HomeMy WebLinkAboutTB-10/06/1987 353
SOUTHOLD TOWN BOARD
OCTOBER 6, .1987.
WORK SESSION -
Present: Supervisor Francis -J. Murphy, Justice Raymond W. Edwards, Councilman
Paul Stoutenburgh, Councilwoman Jean W. Cochran, Councilman George L. Penny IV,
Town Clerk Judith T. Terry. (Absent: Councilman James A. Schondebare) Acting
Town Attorney Francis 'J. Yakaboski (10:20 .A.M.) .
9: 15 A.M. - Board audited outstanding. vouchers.
9:50 A.M. - For Discussion Items (1) Release of $125,000 performance bond for roads
and improvements in the subdivision.of Sebastians Cove, Section. Councilwoman Cochran
reported that the Highway Committee had met with Steve Perri cone, owner of the develop
ment, and Superintendent of-Highway's Jacobs feels the roads are in good shape. .. ..They
do *ant Mr. Perri cone to 'guarantee that he will' bring the roads .up. to specs ,if the home
owners eventually want to dedicate the roads. Supervisor Murphy.,questioned the release
of the bond. He cited the Wendy Drive and West Creek Estates' problems recently of
concern, and asked that the matter ,be referred to. Acting Town Attorney, Yakaboski for
an opinion. (2). Letter from Valerie'Cardona concerning the proposed Supported Work
Project will' be discussed with Mrs.. Cardona at 11 :55 A.M. (.3) Letter from the Nassau.
Point Property. Owners:-Association concerning the "depletion. of little neck.clams by
professionals through. the present licensing provisions," and. recommendations an over-
haul of all shellfish regulations. . The letter will' be referred to the Trustees, Bay
Constable Dzenkowski and the Conservation Advisory Council 'for comments.. (4)
Recommendation from Insurance' Consultant William F. Mullen, Jr. to .revise the present
Chapter 49,. Notice of Highway Defects:Ordinance. Mr. Mullen submitted' the local laws
of the Village of Floral Park and the Town of Hempstead .for consideration. They will
be referred to Acting Town Attorney Yakaboski for consideration. (5) Review. of
Letters of Credit 'for subdivisions, site plan approvals will' be referred to Mr. Yakaboski
to meet. and discuss with the Planning Board..
10:20 A.M. - Brad Burnham, President of the Fishers Island Civic Association, met
with the Board to request the appoint of Larry Penny..as a..private environmental
consultant for Fishers Island; to be on Fishers Island two days a month to"enforce
environmental' regulations,. hold .consultations with property owners, make recommenda-
tions to proper local and state authorities,. and in' general bring order and sanity to
the growing environmental chaos. that. the increasingly rapid' real estate development
of Fishers Island has led into. " A letter of support for this 'proposal has been received-
from John H. Thatcher Jr. , President of the Fishers Island Conservancy, Inc. Mr.
Yakaboski cautioned the Town Board with _respect to:this 'proposal. He does not
believe it 'would be legal to hire a consultant to serve just Fishers Island. He was
asked to consider how this 'might be feasible. .
11:20 A.M. - Donald Walsh, George Patterson and George Cavagnaro, officers of the
Terry Waters Property Owner's Association: to discuss a complaint they .previously
-made to the-Building Department concerning. their'allegations that. Helen Rusch, 340
Rambler Road, Southold, has an illegal two-family dwelling. They stated a side door
had been aded to the residence, but when the plans of. the house were checked by
Acting Attorney Yakaboski i't4as discovered .this 'door was part of Ahe original. build
ing plans. The gentlemen wished. the Town to conduct a search of the house to confi-rm
the presence of a couple living with Mrs. Rusch. They were advised they could not
do this ' a judge would never issue a search warrant based on. the unavailability of
substantial .evidence that the house-isAn' fact two-family. Mrs. Rusch.had. recently.
visited the. Building Department complaining of harrassment, stating. she is 'a widow
and has a young couple living with her to take care of her.and was not receiving
rent from the couple. Mr. Yakaboski will review this matter further and report back
to the Board.
11 :55 A.M. - Valerie'Cardona met with the Board to:discuss the proposed grant
application for the Supported Work Project for the handicapped. She stated she
has recently been in' contact with Catholic Charities and they -are interested in
assuming r.eponsibility for the project. Mrs. Cardona would like a commitment from
the Town of approximately $17,000 toward a projected short-fall, and a letter affirming
this commitment to John W. Liguoiri', `Acting Commissioner, Department of Human
Resources, with copies to:Legislator Blass, Assemblyman Sawicki, Senator LaValle
and Sondra Bachety,. Chairwoman,. Suffolk County Human Services Committee. Coucil
woman Cochran will meet with Mrs. Cardona to review her projected budget for the -
grant application.
354 OCTOBER 6, 1987
12:20 P.M. - Acting Town Attorney Frank Yakaboski discussed with the Board the
acquisition of the Sisu Development, Inc. property (behind Town Hall on Horton
Lane) pursuant to the provisions of the Eminent Domain Law (see resolutions 30 and
31) . Mr. Yakaboski also discussed resolution no. 7, the proposed payment of all
bills due for the redecoration of the Offices .of the Supervisor. He submitted a
. letter, which is entered in' full following the vote on resolution no. 7, advis.i:ng
the Board that there is 'an action pending by Lo Stack I.nteriors, Inc. against the
Town and is before the Court awaiting a decision on a point of law. Mr. Yakaboski
also met with the. Board att,3':30 P.M. to discuss the matter of the vacancy in* the
office of Town Attorney as a result of the death of Town Attorney Robert W. Tasker.
Mr.' Yakaboski advised the Board that he could continue on as .Acting Town. Attorney
for the next couple of months until. the.outcome of the General Election, .at which
time there will be at least two new Board members. He advised this 'could have a'
substantial' influence on the Board's decision with respect to appointment of a new
Town Attorney.
1 :00 P.M. - Recess for lunch.
2:35 P.M. - Work Session .reconvened and Chairman of the Water Advisory Committee
Frank Bear met with the Board to .review his `memorandum concerning the water vend-
ing machines recently purchased by the Town. There has been recent concern about
the cost of testing the water at the site of the installations. His research reveals that
the cost-.per..machine would be. about $1,560 a year., or $3,120 for the .two machines.
If the Town charged 10� per gallon there..would be sufficient income to cover the cost
of testing and incidentals. The. Board .is:still.: looking for a site. at the western .end of
Town, and Supervisor Murphy .w.ill' speak to.William Gremler of GNS water conditioning
in Mattituck to determine when he.would .be interested in'installing the drinking water
machine at his facility.
2:45 P.M. - Board reviewed proposed resolutions for the regular meeting agenda. _
3:55 'P.M. Work Session adjourned.
REGULAR MEETING
7:30 P.M.
A Regular Meeting of-the Southold Town Board was held on Tuesday, October
6, 1987 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
Councilman. Paul .Stoutenburgh.
7-Councilman James A. Schondebare .
Councilwoman Jean W.. Cochran
Councilman George L. Penny IV
Town. Clerk Judith T. Terry
SUPERVISOR MURPHY: Good evening. I would. like to call this regular Town Boar
meeting to order. I'd like to apologize. for our cramped quarters, but we were
kicked out of our room because of registration. . They (Board of Elections) needed
the room and it's most important for the Town. I'd :just- like to remind everybody
Thursday (Saturday) is 'the last day for registration. Anyone who hasn't been
registered, please get registered. Okay. The first.order of business is the approval
of the audit of the bills of October 6th.
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that the following audited bills be and hereby are ordered paid: General
Fund Whole Town bills in the amount .of $37,85.1. 40; General Fund Part Town bills
in the amount of $10,'605.26; Highway Department bills in' the amount -of $29,344. 41;
Fishers Island Ferry District bills in' the amount of. $25,486. 36; Dog Pound ,Capital
Account bills in' the amount of $200. 00; Computer Capital Account..bills in' the amount
of $57,789.'89; Waterfront. Revitalization Program -bill's in'the amount of $200. 00;
Southold Wastewater District bills in' the amount of $15.,100.57.
OCTOBER 6, 1987 355
Vote of the Town Boa rd=:-Ayes: Counci lma-n"Penny, `Cobnci lwoman Cochran, Council-'
man Schondebare,• Councilman Stoutenburg, Justice. Edwards, Supervisor Murphy.
This' resolution was declared duly .ADOPTED.
SUPERVISOR MURPHY : Next is 'a resolution to approve the minutes of the September
22nd, 1987 Town Board meeting,.. and the minutes of the October 5th, 1987 special
Town Board meeting.
Moved by Councilman Stoutenburgh, seconded. by Councilman Penny, it 'was .
RESOLVED that the minutes of the Regular Meeting .of the Southold Town Board
held on September 22, 198T, and the minutes of the Special Meeting of the Southold
Town Board held on October 5, 1987, .be and .hereby, are approved.
Vote of the Town Board : Ayes: -Councilman. Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg,. Justice Edwards, Supervisor Murphy.
This resolution was declared duly.ADOPTED.
SUPERVISOR MURPHY: Next is 'to set the next meeting date for October 20th,
1987, 7:30 P.M., Southold Town Hall.
Moved by Councilman Penny, 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, October. 20,. 1987, at .the Southold Town. Hall, Main Road,
Southold, New York.
Vote of the Town Board: Ayes:. Councilman. Penny, Councilwoman Cochran, Council-
man Schondebare,- Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was .declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this atime I would like to make a special. Proclamation.
Southold `Town Board declares the week of. October .25th Ao 31, 1987, as. Substance -
Abuse Week in the Town of Southold. And I have: a Proclamation and-we-have
some very fine guests here and a young lady who won a contest too. -
COUNCILWOMAN'. COCHRAN: Excuse me, Frank, 1 have that to present.
SUPERVISOR MURPHY: :.Oh, I'm sorry, Jean.
COUNCILWOMAN. COCHRAN : 1 wondered what was happening here.
SUPERVISOR MURPHY: Yes go ahead. 1 didn't realize that.
Councilwoman. Cochran presented the following Proclamation. to Peg Katzenburq,
enen Price and Bessie!Swann, CAST Board members.
Moved by Counci rwoman Cochran, seconded by the Entire. Town Board,
WHEREAS, stamping out drug and alcohol abuse ,in Southold Town is 'a long term
_ job requiring community involvement; and
WHEREAS, Community of Action of Southold Town has .undertaken a program of
publi c'awareness through the implementation of a public'information program to
alert everyone in' Southold Town 'to the dangers, and .the human and economic costs
of substance abuse; how to recognize misuse or .abuse, and the need for early
intervention;. and
WHEREAS, Community Action of Southold Town makes available an easily accessible,
long-term low cost consultation and referral service which will' help abusers,. families
or employers assess need and treatment possibilities,. and to involve the total community
-in'the- accomplishment of these goals; and
WHEREAS, national, state .and .local leaders .have spoken out).s1.trongly about the .
use of narcotics and- alcohol,. and the time has come for each and .every.one of
us to make a personal .and..moral commitment .to actively oppose the use of illegal .
drugs; now, therefore, be it
RESOLVED that the Town Board.- of the. Town of Southold hereby proclaims the
week of OCTOBER 25 - 31, :1987 as SUBSTANCE ABUSE. AWARENESS WEEK in the
Town of Southold to stress the need for .public information programs, and the .pro-.
motion of early intervention and treatment for .abusers.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council
man Schondebare,. Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILWOMAN COCHRAN : I'd like to comment that I did look down to see the
programs that you people have planned for Substance Abuse Week and they look
educational and promising and I think you'll have a good turnout.
PEG KATZENBURG: Some of it's going to be fun ,as..well.
COUNCILWOMAN COCHRAN: Yes, it does. It looks like fun also. Thank you.
You're doing a nice job. Really,. you are.
356 OCTOBER 6, 1987
SUPERVISOR MURPHY: Okay, now while we have everyone too. Bessie; do .you
want to present 'to Karen Mullen, or Peg or Mrs. Price? Okay, maybe you would
want to say something about the contest first? The bumper sticker? We have
them, we'll pass them out to everyone
BESSIE SWANN: The winner of .this 2contest is 'Karen Mullen, . and she's here.-with
us tonight. (Bumper Sticker: "Drugs, You Do, You Die") -�
SUPERVISOR .MURPHY: Congratulations, Karen. Do you want to tell us about
the bumper sticker?
KAREN MULLEN : Well, all the.time my brother does something bad to me, I go,
"If you do that again you're going to die. "
BESSIE SWANN: That's_ very true about drugs, isn't it?
KAREN MULLEN: Yes.
BESSIE SWANN: That's very good, Karen. Congratulations.
SUPERVISOR MURPHY: That`was very clever, Karen. Very good. And as a
member of the. CAST Board, not as the Supervisor, it's .my honor to present to
you a very nice award for your efforts. Again, thank you,. dear. You did a great .
Job. Bessie, thank you. Peg, thank you very much. Thank you, Mrs. Price.
I ... REPORTS.
SUPERVISOR MURPHY: Okay, moving on to the regular part of our agenda, the
first item are Reports. Again, these. are on. file'. in our. Town Clerk's Office for
anyone who would like to review them.they're there. . Some are very interesting.
1. (a)Town Employee's .leave time taken and overtime worked for. August, 198T.-
1. (b)Police Department's leave time taken 8 overtime worked for August, 1987.
2. Building Department's monthly report - September, 1987.
3. Savenger Waste Treatment .Facility.monthly report.-. September, 198T.
4. Town Clerk's monthly report - September, 1987.
5.' Supervisor's monthly report, -. August, 1987..
6. Recreation Department's monthly report'.".- September, 1987..
7. Councilmen's Reports. Is .there, anyone on the Town Board who would
like to make a special report. at ,this 'time? w. Starting on my left with Paul.
COUNCILMAN STOUTENBURGH: . No,. nothing at this time.
SUPERVISOR MURPHY: Ray?
JUSTICE EDWARDS : . Not at this time. Thank you, Frank.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: No, nothing, thank you.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN : Yes,. I would just like. .. what?
COUNCILMAN_ SCHONDEBARE: Figured you'd have to do something.
COUNCILWOMAN COCHRAN : I've been on vacation for a week. What did you
guys do, sit around and do nothing?
COUNCILMAN PENNY: We goofed.
SUPERVISOR MURPHY: We took the time off when you were away.
COUNCILWOMAN COCHRAN: Okay. I would just like to, for the record, update--
give you a little update on our Handicapped Recreation Program. It has been well
received, and are anticipating a greater number o participants in the future, in'
addition to those we already have, and we.think what we have started with is proof .
of the need for these services. The attendance bears .this out. But just to share
some figures with you, and of course I'm going to pick the highest attendance
'things, there are some where we've had aerobics.. where maybe 10 have attended,
or bowling, the younger group, 11, but in' addition we've had aerobics, pool, ping
pong games and. recreation' -.. we've had 22 attend. The older children -we have--
there's 16 attending the bowling program. They had a get-together, dance-at the
Recreation Center and 80 to 100 people attended from age 11 . to 65. They've had
a picnic and barbeque and the attendance was 65, ages 6 to 65. A gardening work-
shop at the Rec. Center and an attendance of 28. And one or two others with attend-
ance of 11 and 8, the younger group of bowling and so forth. But I'm very pleased_.
to see that it 'has been so well received. As I say, it certainly does.prove that .
there is a need for these services in Southold Town. Thank you.
OCTOBER 6, 1987 35 7
SUPERVISOR MURPHY: Maybe you'd just like to adds Jean, about Valerie's program.
Valerie is here tonight - about the Job Coach.
COUNCILWOMAN COCHRAN: Yes.
VALERIE CARDONA: In fact. _I got a call 5:00 o'clock this afternoon from -Ken LaValle's
office.
COUNCILWOMAN COCHRAN: And it's something more promising?
VALERIE CARDONA: It 'looks very promising and all he would like is -a figure
as far as money and a starting date.
COUNCILWOMAN COCHRAN: I would like a little .bit •more:infbrmatioh, Valerie,
in ,relation to the one budget that you submitted for working with Catholic'Charities. .
would like to know a little bit 'more, about how they're going to tie in' to this whole .
thing, so perhaps I could make a date to sit down with you, for my own information.
SUPERVISOR MURPHY: . Thank you.,,. Jean. Jay?
COUNCILMAN SCHONDEBARE: Yes, had a Highway Committee meeting. Jean was
there, Paul was there, Ray.Jacobs. We're going to discuss .Sebastian Cove which
believe you sent over to. Frank Yakaboski.. today.. . And .likewise we're going. to.
try to amend the Code to put in• minor subdivisions,..specificatiofs as.-they concern
roads in our minor subdivisions. We had a Code Committee meeting. : Once again
we're still doing site plan review.. We must:"be on the third or fourth..draft I think.
I still wind up with the third or fourth,revised..draft in'my box today. There will'
be another Code Committee meeting .this coming Wednesday--no a week from this
Wednesday, the 14th, in4hich hopefully we'll .finally. put to bed site plan review.
Basic concept is 'so that .everybody knows.-.-what it is 'they're supposed to do when
they submit their'site.-plans, ahead of tim , so there's no guess work as they go
through the process. If'we have time there's. a whole list of things that Victor
gave me that have been sitting on the, back burner that I have to get to. also.
That's it; Frank.
11. PUBLIC. NOTICES. .(Nome)
III COMMUNICATIONS. (None)
IV. PUBLIC HEARINGS. (None)
V. RESOLUTIONS.
SUPERVISOR MURPHY: We'll move on to item .V; on your agenda, resolutions, .and
I'd like to remind everybody of the Town's policy thatAf'anyone would like to speak
on any proposed resolution to do so now, to address the Town Board. There will
. be a period of time after to address the Town Board. on anything else that is not
on the agenda. So, is there anyone in' the audience who'd like to address the
Town Board on a proposed resolution? - (No response.) Hearing none, we'll move
on to offer Resolution. No. 1--which is 'a transfer of funds.
1.-Moved by Justice Edwards, seconded by Councilman Stoutenburgh; it was..
RESOLVED .that the Town Board of the Town of Southold hereby authorizes the
following :198T Budget modifications:
Highway Fund - Part Town
To:. DB9901. 9 Transfer to other funds $1.,940. 85
From: DB5110. 4 Contractual $1•,940. 85
General Fund - Whole Town
To: A9901. 9 Transfer to other, funds $1,925. 00
From: Al 990. 4 Contingent $1,925..00
Wendy Drive Road Improvement District
Revenues.To: SM2801 I nterfund . Revenues $3,865. 85
Appropriations
To: SM5150. 4 Improvement Program $1 ,940. 85
To: SM1420. 4 Legal Expenses $1,925. 00
to provide sufficient capital to .cover excess costs of Wendy. Drive Road improvement.
1.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenbu.rg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR. MURPHY: Number 2 is 'to authorize the attendance at a special
conference.
358 OCTOBER 6, 1987
2.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Sylvia'
Rose and Jeanne Cullen to attend IBM's Guided. Learning Center, Jericho, New
York, System 36 Display Station and Systems Operations courses, from November
16, 1987 through November 19, -1987, and the actual .expenses for registration ..
($480. 00each) , meals and travel shall .be a legal charge against the Computer. Capital
Account budget. -
2.-Vote of the Town Board: Ayes: Councilman Penny,. Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly: ADOPTED.
SUPERVISOR MURPHY: Number (3 is 'to approve an advanced payment.
3.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town .of Southold .hereby. approves an advarij.
fee payment in' the .amount of $150. 00 (check made payable to Nassau Coliseum)
or the December 6, 1987 family bus trip to see Walt Disney's World on Ice at the
Nassau Coliseum; said charge to be made to A7320. 4, Joint Youth.
3.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stou.tenburg,. Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED. .
COUNCILWOMAN. COCHRAN: I'd like to add that the bus is :sold out, 'so it's been
well received.
SUPERVISOR MURPHY:. . Good. Number 4 is 'to authorize the printiing of the Generic
Environmental Impact Statement on the proposed Master Plan.
4.-Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Planner David Emilita to print the Draft Generic*.Environmental Impact
Statement on the proposed "Local Law to amend the Southold Town Zoning Code
and the Zoning Map incorporated therein; to implement, in' whole or in part, the
recommendations of the Master Plan Update prepared by .the Planning Board. "
COUNCILMAN PENNY: I make a motion to table it for revision. Specifically the
section on- non-conforming uses, where it removes the provision for Special Exceptio
by the Board of'Appeals:, and adds a legislative intent that I don't agree with,
which says that on the non-conforming uses, buildings and land existing on the —
effective date of this chapter,or authorized by a building permit issued thereto,
regardless of change of title, possession or occupancy or. right thereof may be
continued indefinitely, except that such building or use shall .not be enlarged,
altered, extended, reconstructed, or restored, .or placed: in a different portion
of the lot, or parcel of land .occupied by such, use on the effective date of this
chapter, nor shall any external .evidence of such use be increased by any means
whatsoever. -I--do not agree, with this. I feel. it -is a moratorium on about 800 of
the__par..cels ins the Town of Southold, both business and residential, and I do not
agree with the legislative intent of this and I would like to see it revised.
COUNCILWOMAN. COCHRAN : I'll second! George's motion .to table.
COUNCILMAN SCHONDEBARE : Does that mean if my .house burns down I can't
rebuild i t 'because I'm. not on two acres?
'COUNCI LMAN PENNY: You would- be affected if you're in' a one acre parcel in
a two acre you're going to have.to go before .the Board of Appeals and fight the
legislative intent of this chapter.
COUNCILMAN SCHONDEBARE: It's got to be amended.
COUNCILWOMAN COCHRAN : That's how I feel. lt's unfortunate. I asked to
have it amended after with the Marine Business. F said, "Let's pass this darn
thing and pledge to make the changes immediately 'thereafter," and everyone wanted
to make the change. If we don't have any faith in'our.selves-to pledge that we
would change it later on. The last instance it didn't seem to work that way, and
I would like to see it changed first.
SUPERVISOR MURPHY: Any other comments? (No response.)
Vote on the motion to TABLE. Resolution No. 4:
4.-Moved by Councilman Penny, seconded by Councilwoman. Cochran, it was
RESOLVED that Resolution No. 4 to print the Draft Generic'Environmental Impact
Statement on the proposed "Local. Law to amend the Southold Town Zoning..Code
and the Zoning Map incorporated therein; to implement, in' whole or in part, the
recommendations of the Master Plan Update prepared by the Planning Board," be
and hereby is TABLED.
4.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwards. No: Councilman Stoutenburgh, Supervisor Murphy. .
This resolution was declared duly ADOPTED.
OCTOBER 6, 1987 359
SUPERVISOR MURPHY: >Number 5 is"'to``execute an agreement.
5.7Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board,.ofi.the Town. of Southold hereby authorizes and
directs Supervisor Francis J. M.urphy to execute an agreement between the Town,
on behalf of the Fishers Island Ferry District, and The North Fork Bank 8 :Trust
Company, appointing .the bank as the paying agent for the purpose of and with
authority to pay the principal of, and the coupons for interest appertaining to
the $589,000 Serial' Bonds, 5.900, dated 811 /77, due 2/1'/97, for the purchase of .
the new ferry- Munnatawket.
5.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council_ -.
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number.- 6 is 'to appoint a position of Administrative Assistant,
Southold Town Planning Board.
6.-Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was _
RESOLVED that the Town Board of the Town of Southold hereby appoints Diane
. M. Schultze to the position of Administrative Assistant for the Southold Town Planning
Board, effective October 8, 1987, at a salary of $19,904. 00 per annum.
6.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman.Stoutenburg, Justice Edwards, Supervisor Murphy.
This 'resolution was declared_ duly ADOPTED.
SUPERVISOR MURPHY: . Number 7, on the advice of Special' Attorney John McNulty,
I offer the following resolution.
7.-Moved by Supervisor Murphy, seconded by Councilman .Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
payment of all bills due for the redecoration of the Offices of the Supervisor. -
COUNCILMAN PENNY: Question. I'd like"Special Attorney" struck from the record
because he is 'not a Special Attorney as Mr. Yakaboski pointed out today in his
letter. . .
SUPERVISOR MURPHY: He is 'so.
COUNCILMAN PENNY: He is Frank's personal attorney. I would also like Frank's
letter to us entered as part of the official' record. That is 'my reason for voting
against this.'
Letter from Francis J.' Yakaboski, Acting Town Attorney, dated October 6, 1987,
to the Town Board, Town of Southold, 53095 Main Road, Southold, New York 11971.
Re: Lo Stack Interiors, Inc. v. Francis Murphy. "Dear Gentlemen and Madame:
While we will be- discussing this matter I am sure on the morning of the 6th of
October, I think it best that I respond in writing to the request that you adopt
a resolution "authorizing the payment of all bills due for the redecoration of the
offices of the'Supervisor". At the outset, I must point out that Mr. McNulty is
not special counsel to the Town of Southold. Rather, he is the personal attorney
of Mr. Murphy engaged by him to defend an action commenced against him personally
by. Lo Stack Interiors, Inc. In* that action,. Lo Stack Interiors, Inc. seeks damages
against Mr. Murphy personally for the sum of $10,496. 37. It is 'the plaintiff's contention
that Mr. Murphy was personally negligent in' failing to obtain necessary Town Board
approvals and in' failing to comply with the provisions of the General Municipal
Law relating to the requirement that public work or public purchases be put out
to bid' and that as a result Lo Stack was damaged. Mr. Murphy's personal counsel
.requests that the matter be submitted for payment because it is 'costing the Town
too much money to defend the lawsuit that is pending. As you know, in addition
to this action, there is• an action by Ron Morizio against the Town and Mr. Murphy
personally. In' addition there are other claimants who have not brought actions
against the town but whose bills together with those of Lo Stack and Morizzo total
in excess of $15,000. 00. The Resolution that is before you not only seeks payment
of the bills of Lo Stack Interiors, but also those of everyone else who may have
performed work to this date in connection with the redecoration of the Supervisor's
office. The provisions of Section 64, Subdivision 6 of the Town Law are clear.
The Town Law vests with the iTown Board the power to manage and control Town
properties and award Town contracts. No single member of the Board, therefore,
may bind the Town and obviously this provision of law runs to the very essence
of the proper management and operation of any Town government. You must also
be aware that irrespective of any arguments to the effect that you can ratify prior
unapproved conduct, Section 103, of the General Municipal Law of the State of
New York requires that conracts for public work "involving an expenditure of more
than $7,000. 00 and all purchase contracts involving an expenditure of more than
$5,00. 00", may only be awarded after public bid. In the present situation we have
a claimant seeking in' excess of $10,000. 00 for work performed at the behest of
the Supervisor admittedly without Town Board authorization and clearly without
a public bid. The fact that there may be moneies in a former Town budget cones __.
3 6 O OCTOBER 6, 1987
tetnip attng: simi ar ork is of no consequence. If that argument were valid; carried
to the extreme, it 'would mean that your entire budget, could be expended by one
or more of you without approval of the full Board. The action by Lo Stack Interiors,
Inc. against the Town of Southold has been pending for sometime and it currently
is before the Court awaiting a decision on a point of law wherein'we seek dismissal
based upon the issues of law discussed above. Very truly yours, /s/ Francis '
J. Yakaboski." :f `
COUNCILMAN SCHONDEBARE : Is this the office furniture that you said was going
to cost $6,000 and then turned out to be $15,000?
SUPERVISOR MURPHY: No.
COUNCILMAN SCHONDEBARE: . No, it's not? That's some other office furniture
we've got stashed away somewhere?
SUPERVISOR MURPHY: Yes. That's downstairs.
COUNCILMAN SCHONDE13ARE: This is 'something else on top of that? No it's
not, it's the same thing. See you've been busy.
COUNCILMAN PENNY: There's a schedule, Jay, back here--it's not quite $16,000,
it's $15,304.58.
COUNCILMAN SCHONDEBARE: I round them off.
SUPERVISOR MURPHY : Any other questions? (No. response.)
7.-Vote of the Town Board :. Ayes: Counci Iman Stoutenburgh, Supervisor Murphy. Noes:
Councilman Penny, Councilwoman Cochran, Councilman Schondebare, Justice Edwards.
This resolution was declared LOST.
SUPERVISOR MURPHY: Number 8 is 'to execute an agreement.
8.-Moved by Councilwoman Cochran,. seconded by Councilman Penny, 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 North
Fork Early Learning Center and the Town of Southold for the North Fork Early
Learning Center to operate a not-for-profit, safe, 'decent and affordable day care
facility for Southold Town residents.
8.-Vote of. the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to accept a bid.
9.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of..the. Town iof:Southold hereby accepts the _bid
of Tryac Truck S Equipment Co. , Inc. for supplying the Town with one (1) 1979
Mack model DM 685 SM Quarry Truck, all in accordance with the bid specifications,
at a total cost of $33,980. 00; said truck to be purchased with Community Develop-
ment Year 12 funds.
9.-Vote of the Town Board : Ayes-,'.Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburg, Supervisor Murphy. No:Justice Edwards.
This �resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to authorize the loan of our tub grinder
to the Town of East Hampton to aid' them with their experimental program on re-
cycling.
COUNCILWOMAN COCHRAN : Subject to the Town Attorney's approval.
COUNCILMAN STOUTENBURGH: He was going to see if it's legal.
COUNCI LMAN SCHONDEBARE: Yes, you kind: of have your doubts when you give
the Town property away to another Town. This 'is experimental? You spoke to
me about this, Frank.
SUPERVISOR MURPHY: This is their'new program. It's going for a couple of
hours and then coming back. A week later it'll go for a couple of hours and come
back. About three or four times.
10.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
loan of the Waste Tub Grinder to the Town of East Hampton to aid them with their
experimental program on recycling; subject to the approval of Acting Town Attorney
Yakabos ki.
10.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Supervisor Murphy. No: Justice Edwards.
- This resolution was .declared duly ADOPTED.
OCTOBER 6, 1987 361
SUPERVISOR MURPHY: Number 11 is..to.grant a house trailer permit.
11.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED .that the implication of Anqe & Barbara Boursiquot for a single family
house trailer permit; for trailer located on private road, off north side Main Road,
Mattituck, New York, which permit 'expires on November 4, 1987, be and hereby
is . rante_d for a six (6) month period. '
11.-Vote o the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared" duly ADOPTED.
SUPERVISOR MURPHY: . Number 12 is 'to execute a grant application.
12.-Moved .by Councilwoman. Cochran, seconded by Councilman Penny; it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
r directs Supervisor Francis 'J. Murphy to execute a grant application to the New
York State Task. Force on Integrated Projects for a Preservation/Education grant
on Substance Abuse Awareness. '
12.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council- `
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly -ADOPTED.
SUPERVISOR MURPHY: Number 13 is to authorize an advance payment to two police
officers to attend a conference.
13.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance to Police Officers Martin Flatley and Kevin J. Lynch in the amount of $700. 00,
from the General Fund Part Town Account, .to cover meals, lodging and travel for
the Child Abuse Seminar to- be held at. Nashville, Tennessee on October 5, 1987
through October. 9, 1987, said expenses to be paid by the Juvenile Aid Bureau
Grant.
COUNCILMAN SCHONDEBARE: Why can't they hold these things in New York,
Albany, or Long Island?
COUNCILMAN STOUTENBURGH: Suffolk County.
JUSTICE EDWARDS : They don't have Grand Old 0prey up here.
COUNCILMAN SCRONDEBARE: . Nashville, Tennessee!
COUNCILMAN PENNY: Eat your heart out.
JUSTICE EDWARDS : They're already there.
SUPERVISOR MURPHY: We authorized them to go.
13.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to create the position of Stenographer in
the Office of the Town Trustees with a salary of $16,881. 32. 1 offer that resolution.
14.-Moved by Supervisor Murphy, seconded by Justice Edwards, it *was
RESOLVED that the Town Board of the Town of Southold hereby creates the position
of Stenographer in the Office of the Town Trustees, sets a salary of $16,881- 32,
and hereby authorizes and directs Supervisor Francis 'J. Murphy to request a Suffolk
County Department of Civil Service Certification of Eligibles for said position.
14.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor
Murphy. This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 15 is to release of the final payment for our
" Dog Pound.
JUSTICE EDWARDS: This is yours-, George.
COUNCILMAN SCHONDEBARE: You have to, George, with a standing ovation.
15.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that. the Town Board of the Town of Southold hereby authorizes the
release of the final payment in the amount of $44,938. 50 to Richard Saetta General'
Contractor, Inc. with respect to the completion of the Southold Town Dog Pound
building project,"all in accordance with the recommendation of Garrett A. Strang,
Architect, who has made the final inspection of the project and recommends release .
of the final payment to the contractor.
362 OCTOBER 6, 1987
COUNCILMAN SCHONDEBARE: Job well done, Councilman Penny. Job well done.
SUPERVISOR MURPHY: In relation to the country club, it started six months before
and finished a year after--six' months after. Very good. _
15.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 16 is to accept a bid.
16.-Moved by Councilman Stoutenburgh,. seconded) by- Councilwoman. Cochran, it 'was
RESOLVED :that the .Town Board of the Town of Southold hereby accepts the bid
of Safety Storage Inc. , in*the amount of $18,185'. 00 (option B) , for supplying the
Town with one (1) Model 15 Safety Storage Building for the Southold Town Land-
fi ll Site, Cutchogue, New York.
16.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : And Number 17 is to authorize two radio operators to attend
a meeti ng.
17.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that-the Town Board of the Town of Southold hereby grants permission
to Chief Dispatcher John Raynor, and Public Safety Dispatcher Claude Kumjian
to attend the 1988 New York State Police Identification Network Advisory Committee
meeting, to be held at the State Police Academy, Albany, New York, on November
5 and 6, 1987, and the actual expenses for meals, lodging and travel shall be a
legal charge against the 1987 Police Department budget.
17.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18 is to amend a prior resolution.
18.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that. the Town Board of the Town of Southold hereby amends their
Resolution. No. 6, adopted on August 11, 198T, requesting the New York State
Department of Transportation to conduct a speed survey, along County Route 48,
between Horton Lane and. Boisseau Avenue, Southold, to read: "request the New
York State Department of Transportation and the Suffolk County Department of
Public Works to conduct a speed survey, for the purpose of reducing the speed
limit, along County Route 48, from the end of the divided highway in the vicinity
of Tuckers Land to Grove Road, Southold, New York. "
18.-Vote of the Town Board : Ayes :. Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, .Councilriiah S auten.burg, Justice Edwards, Supervisor .Murphy.
This resolution was. declared duly ADOPTED.
SUPERVISOR MURPHY: nd Number 19 is to request the New York State DOT and
Suffolk County DPW to do another speed survey. I offer that resolution.
19.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED _that the Town Board of the Town of Southold hereby requests the New
York State Department of Transportation and the Suffolk County Department of
Public Works to conduct a speed survey, for the purpose of reducing the speed
limit, along County Route 48, from Moores Lane easterly, including the Main Street
area in the vicinity of Porky's Restaurant.
19.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to authorize the renewal of two trailer permit_
20.-Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the applications of Richard T. Girards, Newbridge Plants, Inc. ,
for the renewal of two (2) trailer permits - office and employee break area trailer,
and office trailer, both located at 6900 Wickham Avenue, Mattituck, be and hereby
ere granted for a final six (6) month period to April 7, 1988.
COUNCILMAN PENNY: I would like to offer an amendment on that, because my
understanding is that these are for agricultural use and last week when we got
into a discussion on this you said there was going to be no further restrictions
on agricultural use trailers, so I suggest that we remove this "final" six month
period.
SUPERVISOR MURPHY: The man agreed to this.
OCTOBER 6, 1987 363
COUNCILMAN PENNY: He was also told that he had to, Frank, and we've changed
the rule.
COUNCILWOMAN .COCHRAN: -. No-,. but I thought his request was because he was
building buildings and I see from his 'letter that he started the building, but because
of financial restrictions, but he is guaranteeing that he is going to remove-,them
in the future when he gets his buildings built.
COUNCILMAN PENNY: Well. let him remove them in the future, but. . .
COUNCILWOMAN COCHRAN: And we renew these at a six month period.
COUNCILMAN PENNY: But this says the "final" six' month period.
TOWN CLERK TERRY: He wants the word "final" taken out,because at the time
you granted the initiaf one it was for 18 ,months, and this would have been the
last six months. So I'm taking the word "final" out.
20.-AMENDED
Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the applications' of Richard T. Gi rards, Newbridge Plants, Inc. ,
for the renewal of two (2) trailer permits - office and employee break area trailer,
.and office trailer, both -located at 6900 Wickham Avenue; Mattituck, be and hereby
are ugranted for a six (6) month period to April 7, 1988.
20.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 21 is a- retirement. -
21.-Moved by Supervisor Murphy, seconded. -by--, the Entire Town Board, it was
RESOLVED that the Town Board ..of--they:-Town of Southold hereby. accepts, with
regret, the resignation of Assessment Assistant Jack Sherwood, effective as of
November 1, 1987, at which time Mr. Sherwood will retire after ten years with
the Town of Southold, and extends their.sincere best wishes to Mr. Sherwood-in
his retirement years ahead.
SUPERVISOR MURPHY: I might add that he has been a fantastic employee for
these ten years and certainly will be missed.
COUNCILWOMAN COCHRAN: I'm sure the second is unanimous from the entire
Board.
COUNCILMAN PENNY: With regrets.
COUNCILMAN SCHONDEBARE : We're going to miss him.
21.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran; .Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy..
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is to grant permission to attend another seminar.
22.-Moved by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Assessor Scott L. Harris 'to. attend a Seminar on Assessment Administration,
to be conducted at the Ramada Inn, Albany, New York, on October 21 , 1987, and
the $75. 00 cost for the seminar, and all legal expenses for textbooks, travel, meals
and lodging shall be a charge against the Assessor's •1987 budget.
22.-Vote of the Town Board; Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice,Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 23 is -to accept a bid' for the Fishers Island
Ferry District. Ray?
23.-Moved by Justice Edwards, seconded by Councilman Penny, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to accept the bid of
Whaling City Dredge & Dock Corp. , the lowest responsible bidder, in the amount
of $97,506. 00, and enter into a contract for the replacement of six (6) dolphins
at the entrance of Silver Eel Cove, Fishers Island.
23.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards; Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 24 is to authorize the hiring of a part-time deck-'
hand.
364 OCTOBER 6, 1987
24.-Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of. the- Fishers. Island Ferry District to employ William T.-
Brown as a part-time Deckhand, effective immediately, at a salary of $6.25 per
hour.
JUSTICE EDWARDS : I might also add that this man is 'a Master also, and with
an enough experience he can be skipper on the boat. .
24.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED..
SUPERVISOR MURPHY: And Number 25 is 'to authorize a pay increase for a part-
time deckhand.
25.-Moved by Justice Edwards, seconded by Councilman Penny, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Asland Ferry District to increase the pay
rate or part-time Deckhand William J. Toivonen to $6.25 per hour, effective Sept-
ember 24, .1987;, whereas Mr. Toivonen has acquired a USCG license enabling him
to serve as operator (Captain) of vessels, thus .increasing his 'worth to the District._
25.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-*
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution 'was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 26 is 'to change the employment status of
a part-time Deckhand.
26.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board_ of Commissioners of the Fishers Island Ferry District to chan a the employ-
ment status of part-time Deckhand Robert P. Knauff, Jr. to that of part-time Purser,
effective October 8,- 1987, at a salary of $7. 93 per. hour.
2,6.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, - Council-
man Schondebare; Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 27 is 'a transfer of funds for Fishers Island
Ferry District.
Amended October 20, 1987 Resolution .#15
27.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of..the Town of Southold hereby authorizes the
following transfer of funds within the Fishers Island Ferry District 1987 Budget:
From: Surplus $80,'000. 00
—NYS Retirement 8,000. 00
Into: Repai r-s Docks $87,000. 00
Office Expense 1,000. 00
Insurance Claims 2,000. 00
Airport 51000. 00
27.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 28 is a authorization to execute a grant application.
28.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that ,the Town Board of the Town of Southold hereby authorizes and
directs Supervisor ..Francis J. Murphy to execute a qrant application, in the amount
of $130,000, to The Robert Wood Johnson Foundation for a Southold Town Alzheimer's
Disease and Related Disorders Day Care Pro ram.
28.-Vote of the Town Board: Ayes: Councilman Penny,, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED. , 0
SUPERVISOR MURPHY: And Number 29 is to authorize the Town Clerk to advertise
for bids.
29.-Moved by Justice Edwards, seconded by Councilman Penny, 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 removal of tires from the _.
Landfill Site, Cutchogue, New York.
29.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
OCTOBER 6, 1987 = 365 .
SUPERVISOR MURPHY: And Number '30. is to resolve that the firm of Rogers and
Taylor be and hereby appointed .to"prepare an appraisal: I offer that resolution.
30.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the firm
of Rogers and Taylor to prepare an appraisal of the premises owned by Sisu Develop-
ment, Inc. (Tax Map 1000-061. 00-01. 00-003. 000) for the purpose of acquisition
pursuant to the provisions of the Eminent Domain Law; and be it further
RESOLVED that said Firm of Rogers and Taylor be paid reasonable compensation
for their services.
SUPERVISOR MURPHY : For; thase.who don't know it's the piece of property adjacent
to the Town Hall which we're looking for office space for attorneys, justices of the
peace and parking for the Town.
COUNCILMAN SCHONDEBARE: It's pretty easy, just go outside and look for the
sign that says Sisu Development, Inc.
30.-Vote of the Town Board: Ayes:. Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 31 is 'to set a public hearing ony said proposal.
31.-Moved by Councilman Schondebare, seconded by Councilwoman Cochran,
WHEREAS', the Town -.Board of the Town of Southold is considering the acquisition
of a parcel of property on Horton Lane, Southold, which is immediately adjacent
to other .properties owned by the Town of Southold and reputedly owned by Sisu
Development, Inc. ; now, therefore, be it
RESOLVED that the Town Clerk is hereby directed to publish the attached Notice
of Public Hearing in two consecutive issues of The Suffolk Times and The Long
Island Traveler-Watchman, and in five consecutive issues of Newsday; said hearing
to be held on the 5th day of November, 1987, at 7:55 o'clock p.m. at the Southold
Town Hall, Main Road, Southold,. New York:
. NOTICE OF PUBLIC HEARING
NOTICE is hereby given that the Town Board of the Town of Southold will'
hold a public hearing to determine the need and location for the acquisition of a.
parcel of land situate on Horton Lane, Southold, and more particularly described
below, pursuant to`the provisions of the Eminent Domain Procedure Law of the
State of New York.
The hearing will be held on the 5th day of November, 1987, at 7:55 o'clock p.m. , or as soon thereafter as the matter can be heard , at the Town Hall Hof the
Town of Southold, situate at 53095 Main Road, Southold, New York 1.1971.
The proposed acquisition will be for the purpose of acquiring additional needed
land area and office space for the Town of Southold.
The proposed parcel to be acquired is 'a described parcel in' the Town of Southold
bearing Suffolk-County Tax Map No. 1000-061. 00-01. 00-003. 000 and bounded on
the North by premises of Academy Printing and Robert and Karen Kowalski, 'on
the South by the Town of Southold, on the East by the Town of Southold and on
the West by Horton Lane. Reputed owner: Sisu Development, Inc.
All persons having an interest in the proposed acquisition are invited to attend
the hearing, to give oral or written statements and to submit other documents concern-
ing the proposed acquisition.
Dated: October 5, 1987. By Order of the Town:-Board, Town of Southold, Judith
T. Terry, Town Clerk.
31.-Vote of the Town Board : Ayes: Councilman Penny,.-Councilwoman Cochran, Council-'
man Schondebare,. Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is 'to authorize the extension of the Letter of
Credit for Harbor Lights, Section .4, for a one-year period. I offer that resolution.
32.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
extension of the. Letter of Credit for Harbor Lights, Section 4, for a one-year period
to expire on October 1, 1988, all in accordance with the recommendation of the
Southold Town Planning Board.
32.-Vote of the Town -Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 33 is 'to authorize payment.
33.-Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
payment of $57,120. 00 (check postdated to October 7, 1987) to D LH/I NE Corp.
for computer software delivered to the Southold Town Hall on October 5, 1987.
33.-Vote of the Town Board : Ayes: Councilman Penny, Co uncilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
3 6 6 OCTOBER 6, 1987
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on-agenda.
Any of the Town Board members have anything further to say? Paul?
COUNCILMAN STOUTENBURGH: No.
SUPERVISOR MURPHY: Ray?
JUSTICE EDWARDS: Yes, a couple of things;. . Number one, we had an interesting
discussion today with Mr. Brad Burnham who's President of the Fishers Island
Civic Association, who flew over personally to talk to the Town Board about acquir-
ing the services of Nor.. Larry Penny, or someone to be sort of a watchdog .on our
fragile wetlands on Fishers Island, and the Town Attorney is going to look into
the matter- and we should have something resolved one way or the other at the
next Board meeting. Second, there was no mention at all about the formation of
a Garbage District in'the Town of Southold, excluding the islands, Fishers Island
and Plum, so I'm also going to write a letter to the Town Board and Town Attorney
Yakaboski just to let them know that we can't let this thing drag through another
year as it has the past two years. And thirdly, if 'any of you people are interested
and would like to look at the Fishers Island Gazatte--there were not enough copies
to go around, but Judy Terry has them and some of the other members have them
in' the office and it's a rundown of the things that have happened on the Island
within' the past three months, and also in' reading in there you will see where the
various groups on the Island are concerned with some of the wetland. violations
that have occurred in the past and they hope somehow they can make the people
over on the Island aware of it; and the people here in' Southold--the.Town Board,
and we can get some cooperation from the Town Board to further police the areas
of the Island. We do get the services of there, but they're not as close at hand
as they are here. . Thank you, Frank.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Yes. We received the disturbing news today--Jay wasn't
here--that the County Road 48 project in Mattituck is not going to be completed
as planned, and I'm going to register my disappointment because from what il'm
told now it's going to be some cosmetic work done in resurfacing the road and
not the straightening which we considered important enough to address a letter,
which I hope was sent to the DOT several months ago when they talked about
dropping this project. In' deference to comments made by the Supervisor earlier,
(change tape) I'm very disappointed with the Supervisor for not following through
on this with the Town Board's intent, and I would hope that we can set up a meet-
ing with the DOT with the entire Town Board present so we can register the full
Board's opinion on this.' Thank you.
SUPERVISOR MURPHY: Any other comments?
COUNCILMAN-PENNY: No, thank you.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Thank you, no.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE : No.
SUPERVISOR MURPHY: Anyone in the audience like to address the Town Board
on any matters that are of any concern? (No response:) Hearing none, I would
like to offer one final resolution. The Southold Town Board expresses it sympathy
to the family of Robert W. Tasker, Town Attorney from January 1 , 1958 to Sept-
ember 30, 1987, and adjourns the meeting in' his memory.
RESOLUTION IN MEMORY OR TOWN ATTORNEY ROBERT W. TASKER:
Moved by the Entire Town Board, seconded by the Entire Town Board,
WHEREAS, ROBERT W. .TASXF-R, -.a most esteemed official of the Town of Southold
since his appointment as SOUTHOLD TOWN ATTORNEY on January 1, 1958, passed
away on September 30, 1987; and
WHEREAS, ROBERT W. TASKER,exemplifed the highest qualities of leadership
and dedication; an individual of great integrity, whose personal courage and
character served as an inspiration .to all; and
WHEREAS, ROBERT W. TASKER's record of outstanding service, diligence to duty
and dedication to the Town of Southold and its people deserves the sincere gratitude
of those with whom and for whom he served; and
WHEREAS, ROBERT W. TASKER's dedication to a successful career in which he
demonstrated- his warm, sensitive personality and logical mind, allowed him to grasp-
the significance of the most complex- problems and sophisticated issues, and made
him a highly valued member of the legal profession; now, therefore, be it
OCTOBER 6, 1987 367
RESOLVED that the Town Board '"of the-Town di Southold, who will be deprived
of his wise counsel and judgment, hereby expresses! its most sincere sympathy
to the family of ROBERT.-W.-,TASKER, a man who gave his unselfish and wholehearted
cooperation and untiring efforts on behalf of the Town as SOUTHOLD TOWN ATTORNEY
for the past 30 'years; and be it further
RESOLVED that when the Town Board adjourns this day, it 'does so out of✓respect
to the memory of ROBERT W. TASKER: and be it further
RESOLVED that this 'resolution be presented to the family of ROBERT W. TASKER
and a copy be entered in' the permanent records of this Southold Town Board meeting.
Vote of the Town Board Ayes: Councilman Penny, Councilwoman Cochran, Counci l-
man Schondebare., Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . This resolution was presented to Mrs. Tasker at the funeral
and it was put on display for people to see. At this 'time I think maybe if we
had a moment of silence and then we'll adjourn the meeting.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 8:20 P.M.
Vote of the Town Board: Ayes:. Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburg, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
u t T. Terry
Southold Town Clerk