashier's check submitted by
Riedel Environmental Technologies, Inc. as proposal security posted in lieu of
the proposed bond with respect to the Town's Final Request for Proposals for
JULY 18,1989 461
a Solid Waste/Sludge Composting Facility:; ..AND the $50,000 00 Irrevocable Letter
of Credit submitted to the Town by Bedminster Bioconversion Corp, with respect
to the same project.
32.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPPHY: That's the end of our prepared and added on agenda.
At this time I'd like to ask any of the Councilman if they have anything further
to say. Raymond?
JUSTICE EDWARDS: Nothing. Thank you.
SUPERVISOR MURPHY: Ellen?
COUNCILWOMAN LARSEN : Just looking at the Bio-Cycle agenda. First speaker
on Conference program. . . .
COUNCILWOMAN COCHRAN: . Didn't you hear us talk about that this morning.
COUNCILWOMAN LARSEN : From landfilling to composting, design for solid waste/
sludge compost facility in the Northeast, Frank Murphy, Supervisor of Southold,
New York. George Desmarias. .
SUPERVISOR MURPHY: When I finish I will have made the best presentation of
the day. Of the conference. George?
COUNCILMAN PENNY: Nothing.
SUPERVISOR MURPHY: Ruth?
COUNCILWOMAN OLIVA: No, thanks.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Yes. I was reading some old records, and I thought
it was kind of fun just to share this with the Board, because what did we do
some 32 resolutions? Back on April 5, 1887, they had the annual Town Board
meeting, and they passed a total of 6 resolutions, and the Town Budget for that
year was $2,167.00. The total expenses for the Town was $2,167.39. That's
excluding roads and bridges, but the Highway Budget was only $475.00 that year.
But two of the resolutions, one was the Highway Budget, but two others that
I found interesting was that they appropriated $400.00 for the use of overseers
of the poor, and then, also, they had to pass a resolution for refunds for dog
taxes that were erroneously lev iod. and paid. So it was kind of fun, as many
of you know, Helen Cochran when she passed away, we had the responsibility
of cleaning out the house and so forth, but we've come accross a lot of interesting
little facts and figures, and old post cards, which some of them I passed on to
Toni. I just found a couple of nice ones from East Marion, which we don't have
that area. It's fun to look back. At that time, William Cochran was Town Clerk,
and some of this is part of his savings. It was fun to look back.
TOWN CLERK TERRY: Was that her father?
COUNCILWOMAN COCHRAN: Yes, William was her father. But it's kind of fun
as you go through these things. Thank you.
SUPERVISOR MURPHY: Okay, is there anyone in the audience? (No response.)
If not a motion to adjourn is in order.
Moved by Councilwoman Cochran; seconded by Councilwoman Oliva, it was
RESOLVED the the Town Board meeting be and hereby is adjourned at 3:35 P.M.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
l `
udith�T �T�e"Frr
Southold Town Clerk
462
SOUTHOLD TOWN BOARD
AUGUST 1, 1989
WORK SESSION
Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards,
Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth
D. Oliva, Assistant Town Attorney Robert H. Berntsson, Town Clerk Judith T.
Terry.
9:10 A.M. - Margery S Bertram Walker met with the Board to discuss the property
of their neighbor Richard Zeidler, ' Brushes Creek, Mattituck, which property has
been the subject of Building Department, Board of Appeals and Trustee decisions.
(Also in attendance: Trustees Frank 'Kujawski, President, and Henry Smith, Building
Inspector Curtis Horton, and Board of Appeals Chairman Gerard Goehringer.) Mr.
and Mrs. Walker questioned the issuance of a Certificate of Occupancy when they
feel certain conditions of the Board of Appeals and Trustees have not been met.
They are further concerned about a "scenic eye view easement" which is their
deeded right. Building Inspector Horton said he had inspected the property and
found everything in order. Trustee Kujawski said there is still the matter of
planting beach grass to be delt with. Mr. and Mrs. Walker produced photographs
of the Zeidler property showing debris and very high weeds which they contend
destroy their eye view easement, and value of their property. The Board will ask
Principal Building Inspector Victor Lessard to reinspect the property for compliance.
9:45 A.M. - Trustee President Frank Kujawski, along with Trustee Henry Smith met
with the Board to apprise them of the fact the County of Suffolk has done a minimal
amount of dredging this year and some creeks are becoming navigational problems.
9:50 A.M. - Board of Appeals Chairman Gerard Goehrin er met with the - Board to
advise that he has been unable to find a qualified replacement for Stenographer
Linda Kowalski who will be leaving soon. He said the office will only be open four
days a 'week from now on, and he will be holding Saturday morning hours to meet
with applicants.
10:00 A.M. - Eugene Vanden Bosch, Northeast Nurseries, met with the Board to
discuss his request for a waiver of - the Soil Removal Permit requirements (see
resolution no. 18) .
10:05 A.M. - For Discussion Items: (1) Amendatory Agreement regarding the Local
Waterfront Revitalization Program (see resolution no. 19) . (2) An unnavigable boat
problem in Mattituck Creek (see resolution no. 20) . (3) Need for Dog Pound
repairs as cited by the NYS Dept. of Agriculture 8 Markets - this will be discussed
at 2:00 P.M. with a representative of the NYS Dept. of Agriculture 6 Markets and
members of the North Fork Animal Welfare League. (4) NYS-DEC contract with the
Federal Emergency Management Agency to review the amended flood plain management
regulations will be reviewed by the Town Attorney and a possible Local Law drafted
to amend the Town's current law. (5) Councilman Penny advised the Boasrd he
met with the Fire Officer's Council and asked the Board to again consider a waiver
of fees for special districts - namely the Orient Fire District for the construction
of a new fire station. The Board agreed that taxing districts should be exempt and
asked the Assistant Town Attorney Berntsson to draft an amendment to the Code
to provide for the exemption (see resolution no. 21 for an exemption for the Orient
Fire District) .
EXECUTIVE SESSION : 10:30 A.M. - Moved by Councilwoman Uochran, seconded
by Councilman Penny, it was Resolved that the Town Board enter into Executive
Session. Vote of the Board: Ayes: Supervisor Murphy, Justice Edwards,
Councilwoman Cochran, Councilman Penny, Councilwoman Oliva, Councilwoman_
Larsen. Also present: Assistant Town Attorney Berntsson, Town Clerk Terry,
Bookkeeper Cushman, Superintendent of Highways Jacobs, Police Chief Winters,
Insurance Consultant Mullen. Those present met with Lawrence Grimm, Vice
President, G.C.G. Risk Management to discuss Workers' Compensation cases with
respect to certain Town employees. Also discussed was PBA contract negotiations.
-10:50 A.M. - For Discussion Items continued: (6) Notico from Venetia McKeighan,
Director of Human Services, that she has received $11,250.00. funding for the
purchase of a van. She has priced 15-passenger and 8-passenger vans, and the
cost differential is $1,250 more for the 15-passenger, which she recommends. The
Town Board agreed that Town funds should be contributed toward the purchase of
the van (approximately $7,900) since Mrs. McKeighan's programs are in dire need
of a new van. Resolution no. 22 was placed on the regular meeting agenda
authorizing the Town Clerk to advertise for bid for a 15-passenger van. U)
Findings State - Solid Waste/Sludge Composting Facility. With the exception of
Councilman Penny, the Board members were prepared to accept the statement (see
resolution no. 23) . Councilman said the document is incomplete and his concerns
have not bee addressed, and these concerns with reviewed at length with George
Desmarais of H2M: No site specific detail, no soil studies, cross sections or test
borings. No well testing data--lack of information on the impact of 10,000 gallons
per day. No detail on waste distillation, on incineration, on multi-town approach,
on landfilling compost. No information on the liner portion of the landfill as
required by the DEC. No information on Town waste studies, on scales, specific
traffic studies, on recycling, on EPA requirements, closure information. There is
no information on odors--only thing addressed covers the piles of compost, not the
buildings. They should have all of that information now. Site related water was
not quantified, there is no landscaping design, no mention made that this is a
shallow recharge area, not a deep recharge area. (8) Bond and Capital Note
Resolution, authorizing .the. design and construction of the compost facility, maximum
cost not to exceed $9,000,000. Discussion with respect to, adopting a bond resolution
for a referendum on the Board's own motion, or a .bond resolution for a permissive
referendum which would require a petition from Town taxpayers. Supervisor Murphy
wishes a referendum on the Board's own motion, to be held on October 3rd.
He said the builder is under a tight time frame and if the project doesn't go forward
expeditiously there "could be a delay until spring for start of construction.
Councilwoman Cochran felt the referendum should take place in November at the
General Election, at which time the largest percentage of the voters would be
reached. She is concerned about special interest groups at a special election, at
which time the turnout is generally small. Justice Edwards wished the referendum
held to November. Councilwoman Oliva had mixed feelings, she is concerned about
the cost of a special election, but worried about the escalated costs, however, she
agrees there would certainly be 'a larger number of voters at the General Election.
Councilwoman Larsen preferred the October 3rd date. Councilman Penny wants to
spare the taxpayers the cost of a special election. He does not feel the Town will
have a construction permit in two moths, and wished the bond resolution for a
referendum on the Town Board's own motion held until the Board's August 29th
meeting so it will be voted on at the General Election in November.--See resolutions
no. 32(a) and 32(b) - regular meeting.
12 :25 P.M. - Recess for lunch.
2 : 10 P.M. - Work Session reconvened and the Board met with Gene Hogan,
Department of Agriculture and Markets, Robert Harrington, North Fork Animal
Welfare League, Barbara Verity, Shelter Manager, and 15 League members to discuss
shelter violations cited by the Dept. of Agriculture & Markets several months ago.
,Mr. Hogan had reviewed a memorandum by Councilwoman Cochran following her
inspection of the Shelter site in July and said that if the corrections noted in the
memo were accomplished the Town would be well on the way toward compliance.
Those corrections would be: repair interior and exterior gates, replace broken or
missing latches, replace new gates whereneeded, install cement curbing along run
drainage area, check cause of ceiling leak in new building, purchase isolation cages.
Further, the vent window in the Dog Control Officer's vehicle needs to be repaired.
2 :30 P.M. - Some of the off agenda items discussed: Set 10:00 A.M., August 15th
for a hearing on the grievance of Paul Grattan, Highway Department, who was
denied permission to use one vacation day .at a time.---Councilwoman Cochran said
there is a dire need for lifeguards, beaches are being closed already.---
Councilwoman Larsen request a resolution (28) asking the NYS-DOT to conduct a
traffic study on Route 25 throughout the hamlet of Southold to determine the need
for a no-passing zone.---Justice Edwards protested the Stop Work Order on Walsh
Park, Fishers Island. It was explained they did not have all the necessary
approvals to proceed.---Councilman Penny asked for a Town Board resolution (no.
31 ) to approve the concept of a joint launching ramp at the Mattituck Park District
property, on Mattituck Creek, subject to certain conditions-
3 :20 P.M. - Edward Siegmann, on behalf of the Mattituck Seniors, East End Senior
Council, and TAX PAC, along with Joe Ristuccia, Chairman of TAX PAC, met with
the Board to ask that they (1) request the State to grant an extension of the 1990
Landfill closing date, and (2) request Governor Cuomo and the local State
representatives to come to Southold Town for a meeting to discuss the Landfill
closing bill and how the State can help the towns. Mr. Ristuccia said Brookhaven
is trying to get an extension and all the Town's should join in. Further, he feels
the Town should enlist professionals to volunteer their services to do research into
solving the garbage problem before committing the Town to the composting proposal.
3 :45 P.M. - Board reviewed resolutions for the regular meeting and audited
outstanding bills.
4:25 P.M. - Work Session adjourned.
464
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, August
1 , 1989, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Murphy opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the
Flag.
Present: Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
, -Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
Assistant Town .Attorney Robert H. Berntsson
SUPERVISOR MURPHY: The first item on the agenda is a resolution .approving
the audit of the bills of August 1, 1989.
Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the following bills be and hereby ordered paid: General Fund, --
Whole Town bills in the amount. of $43,719.51 ; General Fund, Part Town bills in
amount of $91,056.55; Nutrition Fund bills in the amount of $46.26; Community
Development Fund bills in the amount $8,477.56; Highway Fund, Whole Town bills
in the amount of $22,552.83; Highway Fund, Part Town bills in the amount of
$4,467.11 ; Capital Projects Account bills in the amount of $27,200.00; Composting
Facility Capital bills in the amount of $18,571 .47; Fishers Island Ferry District
bills in the amount of $13,524.89; Fishers Island Sewer District bills in the amount
of $770.50; Southold Wastewater District bills in the amount of $17,329.17; Fishers
Island Ferry District Agency & Trust bills in the amount of $232.09.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: The next order of business is a resolution approving
the minutes of the Town Board meeting of July 18, 1989.
Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the minutes of the July 18, 1989, regular Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution setting the next meeting dates. First
one is August 9, 1989, at 1 :00 P.M. , at Fishers Island. This is our annual meeting
over there. The next one is August 15, 1989, 3:00 P.M., Southold Town Hall.
I offer that resolution.
Moved by Supervisor Murphy, seconded by Councilwoman 'Cochran, it was
RESOLVED the the next meeting will be held at Fishers Island, on Wednesday,
August 9, 1989, at 1 :00 P.M. , and the next regular meeting of the Southold Town
Board will be held at 3:00 P.M. , Tuesday, August 15, 1989, at the Southold Town
Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time I'd like to have a special proclamation. We'd
like to ask a former coach, great teacher, a great man irk Southold Town, Bob
Muir to come up, and we would like to have a proclamation and presentation made
to you, Bob. Councilman Penny will read the proclamation' on behalf of the Town
COUNCILMAN PENNY : I just want to say, that before I ,do this, that when I
was 7 or 8 years old, Coach Muir, as he was known to all of us at Mattituck High
School, he was in charge of the swimming lessons, and when he shoved my face
in the water that first time, and told me I had to learn how to breathe under
those conditions., I never figured I'd ever be here giving him a-proclamation.
Moved by Councilman Penny, seconded by the entire Town Board,
WHEREAS, Robert Muir, a most esteemed employee of the Town of Southold has
retired from service to the' Town of Southold; and
t
AUGUST 1, ' 1989 4 6 5-
WHEREAS, Robert Muir, has given generously of his time and talent in his faithful
service to the residents of the Town of Southold as Beach Manager; and
WHEREAS, Robert Muir's record of fine service, diligence to duty and dedication
to the Town of Southold deserves the sincere gratitude of those with whom and
for whom he has served; and
WHEREAS: the Town of Southold will be deprived of his wise counsel and judgment
as Beach Manager; now, therefore, be it ,
RESOLVED: that the Town Board of, the Town of Southold hereby expresses its
most sincere appreciation to. Robert Muir for his unselfish and wholehearted
cooperation and untiring efforts on behalf of the Town, and extends their best
wishes for the years ahead; and be it further
RESOLVED; that a copy of this resolution be presented. to Robert Muir and entered
in the permanent records of this_ Town Board meeting.
Dated: August 1 , 1989.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILWOMAN COCHRAN: On behalf of the Town Board, this is a lovely item
to put on our shelf. It's the seal of Southold Town, which means a great deal
to all of us, that on behalf of the Town Board, with sincere appreciation and love
for the many years of service you've given to Southold Town, we would like you
to accept this with our gratitude.
SUPERVISOR MURPHY: Now, Robert, say something.
ROBERT MUIR: I'd like to have the Town Board thank Mat-A-Mar Marina for
the use of their pool. Without a pool, we would be stuck. We use Brookhaven's
pool. I'd like to have them thank Brookhaven. We are the only ones that they
let in that pool. It is a private pool, Brookhaven, and they've let us use it,
don't know how many years. I'd like to have the Town Board thank them for
that use.
COUNCILWOMAN COCHRAN : We certainly will see that they are thanked for it.
We will. It's important for us to continue our lifeguard program, and they have
been very kind.
ROBERT MUIR: It is important to continue your lifeguard program, and without
that, they just don't come to you prepared. I had three come to me this week,
two boys and one girl, and. let me tell you, the girl will never get the same shake
as the boys do, because girls can't do it. They need something. I know what
they need. They are not in condition to do the work: I used to be a former
life guard examiner, so it's easy for me to spot these people, and run my own
swimming program, which I still do. It was easy for me to spot someone who
would qualify as a life guard. It's a tough job to find these people. They just
don't float in out of the air, but hopefully someone will continue. It's not easy,'
but it can be done. There's no hard feelings with me and myself,and the Town
Board. Thank you very much.
SUPERVISOR MURPHY: Agairi,Bob, thank you from all the people in. Southold Town
for your many years of dedicated work.
I . REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on the agenda are reports.
These reports are all on file in Town Clerk's Office.
1 . (a) Supervisor's Monthly Budget Report for May, 1989.,
(b) Supervisor's Monthly Budget Report for June, 1989:
2. Recreation Department Monthly Report for July, 1989.
3. Southold Town Dog Shelter Monthly Report for July, 1989.
4. Community Development Monthly Report for July, 1989.
5. Building Department Monthly Report for July, 1989.
SUPERVISOR MURPHY: At this time, I'd like to ask the Councilmen if they have
anything special to report, starting on my right with Ruth Oliva.
COUNCILWOMAN OLIVA: On July 18th, I attended interviews for the Board of
Assessment. Review. On July 20th, we had a Code Committee meeting. We dis-
cussed replacement of structural features of a house, in kind and place. We
discussed wineries in "B" zones. We discussed resort residential zone, and we're
holding that over to review that. We discussed storage trailers, accessory structures,
466
AUGUST 1, 1989
and we redrafted the fraternal organization definition, so that the American Legion
could fit in. On July 24th, I along with the Town Board, visited the Dog Pound
to see the conditions there, because we have been cited by New York State, and
we will be rectifying some of those. Also, on July 24th, I attended the Greenport
Utility meeting. On July 25th, we had a meeting with Charles Graves concerning
our CSEA negotiations. On July 27th, we had a Housing Committee meeting.. which
Chairman Jean Cochran will report on, and last night, July 31st, I attended a
meeting between the CSEA and our health insurance, Risk Management, because
they had some questions, and A hope they will be resolved. Thank you, Frank.
SUPERVISOR MURPHY: Thank. you, Ruth. George?
COUNC.I.LMAN >!'NNY: Yes. On the 18t`Z, I cttended the Board of Assessment.
Review. We interviewed people for .that position. On the 18th, also, I attended
a meeting of the Mattituck Park District.. The discussion was about a resolution,
which is on the agenda tonight, for., a joint proposal for a ramp on Mattituck Park
District property in conjunction with the Town of Southold. On the 20th, I attended
the Code Committee meeting. On the 21st, I attended a meeting on Peconic County
in Southhampton Town Hall, and I can bring you just a small update here on the
status of Peconic County. On June 29, 1989, a State Senate approved legislation
which would establish a petition and referandum procedure for the creation for
Peconic County. The vote in the State Senate was 55 to 4. The legislation mandates
the preparation of a complete fiscal and tax statement before any further action
could be taken on Peconic County. After preparation of the fiscal impact statement
a petition may be circulated requesting the referandum. To be valid the petition
must be signed by at least 100 of the number voting in the last gubernatorial
election. Upon certification of a valid petition, a referendum would be held at
the next general election. Population. The 1989 LI LCO population survey has
been released. According to the survey the population of the five east end towns
is 114,569. Article 3, section 5 of the State constitution provides, before a new
county to be created, the territory must have a population sufficient to entitled
it to a member in the Assembly. That Assembly district size requirement is
117,049. Specifically a 10 o deviation from the ideal number is consitutionally
permissible, so if the census, the 1990 census, holds up, we could have enough
people to intiate the procedure. Revenues. The new county would have five
primary revenue sources, real property tax, non-property tax, sales tax, state
aid, federal aid and miscellaneous It is estimated that Peconic County would
generate about $128,000,00. in revenues if it were a county in 1989. This estimatc:
is based upon the following assumptions. A property tax levy equal to that paid
Suffolk from 1989 by the East End. A sale tax estimate based an interpolation
of a 1980 sales state estimate, and see the assumption that the new county would
receive an amount of state, federal and miscellaneous revenue equal to the average
of counties of similar population. So things are starting to fall in place. The
main thing we're interested in right now, is lobbying the Assembly, because the
Assembly has to pass this bill that was passed in the Senate by 55 to 4. So,
part of the jobs in my:committee is legislation, legal and lobbying, and lobbying
will be a very important issue. On the 24th, I attended the Town Board meeting
of the Dog Pound. On the 24th, also, we had a meeting of the CSEA Committee,
were we went through the contract prior to the meeting with the Town negotiator.
On the 27th, I attended a Trustee meeting. This was in line with the same
proposal for a ramp in Mattituck, because the property is held by the Trustees
of the Town of Southold. On the 27th, I attended a meeting of the Southold Town
Fire District Officers' Association at Mattituck Fire Department. The major topic
was the exemption of fire districts from Town fees, and tonight we're voting to
exclude the Orient Fire Department from having to pay building permit fees to
the Town, because they're a taxing district the same as we are. On the 29th,
also, I attended the North Fork Animal Welfare League annual meeting at the
Peconic Center. There was a great discussion by Dr. Bill Zitek on Lyme's.
disease and on heart worm and we also, had some discussion on the facility.
Thank you.
SUPERVISOR MURPHY: Thank you, George. Jean?
COUNCILWOMAN COCHRAN: On July 19th, I met along with our assistant Town
Attorney, Rob Berntsson and Peter Kren in relation to the Chamber booth in
Mattituck. The contract had been signed but there was still some question in
relation to the responsibility of the water in the -Chamber booth, and a filter
system being applied, so they certainly are provided with the best available
water.. I did relay to him that he Town Board, at our last meeting, had voted
to install the system, and he wa� very happy to ;learn that, and he's relayed to the
Town Board, thanks for their cgoperation. Also, on July 19th, in the evening
I attended a meeting in Riverhead of the Five Town East End Recycling Committee.
As you may be aware, the State has provided' a grant for the hiring of a coordinator,
and the young man-has been hired and he comes with very high credentials.
--,,..-serve on the educational committee. The committee is planning to cite this recycling
f
AUGUST 1, 1989 467
mirth in the area of the Westhampton- base. Presently the land that they have
given for this purpose used to be a depot fuel storage area, so of course the
committee is taking every precaution that before it is turned over to us, that
it will be cleaned up by the Federal government, so we do not accept a liability
in that area. On the 24th of July, the Town Board members met with members
from the Animal League, as George has reported. This morning, they did come
in again with a-gentleman from the State, in relation to our violations in the Dog
Pound. The Board has approved that we'll take care of the immediate problems
that are not a great expenditure, but they are things that we must do because
we are in violation. We'll, also, in the future be looking at the feasibility of
adding runs or looking at a facility for the area. It's come to! that, and before
being violated from the State, I think this Town Board has to act in that direction.
On the 26th, I met with Supervisor Murphy, Bessie Swann, Director of CAST,
Dr. Betty-* Price, who m
meber of the CAST board, and myself, to discuss
the future of the CAST' Substance Abuse Committee. Bessie and, I think,: *the
four of us agreed that the CAST organization is not the best vehicle for dealing
with the problems that we have in Southold Town in relation to drugs. It is the
feeling of this group as we chatted about it, and I hope what will come from the
Town Board when this does reach them, that it should be a program sponsored
by Town government to give it a broader base, a wider spectrum. It's the same
as any other health related problem. Some may feel that government should not
be involved in health related problems, but certainly in the area of drugs, this
affects all of us in the community, 'and therefore we all have to be involved, and
do the best we can in trying to solve some of the problems. The Substance Abuse
Committee will be meeting at 5:00 o'clock on August 16th, and we will be discussing
the feasability of approaching the Town for their support. On the 27th, the Town
Board Affordable Housing Committee, or we call it the Housing Committee, but
we deal mostly in the area of affordable housing. We met to formulate the guidelines,
which are necessary for the application of a grant to New York State. We are
able to apply to the State for grants of $25,000. 1 believe that the number we're
entitled to apply for, were applying for $36,000. We see this as a addition to
helping young people cut the cost of their housing, and Mr. Costello, as you know,
and Mr. Bracken, that is working on the project in Greenport, they have expressed
that they are more than agreeable to working with the Town in support of applying
for the grants to the State. It's a $25,000 grant that is not repayable, and we
see it as a vehicle in helping young people to better attain housing. Also, last
night I met with the CSEA. They had sponsored a meeting in relation to our
new medical program. As you know we are now self-insured. Some of their.' concerns
were yearly physicals in relation to college students. They feel that participating
doctor list is not as adequate as t'hey would like to see. Several other concerns
were expressed. We are hopeful that these problems can be eleviated and we
can continue, because we feel that, at this point, it is the best way to go as far
as the Town being self-insured. Also, we had Mr. Muir here this -evening. I
would just like to report that as chairman of the Recreation, Parks and Beaches,
that we are having difficulty in getting young people to become lifeguards. I
think a part of this, as a result, the Red Cross no longer provides swimming
programs. The Town now sponsors this, so that our young people do have the
ability to learn to swim, but we have been unfortunately forced to close some of
our beaches. I know last weekend McCabe's was closed one day, and Kenny's
the other day. We've had several lifeguards quit. The Committee, the Parks
Committee of which Ellen served on, 'we realized, and you could see it coming
down the road each year, that we were going to have more and more problems
in relation to obtaining lifeguards, so we did increase, some of the fees last year,
so that we could increase the salaries of the lifeguards, but it's something we're
going to have to put more emphasis on, because the young people just aren't just
coming into the area of lifeguards. Years ago it used to be a glamorous summer
job, but numer one we don't have the young people in the population at this point,
and number two, this isn't in the way of an explanation, that if you find a beach
closed, we're doing everything possible. We have continued to advertise each
week for young people in lifeguards,' and we certainly hope that you'll understand
this plight, and the Committee, will be working to encourage more young people
next year to come to the Town as 'an employee, and serve as a lifeguard. Thank
you, Frank.
SUPERVISOR MURPHY: Thank you, Jean. . Ellen?
COUNCILWOMAN LARSEN : Thank you, Frank. On the 19th, I attended the
CEQ meeting of the Suffolk County Legislator. This was the Council on Environ-
mental Quality. As you may recall several years ago a drainage project to alleviate
the road water runoff into Mill Creek, which is a primary shellfish habitat, was
proposed by the Town of Southold at a very astronomical cost. Since that time
over the two year period, I have wholeheartedly pursued the funding of this for
the Town of Southold. I've met with the Suffolk County Department of Works,
engineers, the County Legislature, and the CEQ Committee on at least four
occassions to get thi.s funding and project approved. As a result at the most
recent CEQ meeting they approved a leaching basin project for the Town of
468 AUGUST 1, 1989
Southold pursuant to see how that would work, before constructing 3.7 acres of
a recharge basin which would be at a much higher cost. These leaching fields
will eliminate most of the runoff into Mill Creek, and keep fish habitat open, and
now there's hope for the future. Also, on the same subject, the Town of Southold
last fall competed with areas" such as San Francisco for an EPA grant on an
artificial wetland creation. We submitted an application for Hobart Road in Southold,
which is a drainage area for all of Route 25 in Southold andthe immediate roads
facing Founders Landing. This area, if anyone has ever seen it in a heavy rain
storm, is atleast 8 inches deep, and there's a culvert that runs right into Town
Creek.. I've sat there on Saturday afternoon taking photographs to document
the conditions on the site, and to show the slope of the roads. We met with Chri
Smith from Cooperative Extension, and Emerson Hasbrook from Cornell, who sub-
mitted he grant application for us. Because of Southold Town's -history'`we were
the first town on Long Island to document all the areas of road water runoff.
We had a history of the Skunk Lane project. We even beat out areas, such as
San Francisco for the reception :of that grant. The grant,' is in the works right
now. We will be receiving it shortly, and I would personally Like to thank Mr.
Lewis Edson, who will be allowing the Town of Southold access over this property.
It is one of the most severe runoff problems within the Town of Southold, and
I'm very proud to have been a part in receipt of that grant. I, also, attended
the July 18th meeting for the interviews for the Board of Assessment Review,
and on the 31 st the meeting which Jean and Ruth reported on, the CSEA health
insurance. There's, also, a resolution on tonight requesting that the New York
State Department of Transportation do a traffic study to investigate the reason
why there is a no-passing zone in Southold Town proper, right in the Town here.
It was brought to my attention by a citizen that the main drag of Southold is a
passing zone, and it "was brought home to me personally when I was dropping
one of my children off in front of the pharmacy in Southold, and there was no
adequate parking, and a vehicle passed me on the left hand side of the road
during a very heavy traffic period. So we will be asking not only for public
safety that they make this a no-passing zone, but to eliminate the possibility of
any potential future law suit. Thank you.
SUPERVISOR MURPHY: Thank you, Ellen. Raymond?
JUSTICE EDWARDS: Thank you, Frank. On the 23rd, the Fishers Island
Conservancy, had their annual summer meeting, and at that meeting was a present.,
ion by the engineering firm that did the water study at Fishers Island, a part_
cf which was funded by the Town of Southold and the end result is that there
is plenty of water, palatable water,under Fishers Island for reasonable residential
growth. Of course, there is very little commercial property on the Island, but
from all reports the aquafier under the"- Island is in fairly decent shape. On the
26th, the State Police lieLtenant and captain from Suffolk County and Islip came
over to Fishers Island to do a check on the two gentlemen that are over there
this summer, and I can honestly say that the two young troopers that were sent
to the Island are doing an excellent job. The people on the Island are very happy
with their performance, and one other bit of good news is in the Town Hall here,
in this room you can see various paintings around the walls by the local Southold
artists, and I was requested to bring over some of the paintings from one of the
artists on Fishers Island, which I did do . There's a pair of ducks in the back
there by Edward Horning, and I will be replacing them about once every two weeks.
I'll bring other works of the various island artists here in Town Hall. Now the
bad news is on the 19th of-July, the Building -Department sent a representative
over to Fishers Island to shut- down the affordable housing project,that has been
plodding along on Fishers Island,for some minor technical reason. I can honestly
say, that due to the red tape here in Town Hall, that that project has been held
up for almost a year. True, there's been little things that have been needed
in their applications, and so forth, but this is a non-profit. There's no developers
involved in this, and we are at least a year behind schedule because of this, and
with that, thank you, Frank.
SUPERVISOR MURPHY: Thank you, Raymond. I was just like to add the recyclinc
coordinator, the five East End Towns hired, will be at our next meeting in Southol
to talk to us.
II PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to Item 2, public notices, there are six of
them. These are on file in the Town Clerk's Office, and posted on the Bulletin
Board here.
1 . N.Y.S. Department of Environmental Conservation; Notice of Complete
Application of Peter Fakiris to dredge an area surrounding an existing pier and
dispose of spoil in an upland location at Shipyard Lane, Gardiners Bay, Cleves
Point, East Marion. - Comments by August 11, 1989, to Susan Ackerman, 516-
751-7900.
AUGUST 1 , 1989 469
2. N.Y.S. Department of Envionmental Conservation; Notice of Complete
Application of Fishers Island Water Works Corp, to convert an existing test well,
screened to a depth of 741, to a water supply well with a pumpage capacity of
250 GPM, and to construct a treatment building for disinfection; said project located
near the intersection of Barlow Hill Rd. and Center Island Ave. Comments by
August 11, 1989, to Stephen C. Mohr, 516-751-7900.
3. U.S. Army Corps of Engineers, N. Y. District; Application of George
and Barbara Woodhull to reconstruct a bulkhead, place attendant backfill and dredge
in the Peconic River, Great Peconic Bay, at Riverhead, Suffolk County, New York.
Comments by August 9, 1989.
4. N.Y.S. Department of Environmental Conservation; Request for Comments
Bill mandating an increase in tidal wetland permit fees. Comments by August 8,
19u9. --
5. U.S. Army Corps of Engineers, N. Y. District; Application of Ian G.
M. Brownlie to construct three timber groins in Greenport Harbor, Shelter Island
Sound. Written comments by August 23, 1989.
6. U.S. Army Corps of Engineers, N. Y. District; Application of Joseph
Cornacchia to install a hinged ramp and three floating piers at Jockey Creek,
Southold. Comments by August 11, 1989.
III . COMMUNICATIONS.
SUPERVISOR MURPHY: Item 3, is communications. There is one from a man
thanking the Police Department for a job very well done.
1 . Irving L. Price, .Jr. , expressing appreciation to Chief Winters, for
Police Officer J. Gordon's kindness shown to Mr. Price's wife after an accident.
IV. PUBLIC HEARINGS.
SUPERVISOR MURPHY: There are three public hearings scheduled tonight at
8:00 o'clock.
1 . 8:00 P.M. , "A Local Law in Relation to Zoning" (deletion of Section
100-239.d.C)
2. 8:02 P.M. , "A Local Law in Relation to Zoning" (correction of errors
in Density and Lot Size Schedules) .
3. 8:05 P.M., "A Local Law in Relation to Zoning" (add wineries to all
districts except Marine, R-40 and AHD)
V. RESOLUTIONS.
SUPERVISOR MURPHY: We'll move on to resolutions, and at this time I'd like
to remind the people in the audience the policy of the Town Board. If anyone
would like to address the Town Board, limit it to five minutes, and we only on
resolutions at this, that are being offered. After the resolutions and the final
comments by the Town Board members, there will be a period of time for comments
on anything else of any concern of anybody in the Town at that time, except for
what's on the resolutions. So would anyone like to address the Town Board on
a proposed resolution, you may do so now. Over here on the left? Ed?
EDWARD SIEGMANN: Ed Siegmann, Mattituck. On resolution 32, I'm glad to see
that the Town Board is recommending a referendum on the bond resolution, but
I'm disappointed in one thing. I see October the 3rd is the date. My feeling
would be that number 1 , if you held it a month later, at the time of the regular
election, you'd save whatever the cost would be for running a special election.
Plus the fact that special elections never bring out the amount of people that are
brought out in a regular election, and think a shining example is the example
of only 900 people voting in .the recent Greenport School situation. After all of
the things that went out on it, and all of the public hearing what was going on,
still for only 900 people to come out was very small. I think the same thing would
happen if you had this October the 3rd instead of in November. One other shining
example I would think if you held it in November, I would hope that this discussion
on this garbage business would be taken out of the realm of politics, and done
along the lines of what's good for the people, because the cost is going to be
tremendous.
SUPERVISOR MURPHY: Anyone else like to address the Town Board, on any
proposed resolution? (No response. ) Over on the left, and middle? (No response.)
It is now 8:00 o'clock, so I would like a resolution to recess in time to hold the
three public hearings.
Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that a recess be called at this time, 8:00 P.M. , for the purpose of
holding a public hearing.
. `t 7 O AUGUST 1 , 1989
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened at 8:20 P.M.
SUPERVISOR MURPHY: Resolution Number 1 is the appoint of John Sullivan
as a member of the Board of Assessment Review effective August 2, 1989 through
September 30, 1991 . 1 offer that resolution.
1 .-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Rnard nf the Town of, Southold hereby appoints John
P. Sullivan a member of the Board of Assessment Review, effective August 2,
1989 through September 30, 1991 .
1 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 is to accept a bid.
2.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of George Malvese 8 Co. , Inc. , Hicksville, New York, for the repair of the
Komatsu Model W120-3, S/N 50212, SMR 9303 Payloader, at a total cost of $28,000.00,
all in accordance with the bid specifications.
?.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is authorize employment of a seasonal clerk for
the Fishers Island Ferry District.
3.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to employ Frank T.
Gillan, Fishers Island, as a seasonal clerk for the Fishers Island Community
Theatre, effective immediately, at a salary of $80.00 per week.
3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to authorize the Fishers Island Ferry District
to employ part-time deckhands.
.-- .loved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to employ the following
Evart-time deckhands, effective immediately: Colin H. Martin, $6.25 per hour,
Richard V. Neijadlo, $5.25 per hour, Justin E. Hauser, $5.25 per hour, Robert
J. Stevens, $5.25. per hour.
It.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is a determination of non-significance on a
proposed code change.
5.-;Moved by Councilwoman Cochran, 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, Section 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 to Chapter 100 (Zoning) of the Code of
the Town of Southold by adding Fraternal Organizations. 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.
5. -Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards., Supervisor Murphy.
This resolution was declared duly ADOPTED.
AUGUST 1, 1989 471
SUPERVISOR MURPHY: Number 6 is to transmit that proposed Local Law in
Relation to Zoning concerning fraternal organizations to the Southold Town Planning
Board and Suffolk County Department of Planning. I offer that resolution.
6.-Moved by Supervisor Murphy, 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" (Fraternal
Organizations) , 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 _wt:
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) is hereby amended as follows:
1 . Section 100-13 is hereby amended by adding thereto the
following:
FRATERNAL ORGANIZATION - A non-profit association of persons
bound by a common interest or goal, be it civic, patriotic,
charitable, educational or historical.
2. Section 100-71A is hereby amended by adding thereto a new
subsection (3) to read as follows:
3, Buildings, structures and uses owned or operated by fraternal
organizations and utilized for activities typically conducted by
a fraternal organization including, but not limited to public
meetings places, charitable and fund-raising events, patriotic
observances and catering for public and private functions.
If . This Local Law shall take effect upon its filing with the Secretary
of State.
6.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 we're going to hold. (A resolution in support
of Suffolk County' Legislature Introductory Resolution No. 1620-89, a law creating
the Suffolk County Marine Activities Coordinating Committee.) Number 8 is a
Budget Modification.
o.-;Moved by Councilman Penny, 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 1989 Budget to
provide for interim 1989 Receiver of Taxes audit and budget shortfall in Insurance
line item:
To: A1320.4 Independent Auditing, Contractual Expenses $ 1,000.00
A1910.4 Insurance, Contractual Expenses $ 6,000.00
From: A1330.4 Tax Collection, Contractual Expenses $ 1,000.00
A1990.4 Contingencies $ 6,000.00
2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, . Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to appoint Pat Mott and Cheryl Schriefer
as part-time Matrons to the Southold Town Polic Department, effective immediately,
at a salary of $6.00 an hour. I offer that.
9.-;Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Patricia
Mott and Cheryl Schriefer as part-time Matrons for the Southold Town Police
Department, effective immediately, at a salary of $6.00 per hour.
9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,,,,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to authorize the Town Clerk to advertise
for CPR and Stillwater Certified Lifeguards for the remainder of the season, at
a salary of $7.00 an hour. I offer that-
10.-'~loved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for CPR and Stillwater Certified Lifeguards
for the remainder of the summer season, at a salary of $7.00 per hour.
10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, -Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
4 7 2 AUGUST 1 , 1989
SUPERVISOR MURPHY: Number 11 is a renewal of a single family trailer permit.
II .-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the application of Frank J. McBride for renewal of his single
family house trailer permit for trailer used for living quarters for farm workers,
located on the north side of Oregon Road, Cutchogue, New York, which permit
expires on August 9, 1989, be and .hereby is rg anted for a six (6) month period.
11 .-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is to authorize the closing .of a Town road.
12.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold .hereby authorizes the
closing of Sound Road, Mattituck, between Love Lane/Route 25 and Westphalia
Avenue for the following events by the Mattituck Presbyterian Church: August
5, 1989, from 10:00 A.M. to 2:00 P.M. for The Country Fair, and from 7:00 P.M.
to 10:00 P.M. on August 18, 1989 .for the Voices in Praise, provided the Mattituck
Presbyterian Church secures and files with the Town Clerk a Certificate of
Insurance for at least one (1) million dollars covering the Town of Southold as
a named .insured.
12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.-
This resolution was declared duly ADOPTED.
COUNCILWOMAN LARSEN: I would just like to comment. I've attended the Voices
in Praise in the past. It's a lovely beautiful uplifting experience. They do a
wonderful job, the singers. You walk away feeling like a million dollars.
SUPERVISOR MURPHY: Number 13 is to appoint EISEP aides.
13.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following Expanded In-Home Services for the Elderly (EISEP) Aides:
Priscilla Bell, 20 hours per week, $5.50 per hour, effective July 17, 1989
Kelly Clift, 20 hours per week, $5.50 per hour, effective July 20, 1989.
Sandra Stevens, 20 hours per week, $5.50 per hour, effective August 2,1989�
Holly Smith, 20 hours per week, $5.50 per hour, effective August 2, 1989
Joan Dorobkowski, 20 hours per week, $5.50 per hour, effective August 2,1989
13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution. was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to authorize an increase in the per hour
rate of pay for Brief Respite Aides from $4.00 to $4.50 an hour. I offer that.
14.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
increase in the per hour rate of pay for Brief Respite Aides from $4.00 per hour
to $4.50 per hour, effective July 29, 1989.
14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED. ;
SUPERVISOR MURPHY: Number 15 is to appoint a Brief Respite Aide.
15.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Joan
Dorobkowski as a Brief Respite Aide, 20 hours per week, $4.50 per hour,
effective August 2, 1989.
15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to authorize emergency repairs for the
Fishers Island Ferry District. ?
16.-Moved by Justice Edwards, seconded by Councilwoman Cochran,
WHEREAS, a recent inspection of the southerly ramp system at Silver Eel Pond,
Fisher Island has revealed that the three pile -dolphin protecting the westerly
counterweight tower has failed and fallen against the ramp, and the ramp has
now shifted to the eastward causing the lifting wire to chafe against the side of
the ramp, and an inspection of the three pile dolphin protecting the easterly
counbrweight tower reveals that an advanced state of deterioration exists; and
AUGUST 1, 1989 473
WHEREAS, it is necessary to have this ramp system operational for times when
two vessels are simultaneously moored at Fishers Island and as a primary mooring
during periods of inclement weather when wind conditions obviate usage of the
northerly ramp system; and
WHEREAS, Whaling City Dredge and Dock Corporation of Groton, Ct. is presently
working at Silver Eel Pond replacing dolphins at the entrance to the pond and
is available to make emergency repairs at the southerly ramp system on a timely
basis at a cost of $16,256.00; now, therefore; be it
RESOLVED that the Town Board of the Town of Southold hereby concurs with
the Board of Commissioners of the Fishers Island Ferry District that emergency
repairs are required, and grants the Board of Commissioners permission to enter
into an agreement with Whaling City Dredge and Dock Corp. to make the necessary
repairs per irs price of $'1 b,256.00
16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is to authorize the execution of an agreement
for the Fishers Island Ferry District.
17.-Moved by Justice Edwards, seconded by Councilman Penny,
WHEREAS, by resolution of October 20, 1987, the Town Board of the Town of
Southold authorized the election of the firm of Calocerinos 8 Spina Engineers,
P.C. (CSS) of Syracuse, New York, to serve the Fishers Island Ferry District
as its Airport Consultant (Elizabeth Field) for a term of five (5) years; and
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District now
wishes to enter into a Lump Sum Agreement with C8S Engineers, P.C. for design
of the project entitled "Fishers Island Airport Obstruction Lighting and Removal"
at a cost of $36,800.00; and
WHEREAS, said agreement is to be made between the Town of Southold on behalf
of the Fishers Island Ferry District and Calocerinos 8 Spina Engineers, P.C.;
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby approves of the
agreement between the Town of Southold on behalf of the Fishers Island Ferry
District and Calocerinos 8 Spina Engineers, P.C., and authorizes and directs
Supervisor Francis J. Murphy to execute said agreement on behalf of the Town;
and be it further
RESOLVED that all costs associated with said agreement shall be chargeble against
Fishers island Ferry District funds.
17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: This has been Fishers Island night. A lot of activity.
Number 18 is to waive the requirements of soil removal permit.
18.-Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby grants Steven
Dubner/Northeast Nurseries a waiver of the requirements of Chapter 81 , Soil
Removal to: Exchange approximately 600 cubic yards of top soil and sand from
their farm located on the north side of CR 48, between Cox Lane and Bridge Lane,
(1000-084-01-008) Cutchogue, (top soil) and their farm located on the south side
of CR 48, (1000-84-4-6.1), Cutchogue (sand) . Equal amounts of sandy material
from the northerly farm would be replaced with the topsoil cut from the roads
on the southerly farm, and the top soil 'will be used for planting.
IS.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy..
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY:. Number 19 is to execute an amending agreement on our
Local Waterfront Revitalization Program Agreement.
19. - .loved by Councilwoman Oliva, seconded by .Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a Third Amendatory Agreement
to the Waterfront Revitalization Agreement (Comptroller's Contract No. D002954)
between the New York State Department,of State and the Town of Southold, to
delete Task 10 - "Preparing the Draft LWRP Document" of Exhibit A - Work
Program; that the Federal/State share of the Total Project Cost will be reduced
to $28,680.00, and the Total Project Cost reduced to $57,360.00
19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman. Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
474 AUGUST 1, 1989
SUPERVISOR MURPHY: Number 20 is to authorize the removal of an unnavigable
boat in the Mattituck Creek.
20.-Moved by Councilwoman Larsen, seconded by Justice Edwards,
WHEREAS, Section 32-33 of Chapter 32 (Boats, Docks and Wharves) of the Code
of the Town of Southold authorizes the removal of any boat which becomes a menace
to navigation or unseaworthy, or sinks, grounds or otherwise becomes disabled
or incapable of navigation; and
WHEREAS, the Bay Constable has determined that such an unnavigable boat is
tied to the dock of property of Sidney Olmsted of 1300 Westphalia Road, Mattituck
New York, who is not the owner of said boat; and
WHEREAS, the Bay Constable has given notice to the owner, .David Gormely, and
advised. him to repair or remove the boat with one week; and
WHEREAS, said boat has not been repaired or removed;
NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 32-33 of the Town
Code, the Town Board directs that said boat be removed and disposed of in the
Cutchogue Landfill, if same is not removed with one week after written notice
of this resolution is served upon the owner.
20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman. Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is to waive the building permit fees for the
construction of a new fire headquarters at the Orient Fire Department, Route 25
and Tabor Road in Orient. I offer that.
21 .-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town 'of Southold hereby waives the building
permit fees for the construction of a new fire headquarters for the Orient Fire
Department at the corner of Route 25 and Tabor Road, Orient, New York. 1 offer
that.
COUNCILWOMAN COCHRAN: I would just like to add, George reported on this
earlier that this was happening tonight, but the Town Board has reached an agree-
ment that all taxing districts fees will be waived in relation to permits, so this
has to be changed or added to the Code, which ever way it has to go, Rob, that
we are not taking a select incident only. It will apply to all taxing districts.
School districts are immune already.
COUNCILWOMAN LARSEN: -Park districts, and fire districts.
COUNCILWOMAN COCHRAN: We've gone in this direction because the taxes, rather
its district or Town taxes are still coming from the taxpayers, so we feel that
it's a correct thing that we can do.
SUPERVISOR MURPHY: Don't take out of two pockets.
.21 .-Vote of the Town Board: Ayes: Councilwoman• Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: -Number 22 is to authorize the Town Clerk to advertise
for bids.
22.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town .Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of a new 15 passenger
van for the Nutrition Program.
22.-Vote of the Town Board: Ayes: Councilwoman "Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is a finding statement on the FEIS for the
Solid Waste/Sludge Composting Facility. I offer that resolution.
23.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that pursuant to Article 8 of the State Environmental Quality Review
Act (SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617, the
Town Board of the Town of Southold, as lead agency, makes the following findings
with respect to the Final Environmental Impact Statement for the construction of
a 120 TPD municipal solid waste and sludge composting facility at the existing
Town Landfill at route 48, Cutchogue, New York: The material provided in the
Draft Environmental Impact Statement and Final Environmental Impact Statement
with respect to significant issues identified during the _formal scoping process
include groundwater contamination, visual impacts, contingency planning, noise
and odor. It is evident that mitigative technologies proposed and incorporated
AUGUST 1 , 1989 4 7 5
into this action minimize or avoid adverse environmental impacts, and be it further
RESOLVED that having considered the Draft Environmental Impact Statement and
the Final Environmental Impact Statement, and having considered the preceding
written facts and conclusions relied upon to meet the requirements of 6 NYCRR
617.9, the Southold Town Board further finds that:
1 . The requirements of 6 NYCRR Part 617 have been met;
2. Consistent with the social, economic and other essential considerations
from among the reasonable alternatives thereto, the action approved is one which
minimizes or avoids adverse environmental effects to the maximum extent practicable;
including the effects disclosed in the environmental impact statement, and
3. Consistent with social, economic and other essential considerations,
to the maximum extent practicable, adverse environmental effects revealed in the
ems;ronmental impact statement process will be mi.nimozeci cr avoided by incerporating
as conditions to the decision those mitigative measures which were identified as
practicable.
23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilwoman Cochran, Justice Edwards, Supervisor Murphy.No: Councilman Penny.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to authorize compensation at the rate of $15.00
an hour to CAC members working on special projects. Said charge to be made
to their budget. I offer that.
24.-Aloved by Supervisor Murphy, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes compen-
sation at the rate of $15.00 per hour to Conservation Advisory Council members
working on special projects; said charge' to be made to the Conservation Advisory
Council's budget.
24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is to appoint Brian Bambrick as a lifeguard
for this season at a salary of $8.00 per hour.
25.-gloved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Brian
Bambrick as a Lifeguard for the remainder of the 1989 summer season, effective
immediately, at a salary of $8.00 per hour (5th year) .
25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is to authorize an advance fee payment for
a bus trip to the Bronx Zoo.
26, -:1loved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee payment in the amount of $244.60 for the Wednesday, August 16,
1989 family bus trip to the Bronx Zoo (27 adults @ $5.80 per ticket and 20 children
$4.40 per ticket) ; check made payable to "The. New York Zoological Society";
said charge to be made to A7320.4, Joint Youth, : Contractual Expenses.
26.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 27, resolved that pursuant to Article II; ',Section
12 of the agreement between the Town of Southold and the CSEA bargaining' unit,
Arnold Wilson shall receive full :salary for a total of six month during his period
of incapacity, which incapacity began on March 24, 1989, thereafter he shall receive
orkers Compensation benefits for his lost earnings if he is deemed eligible.
offer that resolution.
27.-,tiloved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that pursuant to Article II, Section 12 of the agreement between the
Town of Southold and the CSEA bargaining unit, Arnold Wilson shall receive full
salary for a total of six months during his period of incapacity, which incapacity
began on March 24, 1989, thereafter he shall receive Workers Compensation benefits
for his lost earnings if he is deemed eligible.
27.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
476 AUGUST 1, 1989
SUPERVISOR MURPHY: Number 28 is to request a traffic survey.
28.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby requests the
New York State Department of Transportation to conduct a traffic study on Route
25, Southold, from Willow Hill to Biexedon, to determine the need for a no-passing
zone thoughout that length of highway.
28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 29 is to agthorize_ the attendance at a fall con-
ference.
29.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes all
Town Board members and Community Development Administrator James McMahon
to attend Connecticut Marine Trades Association, Inc. fall conference, "Marinas
and Shellfish. .Compatible Bedfellows?", on October 4 and 5, 1989 at Windsor Locks,
Connecticut, and the registration fee and necessary expenses for travel, meals
and lodging shall be a legal charge against the 1989 Budget.
29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is the authorization of a street light on a pole
on the corner of Lake Court, Great Pond, Southold. I offer that.
30.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
installation of a street light on the pole near the end of Lake Court, at Great
Pond, Southold.
COUNCILWOMAN LA-RSEN: I'm not. usually in favor of street light expenditures.
This request was to eliminate teenagers from congregating. I don't know that
light always eliminates teenagers from congregating, so I'm going to vote, no.
30.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council-
woman Cochran, Justice Edwards, Supervisor Murphy. No: Councilwoman Larsen.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is to appove a concept for a joint launching
ramp.
31 .-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby. approves the
concept of a joint launching ramp at the Mattituck Park District Property on
Mattituck Creek, conditioned by the following'
1 . The Town will resurface the existing ramp.
2. The Town will extend the ramp to twice .the existing size.
3. The Town will maintain the ramp.
4. The parking area on the Town Trustees" property will be for all Town
resident's use.
5. The lock key control will be through the Mattituck Park District.
COUNCILWOMAN LARSEN: 1'd just like to add that the Town of Southold, the
Town Board and the Town Trustees have been pursuing access for. Town residents
to Mattituck Inlet for over three years, at least to my own immediate experience,
four years perhaps, and that I hope this is the beginning of the solution to provide
access.. .we've looked at many solutions, the Park District seemed receptive to this,
however it will have to go to a vote to the Park District residents. Thank you.
COUNCILWOMAN COCHRAN : I'm going to abstain on this because I feel that
although I support access to the Sound for both pleasure fisherman and commercial
fisherman, I feel that it is not the best location. I did support it several years
ago. I felt very strongly the Town should have a ramp in that area and once
it was presented to the public, they felt that environmentally the federal mooring
added traffic to the creek. Your pleasure fishermen at that time were against
it, mainly because they felt it took a half hour to travel to the mouth to get to
the Sound. As I said to George today in the work session, if it's to be, it is
to be, but I feel that it is a wrong location. I don't feel that this marriage
between the Park District and the Town Board will work out to 100% satisfaction
of the taxpayers, and therefore I'm abstaining on the resolution.
AUGUST 1, 1989 477
SUPERVISOR MURPHY: I'm going to abstain, also, for the reason. I don't think
an expanded ramp belongs there. I improved the ramp there. I was one who
helped put it in.
31 ,-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards. Abstain: Councilwoman Cochran, Supervisor
Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is a bond resolution for $9,000,000.00 for
a solid waste composting facility requiring a referandum on the Town Board's. own
, ,motion, on ctober.3, 1989, , !- offer that. resolution.
32 -Moved by Supervisor Murphy, .seconded by Councilwoman Oliva
(a) BOND AND CAPITAL NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, AUTHORIZING THE DESIGN AND CONSTRUCTION OF A FACILITY TO
RECYLE THE TOWN'S WASTE THROUGH COMPOSTING IN ORDER TO COMPLY
WITH NEW YORK STATE'S LONG ISLAND LANDFILL LAW WHICH GENERALLY
PROHIBITS THE USE OF THE TOWN'S LANDFILL AFTER 1990 UNLESS THE TOWN
HAS A COMPOSTING, INCINERATION OR OTHER RESOURCE RECOVERY PROGRAM
FOR SOLID WASTE DISPOSAL, STATING'THE ESTIMATED MAXIMUM COST THEREOF
SHALL NOT EXCEED $9,000,000, APPROPRIATING SAID AMOUNT THEREFOR,
AUTHORIZING THE ISSUANCE OF'$450,000 CAPITAL NOTES TO PROVIDE THE
REQUIRED DOWN PAYMENT, AND AUTHORIZING THE ISSUANCE OF $8,550,000
SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID
APPROPRIATION.
Recital
WHEREAS, the Town Board of the Town has, as lead agency with respect -
to the Town's composting facility under the State Environmental Quality Review
Act ("SEQRA") on August 1, 1989 adopted a SEQRA Findings Statement and
.accepted the Final Environmental Impact Statement prepared in connection therewith;
Now, therefore,
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less
than two-thirds of all the members of said Town Board) AS FOLLOWS:
Section 1 . The Town of Southold, in the County of Suffolk, New York
(herein called "Town") , is hereby authorized to design and construct a Town
compost facility on the parcel of real property owned by the Town at the site
of the existing landfill, including buildings, orginal furnishings, equipment,
machinery, apparatus, .preliminary costs of surveys, maps, plans, estimates and
hearings, legal fees, consulting fees, other ancillary developmental-costs, and
costs incidental to such design and construction. The estimated maximum cost
of said specific object or purpose, including preliminary costs and costs incidental
thereto and the financing thereof, shall not exceed $9,000,000 and said amount
is hereby appropriated therefor. The plan of financing includes the issuance
of $450,000 capital notes to provide the down payment required by the Law, as
hereinafter defined, and the issuance of $8,550,000 serial bonds of the Town to
finance the balance of said appropriation, and the levy and collection of taxes
on all the taxable real property in the Town to pay the principal of said bonds
and the interest thereon as the same shall be come due and payable.
Section 2. Capital notes of the Town in the principal amount of $450,000 to
pay the required down payment, and serial bonds of the Town in the prinicpal
amount of $8,550,000, are hereby authorized to be issued pursuant to the provisions
of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of
the State of New York (herein, called "Law") to finance the balance of said appropria-
tion not provided by siad capital notes.
Section 3. The following additional matters are hereby determine and declared:
(a) The period of probable usefulness of said specific object or purpose
for which said $8,550,000 serial bonds authorized pursuant to this resolution are
to be issued, within the limitations of Section11 .00 a.6 of the Law, is twenty-five .
(25) years.
(b) Current funds are required by the Law to be provided prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation thereof and such current funds will be so provided by the
issuance of the capital notes herein authorized. The Supervisor is hereby authorized
and directed to set aside the proceeds of sale of said capital notes and to apply
same solely to said specific object or purpose herein described.
(c) The proposed maturity of the bonds authorized by this resolution will
exceed five (5) years.
Section 4. Each of the capital notes, and each of the serial bonds authorized
by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds shall contain the recital of validity as prescribed by Section
52.00 of the Law and said capital notes and bonds and any notes issured in
anticipation of said bonds, shall be general obligations of the Town, payable as
to both principal and interest by general tax upon all the taxable real property
4 AUGUST 1 , 1989
within the Town without limitation of rate or amount. The faith and credit of
the Town are hereby irrevocably pledged to the .punctual payment of the principal
of and interest on said capital notes and bonds and any notes issued in antici-
pation of the sale of said bonds and provision shall be made annually in the budget
of the Town by appropriation for (a) the amortization and redemption of the capital
notes and bonds and any notes in anticipation thereof to mature in such year and
(b) the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and
pursuant to the provisions of Section. 30.00 relative to the authorization of the
issuance of bond anticipation notes and of Section 50.00 and Section 56.00 to 60.00
of the Law, the powers and duties of the Town Board relative to authorizing bond
anticipation notes and prescribing the terms, form and contents and as to the
sale and issuance of the capital notes and bonds herein authorized and of any
bond anticipation notes issued in anticipation of said bonds, and the renewals
of said capital notes and bond anticipation notes, are hereby delegated to the
Supervisor; the chilef fisdaa officer`of the :owh. ' . -
Section 6. The validity of the capital :notes and bonds authorized by this
resolution and of any notes issued in anticipation of the sale of said bonds, may
be contested only if:
(al such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within- -
twenty days after the date of such publication, or
(c) Such obligations are authorized in violation of the
provisions of the constitution.
Section 7. A proposition for the approval or disapproval of this resolution
shall be submitted to the qualified voters of the Town Election to be held on
October 3, 1989, and this resolution shall take effect upon approval of the Proposi-
tion by said voters at that referendum vote.
: .!-:_-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that Resolution No. 32(a) be and hereby is tabled.
COUNCILWOMAN COCHRAN : Frank, I would like to move to table this resolution
to our August 29th Board meeting. My reason for moving to table is that .I feel
very strongly that resolution,or the referendum, is very important to the Town
of Southold: I've worked in the past, and I shall continue to work along with
Mr. Murphy in trying to get this referendum passed. I feel very strongly that
if it goes to a vote in October, on the 3rd of October, and it becomes a special
election, it's the same as any controversial special election. Those that are in
the negative, their adrenaline is flowing, and they come out to vote. Those that
support, sometime tend to stay home and not come out and vote.. I think that
this referendum has better chance of passing and support, if it is placed on the
November ballot, and motion by the Town Board. You have a broader cross section
of your voters having the opportunity to make this decision. Secondary is the
money involved. Yes, it will cost the Town something for a special election, but
that's not my main concern. My main concern is that the referendum is accepted
and passed by the taxpayer. Many of us on the Town Board have worked for
over four years in reaching the point of composting, and the financial picture
that goes along with composting; and I pledgedto Mr. Murphy during the day this
morning during the work session. I feel so strongly, I feel it right down to the
tip of my toes. I feel so strongy that this is the best solution, and the best
direction for the Town of Southold to go in solving their garbage problems, that
I will work by his side from nine to five, and I've changed my mind. I'll work
from nine until midnight, to help have the voters understand exactly how important
it is to pass this referendum. No matter what option the Town of Southold uses
in solving it's garbage problem, it is going to require millions of dollars. You
are going to have spend that. That's the reality,: because it is mandated by the
State. I think this Town Board has worked very hard in reaching the conclusion.
Again, I repeat myself, that the best technology, the best environmentally, and
the best financially is the composting and the bond issue we are presenting to
you. We have asked in this bond issue for $9,000,000.00. 1 believe the figure
coming in for the composting is 7Z. That doesn'Cinean that we're going to spend
the additional million and a half. It means that it gives us a leaway, if there
is the possibility. If it is not spent, then it goes back into the pot to pay off
tile- bond. Therefore my reason for a motion to table, a time clock starts when
_ you pass this resolution, be it passing a resolution for bonding. If you pass
the resolution for bonding, then the time clock starts that gives the people the
opportunity in the community to present a referendum to the Town Board for. . .
present a petition for a referendum. In a press conference yesterday I supported
a referendum on the Town Board's own motion. If either of these two following
resolutions are passed tonight, the time clock starts and the referendum would
have to be held on the October 3rd date. I support the referendum very strongly
AUGUST 1, 1989 4 7
with Mr. Murphy. He knows my feelings. Where we have this disagreement is
on the date. I feel it is a better opportunity for us to inform the public, and
hopefully they will support and place their confidence in the Board to pass this
referendum, but I believe that our best opportunity is at the general election
in November. Therefore, I have moved to table this resolution until our Board
meeting of the 29th, so that the time frame of the clock starting fits to the Novem-
ber election. Thank you, Frank.
COUNCILWOMAN LARSEN: There's a prior motion before the motion to table.
COUNCILWOMAN COCHRAN: There's a motion to table.
SUPERVISOR MURPHY: .Are there any. other questions on. the motion to table?
My only comment is that it is going to cost us much more money, and that's why
I'm pushing for the October 3rd to start it as soon as we can. Let's. have a vote.
COUNCILWOMAN COCHRAN : Let me clarify that. I believe that the information
that we had during the day today is that it would cost approximately $6,000.00
for that month's wait, four weeks, but the special election, itself, might cost us
up to $14,000.00.
SUPERVISOR MURPHY: But that one month will probably mean about five months
in starting construction, because of winter conditions.
COUNCILWOMAN LARSEN: Just to reiterate what Jean and Frank were both saying
on the severity of this issue. In today's Newsday alone, there were two articles
related to landfill closures. The Town of Riverhead has already been fined $468,000.
on their existing landfill. The Town of Southampton has been fined in the hundreds
of thousands of dollars on their North Sea landfill. The Town of Southold is in
the position today, because of the results and hard work of this Town Board to
keep their landfill- open after the 1990 mandate. Way back in the beginning , I
spent some time reviewing all the Town ledgers from 1984, actually it started in
1981 when the first committee was formed. I believe Ruth Oliva was a big part
of, that study, the solid waste issue in the Town of Southold. In 1984, I read
that Joe Townsend had attended a recycling conference in Groton, Connecticut.
He's findings were that recycling, when it became mandatory was much more
extensive than when it was voluntary. At that time,he suggested that the Town
of Southold look into a recycling effort on a regional basis. Today as a result
of the effort of this Town Board, and other east end Town Boards, there is a
regional approach to recycling. Jean discussed the grant tonight, and the facility
will be cited. In today's' paper, and you will read about this more and more,
the Town of Huntington, yesterday, got a continued delay on order by the State
Department of Environmental Conservation to shut down the East Northport landfill
pending the outcome of efforts to find an alternative for disposal of their garbage.
The DEC, Judge Underwood, on July 24th sought an injunction against an order
by the DEC to close the landfill that day or face more than $200,000.00 in fines.
The DEC countered with the motion to require the Town to seek bids for long
hauling and to set up a tranfer station for shifting the garbage from pickup trucks
to long haul trucks before shipping the garbage off of Long Island. The Town
and the DEC reached an agreement yesterday for further exploration of the possible
transfer sites. or to speedup in the plan to get Huntington's garbage into Smith
town's landfill. Huntington and the DEC are to return to court next Tuesday -
to report on the status of the plans. - The cost to truck garbage, I believe right
now is $120.00 per ton. The Town of Southold generates 60 tons of garbage a
day. The cost for transfer stations is 3.5 million dollars approximately. Article
number 2, the Babylon Town Board yesterday awarded a 5.5 million contract with
the construction of the first phase of a permanent ashfill. Ash from the Town
incinerator, which opened in April will be buried at the ashfill at the site of an
old animal shelter. The Board voted unanamously at a special meeting to award
the contract to the Henderson Brothers. The work will take six months to com-
plete. The first phaseof this, which is going to cost 5.5 million dollars (tape
changed) The one cell will hold about 150 tons of ash daily for two years. The
Town expects the cells of ashfill to be filled in about twelve years. We are looking
at a 20 year solution with our composting project is because, again, that when the
chipper went in, and the tub grinder went in, and all these pieces of equipment
that have gone into the landfill over the past four or five years to reduce the
. volume, that the Southold Town is not in court. We're not facing these astronomical
charges, and I think if the referendum, which we definately need your support
on, is voted down, we're going to be in a lot of trouble. But, also, I'd like to
point out that this was all done in a special meeting, this 5.5. They didn't even
do it at a regular Town Board meeting. They had a special meeting. There was
no voter referendum, no vote to the public on it. I agree with Mr. Murphy that
we have to move on this today or we may be in serious trouble.
480 AUGUST 1, 1989
SUPERVISOR MURPHY: Any other comments?
JUSTICE EDWARDS: I agree, we do have to move on it, but when we're .talking
$5,000,000.00 for cells to bury the residue from pan incinerator, we're .going to
have to address that same figure on the residue that's left over from the composter,
which has not been put into the $7,000,000.00 or $9,000,000.00 package. The
lined landfill has not been addressed. Thank you.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: It's unfortunate that some people extrapolate the worse
case scenarics from all the situations, and used them. It's unfortunate the extra-
polation of the worse case scenarios from other tc �nrns are being..used in this-town,'
If the same time .was being spent in researching the alternatives and the true
course of where this town is going, I think we'd be getting somewhere, and I'll
get more into that later. I put this up for a referendum and the only reason
I put it up today is that I was made aware that the Town Board was going to
put up a referendum by petition, and I offered this referendum by the Town Board,
and I did this last week. I will not support this referendum by the Town Board
going through today. The only reason I put it on the agenda is so that there
would be something to coincide with the agenda that was being prepared by the
Town Board, which did not have the referendum by the Town Board. It was
by petition only, but I felt that the Town Board should sponsor the referendum.
1 feel that the voters should have a chance to look at this, and I feel that the -
voters should, also, for the first time, hear both sides of the issue, and I worked
very hard to sponsor not only anunbaised set of meetings with people from both
sides, so that people can ask questions. It's very unfortunate but the last meeting
that we had at Peconic Youth Center was touted on the radio by the Supervisor
as being held by the Town Board, and the Town Board members will be there
to answer your questions. Well, I for one was not even invited to the meeting.
I was notified that there was meeting here at the Town Board, by the Town Board,
by the Supervisor, and never asking to attend, and never asked to participate.
So for those of you who went there, the Town Board sat in the last row. This
was brought up by several members of the community because the Town Board
was spread around the room, and it was not a Town Board sponsored meeting,
and I think that we need more of these. We need to hear both sides of the issue,
and I think that the referendum has to be on election day. If it's not election
day, it disenfranchise many voters in Southold Town. You have it at special time
means that the absentee ballots will not be submitted for this, which means people
in the armed services, people away on vacations, people in Florida, people that
happen to be out of town on that day will be disenfranchise from voting on which
is probably the biggest financial decision that they've had to make in their lives.
I know it is for mine, for me. I will support the idea of tabling this until the
29th, and then when it comes up again on the 29th, I will vote in favor of the
referendum. Thank you.
SUPERVISOR MURPHY: Any other comments? Ruth?
COUNCILWOMAN OLIVA: I've been involved in this garbage business since 1981 ,
when we first had our Citizen's Advisory Solid Waste Management Committee. At
that time incineration was proposed. The Town Board,in its wisdom,decided against
going into incineration at that time. Since then they have looked at every method
possible to reduce the volume in the landfill, and finally they came up with the
idea of composting. The Town Board started to attend conferences, and since
I've been on the Board, we've attended conferences. - We have traveled all over
looking at all these different facilities and the costs involved, and has moved as
expeditiously as possible to arrive at this, selecting a vendor and going into
negotiations, and I'd like to move espectously forward for a referendam on October
3rd. I think the consequences have to be looked at very carefully. If we do
not, meet that 1990 deadline there's going to be a Padlock accross the landfill.
Fines will be imposed. You will probably have to cap the landfill. Garden City
at this time, is paying $140.00 a ton to ship their garbage out of state. New Jersey
is paying $200.00 a ton to ship it out of state, and if you don't think these other
people are not going to raise their rates when they know they have us all by
the throat on the East End, then you're badly misinformed, and just to have a
regional approach, or taking it to another incinerator to me is obsolutely foolish.
We will have to take back their ash. I don't wanttheir contaminated industrial
ash. I want my garbage. I want to see what I'm doing with it, and I think each
town should be responsibly for its own garbage, and I think composting is the
most environmentally sensitive and economical solution there is. So I will support
the October 3rd referendum. Thank you.
SUPERVISOR MURPHY: Okay. On the motion to table?
TOWN CLERK TERRY: This is on the motion to table the bond resolution
AUGUST 1 , 1989 4 8 1
VOTE ON RESOLUTION TO TABLE RESOLUTION NO. 32(a) :
Table- Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Justice
Edwards. Nos: Councilwoman Larsen, Supervisor Murphy. Abstain: Councilwoman
�0I iv_a
This resolution was declared duly LOST.
SUPERVISOR MURPHY: We will now vote on the Bond Resolution for an
October 3rd referendum.
VOTE ON RESOLUTION NO. 32(a)
32.-Vote of the .Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
(a)'Supervisor' Murpny. Nos. Councilman Penny, Councilwoman Cochran, Justice Edwards.
This resolution was declared duly LOST.
SUPERVISOR- MURPHY: Moving on to Resolution 32b, someone want to offer that?
COUNCILWOMAN COCHRAN: That will also start the timeclock?---No.
COUNCILMAN PENNY: The timeclock for this one would be the people would petition
for a referendum.
COUNCILWOMAN. COCRHAN: Requesting a referendum, and I stand behind a
referendum on the Town Board motion.
SUPERVISOR MURPHY: Someone want to make this resolution?
COUNCILWOMAN LARSEN : I'll offer it, Frank.
TOWN CLERK TERRY: Is there a second?
SUPERVISOR MURPHY: Yes, I'll second it.
TOWN CLERK TERRY: This to call for a permissive referendum.
COUNCILMAN PENNY: This is not a Town Board sponsored referendum.
SUPERVISOR `MURPHY: Permissive referendum.
RESOLUTION NO. 32(b) :
32.-Moved by Councilwoman Larsen, seconded by Supervisor Murphy,
(b) BOND AND CAPITAL NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, AUTHORIZING THE DESIGN AND CONSTRUCTION OF A FACILITY TO
RECYCLE THE TOWN'S WASTE THROUGH COMPOSTING IN ORDER TO COMPLY
WITH NEW YORK STATE'S LONG ISLAND LANDFILL LAW, WHICH GENERALLY
PROHIBITS THE USE OF THE TOWN'S LANDFILL AFTER 1990 UNLESS THE TOWN
HAS A COMPOSTING, INCINERATION OR OTHER RESOURCE RECOVERY PROGRAM
FOR SOLID WASTE DISPOSAL, STATING THE ESTIMATED MAXIMUM COST THEREOF
SHALL NOT EXCEED $9,000,000, APPROPRIATING SAID AMOUNT THEREFOR,
AUTHORIZING THE ISSUANCE OF $450,000 CAPITAL NOTES TO PROVIDE THE
REQUIRED DOWN PAYMENT, AND AUTHORIZING THE ISSUANCE OF $8,550,000
SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRI-
TION.
Recital
WHEREAS, the Town Board of the Town has, as lead agency with respect to the
Town's proposed composting facility under the State Environmental Quality Review
Act ("SEQRA") on August 1, 1989 adopted a SEQRA Findings Statement and accepted
the Final Environmental Impact Statement _prepared in connection therewith;
NOW, therefore,
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF'
SUFFOLK, NEW YORK, HEREBY RESOLVED (by favorable vote of not less than
two-thirds of all the members of said Town Board) AS FOLLOWS:
Section 1 . The Town of Southold, in the County of Suffolk, New York (herein
called "Town") , is hereby authorized to design and construct a Town compost
facility on the parcel of real property owned by the Town at the site of the existing
landfill, including buildings, original furnishings, equipment, machinery, apparatus,
preliminary costs of surveys, maps, plans, estimates and hearings, legal fees,
consulting fees, other ancillary developmental costs, and costs incidental to such
design and construction. The estimated maximum cost of said specific object or
purpose, including preliminary costs and costs incidental thereto and the financing
thereof, shall not exceed $9,000,000 and said amount is hereby appropriated there-
for. The plan of financing includes the issuance of $450,000 capital notes to
provide the down payment required by the Law, as hereinafter defined, and the -
4 8 f2, AUGUST 1, 1989
issuance of $8,550,000 serial bonds of the Town to finance the balance of said
appropriation, and the levy and collection of taxes on all the taxable real property
in the Town to pay the principal of said bonds and the interest thereon as the
same shall become due and payable.
Section 2. Capital notes of the Town in the principal amount of $450,000 to
pay the required down payment, and serial bonds of the Town in the principal
amount of $8,550,000 are hereby authorized to be issued pursuant to the provisions
of the Local Finance Law, consituting Chapter 33-a of the Consolidated Laws ,of
the State of New York (herein called "Law") to finance the balance of said appro-
priation not provided by said capital notes.
Section 3. The following additional matters are hereby determined and
declared: ,
The period of probable usefulness of said specific object" or purpose
for which said $8,550,000 serial bonds authorized pursuant to this resolution are
to be issued, within the limitations of Section 11 .00 a.6 of the Law, is twenty-five
(25) years.
(b) Current funds are required by the Law to be provided prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation thereof and such current funds will be so provided by the
issuance of the capital notes herein authorized. The Supervisor is hereby
authorized and directed to set aside the proceeds of sale of said capital notes
and to apply same solely to said specific object or purpose herein described.
(c) The proposed maturity of the bonds authorized by this resolution will
exceed, five (5) years.
Section 4. Each of the capital notes and each of the serial bonds authorized
by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds shall contain the recital of validity as prescribed by Section
52.00 of the Law and said capital notes and bonds and any notes issued in antici-
pation of said bonds, shall be general obligations of the Town, payable as to both
principal and interest by general tax upon all the taxable real property within
the Town without limitation of rate or amount. The faith and credit of the Town
are hereby irrevocably pledged to the punctual payment of the principal of and
interest on said capital notes and bonds and any notes issued in anticipation of
the sale of said bonds and provision shall be made annually in the budget of the
Town by appropriation for (a) the amortization and redemption of the capital notes
and bonds and any notes in anticipation thereof to mature in such year and (b)
the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and
pursuant to the provisions of Section 30.00 relative to the authorization of the
issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to
60.00 of the Law, the powers and duties of the Town Board relative to authorizing
bond anticipation notes and prescribing the terms, form and contents and as to
the sale and issuance of the capital notes and bonds herein authorized and of
any bond anticipation notes issued in anticipation of said bonds, and the renewals
of said capital notes and bond anticipation notes, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the capital notes and bonds authorized by this
resolution and of any notes issued in anticipation of the sale of said bonds, may
be contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b) the provisions of Law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such-validity, is commenced within
twenty days after the date of such publication, or
(c) such obligation are authorized in violation of the
provisions of the constitution.
Section 7. This bond and capital note resolution is subject to permissive
referendum.
32. -Vote of the Town Board: Ayes: Councilwoman Larsen, Supervisor Murphy. Nos:
(b) Councilman Penny, Councilwoman Cochran, Justice Edwards. Abstain: Council-
woman Oliva.
This resolution was declared duly LOST.
SUPERVISOR MURPHY: Number 33 is to create the position of Coordinator of
Expanded In-Home Services for the Elderly.
33.y11oved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the
position of Coordinator of Expanded In-Home Services for the Elderly Program
(EISEP) , effective June 21, 1989, at a salary of $5.35 per hour.
33.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
AUGUST 1, 1989
48.3
SUPERVISOR MURPHY: Would,you like to move on the first public hearing we
held tonight on Proposed Local Law No. 14 in relation to zoning?
JUSTICE EDWARDS: I think we should research that.
COUNCILWOMAN LARSEN : Yes, we'll review that.
SUPERVISOR MURPHY: How about the Local Law in relation to Zoning concerning
density?
34.-Moved by Councilwoman Oliva, seocnded by Councilman Penny,
WHEREAS. a proposed Local Law No. 14 -- 1989 was introduced at a meeting of.
this Board held ,on the 20th day of June, 1989; and
WHEREAS, a public hearing was held thereon by this Board on the 1st day of
August, 1989, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 14 - 1989 be enacted as follows:
LOCAL LAW NO. 14 - 1989
A Local Law in Relation to Zoning
BE IT RESOLVED 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 . The "Density and Minimum Lot Size Schedule for Residential
Districts" is amended as follows:
Districts RR
Resort
Residential
Multiple dwelling unit or townhouse
Mutiple dwelling or townhouse without
utilities. N/A
Multiple dwelling or townhouse with
community water N/A
Multiple dwelling or townhouse with
community water and sewer N/A
2. The "Density and Minimum Lot Size Schedule for Nonresidential
Districts" is amended as follows:
Districts M-11
Marine 11
Motel, hotel or conference center guest unit
Guest unit with Community water and sewer 4,000
H. This Local Law shall take effect upon its filing with the Secretary
_of State.
34.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council-
woman Cochran, Justice Edwards, Supervisor Murphy. No: Councilwoman Larsen.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 35 is a Local Law in Relation to Zoning con-
cerning wineries. I would offer that resolution.
35.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva
WHEREAS, a proposed Local Law No. 15 - 1989 was introduced at a meeting of
this Board held on the 5th day of July, 1989; and
WHEREAS, a public hearing was held thereon by this Board on the 1st day of
August, 1989, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 15 - 1989 be enacted as follows:
LOCAL LAW NO. 15 - 1989
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 Code of the Town of Southold is
hereby amended as follows:
1 . Section 100-31 .B(13) is hereby amended to read as follows:
(13) Wineries for the production and sale of wine produced from
grapes primarily grown in the vineyards on which such
winery is located.
2. Section 100-42. B is hereby amended by adding thereto a new
subsection (4) to read as follows:
(4) Wineries as set forth and regulated by Section
100-31 .1303) of the Agricultural Conservation District.
3. Section 100-61 .B(1) is hereby amended to read as follows:
(1) Any special exception use set forth in and as regulated by
Section 100-31 . 13(1), (6) , (7) , (13) and (14) of the
Agricultural Conservation District.
4 8 4 AUGUST 1, 1989
4. . Section 100-71 . B is hereby amended by adding thereto a new
subsection (6) to read as follows:
(6) Wineries
5. Section 100-81 . B(1 ) is hereby amended to read as follows:
(1) Any special exception use as set forth in and regulated by
Section 100-31 .B of the Agricultural Conservation
District, except wineries are not required to be in
connection with a vineyard.
6. Section 100-91 . B is hereby amended by adding thereto a new
subsection (10) to read as follows:
(10) Wineries
7. Section 100-101 .B(1) is hereby amended to read as follows;
(`1') " Any special exception' use' as"set forth 'in- and regulated by
•Section 100-31 .B(2) to (13) , except wineries are not
required to be in connection with a vineyard.
8. Section 100-131 .B is thereby amended by adding thereto a new
subsection (14) to read as follows:
(14) Wineries
9. Section 100-141 .B is hereby amended by adding thereto a new
subsection (3) to read as follows:
(3) Wineries
I I . This Local Law shall take effect upon its filing with the Secretary of
State.
35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: That's the end of our prepared and added-on agenda
resolutions. At this time, I'd like to ask the Councilman if they have anything
further to comment on, on my left with Judge Edwards.
JUSTICE EDWARDS: Nothing, thank you, Frank.
SUPERVISOR MURPHY: Ellen?
COUNCILWOMAN LARSEN: Everyone enjoy the wonderful fresh vegetables in
Southold and our clear Brown Tide-free Peconic Bays this summer.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN : I agree with the statement Ed Siegmann made in
relation to this being a political issue. I have tried to stress with the Board since
the inception of trying to solve this problem, that it should not be a political
issue. Maybe I'm not, being realistic. Maybe it's not the way that life goes. I
like to believe it is.. I like to believe that the first concern of the Board is to
promote, approve what is best for the community at large, including the cost,
including the composting, the technology. I feel very strongly, and it's
unfortunate that this issue is being timed at the same time that it is almost time
for a November general election. If this had come due six months ago, I don't
think the political aspects would be tied so tightly. I would like to urge this
Town Board, our Republican leadership, our Democratic leadership, and I certainly
,don't leave out our Conservative leadership, those that are running for public
office to please, please look at this as to how its going to benefit the residents
of Southold Town, not as a political vehicle to elect your candidates. I feel that
very strongly. It's much too important. This is the largest expenditure this
Town has made or will make for many, many years, and yes, there are unknown
costs that are associated with this project. Some of those are unknown to us
because it is unknown to us exactly what the DEC might require in the future.
I can't stress or say it strongly enough. I think any of the people, including
our Supervisor, Scott Harris, who is his opponent, members of the Board that
are running for this office, if they do make it 100% political football, they don't
deserve to be elected, because they are doing a. disservice to the residents of
Southold Town. Thank you.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Well, Jean mentioned some of the costs, and the costs
are- the reason that I have resisted, and I've abstained from most of the voting
on this composting. Let me just address some of these costs, and here's one of
the reasons why some of these costs are not coming out. Three months ago, the
Town Board requested from the DEC a variance from the DEC's requirement to
prepare a complete recycling analysis. At that time we were told that this would
take from two to four months, and would only delay our construction permit. Well,
that was three months ago, and I maintain that had we gone ahead, because
was the only person on the Town Board, as I recall, that objected to this delay
AUGUST 1 , 1989 485
because I know that things take a lot longer than people claim that they wiff.
Had we gone ahead with this, it would have .been three quarters complete by now.
The information that's included in this comprehensive recycling analysis, is the
information that is neccessary for the Town, in number one, in sizing the plant,
and in number two, for getting the size of the lined landfill. Now, I have been
told over the last couple weeks by different Town Board members, that we can't
tell the public how much this lined landfill is going to cost. We have no idea
because the DEC hasn't told us. Well, it's very simple. We ask the DEC that
we not have to tell or give them this information for a length of time. So what
we're in right now is a round robin. The DEC can't tell us because we've asked
them not to give the information. Had we done this four months ago, the informa-
tion would have been done in probably one more month. Then. we would have
kn*nwn how much we are actual!y going to be recycling, how much we're going
to be landfilling, how many acres of lined landfill are we going to require and
what are the costs of that, lined landfill going to be, and those are some of the
questions that were brought out by people at the Peconic Center. They wanted
to know what are associated. costs, and if this Town Board doesn't get off the
stick, and stick to tiie DEC guidelines, and stick to what the DEC told us a year
ago in April, that was required, that we waited a year to ask for a variance,
that the Town Board doesn't prepare this information, then I don't think the public
is going to go for any proposal from the Town Board, because nobody would
responsibly make a decision based upon inadequate information, and the Town
Board has done more to delay this information than anybody, and I call upon the
Town Board, let's invite Harold Berger out her, and let's get this cleared up. _
Let's get going in the right direction. We've been told that we need, at the same
time, simultaneously with our application for the composting system, we needed
application for an expanded landfill. We have that in writing from the DEC. For
some reason, member of the Town Board are ignoring that, and this can not be
ignored. The day that the composting plant opens, if it happens to be in
December of 1990, nothing can go in the. ground after that, any by-products,
any bypass. Anything that doesn't go in the composting plant, is going to have
to be shipped out of town, and believe you me, we have been told that the cost
of this lined landfill is going to be five hundred to a million dollars an acre. Now
all of sudden I hear, five million dollars for two acres. Well, there must be a
worse case scenario that was being addressed here, because even if we figured
a million dollars an acre, I'm sure that we're going to get by with probably five
acres at a million a piece. But still, the people have the right to know this infor-
mation, and if the Town Board doesn't act, we're not going to get this information,
and we're only going to delay ourselves, because the DEC is not going to put
us on line without a lined landfill, and without sooner or later, it's going to require
a complete analysis of our waste stream, and this has not been addressed. Thank
you.
COUNCILWOMAN COCHRAN: Frank, may I say something? Part of, hopefully,
to get this referendum passed by the community, we will be disseminating a great
deal of information. Now, you the voter has the option of believing what the
Town Board presents as true and factual. You have the option of believing the
rumors that are floating all over town. You have the option to believe what you
read in the newspapers, which is not always factual. My apologies to the press,
-but it's true. I think it's very important that if you feel that the people you
have elected and you placed your confidence 'in, will honestly and fairly present
all the information in relation to what we're trying to accomplish, and I'm not
going to get into a donnybrook with you, George, it's been a long day, and we've
had this kind of a day all day long, but I take acceptation to some of comments,
a large precentage of them as not being correctly stated, and also, you speak
in relation to the Town Board as the enemy, and I believe you are a member of
this Town Board. Thank you.
SUPERVISOR MURPHY: Ruth?
COUNCILWOMAN OLIVA: I'd just like to second Jean's first and second statements
wholeheartedly. I truly believe in this project, and I will go out and try get
every piece of information that I can or the Town Board will get it. I should
say the Town Board will get it, to present it to you people, because this to me
is the best way to go, and I believe in it, and I have believed in it. Thank you.
SUPERVISOR MURPHY: Thank you. My last comment is, George, I'm very happy
after three years and eight months, that you are taking an interest, and maybe
you will do something. I disagree with you on most every statement you made,
tonight, and I could prove to you that you are wrong, and I'm not going to do
. 4 8 6 AUGUST 1, 1989
it here, as Jean said, and it's too bad that you couldn't even go by five minutes
after Jean made her comment. At this time, I would like to ask anybody in the
audience if they have any comments to make. Ed?
EDWARD SIEGMANN : On this same subject. Number one, I want to thank the
Board for listening to us this afternoon, and I want to say that if you follow
through with what we requested about the meetings with some of the politicians,
any help that we can be in setting that up, and finding out what dates he would
be available, or the other people that would have to be invited; just ask us and
we'll be any help we can. You know, it's a strange thing. I sat here tonight
and listened to more arguements among you people, about whether composting is
the right way to go,or whether there is something., wrong with recommending com-
posting. I'm.convinced that the pp
opl 1 talk to on the outside.,. ;that. are._not
elected, are having more intelligent conversations about this thing than what. I
listened to tonight. .
COUNCILWOMAN COCHRAN: Touche', Ed.
EDWARD SIEGMANN : Let me give you an example.. You talk to the people about
all these questions you're raising, about hidden costs. We're sure, the people
are sure there are other costs other than the composting. They're" not stupid.
They know that things will have to be trucked out. They, also, know they're
going to have to separate cans, and bottles, and plastics, and that stuff. This
was going on 25 years ago in Flint, Michigan. It's nothing new. But what you're
doing by arguing that you're doing amongst yourselves, you're creating a no vote
from those people outside. You're not helping yourself to get a yes vote on this
thing, because you're the ones whose putting the suspicions in the minds of these
people that there's something wrong with it. The best thing you could have done
was to get together and come out with a uniform position for a referendum vote,
rather than to turn to vote even, three,three to turn the thing down, and have
the people have to go outside and" have petitions to do it. You'd have been a
damn sight better off without getting petitions.
COUNCILMAN PENNY: That's not what's going to happen.
EDWARD SIEGMANN: What's going to happen?
COUNCILMAN PENNY: It's coming up on the 29th.
COUNCILWOMAN LARSEN: On the Board's motion, it's coming up on the 29th.
SUPERVISOR MURPHY: Which will bring it into the time frame of the general
election.
COUNCILWOMAN COCHRAN: Which is what you supported earlier.
EDWARD SIEGMANN: Okay. Good, then if that's what's going to happen, maybe
the point that by happening on election day, and then election day being over
with when we can get into the conversations of how much it's going to cost the
people and what they're going to have to do and which way they should go. Maybe
at that point all of this arguing. is going on, will stop, and maybe somebody will
Bring a uniform position back to the people, that they can have an understanding
of which way they should go.
SUPERVISOR MURPHY: Ed, the only disagreement tonight was on the time, when
the referendam. .
EDWARD SIEGMANN: I know that, but if you sat here and listened to it, it wasn't
the arguement you were having about a difference .in the time.
COUNCILWOMAN COCHRAN: That's all it was.
EDWARD SIEGMANN: I know that's what it was supposed to be, but all these
comments were made of not telling the public this, i not telling that. That doesn't
help the situation. That only creates more suspicion. That's all it does.
{
SUPERVISOR MURPHY: I realize that. I
COUNCILWOMAN COCHRAN : B'Ut, Ed, I think in my statement I was justifying
my actions of requesting a table of resolution.
EDWARD SIEGMANN: Jean, I have no objection to what you said. I think what
you said earlier was exactly what I said, or very similar to it at the beginning
of this meeting tonight.
AUGUST 1, 1989 487
SUPERVISOR MURPHY: Joe?
JOSEPH RISTUCCIA: I'm Joe Ristuccia, from Southold, and I represent the TAX
PAC group in Southold here. I just want to comment, and add to what Ed has
already said that one of the things that perhaps there is some disagreement within
the Board, and perhaps you should start thinking about coming up with a uniform
approach. One way- that uniform approach might be accomplished, and I mentioned
it earlier today, is to get an advisory committee in town. I see some people
disagree with that, but one of things that that type of committee could accomplish
or what it could accomplish is that you could get participation from the community.
I said this afternoon that this community has a lot of talented people. I think
those talented people could come forth, and help to clarify some of the issues
mere and unify this town. ' One of my staunch - supporters said to me, one of
the things we have to do is to get the people outside of Southold to help us,
namely the people in Albany. I just only see your words when it comes to that.
I think one of things we have to do. , we have a big problem here, is get our
legislative in Albany, both in the Senate and in the House, to come here, and,
also, to get the three people who run New York State Cuomo, Miller and Marino,
to look at some of the problems we have in the East End. This is a problem that
even transients Southold.. It involves the whole east end of Long Island, and
think if we all get together maybe. we'll come up with solutions. Thank you.
SUPERVISOR MURPHY: Anyone else on the left? (No response.) Anyone in the
middle? Sir?
FRANK FLYNN: Since Councilwoman Larsen was so quick to correct me as to
the required setback from the freshwater wetlands. I wish you would enlighten
my ignorance as to where in the wetlands chapter it cites 150 foot setback.
Actually here is that freshwater wetlands, including the actual wetlands, are all
land immediately adjacent to a freshwater wetland, as defined in subsection b.1,
and lying within 75 feet landward of the most landward edge of freshwater wetland.
That's essentially what I said, and that's the source of my remark. Now to extend
that, what you have done, or propose to do, you're removing or deleting this
100.239.4c, all buildings located on lots adjacent to any freshwater body shall
be set back not less than 75 feet from the edge of such freshwater body, which
make it mandatory. You have removed that mandatory provision. Now when you
go to the wetland's provision here, it merely defines the adjacent lands as being
75 feet from the land on the edge of freshwater wetlands. There's no mandate
against putting improvements directly within the freshwater wetland's area, so
that's why I say that the people of this town should have been informed by a
true public notice of the potential impact of the deletion of this paragraph of the
subject section.
COUNCILWOMAN LARSEN: Your point was well taken, Mr. Flynn, and the Town
Board did not vote on that this evening.
FRANK FLYNN: No, that's not what I'm addressing at the moment. I'm addressing
your criticism of me. I would like to know. . . .
COUNCILWOMAN LARSEN : I just stated that. .
FRANK FLYNN : That I was wrong, and it was 150 foot setback, and you corrected
me on the land edge of freshwater wetland.
COUNCILWOMAN LARSEN: Right.
FRANK FLYNN: Now, is there 150 foot setback in the Code?
COUNCILWOMAN LARSEN : The Town Code is based on the DEC requirement,
which is 150 foot setback.
FRANK FLYNN : Then why don't change this portion of the Town Code? I welcome
to check me on it.
Voice from audience: 75 feet, Ellen. The Town Code always has been.
COUNCILMAN PENNY: The DEC is 100.
COUNCILWOMAN LARSEN: Fifty.
COUNCILMAN PENNY: One hundred.
COUNCILWOMAN LARSEN: My apologies,:
488 - AUGUST 1, 1989
SUPERVISOR MURPHY: Mr. Flynn, the Town Attorney and the Assistant, Rob
Berntsson, will review your comments and give a report to the Town Board before
we act on it.
FRANK FLYNN: Yes, but at this instance, I take umbrage of being criticized
about something of which I'm absolutely correct.
SUPERVISOR MURPHY: I apologize for you, and it was a mistake.
FRANK FLYNN: Thank you.
SUPERVISOR MURPHY: Anyone else? Tom?
TOM SAMUELS: Tom Samuels. I just want to say that I'm very pleased with
Jean's decision to table the resolution. I think it's a very good move. It gives
the entire town a chance to vote on this referendum. One of the problems we
have here is that if you're opposed to composting, or even if you're in favor of
composting, you've become a bad guy one way or another. There is a possibility
I believe, I believe there's always a possibility that the other side could be right.
My position has always been that I'm not opposed to composting if it will handle
the amount of waste that it's been` advertised, which I seriously doubt, but that's
beside the point. My point is that we should know what are solid waste costs
problems are going to be. Now, we're mandated by the DEC. The Town has
taken Supervisor Murphy's lead all along, and been very willing to accept DEC
There has been very little controversy between the Town and the DEC.
Now, I suggest you can not exist with the DEC without a somewhat adversary
relationship. The DEC being in Cuomo administration, has in every town complaints
about it. It has told* the towns what they must do, not how they do it, but give
them a date to do it. Now our redress here is not in spending ourselves into
a position where we can't afford the solid waste facility that we're going to eventually
require, because believe me, the nine million dollars appears to me to be less than
a third of the way there, in my analysis of it, which I'll be very happy to give
to you at any time. You give me the platform to speak on. Unfortunately at
the informational meeting I believe that platform was taken away. But what I'm
saying is, our solution and the solution of the problems of the five east end towns,
is in the legislature. Ultimately it's going to be a national decision, because this
is not a local problem. This is not a county problem. This is not a state problem,
This is a national problem. We have in this town approximately 25,000 people.
That's not many people. We're fourth in the population list in the five east end
town, yet we are prepared to enbark on a proposed solution which has no. , there
isn't one in the United States. Now this bothers me, because this country is full
of communities that are more environmentaly active than we are. We are late
comers to this environmental activism really as a community. So why haven't other
towns used composting? Now you will hear at the informational meeting that there
are plants in Europe, and Europe's garbage is different in volume, and classifications,
and so on and so forth. Garbage is garbage. Compostable material is compostable
material. Uncompostable material is not. Now, if the federal government,or ideally
New York State, our administration wants small communities like this one or counties
in upstate New York that don't have 20,000 people in whole county, that have
the same problem we have. Why hasn't the State of New York, who will spend
a half a million dollars for a piece of upland that I owned in Orient, spend seven
and a half million dollars on a trial composting, facility for the towns of the people
of New York, and let's see if it works. Why won't they do that? Yet, the
majority of the Town Board apparently is prepared to embark on an experiment.
That is all it is. In the American system here, it's an experiment. Now you're
right, and I understand Jean's passion, and I understand Ruth's passion, and
I understand Ellen's feelings, but somethings wrong, and it's wrong because this
is small,not affluent town. I speak for the productive people in the town, not
the second home owners, who might be able to afford the taxes, but the productive_
people in the town. It's a real problem, believe me, and they need compassion,
and the compassion should be from Albany. You've got to go 'back to the DEC.
Now, where do you start? Well, I would suggest starting our representatives
to the Federal government and the weight that they have. If they can spend
as much time on Grumman, then let's let them spend a little time on the solid
,.-waste problem of their constituents, because apparently our local representatives
in the Legislature and the State Senate have not been effective. We have got to
start being militant about this problem in this !,country. The taxpayer, the person
who's paying the bill has to start getting militant. I don't like the position that
I have been placed in by those who are in favor of composting. I am not an anti-
environmentalist. What I'd like to think,that I am a realist. This is not a problem
that Southold Town should be solving at this time, and it goes beyond composting.
I don't believe Southold should be building an incinerator either. We had an
opportunity, the five east end towns has an opportunity, when we weren't under
the gun to go to a regional facility. I thought at the time, that Long Island has
to do it, then that is what should happen. It made sense. Anything else is
AUGUST 1, 1989 489
insanity. I can walk from the Bay to the _Sound in thirty-five minutes anywhere
in the town. I must know five thousand people in the town, and I've: talked to
a lot of them, and they all say this is more than a local problem. Now, I know
your environmental image is important to you, and I know that there are a good
many of you who want to have this legacy that you were the ones, the first town
in the United States, went for composting. All I'm saying is, we can not afford
it. We can not afford our solid waste problems ourself. I would suggest if want
to forestall 1990, so-called deadline, Ellen, and I've spoken to Harold Berger,
and I've spoken to the guys at the DEC. You're going to have your recycling
plan.Come up with lined landfill plan. That's what you need, because regardless
of what you do, you need a lined landfill, and it makes sense, and it's going to
cost money, but I'll support it. Southampton, incidently, Ellen, was threatened
with two million dollars in fines, and actually it was settled for a hundred and .
fifty thousand dollars, which is to be spent on their local problem, so that was
a misrepresentation, and I am tired of misrepresentation. The DEC are not ogres.
The people that work there. They're not ogres. They're people that live out
here, and pay taxes, maybe not in Southold, they live on Long Island. They
are reasonable people for the most part with one or two noted exceptions, but
they're not in the solid waste program. But what I'm saying is, you said various
things about various towns and picked up Newsday, and you can do that any
night. I agree with you. But we know that the follow-up stories to the fight
stories are not what the original stories were. So please don't accuse George
of misrepresentation when you are misrepresenting. Let both sides of this coin
be fair. Let's come up with a solution now. Joe Ristuccia came up with an idea
that I thought about for some time. There are two things we should do. Number
one, we need a citizens' committee to go to Albany. We need a committee of people
in this town, people with some fire in them, and some guts, that aren't going
to be afraid that they're going to come back and dump on them again, and that's
what we need. Now, does it have to be representatives of a government? Someone
has to appoint them, I suppose, or maybe we need another referendum. But we've
clot to fight for what's right, and this what they're trying to do is wrong. That's
number one. Number two, as Joe- said we need an advisory committee, and it
can be formed pretty quickly. There's some real sharp people in this town. Some
of them are sitting in this room, with scientific credentials, with the knowledge
that we need. They're here right now, some of them, and there's still more.
Especially if we can get some people from the academic world, and they're available,
and they're interested, and they're concerned. That's what we have to do. This
business of what's going to happen, and we're going to put the pros for the com-
posting before the referendum, are going to give us this 1990 deadline, guys.
%Ve're going to jail. Two hundred thousand dollars a day, and the other guys
are going to say, hey, we :can't afford it. So on and on it goes. There's going
to be misrepresentations right up to election day. Even regardless of whether
you pass or don't pass there's going .to be so much polarization in this town. It's
bad enough now. It's going to be worse, and mainly because, and I'm not saying
you haven't. made a good effort. You certainly have made a good effort. You've
made a good effort. You've fought hard and long. I think you're wrong because
you've got the cart before the horse. You need the lined landfill no matter what
you do. Buy the property you need for that lined landfill. If you don't need
property, build it anyway. But whatever you do, get that started. When Mr. Murphy
talks about increase cost and his, so called, friendly condemnation of the adjacent
property. That was a term that was used in the informational meeting. Does
anyone in this room know what a .friendly condemnation is? What it is?
COUNCILWOMAN COCHRAN : Isn't it an agreement with the landowner?
SUPERVISOR MURPHY: Because of the tax laws, the only way the man could
get by, he wanted to do a land switch. The only way he could get by without
paying the inheritance tax, so he could then take that money without paying tax
on it invest it in more farmland, was to go by a friendly condemnation. There
is such a thing. And about misleading people, you're talking here of your thoughts
of having a lined landfill, and this is going to solve our problem (tape change)
recovery facility in place. That's the only way you're going to have a landfill
on Long Island, and I would advise_ you to check with Harold Berger on that.
TOM SAMUELS : I will. But you misunderstood. .
SUPERVISOR MURPHY: Now go ahead. I didn't misunderstand at all.
TOM SAMUELS: What I meant to say was. .
SUPERVISOR MURPHY: Maybe I didn't know what you said.
TOM SAMUELS: Okay. The first step, in your -letter to Harold Berger, which
fie requires, I don't know when the deadline is, fairly soon, the five eastern towns
have supply him with a letter what their plans are for the solid waste problem.
Southold is the farthest along because of the composting plan. The rest of the
towns in the east end haven't got this so called, resource recovery plan,
49 0 AUGUST 1, 1989
incinerator or composting thing, .planned. They're 'watching and waiting for
Southold's experiment.
COUNCILWOMAN COCHRAN: That's judgemental. In your mind it's an experiment.
In mine, it's not. You're being judgemental, Tom.
TOM SAMUELS: I've talked to Easthampton. I've talked to Southampton, and
I've talked to Riverhead.
COUNCILWOMAN COCHRAN: Southampton is considering composting.
COUNCILWOMAN OLIVA: They just had interviews with the composting facility
on Friday.
TOM SAMUELS: They are considering all alternatives. The point I wanted to
make is that supply Harold Berger with a recycling plan and a plan for a .lined
landfill, so you have a plan. Prove to him that you're going in the right direction,
and then you've got to also get together with the five east end towns. If not,
necessarily even a joint facility, but with joint political weight because they all have
the same problem. Joint political weight, that's the way to go. Get them involved.
They're all concerned. It's going to kill Easthampton. Southampton, maybe not
quite as much because they've got a bigger tax base. It's a big town. Shelter
Island, brutal. Riverhead is pretty tough. Pretty tough. That is really what
I wanted to say. I think we have to go to the source of the problem, and the
source of the problem is the State Legislature mandating the closure of landfills
without any imput, either engineering wise, financially or otherwise. How you
guys going to do, that's up to you.
SUPERVISOR MURPHY: Thank you. Anyone else like to address the Town Board?
Ed?
EDWARD SIEGMANN: I don't know who this gentleman is, but I'd just like to
differ with one thing, where he said about sending a committee up to Albany
to show how militant we can be. We made a proposal to the Town Board this after-
noon, instead of us going up to Albany, if Cuomo could travel into one woman's
house in Levittown, he could travel out here, and some of our other politicians
can travel out here, instead of us going to them. Get one of the high school
auditoriums and let the people come in, and tell them what this is doing to them,
because you can see the for sale signs now. There will be more and more, and
I'm speaking for the senior citizens, although there are lot of people in the same.
shape that the seniors are in. The seniors are in a position now on fixed incomes.
Every month some of them are leaving, and there are some of us that want to
do a hell- of a lot of fighting before we have to leave. So let those's people..come
in here to us.
SUPERVISOR MURPHY: Any other comments?; (No response.) If not, a motion
to adjourn is in order.
Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board meeting by and hereby is adjourned at 9:40 P.M.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly. ADOPTED. .
G���Judith T. Terry �� '
i Southold Town Clerk -
I