HomeMy WebLinkAboutTB-07/12/1988 s
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SOUTHOLD TOWN BOARD
JULY 12, 1988
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.
EXECUTIVE .SESSION
9:20 A.M. - Councilman Penny discussed Dog Pound contract negotiations. The Board
discussed requesting an appraisal .for possible purchase of property. William F. Mullen,.
Jr. , Town Insurance Consultant, met with the Board to discuss litigation.
WORK SESSION
10:00 -A.M.. .- .Don Witschieben and approximately 15 residents of the West Mattituck
Beach ,Association and•.Capt.. Kidd;Estates met with the Board to discuss continuing
serious. motor vehicle..violations on the. Capt-.* Kidd Beach and Park District areas,
and to request the Town Board, Police and Highway Departments to immediately implement
recommended actions to deter the. vehicles, i.e. barriers across the beach and at the
foot of Inlet Drive and western end of Sound Beach Drive. Petitions were submitted
With respect to the foregoing. . Chief.Winters,:' present during this discussion, advised
that the: police have had few complaints concerning this area, and after special empha.
in .this area the past week-end found few signs of possible violations. The group way-
advised ,that- the major portion of the area in 'question. belongs to the Mattituck Park
District, therefore the Town Board has no jurisdiction. However, at. the urging of
the residents present it was agreed a- meeting would be arranged with the Park District
Commissioners to jointly discuss the problem.
10:55 A.M. - Robert Brown, Architect, met with the Board to review their earlier '
proposal for a Town Hall addition. Mr. Brown will meet with the Town Attorney to
go over a proposed contract for his. services, reapply for errors and omissions insurance,
and conduct a study of projected departmental needs within the Town Hall. Mr. Brown
said he should. be able to give a reasonable start to designing the project within four
to six'weeks.
11 : 10 A.M. - For Discussion Items: (1) Reviewed Town of East Hampton disposal site
fees. Disposal fees for other East End Towns will be provided to the Board members
for discussion at the July 26th meeting. (2) Receipt of proposed covenants and res-
trictioris .to appear in ' the deed from Peconic Land Trust to the Town of Southold for
the Southold Town Green-property. '(3) Discussion of proposal by DEC `to purchase
three parcels: of Town-owned land in'Orient. Supervisor Murphy, Councilwomen Oliva
and Larsen favor the sale of the property to the DEC, Councilwoman Cochran, Justice
Edwards and Councilman Penny oppose the sale. (4) Letter from Ralph M. Verni,
property owner on the easterly side of Inlet Lane, Greenport, protesting 4-wheel drive
vehicles and motorcycles accessing the Town Beach at the end of Manhanset Avenue.
Board will inspect the property and request Highway Department to repair the barrica
which existed.-before it was destroyed, by vandals. (5) Discussed placing a "Tick
Talk" inset in The Suffolk Life at a cost of approximately .$900.00 (see resolution no.
16) . (6) Letter from the Southold Town Water Advisory Committee requesting the
Town Attorney to clarify the 1987 Open Space Bond Issue to determine if open space;
purchased under the bond, may be utilized for public well sites. The letter was referred
to Town Attorney Schondebare. .
JULY 12, 1988 2 2 3
11:20 A.M. - John Tuthill and Irving Latham; Orient, met with the Board to discuss
a NYState road drainage pipe at the Main Road, Orient. Mr. Tuthill said the pipe
leads to a canal 30 ft. wide and 1250 feet long which empties road runoff into Hallocks
Bay. Supervisor Murphy said he would speak to the NYS-DOT about this situation.
11 :55 A.M. - Recess for lunch.
1:30 P.M. - Work Session reconvened and the Board 'audited outstanding bills.
2:00 P.M. - Garrett Strang, Architect, met with the Board to discuss a proposed
new Dog Pound administration. building. which he estimates would cost approximately
$1 J 0,000 if bid trade-by-trade. Supervisor Murphy recommended the Town lease the
North Fork Animal Welare League the land and they construct the building. This was
not resolved. They then discussed needed insulation, new windows and heating system
for the Police Headquarters. Councilman Penny believes the work should be treated
as a single project, whereas Supervisor Murphy asserted that each portion could be
done separately--new windows would have no bearing on a new heating system. It
was finally agreed that the Town will request LI LCO to do an energy audit of the
building before proceeding any'i. further.
EXECUTIVE SESSION
3:05 P.M. Town Attorney Schondeb.are discussed pending litigation with the Board.
3: 45 P.M. - Work Session adjourned.,
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold:Town Board was held on Tuesday, July 12,
•1988 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. Schond.ebare
SUPERVISOR MURPHY: Good evening. The first order of business tonight will be a
resolution to approve the audit of the bills of July 12th, •1988.
Moved by Councilwoman .Cochran, seconded. by Councilwoman Oliva,. it was
RESOLVED. that the following audited bills . be and hereby are ordered. paid:. General
Fund Whole Town. bills in the amount of $77', 825.76; General Fund Part Town bills
in' the amount of? $32,:765.33; Highway Department Whole Town bills in the amount of
$7, 80'9. 98; Highway Department Part.Town bills in the amount of $10,527. 26; Fishers
island Ferry District bills -in the. amount of $14,782.33; Fishers Island Ferry District
Agency. and Trust bills in ' the amount-of $334. 99; Fishers Island Sewer District bills
in the amount of $1,809.00;. Nutrition Fund bills in the amount of $9,541; 85; Adult
Day Care Program bills in the amount of $818- 92; Home Aide Program bills in the amount
of $302. 40; Snap Program bills in the amount of $1, 429.35; Eisep Program bills in
the amount of $20.60; Agricultural Land Dr-?lopment Rights. bills in the amount of
$600-00; Shellfish Management, Capital Acco,.Int bills in the amount of $5,911.70;
Community. Dev.,elopment Fund. bills in the amount of $3,859. 14.
Vote af _the Town Board: Ayes-:. Councilwoman Larsen, Councilwoman Oliva, Councilman
Penny; _Councilwoman. Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
2 2 4 JULY 12, 1988
SUPERVISOR MURPHY : Next is the approval of the minutes of the Town Board meeting
of June 28, 1988.
Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the minutes of the June. 28,. 1988 Southold Town Board meeting be
and hereby are 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 to set the next two meeting dates. The first .is July
14th, 8:30 A.M. , Southold Town Hall, and the one after that is July 26th, 1988, at
3:00 P.M. , Southold .Town Hall. 1 offer that resolution.
Moved. by Supervisor Murphy, seconded. by Councilwoman Cochran, it was
RESOLVED that. the next. meeting of the, Southold Town Board will be a Special Meeting
to be held at 8:30 A.M. , .Thursday,. July 14, .1988, . at the Southold Town Hall, Main
Road, Southold,. New York., and .the .following meeting will be a Regular Meeting to
be held at 3:00 P.M. ,. Tuesday.,. July. 26,. 198%. 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.
1. ' REPORTS.
SUPERVISOR MURPHY : Moving on to the first item on your agenda are Reports: .
These are on file in the Town. Clerk's .Office for anyone who would like to. read them.
1. Town Justice Edwards - monthly report for June, '1988.
2. Recreation Department - monthly report for June, 1988.
3. Town Dog Shelter - monthly report for June, 1988.
4. Town Clerk - monthly report for June, :1988.
5. Building Department - monthly, report for June, .1988.
6.: Scavenger Waste Treatment Facility - monthly report for June, .1988.
7. Trustees _ monthly report for June, .1988'.
8. Councilmen - And at this time 1 would like to ask the Councilmen if they
have anything special to report, starting on my left with Judge Edwards.
JUSTICE EDWARDS : . Thank you, Frank. The Island is off and running. It was
a very, very: busy 4th of July weekend. I think on Friday alone they transported
over .300 cars from the. Connecticut shore to the Island. They had the party on the
Green. on Saturday, which was enjoyed by all. It's usually a cook-out put on> by
the Fire'. department, and they have a Fife and Drum Corps that comes over from
Connecticut and the -kid.§. get .their balloons and. everything, and it's just one great
day. We had an Executive Meeting.of -the Board of Directors..of the Civic Association
on Saturday morning and we went over the growth plan of the Island, went over
the Walsh Park Affordable Housing, and how we can cut down the growth on Fishers
Island. It's .growing in' leaps. and bounds. and -a lot more percentage-wise then you're
seeing here. in Southold. We had, I. believe, nine houses go up this winter which
is certainly a record. So .they're. going to look very seriously into taking steps to
hold this growth down. The water. study. that we're doing over there and all the
wells -are drilled and dug and they're starting to do some research into that to see
how much water we do have to support the community. Thank you. .
SUPERVISOR MURPHY : . .Ellen?
COUNC*LLWOMA.N..LARSEN: . Oh,- thank you,. Frank. On the 30th of June Town
Attorney Schondebare held a open., seminar, for all .the elected officials and employees
within "the Town of Southold to review.the procedures that we should be following
regarding the SEQR process. 1 t was very informative seminar, a lot of questions
were answered. It'was a good' way to help out. everyone working within the Town
to coordinate-,the-various departments to comply with the State Law. .. On July 6th
there was a Housing Committee meeting. to further review the AHD Law which Council
woman .Cochran will report on. That evening `i' attended a meeting of the Peconic
Bay Task Force. On July .29th arrd-_ -0th at Southampton College there will be State
of the Bays. Conference held. Speakers will range from Gail Shaffer, Secretary of
State, members of the D.E.C. , Gordon. Colvin, head of the Marine District for the
EPA Region in this area; various elected officials from Towns, as well as Fran Flanagan
who has headed the Task Force for the Chesapeake Bay. At that seminar we had--
at the last Peconic Bay Task Force meeting Jennifer Ebb from State Senator Johnson's
office, who is the chairman of the Long Island Marine District and is in charge of
all legislation that initiates within 'three nautical miles of the Hudson and up to the
Tappanzee Bridge asked for support on legislation from Peconic Bay Task Force regard-
ing tidal wetlands regulations to increase the penalty and for all the moneys to go
back and to..be earmarked to be funds to restore marine districts, and right now they're
going into a general fund. He's also introducing legislation to prohibit dumping of
sewage and sludge into marine environment which had'-a lot of support. I attended
JULY 12, 1988 225
a meeting the Water Advisory Committee, which Councilwoman Oliva will report on,
and also a---I guess that's it. Thank you.
SUPERVISOR MURPHY : That was busy enough. Jean?
COUNCILWOMAN LARSEN : . 1 feel I missed one somewhere along the line.
COUNCILWOMAN COCHRAN: Well, if you find it you can jump back back in again,
Ellen. On June 30th 1 also attended the SEQR Work Shop conducted by Attorney
Schondebare and I felt it was beneficial to all those that did attend. On July 7th
the Housing Committee did once again meet. We finished reviewing the law. Our
Attorney Rob Berntsson is now looking at it. He's taking two weeks to write up and
finalize the changes--the proposed changes that we are going to present to the Town
Board, so the Committee will be meeting again in .two weeks to review our changes
and just makesure that we're all on the same wave length. Also on the 7th 1 met
with the. Supervisor and John, DeNiro and. discussed a. possible recreation-type prograin,
or it would come under recreation, that would be beneficial to both the senior citizens
and the youth, and itis .in its preliminary stages, so once we check on credentials
and qualifications and so forth this will be shared with the Town Board. Actually
in between I.'ve been working on personnel problems and doing some work as far as
Buildings .and Grounds is concerned, which is a timely assignment, Frank. And that's
about. it. I t s. been busy.
SUPERVISOR MURPHY : . Thanks, Jean. George?
COUNCILMAN PENNY: Yes, on the .29th 1 attended a meeting of the Code,Committee,.
which: the chairman will report on•. . On the 5th I attended a meeting of the Water
Advisory Committee, which the chairman will*also report on. I attended the Housing
Committee...on the .7th which has already. been reported on. Thank you.
SUPERVISOR MURPHY: . Thank you, George. Ruth?
COUNCILWOMAN OLIVA: Yes, on June 29th we had a Code Committee meeting. We
discussed pre-existing C..O.'s. to a change a few things in the Code about them, and
had a very good discussion about it and came to conclusions to do it and also we will
be upping the fees for it. We discussed vacant land C.O. 's and we will be putting
that into the Code, and single and separate search prior to giving out a vacant land
C.O. which should help to define it a :little bit better. We also are going to change
the wording in the minor subdivision regs from "may" to "shall"- so that they will be
filed with the County Clerk and therefore be easiet for the Assessor ,and the people
here in Town Hall to get that information. We- are meeting again tomorrow night and
we be discussing non-conformity, junk yards and vehicles, fences and a new form
that will kind of standardize everybody herein. Town Hall filling out the same type
of form. . The next day 1. believe we had the SEAR. workshop. which was really excellent,
and I thank Jay. very. much .for. giving .it to us. It was very informative. On July
5th we had a Water, Advisory Committee meeting and we discussed--had a general
discussion at first over the comments from Joe Baler from the week before and then
the. Chairman, Frank Bear,. broke: the committee down' into sub.-committees for reports
that will be due back in' a preliminary form on August 2nd as to education program,
job description for somebody here in Town Hall full-time to take care of the educational
processes, and. be:knowledgable in water aspects, and also the other committee will
work on the core watershed area to see whether it is a viable idea, and what other
ideas they can. come up. with. . On July 7th. I also attended the Housing Committee
meeting which Jean reported on. I think that's it. Thank you very much, Frank.
SUPERVISOR MURPHY : . Thank you, Ruth. As you can see everybody's been quite
busy. I'd .just. like to make a couple comments. On Sunday of one of four places
1. had. to.go. to.to represent.the Town, .one was a .celebration for the second fireman
in the. Village of Greenport who was celebrating over 50 .years of service= (Fre a dwin) .
This is absolutely antastic. This is in .about a two month period of time two people
celebrated their anniversary. I t 'really is great. On-.going information for the public,
there .wilF be 1i resolution tonight authorizing the distribution of very good Lyme Disease
literature that will be sent out. to everybody. . Our special meeting that we have scheduTed
or ursday .is "the result of .about. five years of work for many, many people in trying
to get a land transfer tax through,--,and -it looks very promising. We have to send
up a Home Rue Message. We should -have the final version tomorrow morning and
hope to vote on it on Thursday and then I will actually be bringing all of the six
Home Rule Messages up to Albany to make sure that they arrive in time, because there's
a possibility that the Assembly and Senate might recess for quite a period of time,
so we don't want to miss it. We are making progress on Fort Corchaug also in our
efforts--r think everybody's efforts to try to save the site from any development.
226 JULY 12, 1988
11. PUBLIC NOTICES.
SUPERVISOR MURPHY : Okay, moving on to the second item on the Agenda is Public
Notices. There's quite a few of them, there's nine of them. These are on file an
the Town Clerk's B-oulleti:n Board for anyone who is interested, and please comment.
1. U. S. Army. Corps of Engineers,public notice of permits issued during the
month of May.
2. U. S. Army Corps of ,Engineers, announcement of availability of transcripts
of the .public- hearings. held on -February 25, .'1988 and April 21, 1988 concerning an
application: .by. the. New -York Power Authority ,for the proposed Sound Cable Project.
. 3. U.S. Army. Corps of Engineers,. notice of application of Goldsmith's Boat
Shop for bulkhead replacement, ten year maintenance dredging at Town Creek,
Southold. -Comments until- July. 25,. "1988'.:
. . -4. . -U..- S.. Army_ .Corps .of.Engineers,, notice of application of Suffolk County
Department.of Public Works for ten year maintenance dredging with beach disposal
at Stirling -Basin, Greenport.. Comments until July 25, 1988.
. . 5.. - -U.: S.. Army. Corps of_Engineers,. notice of application of Suffolk County
Department of PUb is Works, for ten year maintenance dredging with beach disposal
at Wunneweta_ Pond,. Nassau Point,. .Cutchogue. Comments until July 25, 1988.
6. . .New. York State .Department of Environmental Conservation, notice of applica-
tion of John _Beebe: to subdivide one 2. 2 acre parcel into two 1. 1 acre lots so that .
each lot will have one of two existing houses on it, at the west side of Beebe Drive
between Moose Trail and Fawn' Lane on Eugene.- Creek, Cutchogue. Comments until
July 22, •1988:=
7. .. New,York,State..Department of Environmental .Conservation,. notice of applica-
tion of Gerald .Schultheis.,by JMO Consulting, to replace existing spetic system with
new tank and poo s, requiring setback variance under Tidal Wetlands Land Use Regula-
tions, on Schoolhouse .Creek.,. New.Suffolk. . Comments until 'July :29, 1988.
- . 8. U. S.. Army Corps.of.Engineers,. notice of application of Town of Shelter
Island for floating clam rafts at Menantic, Log Cabin and Fixin Creeks-, Shelter Island
Sound. Comments until July -20,. -1988.'
9. ...New .York State Department of Environmental Conservation, notice of applica-
tion of Cross Sound Ferry Services,. Inc. to maintenance dredge 380 ft. by 315 ft.
ferry slip. to 15 ft. below mean low. water, and resultant 5000 cubic yards of sand
and gravel to be placed on applicant's .adjacent upland property, on' Gardiners Bay,
Orient. - Comments until July 29, :1988.
Ill . COMMUNICATIONS.
SUPERVISOR .MURPHY: There are three communications.
1. Custer 1 nstitute, Inc.: thanking the Town for the 1988 grant of $1,500.
Custer has worked. along with us on Fort Corchaug, and have been helping them.
They've been doing a tremendous job and they have very limited funds, and it is
nice to get a thank you when you do help some of these organizations.
2. Evelyn L. Kuhn expressing her pleasure of attending the dedication and
deed transfer ceremony for the new Town Green, and suggesting that a suitable plaque
be placed somewhere on the Town Green,as. an appropriate tribute to Joseph Hartranft
who was born and died at that location, and was an artist and painter of great repute
in this area.
3. Aurelie D. Stack, Eastern Long Island Quilter's Guild, thanking the Town
for the use of the Recreation Center on June 18th for a quilt display.
IV. PUBLIC HEARING.
SUPERVISOR MURPHY : There is one public hearing (petition of Harold Reese for
a change of zone) scheduled for tonight in fifteen minutes, so we'll move on to the
resolutions.
V. RESOLUTIONS.
SUPERVISOR MURPHY : I would just like to state the Town Board policy that if anyone
would like to address the Town Board on any of the proposed resolutions now is the
time to do it. If you want to just address the Town Board we will have time after
the resolutions and the public hearing to address the Town Board on any matter.
So at this time is there anyone wha :would like to address the Town Board on any
of the proposed resolutions, starting on my left? (No response.) In the middle?
(No response.) Over on the right? (No response.) Hearing none we'll move on
to Resolution No. 1 which is to grant permission.
1.-Moved by Councilwoman -Cochran, seconded by Councilwoman. Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Mattituck Pr sbyterian Church, George E. Gaffga, Coordinator of the CROP
Walk 1988,_ to use the followinq Town Roads in Mattituck and Cutchogue, for their.
Crop Walk route beginning at 1 :00 P.M. , Sunday, October .16, •1988,' provided they
file with the Town Clerk a. Certificate of Insurance naming the Town of Southold as
an additional insured: Moores Lane,, New Suffolk Avenue, Deep Hole Drive, Reeve
Avenue. ""'
JULY 121 1988 227
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 appoint a member of the Tree Committee.
2.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED .that the Town Board of the Town of Southold hereby appoints Ronnie Wacker
as a member of the. .Tree Committee,. effective July 12, 1988 through September 22,
:1988, she -to serve in said position without compensation.
2.-Vote of _th.e Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman
Penny,. Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 3 is to accept a bid.
3.-Moved by Councilman Penny, seconded ny Councilwoman Oliva, it was
RESOLVED :that .the Town Board of the Town of Southold hereby accepts the bid of
Chemung Supply .Corporation for supplying the Town with 10,000 lin. feet, more or
less , of Snow Fence. at $37.47 per 100 foot roll, and 500, more or less, 6 foot studded
steel T..Posts,-at $2.•397 each, all in accordance with the bid specifications.
3.-Vote oche Town Board:. Ayes:. Councilwoman Larsen, Councilwoman Oliva, Councilman
Penny, Councilwoman. Cochran, 'Justice Edwards, Supervisor Murphy.
This resolution was declared 'duly.ADOPTED.
SUPERVISOR MURPHY : All right,. Number 4, Ruth, why don't you grant permission
to the Lioness Club.
4.-Moved. by Councilwoman. Oliva, seconded. by Councilman Penny, it was
RESOLVED Ahat the -Town .Board- of. the Town of Southold hereby grants permission
to the Lioness. Club of.Mattituck to. use Southold Town Property behind the Information
Center on. the north side of Route .25, Laurel, for ,their Fal .Festival to be held on .
October 1, ''1988,: provided they secure and file with the Town Clerk a Certificate of
Insurance .naming- the Town of Southold as an additional insured.
4.-Vote of the Town Board: Ayes: Councilwoman. Larsen, Councilwoman Oliva, Councilman
Penny, Counci woman- Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: . Number 5 is to appoint a Beach Attendant.
5.'-Moved by Justice Edwards, seconded. by Councilwoman Larsen, it was
RESOLVED- that the-Town Board of the Town of Southold hereby appoints Lisa Lennon
as a Beach Attendant, effective immediately for the remainder of the 1988 summer
season., .at a- salary of $4.55 per hour.
S.-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 accept the bid of Mullen Motors for supplying
the Town with one 1988 full size pick up truck. I offer that resolution.
6.-Moved by Supervisor Murphy, seconded. by Councilwoman Larsen, it was
RESOLVED.-'that -the Town .Board of the Town of Southold hereby accepts the bid of
Mullen -Motors, ..I.nc-... for .supplyin the Town with one (1) :1988 Full Size Pick-Up Truck
with-an- 8. :foot bed, at.a.. bid.. price of $1.1,.696..00,. all. in accordance with the Bid
specs i.cation.s:. -
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 accept another bid'.
7.-Moved. by Councilwoman. Cocrhan, seconded by Councilwoman Oliva, it was
RESOLV'ED.'that'-the Town Board of .the. Town of Southold hereby accepts the bid of
C. - B.. Hoober. 8. Son Tnc. for .supplying the Town with one (1) Forklift Attachment
for the grown gear Cub Tractor located at the Landfill Site, Cutchogue, at a bid
price.of.$7,450.00.-delivered and installed, all in accordance with the bid specifications.
7.-Vote of the Town Board: , Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman
Penny, Counci woman. Cochran, Supervisor Murphy. No: Justice Edwards.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number- 8 is to appoint a part-time Public Safety Dispatcher.
8.-Moved--ijy Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED. that the. Town Board of the Town of Southold hereby appoints Holly C.
Parcelluzzi as a part-time Public Safety Dispatcher, effective immediately, at a salary
0 per our.
228 JULY 12, 1988
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 to appoint, Jean Mulligan as a summer Clerk for
the Police Department, effective immediately, l offer that resolution.
9.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Jean Mulligan
as .a summer ,season Clerk for. the Police Department, effective immediately, at a salary
of $5.00 per hour.
9.-Vote of .the Town .Board;, Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilma
Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 10 is to grant permission to the Mattituck Fire Depart-
ment.
10.-Moved by Councilwoman .Larsen, seconded by Councilwoman Oliva, it was
RESOLVED that .the Town Board of the Town of Southold hereby grants permission
to- the Matti tuck., Volunteer. Fire Department to close..Pike Street from Wickham Avenue
to. Love. Lane on Saturday, July 30, •1988•, from 1 :00 P.M. until 1 :00 A.M. , so they
may hod their Annual Street Dance,. provided they secure and file with the Town
Clerk a Certificate of. Insurance naming the Town of Southold as an additional insured.
10.7Vote 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: . N'dmber 11 is to increase the rate of pay for Health Aides.
11.-Moved by Councilwoman Cochran, seconded. by Councilwoman Oliva, it was
RESOLVED. that the- Town-Board .of -the Town of Southold hereby increases, the hourly
rate of pay for. the. following .Health ,Aides in the Senior Adult Day Care Center to
$4.50. per. hour...for- 20 hours per week:. Carolyn Smith, Ann Schmidtchen, Pat Volinski.
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 appoing Frankie Lee Freeman as a weekend
SNAP Driver.. I offer that resolution.
12.-Moved by Supervisor Murphy, seconded. by Councilwoman Cochran, it was
RESOLVED _that the, Town .Board. of. the<Town of Southold hereby appoints Frankie
Lee Freeman as a-.weekend. .SNAP Driver,. effective July. 9, 1988, 5-hours per day,`
.$5.00 per hour.,. and as a Kitchen Aide' for the Nutrition Program, effective July 13,
:19887= 20. hours per.week,. $4. 00 per hour.
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 appoint individuals to the Nutrition, Home
Aide and EISEP Programs.
13:-Moved by. Councilman Penny, seconded. by Councilwoman Oliva, it was
RESOLVED.'that.the-Town .Board of the Town of Southold hereby appoints the. followin
individuals :for. .the. Nutrition Program, _Home Aide Program and EISEP Program:
Danny ,McKnight .as a Nutrition Program. Driver., effective July 25, 1988, at a
salary. o _ .$9,.900.0.0 per annum.
Loraine Murphy. as a Driver in the Home Aide Program,. effective July 13, 1988, -
20 hours per- week, .at a salary- of. $5.00. per. hour.
Kendal Kelly as an EISEP, Aide, effective July 14, :1988, 16 hours per week, at
a_salary.of_.$ .00.per. hour..
13.-Vote of the Town Board: Ayes: Councilwoman. Larsen, Councilwoman Oliva, Councilma
Penny, *Coonci lwoman Cochran, Justice Edward's, Supervisor Murphy.
This resolution was declared duly ADOPTED.
i
SUPERVISOR MURPHY : Number 14 is budget modifications, General Fund, Whole `Town.
14.-Moved by Councilwoman Oliva;- seconded by Councilman Penny, it was
RESOLVED_ that the. Towr..Board of the Town of Southold hereby authorizes the follow-
ing 1988 Budget- modification to the General Fund - Whole Town :
To: A71.90.2 Beaches, Equipment . $ 940. 00 (1)
A8510. 4 STOP Program, Contractual Expenses 5,200. 00 (2)
A9040. 8 Workers. Compensation 18,000.00 (3)
From: A7180. 4 Beaches,: Contractual Expenses $ 940.00
A8160. 4 Refuse S Garbage, Contr. Expenses 5,200. 00
A9010. 8 NYS Retirement 18,000.00
JULY 12, 1988 2 2 9.
(1) To accommodate purchase of swings at, Town Beach; (2) To accommodate additional
STOP Program expenditures' (3) To'`accommodate reduction in Workers Compensation
experience rating credit.
14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman
Penny, Counci woman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is a budget modification to the General Fund,
Part Town.
15.-Moved by4-Councilwoman Larsen, seconded by Councilwoman Cochran, it was
RESOLVED.'that the- Town. Board of the Town of Southold hereby authorizes the follow-
ing .:1988 Budget modifications.to the General Fund - Part Town:
To: B3620.2 Safety Inspection, Equipment $ 225.00
B9040. 8 ' Workers Compensation 34,000.00*
From: B.3620..4 Safety Inspection,. Contractual Expenses $ 225.00
B9015.8 Fire S Police Retirement 31,000.00
B-1-990.4 . Contingent 3,000.00
*- To .accommodate reduction in Workers. Compensation experience rating credit.
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 the expenditure of $900.00 to place
an insert' inSuffolk Life of .'!Tick Talk", a public information newspaper concerning
Lyme Disease. 1 offer that 'resolution. The cost of the printing of this paper was
borne: by the Task Force. from the'South Fork and Suffolk County.
16.-Moved by Supervisor Murphy, seconded. by. Councilwoman Cochran, it was
RESOLVED- that .the. Town. Board of the-Town-of Southold hereby authorizes the.:expend-
iture. of-approximately :$900.00 to. place an insert in The Suffolk Life newspaper. of
"Tick Talk", .a public information newspaper concerning Lyme Disease; said cost to
be a .change.against .the General Fund,- Whole Town.
16.-Vote of the Town_ oard:. Ayes:- Councilwoman Larsen, Councilwoman Oliva, Councilman
Penny,. Councilwoman. Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, Number 17 is .to authorize attendance at a State of
the Bays- Conference.
17.-Moved. by. Councilwoman. Cochran, seconded by Councilwoman Larsen, it was
RESOLVED. that -the -Town. Board of the-Town of Southold hereby authorizes the Town
Board members and one . (.1) . member of .the..Con servation Advisory. Council, and one
(1) .member of the Board of. Town Trustees .to attend the .1988 State of the Bays Confere-
ence on Friday, July .29, .1988 at Southampton. College of Fine Arts Theatre, Southampton,
and the Registration and the' fee for. Lunch in the amount of $15.00, and Banquet
and Annual Meeting fee of $20.00 shall. 'be a. legal charge against:the Town of Southold
:1988 Budget.
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 : And. Number 18 is to set a public hearing. 1 offer that
resolution.
18.-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 Appearance Tickets"; now,
therefore, e i
RESOLVED that the Town Board hereby sets 3:30 P.M. , Tuesday, July 26, 1988,
Southold Town Hall, Main Road, Southold, New York,. as time and p ace for a public
hearing on tht aforesaid proposed Local Law which reads as follows, to wit:
LOCAL LAW NO. - 1988
A Local Law in Relation to Appearance Tickets
BE IT ENACTED by Town Board.-of Board.-of the Town of Sout o d as follows:
1 . Chapter 26 (Appearance Tickets)-'of the Code of the Town of Southold is hereby
amended �, follows:
1. Section 26-2 is amended by adding a new Subsection "E" to read as follows:
E. Ordinance Inspectors and Code Enforcement Officers. Any statute,
local law, ordinance, rule or regulation regarding housing, building,
zoning, fire safety, sanitation, amusement, signs, peddling and any
other areas concerning public order and safety, including, but not
limited to, all Chapters of the Code of the Town of Southold.
II . T=f;_Fs Local Law shall take effect upon its filing with the Secretary of State.
18.-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman
Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
2 3 0 JULY 12, 1988
SUPERVISOR MURPHY : Number 19 is to accept a bond estimate.
19.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bond
estimate in the amount of $69,603. 98 for the major subdivision "Golfview", located
at East Marion, all in accordance with the recommendation of the Southo d Town Planning .
Board and Sidney B. Bowne 6 Son, Consulting Engineers.
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 : Andy N*umb&! 20 is to accept another bond estimate.
20.-Moved by Councilwoman Oliva, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bond
estimate in the amount of $21, 946. 50 for the major. subdivision "East Marion Woods",
located at East Marion, all in accordance with the recommendation of the Southold Town
Planning Board and Sidney B. Bowne S Son, Consulting Engineers.
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 hire an appraiser.
Rescinded 7/26/88 Resolution No.25
21.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
. RESOLVED that the Town Board of the Town of Southold hereby engages the services
of Lewis Edson for the purpose.of.conducting an appraisal of the subdivision of Henry
Arbeeny, Kenneys Road, Southold, so the Town Board may determine the amount of
money to be deposited with the Town in .lieu,of land for park and playground purposes,
all in accordance with Section A106-38 E. (3), Subdivision of Land, of the Code of the
Town of Southold.. _
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 another appraisal.
22.-Moved. by. Councilwoman. Cochran, seconded by. Councilwoman Oliva, it was
RESOLVED. that.the.Town .Board of the Town of Southold hereby engages the services
of. Lewis Edson for the 'purpose.of conducting an appraisal of the subdivision of Nicholas
Aliano, C.R. 48, Peconic..' so the Town Board may determine the amount of money
to be deposited with the Town in lieu of land for park. and playqround purposes,
all in 'accordance, with Section A106-38 E. (3), Subdivis
the. Town. of.Southold. ion of Land, of the Code of
.
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 authorize the renewal of a trailer permit
for a watchman/caretaker trailer. I offer that resolution.
23.-Moved by Supervisor Murphy, seconded. by Justice Edwards, it was
RESOLVED. that the application ;of Northeast Nurserives for renewal of a watchman/care-
taker trailer permit,. for trader located on the south side of Route 48,. Cutchogue,
which permit expires August 8,' •1988, be and hereby is granted for a six (6) month
period__
23.-V.ote 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: It's now 8:00 o'clock and I'd like a resolution to recess in
order to hold-a' public.hearing.
Moved. by Councilwoman Cochran, seconded .by. Councilwoman Oliv it was
RESOLVED. that a recess be called at this time, 8:00 P.M. , ��for the purpose of holding
a public hearing on the petition of Harold Reese for a change of zone from 11C-1" General
lndustrial District to "A" Residential and Agricultural District on certain property
located on the. northerly side of Route 25, East Marion.
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 8:03 P.M.
SUPERVISOR MURPHY : I will reopen the regular Town Board meeting and we will
now make a decision on the Harold Reese change of zonV. petition.
JULY 12, -1988 231
24.-Moved by Justice Edwards, seconded by- Councilwoman Larsen,
WHEREAS, Harold Reese;: by petition dated`April 12, ` 1988, petitioned the Town Board .
for a change of zone on certain property situated at East Marion, Town of Southold,
New York, from "C-1" General Industrial District to "A" Residential and Agricultural
District; and
WHEREAS, said petition was referred to the Southold Town Planning Board and the
Suffolk. County Department of Planning for official recommendation and report; and
WHEREAS,. the Town Board, pursuant to due notice, held a public hearing thereon
on the 12th day of July, 1988, at which time all interested persons were given an
opportunity to. be heard; now, therefore, be it
RESOLVED that Harold Reese be and he hereby is granted the relief 'demanded in
said petition from !'C-1" General Industrial District to "A" Residential and Agricultural
District on all that. certain plot, piece or parcel of land, situate, lying and being at
East Marion,. Town of Southold, County of Suffolk and State of New York, being
bounded and described as follows: Beginning at a point marked by a pipe on the
westerly, line of, land of Harold Reese, Sr. and Harold Reese, Jr. at the northwest
corner of the. land now or formerly of Frank R. Russel, which point is north 77
degrees 35 minutes 27 seconds west 1578.22 feet from Suffolk County Monument No.
10-1243, said' monument. being north 334,063. 87' feet east 2,'460,282. 43 feet in New
York State Plane Coordinate System, Long Island Zone; running south 77 degrees
58 minutes 14 seconds west along the land now or formerly of Ronald Edeen, Jr. ,
a' distance of :1.55. 85 feet; thence south .74 degrees 31 minutes 54 seconds west, still
along the land now or formerly of Ronald Edeen, Jr. , a distance of 59.26 feet -to the
land now or formerly of Frank E. and Ethel M. Begora; thence south 78 degrees 29
minutes 54 seconds west along the land now or formerly of Frank E. and Ethel M.
Begora, a distance of .295. 42. feet; thence south 27 degrees 28 minutes 06 seconds
east still along the land now .or formerly of Frank E. and Ethel M. Begora, a distance .
of 11. 58 feet to the land now or formerly of Myron S. Brown; thence south 76 degrees.
28 minutes 04 seconds west along the land now or formerly of Myron B. Brown, a
distance of 180'.74 feet to the land now or formerly of Robert S. and Helen M. Koch;
thence north 24 degrees 08 minutes 36 seconds west along the land now or formerly
of Robert S. and Helen M: Koch and along land now or formerly of Dorothy E. Cook,
a distance of 932. 76 feet; thence south 65 degrees 51 minutes 24 seconds .west still
along the land now or formerly of Dorothy E. Cook, a distance of 137.75 feet; thence
north 24 degrees 41 minutes 56 seconds west still along the land now or formerly of
Dorothy E.- Cook, a distance of 529. 80 feet; thence north 23 degrees 47 minutes_ 16
seconds west still along the land now or formerly of Dorothy .E. Cook, a distance of
269.74 feet; thence north 65 degrees 51 minutes 34 seconds east still along the land
now or formerly of Dorothy E. Cook, a distance of 141. 21 feet; thence north 24 degrees
08 minutes 36 seconds west still along the land now or formerly of Dorothy E. Cook,
a" distance of 206.00 feet; thence north 25 degrees '26 minutes 56 seconds west still
along the land now or formerly of Dorothy E. Cook, a distance of 311.78 feet to the
land now or formerly of Ott Uhl, Jr. , and other; thence north 61 degrees 16 minutes
04 seconds east along the land now or formerly of Otto Uhl, Jr., and others, a distance
of 156.76 feet to the land now or formerly of Spencer Terry, Jr. ; thence south 25
degrees 31 minutes 36 seconds east along the land now or formerly of Spencer Terry,
Jr. , a distance of 836. 45 feet; thence north 65 degrees 47 minutes 54 seconds east,
still along the land now or formerly of Spencer Terry, Jr. , a distance of 288. 00 feet
to land now or formerly of Harold Reese, Sr. and Harold Reese, Jr. ; thence along
the land of Harold Reese, Sr. and Harold Reese, Jr. , the following ten (1) courses
and distances: (1) south 24 degrees 12 minutes 06 seconds east, a distance of 114. 00
feet; (2) north. 63 degrees 38 minutes 54 seconds east, a distance of 132. 47 feet; (3)
south 31 degrees 31 minutes 06 seconds east, a distance of 365. 92 .feet; (4) south
26 degrees 17 minutes 26 seconds east, a distance of 243.77 feet; (5) south 27 degrees
12 minutes 56 seconds east, a distance of 125..51 feet; (6) south 25 degrees 15 minutes
46 seconds east, a distance of .89'.21 feet; (7) south 26 degrees 13 minutes 26 seconds .
east, a distance of 340. 95 feet; (8): south 26 degrees 01 minutes. 36 seconds east,
a distance of 84.75 feet; (9) south 27 degrees 23 minutes 06 seconds east, a distance
of 92-49 feet; (.10) south 24 degrees 53 minutes 26 seconds east, a distance of 106.94
feet to the point br place of beginning.
24.-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Councilman
.Fenny, oun i woman Cochran, Justice Edwards, Supervisor Murphy.
This .resolution .,was 'declared duly ADOPTED.
SUPERVISOR MURPHY : Okay, wLT have one more final resolution which we'll hold
for the very end. At this time I'd like to ask any Town Board members if they have
any further--comments, starting- on my right with Ruth.
COUNCILWOMAN OLIVA: Yes, Frank has been privileged to be elected as a delegate
to the New York convention in Atlanta, Georgia which will be held next week, so we'll
all be looking for him on TV and I hope he has a wonderful time. It should be
fascinating.
SUPERVISOR MURPHY: Thank you. Quite an honor. George?
COUNCILMAN PENNY: Nothing at this time, thank you.
SUPERVISOR MURPHY : Jean?
2' 12 JULY 12, 1988
COUNCILWOMAN COCHRAN: I'd just like to apologize to Ann Schmidtchen for mis-
pronouncing her name earlier. 1 sometimes get going so fast with these resolutions
you stumble over your own tongue. Thank you.
SUPERVISOR MURPHY : Maybe I should borrow your jacket so you can spot me at
the convention.
COUNCILWOMAN COCHRAN : Well, I don't always watch the Democratic Convention.
have from time to time. I used to watch both of them, but I will certainly turn
in this year, Frank, and we expect you to give a wave and we'll wave back.
SUPERVISOR MURPHY: Okay. Ellen?
COUNCILWOMAN LARSEN : Have a great time, Frank.
SUPERVISOR MURPHY : Thank you. Raymond? .
JUSTICE EDWARDS : Enjoy, Frank.
SUPERVISOR MURPHY:. . Okay. . Now, is 'there anyone in the audience would like to
address' the Town Board on any matter?. - Sir.'
ALFONSE MARASEL: My name is Alfonse Marasel. I would like to ask--find out what
will. be done about the bird gun right near us? It was started appropriately on July
the 4th. Next day the same thing. Now,. I spoke to this farmer last year and he
said he would no. longer use it unless he would take it down by the Bay a mile and
a half away. . Now all of a sudden he started again. What can be done about it? I
spoke to Lieutenant Droskoski, ,_Stash, and he said there's nothing you can do unless
the Town Board. decides this is a violation of the Southold Town Code.
SUPERVISOR MURPHY : At the present time it is. not in violation of the Town. Code.
ALFONSE MARASEL: Why .is that?
SUPERVISOR MURPHY : We don't have any code against it.
ALFONSE MARASEL: I'd like to read to you the definition of a .Code;.:.,The systemati ',y
arranged and comprehensive collection of laws." Ism1t that a Code? Isn't that a law?
It's a law against it. according to the Southold. Code, "prohibited uses in all districts"
SUPERVISOR MURPHY : I would suggest maybe whatever you have that you're .talking
about. maybe contact the Town Attorney in Town Hall, call him during the day, and
refer to what you're talking about and he'll look it up. for you.
ALFONSE MARASEL: In the meantime we can. be annoyed by this noise. He hasn't
been doing it now--since as I said just two days, July 4th and the Sth. I haven't
heard it.' I don't know if 'it's .him' that's .using that particular gun now, but I heard
it this- morning. Stash said that if they use it at night he would get a summons.
TOWN ATTORNEY .SCHONDEBARE: Sir, let me talk to you after the meeting and
show me what you have and you and I will discuss it. Okay?
ALFONSE MARASEL: Yes.
SUPERVISOR MURPHY :, Thank you, sir: Anyone else like to comment to the Town
Board? Dave?
DAVID ROSENBERG: My name is David Rosenberg, President and owner of the Old
Mill Inn in Mattituck. Since the last Town Board meeting granting the Town Attorney
all and any measures assuring the people of Southold their safety by closing the Old
Mill Inn because of non-conformance or not having a existing Building Code, I'm a
little surprised no mention has been made of it at this meeting as to a recent court
order. I'd like _to state that in the Supreme Court for the County of Suffolk, Honora,
Joseph Colby signed an Order to Show Cause 'upon the Town of Southold at the Supreme
Court, Griffing Avenue, Riverhead-,_on.Ahe 20th day of July at 9:30 A.M. or soon
thereafter, showing that why the Town of Southold should close me. The Town at
that Supreme Court hearing on Friday, it was their position that I should be closed
immediately. I'd like to know what the position of the Town Board is now concerning
my restaurant so that 1, can prepare for whatever measures 1 have to and continue
with my business.
SUPERVISOR MURPHY . Dave, I think this is litigation and we can't discuss it `here
with you.
TOWN ATTORNEY SCHONDEBARE: . You have an attorney who has appeared in the
action to represent you. Neither I nor this Town Board can talk to you directly.
We have to talk and discuss it with your attorney. -_M` other words your brother,
and we can't discuss it with you, and it's on for July 20th as l remember it.
JULY 12, 1988 2 3
DAVID ROSENBERG: Right, in the Supreme Court.
TOWN ATTORNEY SCHONDEBARE: And the Board was informed of the Court's decision
during its Work Session by me today.
DAVID ROSENBERG: Okay. All right. Thank you.
SUPERVISOR MURPHY: Thank you, Dave. Anyone else like to address the Town
Board? (No response.) Okay, if not I would like to add a final resolution tonight
with great sorrow.
25.-Moved by Supervisor Murphy, seconded by the Entire Town Board,
WHEREAS, this Board has, learned with deep sorrow of the death of CAROL A. BOLGER,
former member of the Board of.Assessment Review;. and
WHEREAS, in her service.to..the people of the Town of Southold since November 7,
'1985 Mrs. Bolger distinguished herself as a dedicated and conscientious public
servant; and
WHEREAS, the Town Board of the Town of Southold wishes to give formal expression
of its loss in the death of. CAROL A. BOLGER, a woman esteemed by her associates
and respected. by all; now, therefore,. be it
RESOLVED that when the Town Board adjourns this day it does so out of respect
to the memory of CAROL A. BOLGER; and be it further
RESOLVED 'that a copy of this resolution. be spread upon the minutes of this Town
Board meeting and a copy be transmitted to the family of CAROL A. 'BOLGER that
we,-may extend to them our sincere sympathy.
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: . Okay, at this 'point I would like a resolution to adjourn and
thank everybody for coming out tonight.
Moved. by. Councilman Penny, seconded by. Councilwoman Cochran, it was
RESOLVED -that. this.Town Board meeting. be and hereby is adjourned at 8: 10 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.
[� ith T.. Terry
Southold Town Clerk
4