HomeMy WebLinkAboutTB-03/08/1988 6 3
SOUTHOLD TOWN BOARD
MARCH 8, 1988
WORK SESSION
Present: Supervisor Francis J . Murphy, Justice Raymond W. Edw_ards (9:30 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 (11:55 A.M.) .
9:15 A.M. - The Board met with Bookkeeper John Cushman to review Fiscal Advisors,
Inc. recommendation that certain Bond Anticipation Notes be converted to bonds by
combining the issues with the Open Space Issue. In combining these issues with
the Open Space. Isse, the average life of the twenty year issue is reduced from 11. 4
years to 9. 1 years. It is estimated that the bond would sett for approximately 7.1%.
9:30•A.M. - For Discussion items:. (1) Letter. from the .North Fork Environmental
Council urging an overall policy be developed for unused potato barns. Referred
to the Planning Board and Planner Scopaz for comments. (2) Proposed agreement
for a fire alarm agreement with the Town of Shelter Island and Shelter Island Heights.
Board had originally accepted Shelter Island, and will amend resolution to include
the Heights (see resolution no. 38)•. (3) Discussion relative to the expiration .of the
terms of Landmark Preservation .Commission members Bear, Peters and Williams. Board
agreed. to reappoint for another two years (see resolution no. 26) . Letter to Chief
Winters and the Town Board from' Trustee President Bredemeyer requesting authority
for the -Bay Constables to sample certain shellfish lands and transport them to Suffolk
County Department of Health Services laboratories. (5) Letter from Trustee President
Bredemeyer to the Town Board asking _questions relative to Larry Penny and his
associate John Aldred. Town Attorney Schondebare will respond. (6) Discussion
with Assessor Chairman Watts relative to a possible increase in the Town aged exemption
from $9,000 to $12,000. Town Attorney Schondebare asked to draw a local law for
this increase.- (7) Resolution of the Town Trustees for Trustee President Bredemeyer
to petition the Town Board for funding for equipment to allow the Trustees to monitor
the creeks more than the county or the DEC will provide. Supervisor Murphy stated
there is money in the budget for the purchase of an incubator and additional Media
and he will sign a purchase order for same. (8) Receipt of the Draft Generic Environ—
mental Impact Statement on the proposed Local Lw amending the Town of Southold
Zoning Ordinance and Map. Board agreed to hold a'separate hearing on the GEIS
on..April 26th (see resolutions no. 39 8 40) . ( 9) Letter from the Greenport-Southold
Chamber of Commerce requesting permission to locate a memorial plaque at the Greenport
Tourist Information Booth in memory of William Smith and Harry Smith. Board has
no objection. (10) Trailer permit renewal for Walter and Frank Sawicki (see resolution
no. 28. (1.1) Letter from..Town Historian Antonia Booth asking the Town Board if
they would like to place an ad in the Long Island Form, a magazine devoted to Long
Island history,. which will publish a 50th anniversary edition in May. Ad rates are
very high and Board does not. wish' to be included. (12) Memorandum from Account
Clerk Barbara Rudder asking the Town Board if they intended to .include the Benefit''
Fund in their resolutions of ,February-.2nd granting Arnold Wilson and Alan Faszczewski
leaves of absence. Yes, Board intended to include the Benefit Fund. (13) Letter
from the Board of Elections with respect to use of room space, telephones on special
election day March 29th - okay. Their request to two town patrol cars - suggest
they use Sheriff cars, and suitcase distribution in Town Hall lobby on Saturday,
March 26th - s.pggest they us police headquarters. Supervisor will respond. (14)
Trailer permit renewal for Martin Sidor (see resolution no. 29) .
10: 10 A.M. - Town Historian Antonia Booth met with the Board to advise them that
she spoke to Southwold, England on Saturday and they are planning a time capsule
for their upcoming anniversary celebration and would like Southold Town to supply
material for the capsule._ Mrs. Booth asked the Board to think about what material
they would like to submit...
4 MARCH 8, 1988
10:25 A.M. - J . Royal Gifford, North Fork Animal Welfare Lea ue, Inc. , introduced
Doug Cassidy who made a slide presentation on animal shelters.
11:35 A.M. - Architect Garrett Strang. met with the Board to discuss preparing plans
and specifications for going to bid for the administrative area of the Dog Pound.
Mr. Strang with check with Town Attorney Schondebare relative to how far the Town
can go in breaking down the bids into individual trades. The Animal League has
volunteered to oversee the day to day construction and coordination.
11:55 A.M. - Superintendent of Highways Jacobs, Planning Board Chairman Orlowski,
and Planner Valerie Scopaz met with the Board to discuss road specifications for
minor subdivisions. They will schedule a meeting with the Highway Committee to
work out a proposal for presentation to the Town Board.
EXECUTIVE SESSION
12: 30 P.M. - Town Board Negotiator Charles Graves met with the Board to discuss
the CSEA contract .negotiations, following which the Town Board discussed personnel,
and the possible purchase of property.
1 :20 P.M. - Recess for lunch.
2:35 P.M. - Work Session reconvened and the Board reviewed resolutions for the
regular meeting.
3:20 P.M. - Audit.of outstanding vouchers.
4:00 P.M. - Work Session adjourned.
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, March
8, 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. Schondebare
SUPERVISOR MURPHY: The first order of business is a resolution approving the
audit of the bills of March 8th, 1988..
Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOJLVED that the following audited bills be and hereby are approved for payment:
General Fund Whole Town bills in the amount of $130,760. 84; General Fund Part Town
bills in the amount of $45,2:49.61 Highway Whole Town bills in the amount of $78, 985.36;
Highway Part Town bills in the amount of $4,901 .04; Fishers Island Sewer District -
bills in the amount of $115. 00; Fishers-Island Ferry District bills in the -amount of
$4,886:84; Agericy E Trust bills in the amount of $3,774. 03; Fishers Island Ferry
District Agency Z Trust bills in the amount of $184. 92; Nutrition Fund bills in the
amount of $8, 819.36; Adult Day Care Program bills in the amount of $1'00.00; SNAP
Program bills in the amount of $5, 945. 18; Wastewater Capital. Account bills in the
amount of $8,004. 00; Computer Capital Account bills in the amount of $727. 48;
Community Development Fund bills in the amount of $819.36.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. _
This resolution was declared duly ADOPTED.
SUPERVISOR MURRHY : Next is a resolution approving -the minutes of the Town- Board
meetings of February 2nd, 1988 and February 23rd, 1988.
MARCH 8, 1988 65
Moved by Justice Edwards; seconded--..by- Councilwoman Larsen, it was
RESOLVED that the minutes of the February 2, 1988 and February 23, 1988 Regular
Southold Town Board meetings be and hereby are approved.
Vote of the Town Board: Ayes:, Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor 'Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Okay, we have two special proclamations. The first is proclaim-
ing June 1st, 1988. as Employment Opportunity Day in the Town of Southold. Here's
the proclamation it will be presented to the organization.
Moved by Supervisor Murphy, seconded by the Entire Town Board,
WHEREAS , we proudly support the efforts of the Western Suffolk Counselors' Association,
which on June. 1st, 1988 will sponsor its 21st ANNUAL EMPLOYMENT DAY in the
County of Suffolk; and
WHEREAS, during this time, prospective employers will provide information to graduating
high school students who may subsequently have the opportunity to submit resumes
and respond to personal interviews; and
WHEREAS, students may thus gain access to entry level employment opportunities
now, or in the near future; now, therefore, be it
RESOLVED that the Town Board of the Town of SOuthold hereby proclaims JUNE
1, 1988 as EMPLOYMENT OPPORTUNITY DAY in the Town of Southold in support
of Western Suffolk Counselors' Association's goals and cooperation with the business
community which seeks the resource of local youth for its employment requirements.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: The second one is the Southold Town Board proclaims March
22, .1988 as Business/Education Partnership Day, and this will be presented.to the
organization in honor of this very special day.
Moved by Supervisor Murphy, seconded by .the Entire Town Board,
WHEREAS, the Town of Southold proudly supports the' efforts of the coalition of private
and public sector organizations which are jointly sponsoring a conference entitled
"Business and Education - Partners for Productivity", which will be held at the Royce
Carlin Hotel on Tuesday, March 22, 1988; and
WHEREAS, the objectives of the conference are to spark Long Island businesses and
industries to consider new options for attracting,- retaining, and developing the
employees they need, and to encourage those in the adult education field to structure
course offerings to reflect the needs of the business community; --and
WHEREAS, the exploration of ways in which business and education can cooperate
will enhnace and benefit the Long Island business community and employees alike;
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold, by virtue of-the authority
vested in them, hereby proclaim MARCH 22, 1988 as "BUSINESS/EDUCATION PARTNER-
SHIP DAY" in the Town of Southold.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Moving on, we need a resolution setting the next meeting -
date for March 22nd, 1988, 7:30 P.M.-, Southold Town Hall.
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the next Regular Meeting of the Southold Town Board will be held
at 7:30 P.M. , Tuesday, March 22, 1988, at the Southold Town Hall, Main Road, Southold
New York.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
I . REPORTS.
SUPERVISOR MURPHY :' The firstAtem on the agenda are Reports. These reports,
for anyone who would like to look at them, are on' file in the Town Clerk's Office.
1. Building Department - monthly report - February, 1988.-
2. Town Clerk - monthly report - February, 11988.
3. Dog Shelter - monthly report - February, 1988.
4. (a) Recreat-ion Department - monthly report - February, 1988.
4. (b) Minutes of February 22, 1988 Recreation Advisory Board meeting.
4.(c) 1988 Spring Recreation Brochure.
5. Town Trustees - monthly report - February, 1988.
6. Police.Department _ monthly report - February, 1988.
7. Town Justice Price - monthly, report - February, . 1988.
8. 1 would at this time ask the Councilmen -f-,they have anything special to
report-, starting on my left with Judge Edwards.
6 6 MARCH 8, 1988
JUSTICE EDWARDS : I have nothing to report, just a question to ask Mr. Schondebare
if he got any word from Mr. Yakaboski in regards to the Garbage District on Fishers
Island and so forth?
TOWN ATTORNEY SCHONDEBARE: Mr. Yakaboski was to call me back. He was
on the other line when I spoke to his office at the time which was about 3:00 o'clock
this afternoon, and as of 7:34 1 haven't heard yet.
JUSTIC EDWARDS : Thank you. Ridiculous. Thank you, Frank.
SUPERVISOR MURPHY : Ellen.
COUNCILWOMAN LARSEN : Yes, Frank. On Wednesday, February 24th, I attended
the Town Trustee meeting with .a follow-up on our. boat ramps, and reviewed the
Trustee proposals that we have before us tonight on the marine monitoring, which
is consistent with the recommendations of the Brown Tide Task Force, and my own
recommendation on monitoring both point and non-point pollution sources for cumulative
effects on Peconic Bay. On February 25th we--several of us attended the STOP
Program ltmeeting--Stop Throwing Out Pollutants--with the DEC representatives for
the final review pursuant to our permit implementation and. the opening of our building.
On March 2nd I attended the Code Committee meeting, which Ruth will be reporting
on, and on Thursday, March 3rd I attended the Brown Tide Task Force meeting.
On Tuesday, yesterday afternoon, we reviewed the Requests for Proposals with Dr.
Eliot Epstein on our landfill, and discussed the 260 permitting rom the DEC pursuant
to our hydrologicaF testing. And that's about it, Frank. Thank you.
SUPERVISOR MURPHY : Thank you,. Ellen. Jean?
COUNCILWOMAN COCHRAN : Yes. As I'm sure many of you are aware, we had a
meeting with the Greenport Village Trustees. I felt it was a positive meeting. Once
again opening up. lines of communication. We met in relation to some of the problems
at our scavenger waste plant, and also some of the problems we face in relation to
water. Then I was fortunate enough to go down to Florida and visit my daughter
in Coco. Beach for a week. It was pleasant. She's happy, and we're happy. Upon
returning on Sunday my schedule started quite hectically. At 11 :15 we did meet
with Dr. Epstein and members of the DEC and H2M in relation to our landfill and
Requests for Proposals. It was our opportunity for input. Following that I raced
up to Laurel Lake. As you may be aware several--at least a year, year and a half
ago, I had developed a proposal in relation to perhaps developing Laurel Lake as
a facility which could be used by many of our handicapped, and have access to
handicapped. So we do have a contract with the New York State DEC in relation
to using the area as fishing access. The DEC felt that we could very easily begin
to open this up. as far as developing a park. So I was quite pleased. The first
thing that we're going to do, and they're going to be assisting us in is is as far
as the erosion of the bank line. The rest is to follow. Thank you.
SUPERVISOR MURPHY: Thank you, Jean. It's an excellent start. As you realize
we've been trying to do this for many years, and hopefull with your effort it's going
to work. I know you proposed it, what three years ago?
COUNCILWOMAN COCHRAN : At least two, Frank. At least two.
SUPERVISOR MURPHY : George?
COUNCILMAN PENNY: Yes. On the 24th we had a meeting of the Commerce and
Industry Committee where we discussed several key items. One was the status of
the Master Plan, which is going to be mentioned in resolutions later. Other items
of interest to the Chambers was the ten acre water shed protection area, and the
Southold-Greenport meeting on water, economic impact statements on proposed. actions.
The Chamber has been proposing that this be addressed and it is still up for discussion.
Dog control in general in the Town, the possibility of a Town-owned golf course,
and a memorial. plaque to be placed at the Greenport-Southold Chamber building in
memory of two dedicated members of the Chamber, Harry Smith and William Smith.
We also have to check into the parking lot--what's happened with our parking lot
at the Laurel Booth. That seems' to- be a timely--good time to be starting on it and
getting it completed, because there's going to be a parking .problem there this summer.
I rr:at also with the Village of Greenport on sewer and water, which has been reported
on. On the 3rd I attended the Code Committee meeting. That's all. Thank you.
SUPERVISOR MURPHY : Thank you, George. Ruth?
COUNCILWOMAN OLIVA: Thank you, Frank. On February 24th. I also attended
the Commerce and Industry Committee which George has reported on. On February
25th I attended the STOP meeting with the DEC where -we explained our on-site house-
hold hazardous waste building with Bob Becker. It was a constructive meeting to
iron out the details and the DEC was most impresseg by our Used Battery Collection
Program. They though it was really very good. Also on February 25th we�.had
a very good meeting with the Village Trustees of Greenport. On February 29th I
MARCH 8, 1988 67
attended the special Brown Water Protection Area Advisory Committee with Valerie
Scopaz. Rick Hanley, the Riverhead Planner, gave us an update on their proposed
Master Plan. The Suffolk County Department of Health Services give us an excellent
presentation on the oil spills at Holtsville and Setauket. The clean up on both sites
will take up to ten years at a cost of millions of dollars. Both were cause by pipe
problems. One a lose fitting in a pipe, and the other just a quarter inch hole in
another pipe, not leakage from the tanks itself, and I 'm glad I don't live near them.
On March 2nd we had a Code Committee meeting. We discussed fences and accessory
uses in "B" and "C" zones, which there is nothing in the Code pertaining to that.
We hope to have a definition of a bluff and how to protect them from erosion. We
discuss the jurisdiction of the Trustees and the ZBA vis a vis the wetlands ordinace
and the zoning. We discussed with the Trustees a proposed ordinance for an in-
kind, in-place functional bulkhead which would not need a permit. We discussed
overlapping jurisdictions, among many other things. On March" 3rd I attended the
ZBA;, and on March 7th we met with Dr. Epstein, H2M and the DEC on Requests for
Tor Proposals and the 360 permit application for the Southold Landfill. Thank you,
Frank.
SUPERVISOR MURPHY: All right, thanks, Ruth. As you can see everybody's been
quite busy. I 'd just like to add a couple of little things.. The construction permit
for the STOP Program has. been received and we will have the building in p ace.
We have it on site. It will be in place and properly set up by the_ end of the month
without. any problems at all. We're making very good progress on the Landfill and
our future plans to have a landfill after 1990. The only other I would like to comment
on--and- it's I think what makes Southold Town so great, Sunday I .attended the Special
Olympics for the handicapped. . It was a bowling contest held throughout Suffolk
County, and this is their first step in going on to bigger and better things, and
it really was i fantastic. But the thing that was most impressive was the spirit and
the numbers of volunteers. There were senior citizens, there was the American Legion,
our. own Bob Neville, the husband of Betty Neville, who's the County Commander,
coordinated this whole thing for the Legion., The Lions Club, the Kiwanis, the high
schools. It really was fantastic to see all these people helping others who are less
fortunate than we were. One boy in particular who is a Senior in Mattituck High
School--five years ago came over from Vietnam, could not even speak the language.
He moved in with a family who volunteered to take him, did a fantastic job. He has
not only overcome the language barrier., but know he is an honor student in. Mattituck
High School as a Senior, and he was there volunteering his services to help those,
and four, five, six years ago he came from probably worse situations than some of
these handicapped adults were. So it really is fantastic to see:
11 . PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to the second item on the agenda are Public Notices.
1. . It's good ..news for all, Dimension Cable Services, a rate increase for 1988.
They have been doing a pretty good lob and they have been most cooperative. When
I first came on to the Town Board seven, eight years ago, the biggest complaint
here, and Supervisor's Office, Bill Pell's office at the time, used to receive I would
say literally forty, fifty complaints a day about service with Cablevision. If we get
one or two complaints a month now it really is high. The cooperation has been
fantastic.
Ill . COMMUNICATIONS.
SUPERVISOR MURPHY: We have two communications.
1. A concern about Cablevision payment schedules (from F. H. Boss)which
they are working out. with him. . .
2. A letter from John F. deReeder thanking us for the use of our Rec Center
for the Peconic Bay Yacht Racing Association's 1988 sailing seminar.
IV. -PUBLIC HEARINGS. (To be held at 8:00 P.M. , and 8:05 P.M. )
8:00 P.M. - Proposed "Local Law in relation to Bazaars, Fairs, Circuses and' Public
Entertainment.". 8:05 P.M. - Proposed "Local Law -in relation to Open Space or Open
Area Preservation.
V. RESOLUTIONS.
SUPERVISOR MURPHY: We'll ove on to item V, the Resolutions. At this time I would
like to state the Town Board's policy: at this time anyone who would like to address
the Town Board on any proposed resolutions, please do so at this time. I f anyone
wants to address the Town Board on any other matters after we're finished the public
hearings and the resolutions, you will be given a chance to speak. - So at this time
is there anyone who would like to speak on any of the proposed resolutions? Over
on the left? Middle? On the right? (No response.) Hearing none, we'll move on
to. the'`'first resolution which is to accept .a bid.
68 MARCH 8, 1988
This resolution rescinded by Res. No. 20-6/28188
1.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of K i nney Motors, Inc. , which. bid includes five trade-ins, in the amount of
$74,234. 00, for supplying the Town with six (6) 1988 Special Police Type Vehicles,
all in accordance with the bid specifications.
1 --Vote of the Town Board: -Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 is to approve the payment of dues and expenses
to the Suffolk County and New York State Association for our Town Attorney and
Assistant Town Attorney. I offer that resolution.
2.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the payment
of 1988 Suffolk County and New York State Association dues to the Town Attorney
and Assistant Town Attorney, and expenses incurred with respect to said associations.
2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 3' is to accept a resignation.
3.-Moved by Councilwoman Oliva, seconded by the Entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret,
the resignation of Ralph Condit II as a member of the Southold Town Conservation
Advisory Council, effective March 25, 1988, and extends to Mr. Condit their sincere
appreciation for the time and expertise he has devoted to this position.
SUPERVISOR MURPHY: I would like to have it entered that everyone seconded,
and he was a excellent, excellent member and he will be missed.
3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 4 is to advertise for resumes.
4.-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 resumes to fill the vacancy on the Conservation
Advisory Council created by the resignation of Ralph Condit If .
4.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is to authorize the attendance at a conference.
5.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold. hereby authorizes Police
Officers Martin Flatley and Kevin Lynch to attend a Law Enforcement Awareness Seminar
on Satanism and Cults to be held at Warwick, Rhode Island on April 18, 19, 20, 1988,
and the actual costs for meals, lodging and travel shall be a legal charge against
the Juvenile Aide.Bureau 1988 budget;. and be it further
RESOLVED that the Town Board hereby authorizes a cash advance of $475.00 and
prepaid registration of $290.00. for this seminar.
5.-Vote .of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISO_� MURPHY: Number 6 we're going to hold (designating the week of Ma •
20 through March .26, 1988 as National -Free Paper- Week) . Number 7 is to set a pu
hearing.
7.-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 the Regulation and Control
of Alarm Systems", now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M. , Tuesday, March 22, 1988,.
Southold Town Hall, Main. Road, Southold,- New York, as, time and place for a public
hearing on the aforesaid Local Law which reads as follows, to wit:
LOCAL LAW NO. - 1988
• A Local Law in Relation to the Regulation
and Control of Alarm Systems
MARCH 8, 1988 .7
BE IT ENACTED by the Town Boa"rd""— he:•Town-of Southold as follows:
I . Section 24-2 is amended by deleting the term "ALARM AGENT" and its definition.
Section 24-3 (A) is amended by deleting the word "person".
Section 24-3 (B) (2) is deleted.
Section 24-3 (C) (3) is deleted.
Section 24-4 (B) is deleted.
Section 24-6 is amended by deleting the term "alarm agent" from the third sentence.
Section 24-10 is amended to read as follows:
Any person, firm or corporation who does not pay any charge or fee estab-
lished in this chapter shall be subject to a fine not in excess of two hundred fifty
dollars ($250.00) for each offense. A separate offense shall be deemed committed upon
each day during which a violation occurs or is committed, and such violation shall be
construed as a violation against this Chapter.
II . This Local Law shall take effect upon its filing with the Secretary of State.
7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, .Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is to execute an agreement.
8.-Moved by Councilwoman Larsen, 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,
Home Services Division, Office for the Aging, for an. amendment to the SNAP (Supple-
mental Nutrition Assistance) Program, increasing the amount payable to $45,366. 00.
8.-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number_ 9 is to authorize the attendance at a training course.
9.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Public
Safety.Dispatchers James Fogarty and Lois Atkinson to attend a Public Safety Tele-
communi.cator Training Course, sponsored by the Bethlehem Police Department at
Delmar, New York, on March 28, 1988, and the necessary expenses for meals, travel
and lodging shall be a legal charge against the 1988 Police Department budget.
9.-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to set a public hearing, 8:00 P.M. , April 5th,
1988, on the change of zone petition of Pudge Corp.. /James Gray Sr. , Route 48. .. I
offer that resolution.
10.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, fudge Corporation/James L. Gray, Sr. , by petition dated January 29, 1988,
petitioned the Town Board of the Town of Southold for a change of zone on certain
property located on the northwesterly corner of Middle Road (C. R. 48) and Cox Lane,
Cutchogue, from "A" Residential and Agricultural District to "C" Light Industrial
District; said property bounded and described as follows: Beginning at a point on
the northerly side of Middle Road (C.R. 48) at the southwest corner adjoining land of
John Wickha; running thence along. said land the following two (2) courses and
distances: (1) North 56 degrees 55 minutes 50 seconds West 270 feet; (2) South 23
degrees 14 minutes West 100.73 feet to land of Southold Town;r running thence along
said land North 57 degrees 17 minutes 50 seconds West 180.71 feet to other land of
the party of the first part ; thence along said land North 29 degrees 30 minutes 40
seconds East 707.52 feet to the westerly line of Cox Lane; thence along said line South
60 degrees 29 minutes 20 seconds East 369 feet; thence on an acr bearing to the right
with a radius of 71.51 feet, 122.80 feet to the northerly line of Middle Road (C. R. 48) ;
thence along said line on an arc with a radius of 1969. 86 feet a distance of-377.37 feet;
thence South 26 degrees 14 minutes 30"seconds West 175. 95 feet to the point or place
of beginning; rand _
WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planni_nc_
have prepared official reports and'-recommendations on the aforesaid petition; now,
therefore, be it -
RESOLVED that the Town Board hereby sets 8:00 P.M. , Tuesday; April 5, 1988, Southol
Town Hall, Main Road, Southold, New York, as time and place for a public hearing on
the petition of Pudge Corporation/James L. Gray, Sr. for a change of zone, at which
time any person desiring. to be heard on the above petition should appear at the time
and place above so specified ; and be it further
RESOLVED that the Town Clerk be and she hereby is authorized• and directed to cause
notice of said hearing to be .published in the official newspapers pursuant to the require
ments of law.
10.-Vote of the Town. Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, .Council-
man Penny, Councilwoman Cochran, Justice- Edward.-,, Supervisor Murphy.
This resolution was declared duly. ADOPTED .
70 MARCH 8, 1988
SUPERVISOR MURPHY : Number 11 is to authorize the attendance at a training seminar.
11.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of SOuthold hereby authorizes Bay
Constable Kent McCarthy to attend a Marine Law Enforcement Training Seminar to
be held at Lake Luzerne, New York, on May 2 through 6, 1988, and the necessary
charges for meals, travel and. lodging shall be a legal charge against the Bay
Constable 1988 budget.
11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED .
SUPERVISOR MURPHY: And Number 12 is to accept the resignation of Tracy Glover
as a Work/Study Clerk in the Accounting Department. I offer .that resolution.
12.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret,
the resignation of Tracy Glover, a Work/Study Clerk in the Accounting Department,
effective immediately.'
12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 13 is to waive surety and maintenance bonds.
13.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby waives the Surety
and Maintenance Bond provisions of the Highway Excavation Law of the Town of Southold
with respect to the application of the Vi lage of Greenport to install a water main
extension along 'the southerly side of Main Bayview Road, .Southold, from Angel Shores
Subdivision, west of Sunset Lane, to The Cove, east of Cedar Avenue.
13.-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED .
SUPERVISOR MURPHY : And Number 14 is to authorize a refund.
14.-Moved by Councilwoman Oliva, seconded by Councilman Penny, , it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the .refu:
of $24.00 to Hoppy's Cleaners, Greenport, which amount represents a permit fee
for an Alarm Owner's Permit (Hoppy's Cleaners is in the Village of Greenport, and
not under the jurisdiction of the Alarm Law)
14.-Vote of the. Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is. to set .another public hearing.
15.-Moved by Councilman Penny, seconded by Councilwoman Oliva,
WHEREAS, Richard W. Corazzini, by petition dated February 1, 1988, petitioned the
Town Board of the Town of Southold for a change of zone on certain property located
on the westerly side of Cox. Lane, Cutchogue, from "A" Residential and Agricultural
District to "C-1" General Industrial. District; said property bounded and described as
follows: Beginning at a point on the westerly line of Cox Lane at the northea"st corner
of the premises herein described and the southeast corner of the land of Glover running
thence along the westerly line of Cox Lane South 60 degrees 29 minutes 20 seconds East
382. 38 feet to other land of the party of the first part; running thence along said land
South 29 degrees 30 minutes 40 seconds West 707. 52 feet to land of the Town of Southold
running thence along said land North 57 degrees 17 minutes 50 seconds West 502.38 feet
to land of Glover; running thence along said land the following three (3) courses and
distances: (1) North 22 degrees 20 minutes 50 seconds East 101.00 feet; thence (2) 1tf
57 degrees 17 minutes East 40. 0 feet; thence (3) North 38 degrees 30 minutes 40 sec is
East 5.88.,84 feet to the southerly side of Cox:.Lane, the point or place of beginning; d.
WHEREAS, the Southold Town Planning Board and the Suffolk County Department of
Planning have prepared official reports and recommendations on the aforesaid petition;
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:05 P.M. , Tuesday; April 5, 1988,
Southold Town Hall, Main Road, Southold, New York as time and place for a public
hearing on the petition of Richard W. Corazzini for a change of zone at which time
any person desiring to be heard on the above petition should appear at the time and
place above so specified ; and be it further
RESOLVED that the Town Clerk be and she hereby is authorized- and directed to cause
notice of said hearing to be published in the official newspapers pursuant to the require-
ments of law.
15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice'Edward-v, Supervisor Murphy.
This resolution was declared duly`ADOPTED.
MARCH 8, 1988 71
SUPERVISOR MURPHY : Number 16 is 'to 'execute" an agreement between the Environ-
mental Facilities Corporation and the Town for reimbursement for part of our cost
for the Household Hazardous. Waste storage building. I offer that resolution.
16.-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 New York
State Environmental Facilities Corporation and the Town of Southold for the provision
of certain services to the Corporation in connection with Household Hazardous Waste
Management, for the term February 10, 1988 to March 31, 1988, the Town to receive
$6,795.00 on March 15, 1988 and March 31, 1988; said agreement subject to the approval
of Town Attorney Schondebare.
16.-Vote of the Town Board: Ayes : Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: , And Number 17 is a budget modification.
17.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow-
ing 1987 Budget modifications to the General Fund Whole Town:
To: A1010. 1 Town Board, Personal Services $1,500. 00
From: A1420. 1 Town Attorney, Personal Services $1,500. 00.
17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny," Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED. -
SUPERVISOR MURPHY: Number 18 is to authorize the attendance at another conference.
18.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that -the.-Town Board of the Town of Southold hereby authorizes Senior
Bay Constable Donald Dzenkowski to attend a Boating While Impaired Boater Recognition
Program to be held at. Lake Luzerne, New York, on May 2 through 5, 1988, and the
necessary expenses for meals, travel 'and lodging shall be a legal charge against
the Bay. Constable •1988 budget.
18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, .Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 19 is to authorize an advanced fee payment.
19.-Moved by Councilwoman Cochran, seconded by Justice Edwards, 'it was .
RESOLVED .that the Town Board of the Town of Southold hereby authorizes an advanced
fee payment in the amount of $451.50 for the senior citizen bus trip to The Cloisters
on April 19, .1988 and April 26, 1988 (check made payable to The Metropolitan Museum
of Art) ; said charge to be made to A7620. 4, Adult Recreation.
19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED .
SUPERVISOR MURPHY: Number 20 is to authorize an advanced fee payment for a
senior citizen bus trip to the Bronx Zoo for $188:.00, same program. This, l might_
add, these fees are all reimbursed .to the Town after, but we have to have the author-
ization to advance it. I offer that resolution..
20.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of, Southold hereby authorizes an advanced
fee payment in the amount of $188. 00 for the May 18, 1988 senior citizen bus trip
to the Bronx Zoo (94 tickets @ $2. 00 each = $188. 00, check made payable to The
New York Zoological Society) ; said charge to be made to A7620. 4, Adult Recreation.
20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny; Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY And Number 21 is to authorize a $50. 00 petty cash fund
to the Town Historian. I offer that-'resolution.
21.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the issuance
of a $50.00 petty cash fund to Town Historian Antonia Booth.
21.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman O_liva," Council- .
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This- resolution was. declared duly ADOPTED.
72 MARCH 8, 1988
SUPERVISOR MURPHY : And Number 22 is to authorize the installation of two street
lights.
22.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Commissioner
of Public Works Raymond L. Jacobs to install two (2) street lights, as follows: (#1.)
Intersection of Reeve Avenue and Mill Road, Mattituck, Pole #97 (requires secondary
lines) . (#2.) Intersection of Reeve Avenue and Sea Aire Lane, Mattituck,' Pole #10.
22.-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 23 is to grant permission to use the Town Ro-
23.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Village Commons Health & Racquet Club to hold a Biathlon race on May 15,
1988,- using the following Town Roads: New Suffolk Avenue, Grathwohl Road, New
Suffolk Road, Depot Lane, Kennys Road, Soundview Avenue, Mill Road, Oregon Road;
provided they secure and file with the Town Clerk a Certificate of Insurance naming
the Town of SOuthold as an additional insured; and be it further
RESP LVED that the Town Board grants permission to the Village Commons Health
8 Racquet Club to use the public parking field located on the easterly side of .New
Suffolk Lane, Cutcho ue, opposite the Cutchogue. Fire House, as an assembly point
for ,his Biathlon.
23.-Vote of th;e Town Board: . Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to execute a release.
24.-Moved 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 release to the County of Suffolk with respect
to.the County dredging project in and around Gull Pond, whereby the Town releases,
holds harmless, and forever discharges the County of Suffolk and the Suffolk. Count
Department of Public Works from any and all liability, suit or claims that may arise
from damage to the Town owned bulkhead which is already damaged and in need of
repairs. _
24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED .
SUPERVISOR MURPHY : Number 25 is a budget modification for the 1988 Budget.
25.-Moved by Justice Edwards, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow-
ing 1988 Budget modification. to the General Fund - Whole Town:
Appropriations
To: A8160. 4 Refuse & Garbage, Contractual Expenses $400,000.00
Revenues
To: A599 Appropriated Fund Balance $400,000. 00
Provision for various. projects at Landfill in connection with composting of municipal
solid waste and sludge.
SUPERVISOR MURPHY: Ray,' I 'm very happy to see you offering a resolution for
our Landfill. In deference. to that I think we should all vote "no". , I 'll second it.
25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Supervisor Murphy. No: Justice Edwards.
This resolutLon was declared duly ADOPTED.
SUPERVISOR MURPHY: I might just comment-on this very large amount of money.
There was surplus. and rather than bond the cost--the anticipated costs_ and contracts _
that we're entering into to do the testing and drilling of the wells and to make the
application for: the( permit to keep our Landfill open in 1990 and also to start the
RFP and the permit process for a composting system. We're very- happy that we
had surplus funds where we don't have to bond the Town an additional debt. It's
going to be high enough later on. Number 26 is reappointments of three members
to the Landmark Preservation..Commission.
26.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the- Town Board of the Town of Southold hereby reappoints Ralph
O. Williams, William Peters, and Joy Bear as members-of the Landmark Preservation
Commission, effective April 5, 1988 through April 5, 1990, they to serve in .said positions
without compensation. ;,,
MARCH 8, 1988 73
26.-Vote of the Town Board; Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED .
SUPERVISOR MURPHY : Okay, it's now 8:00 o'clock. I 'd like a resolution to recess
to hold the two public hearings.
Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it "was
RESOLVED that a recess be called at this time, 8:00 P.M. , for the purpose of holding
two public hearings: 8:00 P.M. - Proposed "Local Law in relation to Bazaars, Fairs,
Circuses and Public Entertainment." 8:05 R.M. - Proposed "Local Law in relation
to Open Space or Open Area Preservation."
Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny,. Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened at 8:15 P.M.
SUPERVISOR MURPHY: I would like to reopen the Town Board meeting to Resolution
No . 27, which is to disband a committee.
27.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby disbands the Southold
Town Tercentenary Committee, and directs that their funds and .assets be transferred
to the 350th Anniversary Celebration Committee, under the supervision of the Town
Clerk.
27.-Vote .of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was .declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 28 is a trailer permit renewal.
28.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the application of Walter and Frank Sawicki for renewal of their single
family house trailer. permit, said trailer used to house farm help, and located on the
north side of Old. North Road, Southold, which permit expires. on March 23, 1988,
be and hereby is granted for a. six (6) month. period.
28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number. .29 is another trailer permit for Martin Sidor.
29.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the application of Martin Sidor for renewal of his single family house
trailer permit, said trailer used to house trainees under the National 4H Agricultural
Program, and located on the south side of Oregon Road, Mattituck, which permit
expires on March 23, 1988, be and hereby is granted for a six ( 6) month period.
29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 30. is to accept another proposal.
Terminated 2/6/90 by resol. #15a.
30.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town Board hereby accepts the. proposal,
dated January 18, 1988, from Holzmacher, McLendon & Murrell, P.C. , to prepare
a Part 360 application, pursuant to the New York State Department of Environmental
Conservation's requirements, and conduct a Hydrogeolo is Field Investigation for
expansion of the Cutchogue Landfill, necessitated due to the NYS-DEC's concern
over groundwater contamination from landfilling, and- the potentibl of prior activities
at the site impacting groundwater quality.
30.-Vote of the Town Board: Ayes: Councilwoman 'Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor. Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 . is to ask the DEC to amend a* permit for Deep
Hole Creek.
31.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby requests the New
York State Department of Environmental Conservation to amend the Suffolk County
Department of Public Works' permit for the dredging of Deep Hole Creek to increase
the-,depty from 4 feet to 6 feet; and be it further
74 MARCH 8, 1988
RESOLVED that the Town Board hereby requests the New York State Department
of Environmental Conservation to permit the dredging spoil from the Wickham Creek
dredging project to be placed on the John Wickham property, as has been done historica.
whereas the placement of spoil at the end of Pequash Avenue by method of hydraulic
dredge is cost prohibitive.
31 .-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice. Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 32 is to request an informational meeting.
32.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby requests the New
York State Department of Environmental Conservation to hold an informational meetir
with the Town Board, Town Trustees and Orient property owners to discuss the
DEC's proposed acquisition of property around .Hallocks Bay, Orient.
SUPERVISOR MURPHY : I would like to comment on this. I really don't think we
should be doing this. I think we're putting the whole process in jeopardy, and I
would like to--if the Town would like to have a meeting--a meeting with the DEC
in Executive Session where they could explain to us what they're doing on their
acquistion program. I think we're putting it in jeopardy doing this at this time.
think we're way premature. That's my comment. And in light of what Ruth has
reported tonight on her discussion with the DEC.
COUNCILMAN PENNY: I have a letter here from 17 property owners that have requestec
this from the Town, and they feel that the Town is their avenue, their approach,
their doorway to the DEC, and I feel that by us acting in Executive Session with
the DEC will not give the people that have requested this information the answers
directly and will not alleviate the concerns that they have. I will not read this letter
at this time, but. I would like it read into the record--the Town Clerk's record--
since it does come from the entire group of property.owners down there (this letter
is read into the record by Councilman Penny at the conclusion of the resolution part
of this -meeting) .
COUNCILWOMAN OLIVA: May I make a comment too, Frank? 1 do understand that
the DEC is in possession of a letter that was written to the Governor asking him
to come down and meet with the landowners, and the Governor's office sent a very
nice letter back saying that it was not under his jurisdiction to come down, and he
referred them again to Stony Brook here, the DEC in Stony Brook. And being as
there is not any concrete proposal at this time, the DEC in Stony Brook is still
accumulating data, map information, appraisals, that they. really do not have a
definitive program at this time. I would like to have Mr. Berger come down and
explain to the Town Board first, and then if we are not satisfied with that, then
ask for an informational aneeting. Thank you.
SUPERVISOR MURPHY : Any other comments? (No response.)
Vote on Resolution No. 32:
32.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Justice
Edwards. No: Councilwoman Larsen, Councilwoman Oliva, Supervisor Murphy.
This resolution was declared LOST.
SUPERVISOR MURPHY: Number 33 is to authorize a bond resolution for the purchase
of a 4-yard Payloader for the Department of Public Works in the amount of $150,000.
1 offer that, resolution.
33.=Moved by Supervisor Murphy, seconded by Councilwoman Oliva,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MARCH
8, •1988, AUTHORIZING PURCHASE OF A 4-YARD PAYLOADER WITH CLAMPS FOR
USE BY THE DEPARTMENT OF PUBLIC WORKS, STATING THE EXTIMATED MAXIMU" CC
THEREOF IS $150,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZ
THE ISSUANCE OF $150,000 SERIAL BONDS:�.,QF SAID TOWN TO FINANCE SAID _
APPROPRIATION.
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 purchase a 4-yard payloader with clamps
for use by the Department of Public Works of the Town. The estimated maximum
cost of said specific object or purpose, including preliminary costs. and 'costs incidental
thereto and the financing thereof, is $150,000 and said amount is hereby appropriated
therefor. The plan of financing includes the issuance. of. $150,000_ serial bonds of-
the Town to finance said appropriation, . and the levy. and colleciton of taxes- o.n all
the taxable real property in the Town to pay the principal of-said bonds and the
interest thereon as the same shall become d-ue and-.-payable.
MARCH 8, 1988 75
Section 2. Serial bonds of the Town A in the principal amount of $150,00, 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 said appropriation. ,
Section 3. The following additional matters are hereby determined and declaired:
(a) The period of probable usefulness of said specific object or purpose for
which said $150,000 serial bonds authorized pursuant to this resolution are to be
issued, within the limitations of Section 11 .00 a. 28 of the Law, is fifteen ( 15) years;
however, the bonds authorized pursuant to this resolution or any bond anticipation
notes issued in anticipation of the sale of such bonds shall mature no later than five
(5) years fromt he date of original issuance of such bonds or notes.
(b) Current funds are not required by the Law to be provided as a down payment
1 prior to the issuance of the bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with Section .107. 00 d. 4 of the
Law.
(c) The proposed. maturity of the bonds authorized by this resolution will not
exceed five (5) years.
Secton 4. Each of the bonds authorized by this resolution and any bond anticipatior
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 bonds and any notes issued 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 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 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 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 bonds herein authorized and of any bond anticipation notes issued in anticipation
of said bonds, and the renewals of said notes, are hereby delegated to the Supervisor,
the chief fiscal officer of the Town.
1 Section 6. The validity of the 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- obligations are authorized in violation of the provisions of the.
constitution.
Section 7. This bond resolution shall take effect immediately, and the Town
Clerk is hereby authorised and directed to publish the foregoing resolution, in full,
together with a Notice attached in substantially the form prescribed by S 81. 00 of .
the Law in "The Long Island Traveler-Watchman," a newspaper published in Southold,
New York, and in "The Suffolk Times," a newspaper published in Greenport, New
York, each having a general circulation in the Town and hereby designated the official
newspapers of said Town for such publication.
33.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Supervisor Murphy. No: Justice Edwards.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 34 is to authorize the Town Clerk to advertise
for .bids for this Payloader.
34.-Moved by. Councilwoman Oliva, 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 bids 'for the purchase of one (1) new or used 4-Yard
Payloader with clamps for. the Department of Public Works, all in' accordance with
the bid specifications. _
34.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Supervisor Murphy. No: Justice Edwards.
This resolution was -declared duly ADOPTED .
SUPERVISOR MURPHY : And Number 35, and my authority as the Supervisor- under
Town Law, I appoint John A. Cushman as my Bookkeeper.
COU& 1 nn_e�.�—n�rrnr-r-" T-nJc, a.n l raisE,, a uesd etrr, 0,0 t it t The Tc win Board
Create Elie positiani.,
SUPERVRS.OR ., iU1R`P"Y. 7tus an exempt PDsjition.
76 MARCH 8, 1988
COUNCILMAN PENNY: No, it's in the State Law, and Jay should have. . . . . .
SUPERVISOR MURPHY: Is that correct, Jay?
COUNCILWOMAN LARSEN : He's not here.
COUNCILMAN PENNY: The Town Board has to create that position the way I read
it in the State Law.
SUPERVISOR MURPHY : Okay, we'll create it first. Fine.
COUNCILMAN PENNY: The Supervisor has a right to fill it, but we have to create
it.
SUPERVISOR MURPHY: Number 35(a) is to create the position. I offer that resolu' .
35.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby creates the exempt
-.position. of Bookkeeper, effective March 10, 1988; and be it further
RESOLVED that the Town Board, in accordance with Section 29, Subsection 15 of
the New York State Town law, hereby authorizes Supervisor Francis J . Murphy to
designate a Bookkeeper.
35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
(a) man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
35.-SUPERVISOR MURPHY: Now, 35(b) , my authority as the Supervisor, I appoint
(b) John A. Cushman II as my Bookeeper.
SUPERVISOR MURPHY: Number 35(c) is to set a salary of $30,000 a year, effective
March 10th.
35.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
(c) RESOLVED that the Town Board of the Town of Southold hereby sets the salary of
Bookkeeper John A. Cushman H . at $30,000.00 per annum, effective March 10, 1988.
35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
(c) man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED .
SUPERVISOR MURPHY: And Number 36 is a resolution abolishing the position of
Accountant. I offer that resolution.
36.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby abolishes the position
of Accountant, effective March 10, 1988.
36.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was.declared duly ADOPTED .
SUPERVISOR MURPHY : Number 37, Jean?
37.-Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of Tim Rumph, RLA, to provide a Master Plan at a lump sum fee of $400. 00, and
a Construction Plan at a lump sum fee of $700. 00, for the Town of Southold property
at Laurel Lake, said fee to be paid by Community Development Funds FY 13; and
be it further
RESOLVED that Supervisor Francis J . Murphy be and he hereby is authorized to
execute the acceptance of this proposal upon the approval of Town Attorney Schondebare
37.-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution- was declared duly ADOPTED.
i
SUPERVISOR MURPHY : Number 38 is to amend a prior resolution.
38.=Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
_Resolution No. 23, adopted on December 1, 1987, authorizing the Supervisor to execute
an agreement with the Shelter Island Fire Alarm District, to read: "execute an_ agreement
between the Shelter Island Fire District and Shelter Island Heights Fire District". .
38.-.Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman O-liva; Council-
;;;on �Pn:n_v. Councilwoman Cochran, Justice Edwards, Supervisor .Murphy.
This resolution was• aec
SUPERVISOR MURPHY: Number 39 is to accept the Generic Environmental
Statement.
MARCH 8, 1988 77
39.-Moved by Councilwoman Larsen, secan'ded----'by ,Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Generic
Environmental Impact Statement with respect to the proposed "Local Law to amend
the Southold Town Zoning Code and the Zoning Map incorporated therein, -to implement,
in who—le or in part, the recommendations of the Master Plan Update prepared by
the Planning Board."
COUNCILMAN PENNY: I'd like to make a comment at this time. We're called upon
to accept the Generic Impact Statement. I just want to make 1:L4- 4-
clear that I am
abstaining on this because I am not personally happy with the, Generic Environmental
Impact Statement, and I am hoping that this will be passed on to the public. I don't
want to stand in the way of this being passed on to the public. I won't vote against
it. I feel that there are some serious flaws in it and I hope to have the public address
them. So I will be abstaining on this vote.
SUPERVISOR MURPHY: Any other comments?
COUNCILWOMAN LARSEN.: Well, I think we all agreed on that today, that we find
flaws, but we're going to once again put it before the public and this is the way
to get it to the public.
COUNCILWOMAN COCHRAN : I think we have to keep in mind it's a-Generic Impact.
It's not site specific, but it does state that there will be site specific impact statements
done on particular development as it comes along, so I think when it's a generic
you have to keep in mind that it's not going to go into the depth that we would like
to see at this point. I .think it's! important that we accept this, and that it helps
us move along in the direction of adopting our Master Plan for this community of
Southold. I think a great deal of damage has been done because.we have not to
this point put a Master Plan in place. I do not even say that our Master Plan is
a perfect" piece of work, because it certainly is not. But I feel that fit is something
that we should get..-in place, that we will have the opportunity as we work with it,
to make the necessary changes. A Master Plan is a comprehensive tool that is used
in relation to planning. Our Master Plan is not carved in stone, it's flexible, , it's
going to be reviewed yearly. But I think it's most important. Look around the
community and .see what's happening. I think,-.,it's best that we move as quickly as
we can to get this in place. Thank yob-.
SUPERVISOR MURPHY: My only comment is that I think we should be doing the
zoning with it.
COUNCILWOMAN COCHRAN : Well, I think it will be confusing to the public. I. think
we should deal with the environmental first, and as quickly as possible head directly
to the Master Plan, Frank. Call for the vote.
SUPERVISOR MURPHY: Anyone else? Ellen? Ray? Ruth? (No response.)
39.-Vote of the Town Board: Ayes: Councilwoman Larsen, Counci.lwoman Oliva, Council-
woman Cochran, Justice Edwards, Supervisor Murphy. Abstain: Councilman Penny.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 40 is to set a public hearing, 2:00 P.M. to
5:00 P.M and 7:00 P.M. to 9:00 P.M. , on Tuesday, April 26th, Southold Town Hall
for this public hearing. I offer this.
40.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 2:00 P.M. to
5:00 P.M. and 7:00 P.M. to 9:00 P.M. , Tuesday, April 26, 1988, Southold Town
Hall, Main Road., Southold, New York, as time and place for a public hearing on
the Generic Environmental Impact Statement with regard to the proposed 'Local Law
to amend the Southold Town Zoning Code and Zoning Map incorporated therein, to
implement, in whole or in part, the recommendations of the Master. Plan Update prepared
by the Planning Board."
40.-Vote of the Town -Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, S-upervisor Murphy.
This resolution was declared duly., kDOPTED.
SUPERVISOR MURPHY : Number 41 ..and 42 1 might comment- before'e hand. I just
spoke to Ken LaValle's Legislative Aide Brian Murphy in .Albany about 5:00 o'clock
tonight, and he asked that we. pass this Home Rule Message for the Senate and the
Assembly, even though we're quite sure that it's going to be amended and we're
going to have to- submit another Home Rule Message. Just as a procedure' he would
like it done, so out of deference to Senator Ken LaValle, who has 'beon.,a great
supporter of this bill, I think we should givehim-what he's asking and send him
the-1'Ome Rule Message of support. I offer No. 41, the enactment of Senate bill
No. S .3058-A, relative to an act establishing a Southold Land Preservation Bank.
I offer that resolution. Any question? (No response. )
78 MARCH 8, 1988
41 .-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the
Town of Southold hereby requests the enactment of Senate bill No . S . 3058-A, entitled
"AN ACT establishing the Southold land preservation bank to preserve, acquire,
hold and manage certain real property in the town of Southold, county of Suffolk
and providing for the repeal of certain provisions upon expiration thereof." It is
hereby declared that a necessity exists for the enactment of such legislation, and
that the Town Board does not have the power to enact such legislation by local law.
41.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED .
SUPERVISOR MURPHY: And Number 42 is a resolution requesting the enactment
of Assembly bill No. A. 4042-A relative to an act establishing a Southold Land Preser for
Bank, .a sister bill to the Senate. I offer' that resolution.
42.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the
Town of Southold hereby requests the enactment of Assembly bill No. A. 4042-A,
entitled "AN ACT establishing the Southold land preservation bank to preserve, acquire,
hold and manage certain real property in the town of Southold, county of Suffolk
and providing for the repeal of certain provisions upon expiration thereof." It is
hereby declared that a necessity exists for the enactment of such legislation and
that the Town Board does not have the power to enact: such legislation by local law.
42.-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 43 is to execute a contract.
43.-Moved by Councilwoman Larsen, 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 a contract between AT&T and the Town
of Southold for the installation .of additional telephone lines in the Southold Town
Hall.
43.-Vote of the'Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 44 is to set a public hearing.
44.-Moved by Councilwoman Oliva, seconded by Justice Edwards,
WHEREAS,. there has been presented to the Town Board of the Town of Southold a
proposed Local Law entitled, "A Local Law in Relation to Boats, Docks and Wharves",
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:02 P.M. , Tuesday, March 22, 1988,
Southold Town Hall, Main Road, Southold, New York, as time and place for a ,aublic
hearing on the aforesaid proposed Local Law which reads as follows, to wit:
LOCAL LAW NO. - 1988
A Local Law in Relation to Boats, Docks and Wharves
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Section 32-51 is amended by adding subsection F to read as follows:
F. It shall be unlawful. for any person served with a notice of violation
pursuant to section 32-51.0 to fail to comply with such notice:
Section.. 32-53 is amended by amending the title of said section to read:
Compliance required; penalties for offenses.
Section 32-53 is amended by renumbering existing subsections A and B to
B and C, respectively.
Section 32-53 is amended by adding subsection A to read as follows:
A. It shall be unlawful for any owner, occupant, builder, architect,
c(antractor or their agents or any other person to fail to comply with
any'provision of this chapter, or to fail in any manner to comply with
a written notice, directive or othay- of the Say Constable, or to conduct
any operation in a manner not in compliance with a permit issued pursuant
to this chapter.
H . This Local Law shall take effect upon its filing with the Secretary of State.
44.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED .
COUNCILWOMAN LARSEN : I would like to add that this was sitting for 'at least a
year and a half. I 'm glad to see we've got a Town Attorney. . .
COUNCILWOMAN. COCHRAN : What Frank and I were just saying. It's good to. see
these Local Laws coming. down the pike, because they've been -buried for a while.
SUPERVISOR MURPHY : We dried .up. These Local Laws all have to .do with-enforce-
ment.
MARCH 8, 1988 79
COUNCILWOMAN OLIVA: Which our former ADA, Bob Berntsson, has picked up
in our Code, that you might have had the violation, but there was no way to really
enforce it.
SUPERVISOR MURPHY: Number 45 is to set another public hearing.
45.-Moved by Councilwoman Larsen, seconded by Justice Edwards,
WHEREAS , there has been presented to the Town Board of the Town of Southold a
proposed Local Law entitled, "A Local Law ir. Relation to Scavenger Wastes", now,
tt ere oref
RESOLVED that the Town Board hereby sets 8:05 P.M. , Tuesday, March 22, 1988,
Southold Town Hall, Main Road, Southold, New York as time and place for a public
hearing on the proposed Local Law which reads as follows, to wit:
LOCAL LAW NO. - 1988
A Local Law in Relation to Scavenger Wastes
BE IT ENACTED by the Town Board of the Town' of Southold, as follows:
I . Section 75-11.2 is amended by addirg suLsecticr. F to read as follows:
F. It shall be unlawful for any person served with a notice of
violation pursuant to section 7E-11.2.0 to fail to comply with such
notice.
Section 75-11. 3 is amended by amending the title of said section to read:
Compliance required ; penalties for offenses.
Section 75-11.3 is amended by renurn,bering existing subsections A and B to
B and C, respectively.
Section 75-11. 3 is amended by adding subsection A to read as follcws:
A. It shall be unlawful. for any carter, owner, occupant, builder,
architect, contractor or their agents or any other person to fail to
comply with any provision of this chapter, or to fail in any manner
to comply with a written notice, directive or order of the Inspector,
or to conduct any operation in a manner not in compliance with a
permit issued pursuant to this chapter.
II . This Local Law shall take effect upon its filing with the Secretary of State.
45.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 46 is to set another public hearing.
46.-Moved by Councilwoman Oliva, 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 Wetlands", now, therefore,
be it
RESOLVED that the Town Board hereby sets 8:07 P.M. , Tuesday, March 22, 1988,
Southold Town Hall, Main Road, Southold, New York as time and place for a public•
hearing on the proposed Local Law which reads as follows, to wit:
LOCAL LAW NO. - 1.988
A Local Law in Relation to Wetlands
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I . 'Section 97-31 is amended by adding subsection F to read as follows:
F. It shall be unlawful for any person served with a notice of violation
pursuant to section 97.31.0 to fail to comply with such notice.
Section 97-33 is amended by amending the title of said section to read:
Compliance required ; penalties for offenses.
Section -97-33 is amended by renumbering existing subsections A and B to
B and C, respectively.
Section 97-33 is amended by adding subsection A to read as follows:
A. It shall be unlawful for any owner, occupant, builder, architect,
contractor, or their agents or any other person to fail to comply with
any provision of this chapter, or to fail in arty manner to comply with
a written notice, directive or order of the-Bay Constable, or to conduct
any operation in a manner not in compliance with a permit issued pursuant
to this chapter.
I I . This Local Law shall_ take effect upon its filing with the. Secretary_ of State.
46..-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man enny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared. duly ADOPTED .
SUPERVISOR MURPHY : Now would you like to, as Number 47, enact the Local Law
that we had the public hearing on where there no comments on, Bazaars, .Fairs,-
etcetera? (Yes.) I offer that resolution.
80 MARCH 8, 1988
47.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS , a proposed Local Law No. 1 - 1988 was introduced at a meeting of this
Board held on the 23rd day of February, 1988; and
WHEREAS , a public hearing was held thereon by this Board on the 8th day of March,
1988, at which time all interested persons were given an opportunity to be heard
thereon, now, therefore, be it
RESOLVED that Local Law No. 1 - 1988 be enacted as follows:
LOCAL LAW NO. 1 - 1988
A Local Law in relation to Bazaars,
Fairs, Circuses and Public Entertainment
BE IT ENACTED by the Town Board of the Town of Southold as follows: (additions
indicated by underline, deletions by [brackets]) .:
Chapter 27 (Bazaars, Fairs, Circuses and Public Entertainment) of the Code o
the Town of Southold is amended as follows
I . Subsection B of Section 27-1 is amended to provide as follows:
B. Nothing herein or in the foregoing shall apply to bazaars, fairs,
carnivals and circuses and other public outdoor shows and entertainments
that are approved, in writing, by the Town [Board] Clerk and held in
the town under the sole management and for the profit of local fraternal,
charitable or religious organizations.
H . Subsection C of Section 27-1 is amended to provide as follows:
C. All applications to the Town [Board] Clerk for permits shall be in
writing and shall supply the name and address of the organization and its
officers making such application and the nature of the affair, that the
same is for charitable purposes, the length of time contemplated and the
exact location where the same is to be conducted.
III . This Local Law shall take effect upon its filing with the Secretary of State.
47.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man 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. At
this time I would like to ask any Town Board members if they have anything further
to comment on, starting on my right with Ruth?
COUNCILWOMAN OLIVA: Nothing at this time. Thank you, Frank.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Yes, at this time, for the benefit of the audience, I would
like to read the letter from the Orient community, the people that feel intimidated
by the DEC and have -called on, the Town to interact with the DEC and hold informative
discussions which did not go through tonight. "Dear Councilman Penny: Subject:
State Purchase of Wetlands Around Hallocks Bay. Attached is a note from the Orient
people who own the small amount of the circumference of Hallocks Bay this is not
already protected. Orient is no different from most other country villages on Long
Island and probably in New York State. It has been "discovered" and many city
people have moved here as retirees or as weekend residents. As they move in they
like Orient and want to prohibit other people from moving in. They try to do this
by getting various branches of Government to take action such as Zoning, Building
Restriction, Public Take Over, etc. These actions and harassment of land owners
encourage rapid land sales and development because the developers want to get ahead
of proposed new regulations. This. is not unique to Orient; the same thing happens
in lots of places. The theory they express is that the land should be controlled
for the good. of the majority with apparently no concern for the interest of the land
owners. So, we land owners want you to know that we are here too, and we feel
that your plan to force us to sell is unconstitutional. I n the past few years a large
part ,of Orient has been sold and is in various stages of development. We land owners
are among the very few who have not sold or developed land. We are not new comers.
The land has been in our families for 100 to 200 years. We want to keep it open
and we .do not want to sell. We all own land behind these wet lands which give us
access to the water. This adds a great deal to the value of the uplands. The Stat
threat 'to, buy. our land will force us into expensive legal action which is unnecessar
No more than seven or eight houses could be built on the land not already ady protected
and seven or eight houses, if they- were ever built, will not have any effect on the
bay. - Before yoiu go too far toward buying our land, we would like to discuss with
you other ideas that will limit building close to the water and still give us access
to the water. We, the undersigned, just wonder why the State would want to buy
the "Meadows" in Orient after what has transpirted in the years since environmental
and conservation groups .have outlawed and overrides the old tried and true conservatior
practices. Since their inception, we have had a complete deterioration of our marine
resources culminating in the Brown Tide. . A million dollar sxallop industry is gone;
the last oyster shop closed its doors ; mussels and -soft clams are a thing of the past,
though a few hard clams have survived. Also gone are the jobs associated with these
industries. Many people were able to supplement their diets, -including senior citizens
on fixed incomes, with the..bounties of the seas. Q£s. we .said, we want' to be able
MARCH 8, 1988 81
to use our wet lands for access to ,the".4va-ter2. and we do not want to sell our meadows.
They have been in our families for generations. Signed, Orient Meadow Land Owners
Association by: Henry Sledjeski, Lloyd E. Terry, Henry W. Burden, Howard J . Hoey,
Marion L. Edwards, Constance J . Terry, Hope T. Gillispie, John B. Tuthill, Mary
Louise Blank, Peter Blank Jr. , Margaret L. Strachan, Katherine Droskoski, Irving
Latham, Jeanne Brawner, David M. Brawner, Edward W. Latham, Mark S. Droskoski."
I would have hoped that this Town would have been receptive to sit down with the
DEC and discuss, not the acquisition of the land, but the constraints that these
people would have been dealing with if the State is to fulfill this. This is all they're
asking, and I 'm sorry but. tonight they didn't get this.
SUPERVISOR MURPHY: Anything else; George?
COUNCILMAN PENNY: No, thank you.
SUPERVISOR MURPHY : Ellen?
COUNCI LWOMAN LARSEN : I 'm sure that Frank will have a letter going out first
thing in the morning, George, asking Harold Berger .to come and discuss this with
the Southold Town Board, and to review that letter and will. make us aware exactly
where they are at the acquisition stage. No one has said that we are not going to
sit down and met with them, but they are in a very sensitive stage. I think what
we're really looking at here is what type of legacy will we leave for Southold Town
in the years to come. Yes, the Orient landowners have done an excellent job at
preserving the area today, but 50 or 100 years from now, with the increased. pressures
on development, what will be left? Before we rule out. the DEC I think we should
sit down and listen to what they have proposed. As I said before I 'm familiar with
East Hampton Town, Nappauge, many areas the State have acquired have remained
relatively pristine, they're not overrun,. people have access to their property, and
the assurance is given that the areas will be preserved in the future for the future.
There's very little left 'in Southold Town right now. Hallocks Bay is a major area.
This has been here since .1972, there has been no effort on. the Town Board to acquire
Hallocks Bay in the past and there was no effort made by the landowners to do this
in the past, and there was no effort made by the Trustees. In fact every "permit
that ever came before the Trustees for house construction, no matter what the topo-
graphical elevations were, if they were 18 inches, was granted. So there is a concern
whether Hallocks Bay will remained preserved in the future. If the landowners are
concerned with the presevation, if that's what they have kept forever, I think that
they can give the- Town Board another two or three weeks to sit down with Harold
Berger to find out. whether their concerns are- an overreaction, .what the DEC is going
to offer us., and then we can take it from there.
SUPERVISOR MURPHY: Thank you,. Ellen. Jean, I'm sorry, I bypassed you. ,
COUNCILWOMAN COCHRAN: That's quite all right, Mr. Supervisor. Just in response
to a little of what Ellen just said, I don't think the matter of ruling out the DEC--
I think it's a matter that these people who have been landowners, many of them for
100, 200, 300 years, want the right to sit down and first hand have the opportunity
for information, and I think anyone has this right, and if it was my land that I owned
I certainly would want to have the opportunity to sit down with those that are trying
to purchase, that 1 could have my questions answered. And I think this is what
we were looking for, to help serve those landowners. I have question: I'm curious''
as to what channel television is with us. this evening?
ANSWER: Dimension Cable Services, Channel 25.
COUNCILWOMAN COCHRAN: Channel 25. Will you be recording all Board meetings?
ANSWER: Yes.
SUPERVISOR MURPHY: When can we see this great -event?
ANSWER :. This will be on Monday night--Monday afternoon.
COUNCILWOMAN -COCHRAN : I jLt 'think it's great because it certainly is a service
to the community so that more and more people can see how their local government
functions. Thank you.
SUPERVISOR MURPHY : . It's wonderful, I think. It's an excellent program, and
I might add its a part of.Dimension Cable living up to the contract that they agreed
to. I think they've done an excellent job. Ray?
JUST-ICE EDWARDS:.. Maybe I could borrow a "tape to take over to Fishers I stand
inasmuch as we do not have cable over there and they'd probably like to see it..
82 MARCH 8, 1988
SUPERVISOR MURPHY: Okay, I would like to just make one last comment on this
Hallocks Bay thing. I think we're all talking about the same thing, and my only
concern is that we don't put the whole program in jeopardy, and I ,don't think the
DEC has any intent of stealing, or taking any property or property rights away
from anybody, and I 'd hate to have the program be put in a position where we're
liable not to have the funding to acquire any part of the protection around there,
and go from there. At this time now I'd like to ask anyone in the audience if they
would like to address the Town Board on anything that's bothering them at all? Mr.
Merkle.
JOSEPH MERKEL: Joe Merkel, Peconic, Southold. Good evening, Mr. Murphy, and
Board members. I have done a little research into the handling of the roads on min
subdivisions and would like to present the Town Board with some information that
I found in Southampton Town, and I 've got a copy for each of .you that I 'll give 9
to you now. I think if it's good enough for the elite and high society people of South-
ampton, then I think it's good enough for us. country people here on the North Fork.
(Mr. Merkel presented "Excerpt from Chapter 60 of the Code of the Town of Southampton.
"Rules S Regulations for the Subdivision of Land". It seems that they have some
good ideas on the front page on preservation.of the natural features around the area,
and gives a description of what a driveway would be for a minor subdivision that
they find very satisfactory for their needs.
COUNCILWOMAN COCHRAN : Frank, may I say something? Mr. Merkel, this morning
Bennie Orlowski from the Planning Board did come in with our Planner Valerie Scopaz
and this was under discussion again. The end result of that discussion, as Chairman
of the Highway Committee, Bennie and. l are coordinating a meeting which will be
Monday the 14th I. believe we picked, at 4:..00 o'clock in the afternoon where the High-
way Committee and the Planning Board will be taking this under discussion. So,
for your. information at that time we will be meeting on this subject. No definite
decisions have.been made. In fact, one of the suggestions that was made, perhaps
we could get some of the regulations from surrounding communities to look at, in
addition to what the Planning Board has presented. So we certainly do appreciate
your bringing this to our. attention. But no final decision has been made in relation
to this at all.
JOE MERKEL: Right. I just wanted to pass it along.
COUNCILWOMAN COCHRAN : Okay. Just for the information. And the meeting
is Monday, the 14th, at 4:00 P.M. here at Town Hall.
JOE MERKEL:. Also I think right' now--I think we're all aware that most of the problems
that have come about. on this matter isn't handled correctly, the ramifications of all
the farmland and possible increasing of density and I think we went through a lot
of the different problems. The Farm Bureau is now forming a committee to keep'
abreast of some of these new proposals, such as the core core water shed area, different
regulations, polities, and road policies for minor subdivisions. Most of these. things
we were unaware until they were happening to us already. We don't like surprises
so we'd like to be notified on some of these different proposals and other changes
forthcoming, and we'd also like to have a meeting with the Planning Board and a
meeting with the Town Board in the near future to discuss some of these things.
I think the current direction of the administration seems to be going off course somewhat.
I 've got a copy of some articles that were in The New York Times on February 28th,
Supreme Court ruling. The first thing was Church v. County of LA, decided June
6th. The Court held that a zoning authority must compensate a landowner when
it is found to have illegally prevented. the owner from using his land, even temporarily.
In. Nollan v. California Coastal Commission, decided June 25, the Court ruled that
in putting conditions on development of land unrelated to the impact of the development
amounted to an effort to confiscate the land, known as. a "taking" without paying
for it. This shows what. can happen when the ship runs aground. I've got some
here for you.. (Mr. Merkel presented to the Town Board copies of articles from the
Sunday, February 18, 198& edition of The New York Times.)
COUNCILWOMAN OLIVA: Joe, could we ask you one question? Where did you get
the copy 'machine? It looks great.
JOE MERKEL: I purchased it for my business. I find other uses for it too now..
Also, the second one I handed out, I think it is very important, with builders and
such with the Town Hall. T.he Supreme Court Arms Developers in Zoning Tests.
Taking of property. This is really happening here and this is The New York Times,
which I think is a pretty substantial magazine. I found that very interesting reading,
and I hope everyone upon on the Board reads that whole article. Also, 'a near neighbor,
Southampton Town, in Trupin v. Southampton. A federal jury just awarded him
1. 9 Million dollars, including legal fees, amounting to 3 million dolhars. The Town ;
insura"nce only covers a million dollars of that. So now the taxes could go up. 100
for the next ten years go cover the cost, :of it had to be covered in one year they
MARCH 8, 1988 83
would go up by 60%. for all the taxpayers in Southampton Village. So I don't think
anyone can be too happy with this ruling, except for Mr. Trupin is smiling quite
a bit on thiscoverage as you can see. He's real happy. So I think these events
should shed some light on the- current proposals and policies that are now pending.
Thank you. Joe Merkel.
SUPERVISOR MURPHY : Thank you, Joe. Anyone else on the left like to address
the Town Board? (No response.) In the middle? John?
ess
. .
JOHN NICKLES : John Nickles of Southold. I just had a question on the resolutions
that I would. like some explanation as to 35(a) and (b) and 36. Are they related,
where the Board abolishes the Accountant position and creates the Bookkeeper position?
Could you explain to us what's going on.
SUPERVISOR MURPHY : It was a position that was appointed because there was no
list, and we established as an Accountant for a. man we hired, John Cushman. And
according to the Civil Service, he would not be eligible to take the test when it was
igiven. We're very pleased with his services and in Town Law the Supervisor is
allowed an assistant, and also a Bookkeeper. Larger towns are allowed--they call
them a Comptroller. This is not a Civil Service position, he serves at the will of
the Supervisor, the appointment of the Supervisor, and the Town Board and I are
very pleased with his work, and this is to give him a little more security, and to
exempt his position from Civil Service. Then we just eliminated the position of
Accco,u .ntant because we don't intend to fill it. Anyone else in the middle? (No
response.) Over here on the right? Yes?
I .
MARTIN SIDOR : Good evening. My name is Martin Sidor, and listening to this situation
at Hallocks Bay with the wetlands, I feel as a farmer in Southold Town, with this
water core overlay district, whatever, I feel we're in the same boat. It was funny,
I was thinking of something--this is not easy for me, first of all. I'm much more
comfortable being in a field and watching over the crops and other problems to take
care--and trying to think of something to say tonight, I got a charge out of the
word "legacy". I think that these people you're mentioning_-100, 200, 300 years,
we're not--my family not quite that long, but as .a legacy I can't think of a group
of people, the farmers in Southold Town, that has. given Southold Town more of a
legacy and asked of less of this Town, as a group, than the Southold farmer. And
I think if anything like this comes close, nothing more than a slap in the face. I
i have no statistics, I have no facts as. far as cluster versus sprawl, open area versus
cluster as far as the recharge area. As far as the pollution of the water, of the
air, but. I think our record stands. Our family has been 75 years in one particular
area. Grandparents where I 'm living, have lived in it until their 901s. 1 do not
have numbers, I do not have facts right now, it's just a feeling; and it comes .from
my heart. I 'm just looking to preserve what I 've got given to me for my family,_,
and to have an agency or group of people that can even come close interfering with
that I think has been given too much* power.
SUPERVISOR MURPHY : Martin, let me make--are you finished? I'm sorry.
MARTIN SIDOR : Go ahead.
SUPERVISOR MURPHY : Are you finished?
MARTIN SIDOR: Go ahead. I aon't know.
SUPERVISOR MURPHY: ' I'm very sorry you feel that way, because-1 sincerely believe
that this Town Board and previous. Town Boards of Southold Town have gone out
of their way to support and to help the farmer. I think what you're talking about
on this overlay district is information you got from a letter that is probably the most
misleading, inaccurate piece of mail that I think has ever gone out, and the worst
scare tactics that I 've seen anyone do to a group of people. Southold Town has
no intention of hurting the farmer or putting his life in jeopardy, and his value of
his property - I think what we've Clone is try to support the farmer and to help
the farmer. . W,hat you're talking about is completely misinterpreted, and is not the
intent 'of'the Town Board or- the Water Advisory Committee, and at -this point is not
even part of a plan. It was just' a - idea and a development of a way so that your
children and their children will have safe drinking water in this Town for many,
many years to come. That's the whole purpose of it, and it was not there, and it
will not hurt the farmer at all.
COUNCILWOMAN OLIVA: Frank, could I just say something? When this proposal
is finally in place, every property owner in that proposed. core water shed area will
be invited in to meet with the Town. There will be give and take between the members
of the Advisory Committee and the property owners. Our wish i§ not to hurt any
property owner or the equity in._their land. Our purpose is to find the best way
to preserve our water shed area so that we will be able to have water not just five
years from now, but 50 years from now. But it's _r1 t our intention to take any of
the equity away from the property owner's land at all, and will have that informational
meeting: with all the property owners. We want their input. Thank you.
8 4 MARCH 8, 1988
MARTIN SIDOR : No, it did not come from that letter, the information. I told you
I have no facts, I have no statistics, I'm unaware of that. It's just my own feeling.
Maybe another reason for uncomfortableness is that the meeting with the Hallock Bay
people--first you'll meet with the DEC and then the people, and I would be more
comfortable if the meeting came first with the landowners and then people from the
outside.
SUPERVISOR MURPHY : I think we're talking about two different things, but that's
your opinion. That's fine.
COUNCILWOMAN COCHRAN : He's expressing his philosophy as a farmer that loves
the land.
SUPERVISOR MURPHY: And I think this Town Board has, and previous. Town Boar
r . in Southold have done everything we can to support that there will be farming out i
t here, not only this year but for many, many years to come. I think this has been
our. primary industry for 300 years and we hope that it stays for another 300 years.
MARTIN SIDOR: Well, that's good to hear. I still feel--you hear remarks and one
leads you to think one way and one leads you to think another way, and sometimes,
you know, you being in the middle of this that it does leave for a sense of insecurity.
SUPERVISOR MURPHY : Absolutely nothing has been passed, nothing has been done
on this. It's a concept and a plan that is completely been blown out of the original
intent, and the whole thing has been completely turned around to what the intent
was, and I 'm very sorry that you feel that way, because I do know many members
of the Sidor family, including yourself, who have worked for many years and have
given this Town an awful lot, and this is why Southold Town is such a pleasant and
a nice place to be, live and work in. And we intend to keep it that way.
MARTIN SIDOR : Well, I don't mean to give the impression that I've got hard feelings -
without. know the facts. The next question I would like to know is when would the
facts be given, when could we find out, or is anything in place now to look at or
study?
SUPERVISOR MURPHY : Absolutely not. This was just a theory that's being develo ,
and as Ruth mentioned there will be, as this plan is developed, as parcels are ident d,
priorities set aside, that then there will be a public hearing and a give and take,
'i in particular with. anyone whose property would fall in that area.
MARTIN SIDOR: So the time schedule would be similar to Hallocks Bay, where first
the DEC. . . . .
COUNCILWOMAN OLIVA: Oh, no, the- DEC has nothing to do with this. . . . . r
MARTIN SIDOR : No, I'm sorry, I take that back, okay? It's not the DEC involved
in this. Okay? Whether it's a subcommittee or committee, but. first that's formed--
in their case it would be the DEC, and then the people come second. That's my
point. In other words it's not the DEC, not the EPA, whatever group comes in first,
and then the landowners come in second.
SUPERVISOR MURPHY : We're concerned about the people of Southold Town, the ,<
health and welfare of the people of Southold Town, not only for their assets, the
drinking water, but also for their way of life and this is what we're concerned about.
We have no intention of hurting anybody or taking any property away.
COUNCILWOMAN OLIVA: As far as the water shed area, how can we come to you
and ask your opinion when the Water Advisory Committee does not have any even s
definite proposals to offer you,. to ask for your input? This is what we're working ;
on. Identifying each of the properties in that area, what is presently contained
in these properties, what uses do they have now, and then work from there .for a
proposal which- we;.can give to you 'and ask for your input into such a proposal.
So this is before it' would come to the Town Board- for a hearing or anything else.
This would go--when we have the proposal in place, to first go to the property owners
and find out their feelings on it' -'•Dbes it meet with their approval before we even
propose it to the Town Board for a -Local Law.
COUNCILMAN PENNY: 'Why- don't you come and meet with the Water Advisory Committee?
They meet once a month. Their meetings are open to the public. As a matter of
fact we have two openings right now. We've advertised for resumes to fill them.
And I feel it would be important if a member of the farming community were to become r
a member of the Water Advisory Committee and they could directly participate in :F
the formulation of these Town policies,- and they wouldn't get the feeling, the same
as the Orient people are, that bureaucracy is putting them second, and I agree with a0.=
you on your feeling that. you've gotten from this and this is the same feeling of ex-
asperation that the Orient, community is getting. They simply ask to clear up from x;:4 =
MARCH 8, 1988 V 5
the DEC what their policies are. They don't care if the DEC buys their land or
doesn't buy their land at this point, they don't want to, but that's not the question.
The question is if their property is taken away from them by one means or another,
what are the restrictions and restraints that they're going to have to live with for
the rest of their lives. That's all they've asked, and this has been denied them.
And I think there's a perfect opportunity for you to participate, or members of your
farm community, to participate in the formulation of these policies so you don't feel
like outsiders here in your own Town.
MARTIN SIDOR: Thank you.
SUPERVISOR MURPHY: Try to--Martin,if you would, as George said, or someone
who you .feel would represent the farmers well, put an application in. You've got
another week:or so, and it's a very simple--"I would like to serve on it, and here's"
how I qualify: I 'm; a landowner in Southold." Whatever. Okay? Anyone else in
the middle like to .comment? (No response.) O.n the right? (No response.) Anyone
else? (No response.) If not I think a motion to adjourn is in order, and I 'd like
to thank everyonq,for coming, in particular Dimension Cable. Thank you.
k
Moved by Council-woman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED .that this Town Board meeting be and hereby is adjourned at 9: 05 P.M.
Vote of the Town,-,Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution wa's declared duly ADOPTED.
J udith T: Terry
Southold Town Clerk
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