HomeMy WebLinkAboutTB-12/29/1987 464
SOUTHOLD TOWN BOARD
'DECEMBER 29, 1987
WORK SESSION
F
Present: Frank A. Kujawski, Jr., Deputy Supervisor, Justice Raymond W. Edwards,
Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman.Jean
W. Cochran, Councilman George L. Penny IV, Town Clerk Judith T. Terry. (Super-
visor Francis J. Murphy, ill with a back injury, arrived at 2:00 P.M. )
9:30 A.M. - For Discussion Items: (1) Letter from Walsh Park Benevolent, Fishers
Island, requesting (a) a waiver of the fees for the affordable housing project, and
(b) request that the Town consider purchasing a portion of their .property with the
recently approved preservation moneys. The Board will consider waiving the fees
upon receipt of proof that the Walsh Park Benevolent is non-profit. The"purchase
of a portion of the property will be considered. (2) Letter from Charles R. Cuddy,
attorney for Joseph & Judy Lizewski, Village Commons., Cutchogue, requesting the
waiver of the additional fee for the extension of,their building permit. Executive
Administrator Lessard advised the Board that their permit was for 18 months, with
a six month extension to December 24, 1987. They have never applied for a new
permit. Town Board agreed not to 'grant a waiver of. the. fee. (3) Transmittal of
the executed option for the development rights of the Joyce Terry property, Orient.
Public hearing scheduled for January 191 1988 (see resolutions 13 and 14).. (4)
Letter from Eric Bressler, attorney for North Fork Bank E Trust Company concerning
the applicability of the alarm law to-the bank. Also received by the Town Clerk,
seven applications from the bank's security officer'deleting certain pertinent informa-
tion. Board agreed to waive the submission of the location of the alarm systems at
the various branches of the bank, but requires the $24.00 fee for each location.
(5) Letter from Cummings E Lafayette, P.C. concerning lead agency declaration for
the Fishers Island solid waste incinerator. Board agrees the Fishers Island Garbage--
and Refuse District should make the desiqnation, not the Town Board.
EXECUTIVE SESSION
10:30 A.M. - Town Board discussed personnel with Planner Valerie Scopaz.
10:50 A.M. - Work Session reconvened. Councilwoman-elect Ellen Larsen request
the Town Board's support of the Trustees' designation of Cricitical Environmental
Areas within the Town of Southold (see resolution no. 17) . Board included in their
proposed resolution a request to the Town Trustees to create a map_ depicting the
designated areas.
11: 15 A.M. - Board reviewed resolutions for the regular meeting, and audited bills.
12:05 P.M. - Recess for lunch.
2:00 P.M. -. ,Work Session reconvened. Supervisor Murphy and Acting Town Attorney
Yakaboski present. Discussion relative to the issuance of a new Certificate of
Occupany form. Attorney Yakaboski submitted a form he had drawn up and the
Town Board placed a resolution on the regular meeting agenda (no. 18) directing
the Building Department to use Mr. Yakaboski's form in the future.
2:50 P.M. - Supervisor Murphy urged the Town Board to appoint an Assistant
Town Attorney - his choice would be Robert Berntsson. The manner of appointment
was discussed - title, would a local law be necessary; would the position fall under
civil service regulations? Acting Attorney Yakaboski recommended appointing a Town
Attorney first and then consulting with the Town Attorney for his recommendation
with respect to a deputy or assistant. Councilwoman Cochran and Councilman Penny
agreed the Town Attorney should be appointed first, or at least deal with both appoint-
ments at the same time. This matter will be addressed at the Organizational Meeting
on January 4th.
3: 10 P.M. - Work Session adjourned.
DECEMBER 29, 1987 REGULAR MEETING 465
3: 15 P.M.._
A Regular Meeting of the Southold Town Board was held on Tuesday, December
29, 1987 at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Murphy opened the meeting at 3:1.5 P.M. with the Pledge of Allegiance to the Flag..
Present: Supervisor Francis J . Murphy
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny I V
Town Clerk Judith T. Terry
SUPERVISOR MURPHY: It's nice to have an afternoon meeting, even though it's
the last meeting of the year, right, Jean?
COUNCILWOMAN COCHRAN : Right, Frank.
SUPERVISOR MURPHY: And I notice the attendance is just about the same.
COUNCILMAN SCHONDEBARE : Yes, it really hasn't changed. The same faces.
And I think you for accommodating me over this period of time for those evening
meetings, because I had a hard time making the day ones.
SUPERVISOR MURPHY: You did well. Okay, the first is a resolution approving
the audit of today.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby are ordered paid: General
Fund Whole Town bills in the amount of $38,320. 44; General Fund Part Town bills in
the amount of $16,684. 78; Highway Department bills in the amount of $16, 131. 95;
Fishers Island Ferry District bills in the amount of $7,.384. 49; Agricultural Lands
Capital Account bills in the amount of $3,868. 40; Fishers Island Sewer District bills
in the amount of $127.00; Computer Capital Account bills in the amount of $1,571. 00.
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards. Abstain: Supervisor
Murphy- (was not present for the audit) .
This resolution was declared ADOPTED.
SUPERVISOR MURPHY: Approval of the minutes of December 15, 1987 Town Board
meeting.
Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the minutes of the December 15, 1987 Southold Town Board Meeting
be and- hereby are approved.
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution setting the next meeting date for the
Organizational Meeting, Janaury 4th, 3:00 P.M. , and a Regular Meeting on January
5th, Tuesday, at 7:30 P.M. , Southold Town Hall. I offer that.
Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the following Town Board meetin s are hereby scheduled: Organizational
Meeting, 3:00 P.M. , Monday, January 4, 1988, Southold Town Hall, Main Road, Southold,
New York; Regular Meeting, 7:30 P.M. , Tuesday,. January 5, 1988, Southold Town
Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
I . REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on the agenda, Reports.
1. Dimension Cable Services subscriber compaint letters - November, 1987.
2. Employee Benefit Time Report - November, 1987.
3. Councilmen's Reports. I'd like to- ask the Councilmen if they have anything
to report at this time? George?
DECEMBER 29, 1987
466
COUNCILMAN PENNY: The Town Board, the Water Advisory Committee and the.
Farmland Advisory .Committee and the Planning Board met on the Critics Waters ed
Area, and also discussed at that time was the acqusition of a 30 acre parcel in
Cutchogue which comes as a real windfall to us. We have some developers that are
very interested into getting into the program with the Town. And we also had a
follow-up discussion on land .use controls and the concensus seemed to be to use
clustering and possibly consider TDR's. And that's all. Thank you.
SUPERVISOR MURPHY: Paul, a final?
COUNCILMAN STOUTENBURGH : Nothing.
SUPERVISOR MURPHY: Nothing final to say?
COUNCILMAN STOUTENBURGH : Not a thing.
SUPERVISOR MURPHY: Okay. Raymond?
JUSTICE EDWARDS : No, not much. Thank you, Frank.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE : Nothing, thank you, Frank.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: We had a Rec meeting on the 21st. It was just to
update--bring people up to date and share some information with them. That's about
it.
SUPERVISOR MURPHY: Okay, the only thing I have to add is to what George has
said. Paul was at that meeting also and it's a very good program, and it looks
like it's going very well. The possible financing, we did have one meeting already,
and we hope to have a combined Local Law for the six east end towns on the land
transfer tax to be ready around the 15th of the month, to have one that we will
not have a one-house bill again. That it will be one that the Assembly and the
Senate agree upon before hand. So we're working on that. Also I did meet on
behalf of Dr. Barry Commoner, and representatives from East Hampton and Greg
Blass on a county-wide program on the recycling program that was done, to how
it would fit in and what the needs would be from the results for East Hampton.
It's strictly mathematical figuring out number of bodies and all that. Looks like
he might get the grant from a private foundation-the North Fork Universalist Church.
They give out about eight million dollars in grants a year, that's how wealthy .they
are, if you can imagine.
PUBLIC NOTICES.
SUPERVISOR MURPHY: There are two public notices, and they're posted on the
Town Clerk's Bulletin Board.
1 . New York State Department of Environmental Conservation, Notice of Complete
Application of Murray Schlussel to construct three single family dwellings and septic
systems with a 15 ft. variance (on. average) to tidal wetland setbacks for dwellings
is requested. Location: Eugenes Creek, Cutchogue. Comments by January 8, 1988.
2. New York State Department of. Environmental Conservation, Notice of Public
Hearing on application of David Merz to construct 150 feet of new bulkhead, return
and place fill. Location: Sterling Basin, Greenport. Hearing: February 5, 1988,
10:00 A.M. , Greenport Village Hall.
III . COMMUNICATIONS.
SUPERVISOR MURPHY: There is one communication from the Mattituck Lioness Club
thanking the Town for assistance at their October Harvest Fair.
IV. PUBLIC HEARINGS. (None)
V. RESOLUTIONS .
SUPERVISOR MURPHY: We'll move on to resolutions. I think everybody here knows
our policy, but if not, anyone can speak at this time on any proposed resolution
that we have. Later on anyone can address the Board on anything that concerns
them. So anyone here like to comment to the Board on a proposed resolution? (No
response.) Hearing none, moving on to the first resolution.
1.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of the H2M Group to provide 1988 Engineering/Analytical Services for the Southold
Scavenger Waste Treatment Facility on a per diem basis not to exceed $24,500.00.
1.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
DECEMBER 29, 1987 467
SUPERVISOR MURPHY: Number 2 is to:'amend a prior. resolution.
2.-Moved by Supervisor;Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold: hereby. amends their
Resolution No. 14, adopted on. November 5 ' 1987, appointing Marie Helinski as a
Bookkeeper for the Supplemental.,Nutrition. Assistance Program, to read : "Marie
Helinski, part-time Account Clerk_ 3 hours per weekend, .$5.00 per hour".
2.-Vote of the Town Board : Ayes: .Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Councilman Stout-'enburgh, Justice Edwards, Supervisor
Murphy. This resolution was declared duly_ ADOPTED .
SUPERVISOR MURPHY: Number 3 is to encumber funds from the General Fund
Whole Town.
RESCINDED portion of following by Resol. #3 on December 5, 1988
3.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
encumberance of the following funds to the General Fund Whole Town 1987 budget:
A7520. 4 . Historical Properties. $2,900.00
(Landmark Preservation Committee publication of "Holw 'Old' Is Your House")
A7320. 4 Joint Youth, Contractual Expenses $ 611.00
(Recreation Department - undelivered basketball goals, pool ball sets)
A8510. 4 STOP Program, Contractual Expenses $8,000.00
(Hazardous Waste building at Landfill, to be delivered in early 1988)
A3610. 4 Examining Boards, Contractual Expenses $ 921.00
(Pamphlet publication for Conservation Advisory .Council)
3.-Vote of the Town Board Ayes: Councilman Penny; Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to authorize the installation of a street light
at County Road 48 and Hortons Lane, Southold. I offer that.
4.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Commissioner
of Public Works Raymond L. Jacobs to install a street .light at the intersection of
County Road 48 and Horton Lane, Southold.
4.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 5 is a transfer of funds in the Highway `Department.
5.-Moved by Councilman Schondebare, seconded .by Justice Edwards, it was
RESOLVED that the. Town Board of the Town of Southold hereby authorizes the
following transfer within the Highway Department 1987 budget:
From : DA9010. 8 Retirement $4,280. 33
Into: DA5142. 1 Personal Services, Snow Removal $4,280.33
5.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, .Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Ray knew the storm was coming. And Number 6. is to accept
a passbook in the amount of $5,000.00 as a bond for the Soil Removal Permit for
Brewer Yacht Yard. I offer that resolution.
6.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts Southold
Savings Bank Passbook #1-9-89756 in the amount of $5,000.00 as a surety bond with
respect to the Soil Reamoval Permit of Brewer Yacht Yard at Greenport, Inc.
6.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran,
Council-man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor
Murphy. This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 1 believe we'll hold until Tuesday (appointment
of Robert H. Berntsson as Assistant Town -Attorney) . Number 8 is a resolution
urging Dr. Koppelman to include the Southold Town Core Watershed Area in a Special
Groundwater Protection Area. I offer that resolution.
COUNCILMAN STOUTENBURGH : Does that include the map too?'.
SUPERVISOR MURPHY: Yes.
8.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, Southold Town, for the past four years, has been studying its grouridwater
resources and developing a groundwater management plan; and
WHEREAS, it has come to the Town Board's attention that the state-sanctioned Special
Groundwater Protection Areas Advisory Council is not considering any lands in Southold
Town for inclusion in a special groundwater protection area; and
`t 8DECEMBER 29, 1987
WHEREAS, the Southold Town Water Advisory -Committee has designed two core water-
shed areas within the.Town of Southold, between the Riverhead/Southold' Town line
and Southold hamlet; now, therefore, be it
RESOLVED that the Town Board hereby directs the following letter be transmitted
to Dr. Lee Koppelman, Chairman of the Special Groundwater Protection Areas Advisor
Council: Dear Dr. Koppelman For more than four years', Southold Town has been
studying its groundwater resources and developing a groundwater .managemen.t:..plan
to ensure that future generations of our residents will have a safe and adequate
source of drinking water. It is therefore quite unsettling to.. realize that the state-
sanctioned Special Groundwater .Protection :Areas Advisory Council is not even con-
sidering any lands in Southold for inclusion as a, special groundwater protection
area. The Town Board has requested that I write to you in your capacity as chairman
of the council, asking you to reevaluate this position and to consider for inclusion
the prime recharge areas of Southold Town. The Town's Water Advisory Committee
has designated two core watershed areas, one stretching from the Riverhead/Southold
Town line to Mattituck hamlet, and the other from Mattituck hamlet to Southold hamlet_.
Both of these areas are entered over the groundwater divide. Some of the best
water quality in the town lies below these core areas. . If proper management plans
are implemented and sites are acquired within this core area for future public 'water
well fields then Southold Town will be assured that it will always be able to meet
the needs of its residents. As you are aware, it is not easy to implement ;land controls
on, or to acquire ownership of, desired lands for::future well sites. Therefore,
designation by the Advisory Council will be. most important to the Town in its quest
to protect or acquire these core watershed areas for water supply purposes. The
areas being designed by the Town as core watershed areas are as follows:
Area #1
From the Riverhead/Southold Town tine, an area`-stretching 1,500 feet north of,
and 1,500 feet south of, the Long Island Lighting Company right-of-way, eastward
to the projection of Cox. Neck Road on 'the west side. of the hamlet of Mattituck.
Area #2
From a point on Mill Lane in Mattituck, 500 feet south ,of the Long Island Railroad,
along a line which is 500 feet south of the railroad right-of-way, and parallel to
it, eastward to a line that runs perpendicular to the railroad right-of-way, said
line being 800 feet east of Ackerly Pond Lane in Southold hamlet, thence northerly
along said line until it intersects with the Long Island Light Company right-of-way,
thence. westerly along said L.I .L.C.O. right-of-way to a point where it intersects
with Mill Lane, thence southerly along Mill Lane to the point of beginning.
Attached, for your reference, is a map of the areas so designated as the Southold'
Town Core Watershed ARea. We, in Southold Town, feel strongly about protecting
our groundwater resources and will do whatever is necessary to get this message
through to your council. The $1, 750,000 bond issue just approved by the Town
referendum for use in purchasing some of this land for future well sites is proof _
that our residents support the protection of our water resources. Your support
and that of the Groundwater Protection Areas Advisory Council will reinforce the
Town's action. Therefore, we hope the Council will favorably endorse our request
and include these areas in the scope of their plans.
8.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, .Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : And Number 9 is to. allocate Special Revenue Sharing Funds.
9.-Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates Special
State Revenue Sharing Funds as follows:
General Fund - Whole Town: $24, 626. 54
General Fund - Part Town : $10,343. 15
9.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 10 is to designate Barbara Haurus, Suffolk
County National Bank as Deputy Receiver of Taxes.
10.-Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Barbara
Haurus, bank officer, Suffolk County National Bank, as Deputy Receiver of Taxes
for the Town of Southold, effective immediately through December 31, 1988; Mrs.
Haurus to serve in this position without compensation.
10.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 11 is a transfer of funds in the. Nutrition Program.
DECEMBER 29, 1987 4 6-9
11 .-Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of.,-Southold hereby authorizes the
following budget modification within the Nutrition Program 1987 budget:
To: Food $ 7,500. 00
Vehicle Maintenance 100.00
Telephone 100. 00
Supplies 350.00
Disposables 250.00
Equipment (hot water heater) 750. 00
Fringes 3,200.00
$12,250.00
From : 11113 Gas & Oil $ 4,970.00
Driver/Outreach 3,977.00
Kitchen Aide 1, 150. 10
Kitchen Aide 190.30
Assistant Site Manager 170. 6.0
Driver 69. 50
T ravel/Staff 35. 50
Equipment Maintenance 100. 00
Bottled Gas 50.00
Equipment (Van) 400.00
Participant Income 1, 137. 00
$12,250. 00
11.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12a is a transfer of funds in the General Fund
Whole Town.
12. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1987 Budget modifications to the General Fund - Whole Town:
To: A1010. 4 Town Board, Contractual Expenses $10,000.00
A1110. 4 Justices, Contractual Expenses 1, 700.00
A1420. 4 Town Attorney, Contractual Expenses 3,000.00
A1680..4 Data Processing, Contractual Expenses 1, 000.00
A7180. 4 Beaches, Contractual Expenses 1,250.00
A7510. 4 Historian, Contractual Expenses 350. 00
A9040.3 Worker's Compensation 8,050.00
$25,350. 00
From : A1355.2 Assessors, Equipment $ 3,000. 00
A8160. 4 Refuse S Garbage, Contractual Expenses 14,30.0.00
A9050. 8 Unemployment I nsurance 2., 000. 00
A9055. 8 CSEA Benefit Fund 6, 050. 00
$25,350.00
12.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
(a) man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED .
SUPERVISOR MURPHY : Number 12(b) is a budget modification in Part Town.
12.-Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was
(b) RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1987 Budget modifications to the General Fund - Part Town:
Revenues:
To: B1560 Building Inspection Fees $ 55,000. 00
B2115 Planning Board Fees 30,000.00
B2701 Refund prior years expenses 50,000. 00
B3001 Per Capita 10,000. 00
$145, 000.00
Appropriations:
To: B3120. 1 Police, Personal Services $138,500. 00
B3157. 1 Juvenile Aide Bureau, Personal Services 8, 450. 00
B3157. 4 Juvenile Aide Bureau, Contractual Exp. 1,200. 00
B8010. 4 Zoning; Contractual Expenses 300. 00
B8020. 4 Planning, Contractual Expenses 200. 00
B9040. 8 Worker's Compensation 18, 000. 00
$166, 650. 00
From: B3157.2 Juvenile Aide Bureau, Equipment $ 300.00
B3130. 4 Bay Constable, Contractual Expenses 900.00
B8020. 1 Planning, Personal Services 10, 450. 00
B9030. 8 Social Security 10,000.00
$ 21, 650.00
12.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
(b) man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor. Murphy.
This resolution was declared duly ADOPTED.
470 DECEMBER 29, 1987
SUPERVISOR MURPHY : Number 13 is to execute the option)on the acquisition of
the farmland of Joyce Terry, Orient.
13.-Moved by Councilman Stoutenburgh, 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 Farmland Development Right
Acquisition - Option Agreement between the Town of Southold and Joyce P. Terry
for 38.5 acres of land, north and south sides of Main Road (Route 25) , Orient,
New York.
13.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to set a public hearing on the Terry Farmland
Development Rights.
14.-Moved by ;Councilman Stoutenburgh, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8: 00 P.M.
Tuesday, January 19, 1988, Southold Town Hall, Main Road, Southold, New York,
as time and place for a public hearing with regard to the Acquisition of Development
Rights in, the Agricultural Lands of Joyce P. Terry; 38. 5 acres of land north and
south sides of Main Road (Route 25) , Orient, New York.
14.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice. Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 15 is to create a Planner position. But before
we do this, you know we have no money in the budget for this position.
COUNCILMAN PENNY: Yes, we do. We have Diane's salary. Diane is leaving and
this is replacing Diane. It's a different position.
SUPERVISOR MURPHY: And she's not going to ask for another person then?
COUNCILMAN PENNY: A clerk typist.
COUNCILMAN SCHONDEBARE : You're going from the Administrative Assistant to
the Planning Trainee.
SUPERVISOR MURPHY: And she's still in school, this girl.
COUNCILMAN PENNY: No, she just has to do her thesis, that's all she's got to
do. It's all cleared with Civil Service and they've given it their blessing.
IS.-Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board fo the Town of Southold hereby creates the position
of Planner, sets a salary of $19,500.00 per annum for said position, and authorizes
and directs the Supervisor to call for a Suffolk County Civil Service Certification
of Eligibles List for said position.
15.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to appoint Melissa Spiro to the Planner position.
16.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Melissa
Spiro to the provisional position of Planner, as a Planner Trainee, effective January
11, 1988, at a salary of $19,500.00 per annum.
16.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is a resolution supporting the Trustees' designation
of Critical Environmental Areas..
17.-Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby goes on record
in support of the Board of Town Trustees' designation of Cricital Environmental
Areas within the Town of Southold, and requests the Town Trustees to create a
maq der)ictinq the desiqnated areas.
COUNCILMAN PENNY: This is strictly the Trustees?
COUNCILWOMAN-ELECT ELLEN M. LARSEN: This is strictly the Trustees.
SUPERVISOR MURPHY: This is fresh water?
DECEMBER 29, 1987 - 4 71
COUNCILWOMAN-ELECT LARSEN: No, tidal wetlands. The areas`we. public hearings
were held in July, August and September consecutively, and they -were: based on
the significant coastal fish habitats within the Town, so we've just out critical area
designations on those undeveloped parts of the significant habitat areas. - given
a Type I action throughout the state.
COUNCILMAN PENNY: And the Trustees ;cannot go beyond 75 feet from wetlands.
That's where it automatically stops.
COUNCILWOMAN-ELECT LARSEN : Yes, this area is contiguous to. Would apply
to areas contiguous to.
COUNCILMAN STOUTENBURGH : I don't think that's the way, it's worded.
COUNCILWOMAN COCHRAN : No, I don't think so either.
COUNCILMAN STOUTENBURGH : It's worded "contiguous to".
COUNCILMAN SCHONDEBARE : Or "substantially contiguous to".
COUNCILMAN PENNY: Can we give that authority to the Trustees ?
DEPUTY SUPERVISOR KUJAWSKI : No, no, that's not it. The Trustees still retain
the same authority, it's just Type 1 for an application within the Trustees jurisdiction.
If your property is contiguous to it that is going to make a Type I action.
COUNCILMAN PENNY : Whether you're within 75 feet or not?
COUNCILMAN STOUTENBURGH : Yes.
COUNCILMAN PENNY: Can we do .that?
COUNCILMAN STOUTENBURGH : Sure.
DEPUTY SUPERVISOR KUJAWSKI It'.s not a question of can you do it, it's a question
of the way the law is written.
COUNCILMAN PENNY : We're broadening the scope of the Trustees jurisdiction is
the way I read that.
COUNCILWOMAN-ELECT LARSEN : No, we wouldn't have jurisdiction anywhere other
than where we have it now, and this is only going to be the critical environmental
areas is only going to apply to the underwater lands that the Trustees have juris-
diction over. Actually it's not .going to apply in the Wetlands Ordinance, it's only
going to apply to areas contiguous to the underwater lands that are included in
it. So we have jurisdiction 75 feet anyway. The DEC has jurisdiction 300 .feet
anyway, so this is just going to automatically set a Type I action, except that moorings
will be exempt. Most of the.areas are undisturbed tidal marshes.
COUNCILMAN STOUTENBURGH : I think what Frank is saying is the key to the
whole thing, that anything that's contiguous to this area that the Trustees have
jurisdiction over must have a class 1--Type I action.
COUNCILMAN PENNY: I really think we ought to hold up on this.
COUNCILWOMAN-ELECT LARSEN : We can do it anyway. We can send a. letter to
Albany tomorrow if we want. All we're asking to do was to get the Town Board's
support on this. From our understanding most areas of Long Island are including
more and more areas that they want looked at. It doesn't take anybody's rights
away, it just says--and if you read I believe in the Critical Environmental Areas
it states that it is not an absolute necessity that a Long EAF be completed. It's
just going to type it as a Type I .
COUNCILMAN SCHONDEBARE: We went through this the last time with this Critical
Environmental Area, and in reading the law on it, all it does is trigger a Type I .
It didn't even call for a DEIS . if I remember correctly. It seems to me to be awful
weak. I always thought that if you're going to do a Type I that a DEIS should
be mandated. It doesn't call for that. It's a little misleading. It's not that stringent
at all. I have no problem with it.
COUNCILMAN PENNY: What is going to happen now when you have parcels of.property,
strip parcels that run down say close .to Hallocks Bay. Now let's take somebody
like the Lathams and they want to build up-alongside the road. Automatically this
trigger--when they go in to get a building permit, which would be a normal thing
right now--the Building Department is going to say, "Wait a minute, you've got
to file an Environmental Impact Statement on this. "
COUNCI LWOMAN-ELECT OLIVA: No,you don't. Not 'an Environmental Impact State-
ment, George. An Assessment Form, but not an Impact Statement. Two different
things. Just the Assessment Form.
4 n DECEMBER 29, 1987
L DEPUTY SUPERVISOR KUJAWSKI : Depending on what they want to do,. the Assessment
Form may require them subsequently----
COUNCILWOMAN-ELECT OLIVA: But you don't. have to do that initially.
COUNCILMAN SCHONDEBARE They don!,t have to the DEIS at all. Just the two
pages that we have here.
COUNCILMAN STOUTENBURGH : If the guy's building "75 feet. or 100 feet alongside
the marsh, then maybe would ask for a DEIS.
DEPUTY SUPERVISOR KUJAWSKI : What it will do, it will help you with those routine
type of things that go through the bureaucracy and never get picked up
COUNCILMAN SCHONDEBARE: It's a red flag.
COUNCILMAN PENNY: It's a red flag if somebody picks it up.
COUNCILMAN SCHONDEBARE : That's why I 'm looking for a map.
SUPERVISOR MURPHY : Well, it's a little better chance of being picked up. Okay,
any other questions on it?
Vote on Resolution No. 17.
17.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 18 is to authorize the Building Department to use
the next Certificate of Occupancy form as prepared. by the Town Attorney.
18.-Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the. Town Board of the Town of Southold hereby authorizes and
directs the Building Department to begin issuaing a new Certificate of Occupancy
form as prepared by the Town ATtorney, and which shall read in part as 1 follows:
"YOU ARE HEREBY NOTIFIED that the above referenced lot may be built upon
only after the issuance of a building permit and compliance with the following require-
ments of the Town and the rules and 'regulations of such additional state and county
agencies or regulations thereof that may be applicable.
I . That the lot is held in single and separate ownership and has been so
held prior to the adoption of any amendments to our Town zoning ordinance which
may have increased the requirements for lot with or area, or have amended front,
side, or rear yard set back requirements.
2. That if this lot is situate within an approved subdivision that all necessary
road, drainage, and other required improvements have been completed in accord
with the rules and regulations of the Planning Board and those of the Highway Depart-
ment of the Town of Southold.
3. That the lot received Health Department approval as to water and septic
systems.
4. That the Department of Environmental Conservastion approval has been
obtained.
5. That the Board of Trustees approval has been obtained.
6. That the Board of Zoning Appeals approval has-been obtained.
YOU ARE FURTHER NOTIFIED that this Building Department has made no
independent determination as to the applicability of any one or all of the above in
issuing this vacant lot certificate of occupancy."
18.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Okay, no other resolutions. I wonder if you could give
us an account, Judy, of how many resolutions these two people have passed in their
four years or worked on, just to give them some idea of the paperwork they generated
TOWN CLERK TERRY: A lot. I 'll have to put that on my computer.
SUPERVISOR MURPHY: Okay, Jean, you would like to make the one presentation
for Jay, and then we have another one for Paul.
19.-Moved by Councilwoman Cochran, seconded by the Entire Town Board,
WHEREAS, JAMES A. SCHONDEBARE, a most esteemed official of the Town of Southold
is retiring from his position of COUNCILMAN on December 31, 1987; and
WHEREAS, JAMES A. SCHONDEBARE has given generously of his time and talent
in his faithful service to the residents of the Town of Southold as COUNCILMAN
since January 1, 1984; and
DECEMBER 29, 1987 473
WHEREAS, COUNCILMAN SCHONDEBARE'S record of fine service, diligence to duty
and dedication to the Town of Southold deserves the sincere gratitude of those with
whom and for whom he has served; and
WHEREAS, the Town of Southold will be deprived of his wise counsel and judgment
as COUNCILMAN ; now, therefore, be it
RESOLVED that the Town Board of the Town oLf Southold hereby expresses its most
sincere appreciation to JAMES A. SCHONDEBARE for his unselfish and wholehearted
cooperation and untiring efforts on behalf of the Town, and extends their best wishes
for the years ahead ; and be it further
RESOLVED that a copy of this resolution be presented to COUNCILMAN SCHONDEBARE
and entered in the permanent records of this Town Board meeting.
19.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILMAN SCHONDEBARE: I wish the new in-coming Town Board many, many
hours of pleasure together, and I hope there's a lot of compromising and giving
on everyone's part so you can get something done in the next four years.
SUPERVISOR MURPHY: Thank you, Jay. Here's the replica of the Town Seal,
and it will say "in Appreciation to Councilman Jay Schondebare, January 1; 1984
to December 31, 1987." You can put this in your office or bring it home and always
remember us. We have a resolution for Paul also.
20.-Moved by Supervisor Murphy, seconded by the Entire Town Board,
WHEREAS, PAUL STOUTENBURGH,a most esteemed official of the Town of Southold
is retiring from public service on December 31, 1987; and
WHEREAS, PAUL STOUTENBURGH has given generously of his time and talent in
his faithful service to the residents of the Town of Southold as COUNCILMAN since
January 1, 1984; and
WHEREAS, COUNCILMAN S.TOUTENBURGH'S record of fine service, diligence to
duty and dedication to the Town of Southold deserves the sincere gratitude of those
with hom and for whom he has served; and
WHEREAS, the Town of SOuthold will be deprived of his wise counsel and judgment
as a COUNCILMAN ; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby expresses its most
sincere appreciation to PAUL STOUTENBURGH for his unselfish and wholehearted
cooperation and untiring efforts on behalf of the Town, and extends their best wishes
for the years ahead ; and be it further
RESOLVED that a copy of this resolution be presented to COUNCILMAN STOUTENBURGH
and entered in the permanent records of this Town Board meeting.
20.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Paul, congratulations.
COUNCILMAN STOUTENBURGH : I 'd like to echo Jay's remarks about the future
Board, and the good work they will be doing and hopefully cooperation among every-
one.
SUPERVISOR MURPHY: And- here, Paul, not to be outdone, here's your Seal. And
Jean, I think you have a couple more? Paul, and here's a little something else that
we have for you, and for you, Jay. (Councilman nameplates framed.) I echo every-
one's sentiments to you two. It certainly was a pleasure working with the two of
you over these last four years, and I think we accomplished much. We had some
good times. We had a little wild times at times, but they were always in the spirit,
I think, of serving the people. I thank you two for your dedication for the last
four years. I think the two you have done a magnificant job and the people of
Southold, I 'm sure, thanks you the way we do. Is there anyone else who would
like to address the Town Board ? Town Board members? Anyone in the audience?
(No response.) If not, a motion to adjourn and wish everyone the best of health
and happiness for the New Year.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 3: 55 P.M.
Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
�ud . Terry
Southold Town Clerk
474
SOUTHOLD TOWN BOARD
SPECIAL MEETING
JANUARY 4, 1988
A Special Meeting of the Southold Town Board was held at 1 :10 P.M. , Monday,
January 4, 1988 at the Southold Town Hall, Main Road, Southold, New York.
Present: Frank A. Kujawski, Jr.
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
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes .and
directs that the Organizational Meeting, scheduled to be held at 3:00 P.M. , Monday,
January 4, 1988, at the Southold Town Hall, Main Road, Southold, New York, shall
be held at 3:00 P.M. , Monday, January, 4, 1988, at the residence of Supervisor
Francis J . Murphy, Old Main Road, Mattituck, New York. (Supervisor Murphy Was
unable to travel due to a back injury.)
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards.
This resolution was declared duly ADOPTED. .
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that this Special Meeting be and hereby is adjourned at 1 :12 P.M. , and
the Town Board shall travel to the residence of Supervisor Francis J . Murphy, Old
Main Road, Mattituck, New York, to commence the Work Session prior to the Organ-
izational Meeting.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council-
man Penny, Councilwoman Cochran, Justice Edwards.
This resolution was declared duly ADOPTED.
,/ Judith T. Terry
Southold Town Clerk