HomeMy WebLinkAboutTB-04/08/1986 374
SOUTHOLD. TOWN BOARD
APRI L 8,: :1986-
WORK SESSION
Present: Supervisor Francis 'J. Murphy, 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, Town Attorney Robert
W. Tasker (9:40 A.M.), Deputy Supervisor Frank Kujawski, 'Jr. (2:30 P.M.) .
9: 00 A.M. - Michael Zweig, member of the Southold Town Economic 'Advisory Committee,
met with the Board to discuss his 'proposal for a study of the grape and wine industry
on the North Fork,. its future prospects and its impact on the local economic. Mr.
Zweig submitted a proposed budget of $16,390..00 to conduct the study this summer,
which includes a ten day, trip'to Napa Valley and the University of California 'at Davis,
the use of a research assistant graduate student, and technical consultant Larry Fuller-
Perrine, MS. Mr. Zweig outlined in'detail the proposed scope of the study. The Board
advised Mr. Zweig that they had ever expended this sum of money on a study of this
type, and Mr. Zweig advised the Board that he had discussed his proposal with
Community Development Administrator Jim McMahon who had indicated there are some
funds available. Mr. Zweig was asked to draw a proposal for possible funding, aside
from Town funds, and present it 'at the April '22nd Work Session.
9:45 A.M. - Doris Johnson and Jean Tiedke met with the Board to request an alloct:_
of $2,500. 00 for electrical work in home Mrs. Johnson owns on Kaplan Street, Greenport,
and where she plans to provide a Single Parent Residence for unwed teenage mothers
and their infants, where they would receive guidance and an opportunity to continue
their education: The Village of Greenport has appropriated $15, 000.00 toward this '
program. The Board agreed to provide the $2,500.00 appropriation from the Whole
Town Contingent account (see resolution No. 26) .
10:00 A.M. - Mary Mooney-Getoff and Pat Combs, representatives of Host Homes
of the North Fork met with the Board to present their `proposal for legalizing Bed
and Breakfast Homes and Guesthouses in'the Town of Southold. They reviewed
their 'proposal, pointing out that"when local motels are filled, there is 'still ' resta ura nt
seating and space in the stors for shopping. Lack of motel rooms should not limit
local merchants and restauranteurs from earing the dollars that could be spent by
potential overnight guests in' local homes.!' Other communities have zoning regulations
that recognize the non-commercial character of bed and breakfast as an incidental and
secondary use of the home in'a private residential area. The Board agreed the
concept should be considered by the Code Committee for incorporation in' the proposed
updated zoning code as a special' exception.
10:30 A.M. - For Discussion Items: (1) Request of David Markel for an allocation
of funds for the North East Stage presention this summer of "Mark Twain's:
Mississippi Mud". The request will be referred to Recreation Director Susan Fossett
for .research and a recommenation to the Board. (2) Memorandum from Szepatowski
Associates, Inc. for amendments to Chapter 44 of the Code concerning Environmental
Impact Statement review fees. Town Attorney Tasker assured the Board the present
code provides for this. (3) Letter from East End Counseling Project, who have
submitted a proposal to the United Way of Long Island Special Allocations Grant
Program for $10, 000 for a human services and substance abuse counselor, for a letter
of support and matching $10,000 grant from the Town to enable the services of a full-
time counselor. The Town presently has a counselor under their own grant, but will '
send a letter of support. (4) Letter from Walter L. Smith, President of The Incorp-
orated Long Island Chapter, New York State Archaeological Association, to Planning
Board Chairman Bennett Orlowski, transmitting a resolution from their Board of
Trustees, urging that Fort Corchaug, located on the upland west of Downs Creek,
be designed on the Southold Town Master. Plan and that steps be taken to prevent
accidental or purposeful destriction of this landmark. The Planning Board will be
asked to submit their 'recommendations on this request to the Town Board. (5)
Letter from the New York State Supervisors' and County Legislators' Association
APRIL 8 , 1986 375
advising the Board thaf the New York°':Saafe`Commissior `on Cable Televion has
proposed a rulemaking, the ultimate effect of which could be either: (1) the immediate
loss of two (maximum three) existing services on the Basic Cable Service; or (2) the
immediate forcing of two (maximum three) existing Basic Services into a higher priced
tier. The Board declined application on the request of the Association to adopt a
resolution of opposition. (6) Letter to Councilman Penny from Assemblyman Sawicki
apprising him of the current status Iof pending legislation designed to protect and
preserve our surf-clam industry on Eastern Long Island, specifically in Long Island
Sound. (8-a.) Supervisor Murphy asked the Board if 'they would be willing to
accept the door mat for the Town Hall front entry, donated by Burt Lewis.' which
contained the words: "Southold, FJM", if 'the "FJM" were removed. The Board
agreed this would be acceptable. (8-b.) Letter from Executive Administrator
Lessard requesting a summer clerk to update the Assessor's, property record cards
to reflect decisions made by the various boards over the years, thereby avoiding
the issuance of erroneous permits and possible litigation. The Board felt rehiring
Suzanne Walden, a former summer clerk, who is familiar with the Building Department
and Board of Appeals records, would resolve this 'problem. (9) Announcement of
the 16th Annual National Conference, Composting and Waste Recycling, to be held
in Baltimore, Maryland on April 30, May 1 and 2, 1986. (10) Letter from Greenport
Fire Chief Quarty requesting the Board to allocate $630. 00 for the rental of a bus
to transport the Fire Chiefs' Council to the New York State Fire Chiefs' Council
meeting at the Concord on June 17, 1986. The Board members instructed the
Supervisor to respond to Mr. Quarty that this would not be a legal expenditure
by the Town of Southold. (11) Receipt of the proposed agreement between the
Town, Village of Greenport and. Town of Shelter Island whereby the Village and
and Town will accept scavenger waste from Shelter Island Town.
10:55 A.M. - Fairweather-Grown, Architects, met with the Board to present their
proposed specifications for building repairs and new hung ceiling at the Southold
Senior/Youth Center, Peconic. They estimate the cost to be $35,000 to $40, 000.
The Board directed Town Attorney Tasker, to prepare a $45,000 bond resolution
for the April 22nd meeting, and placed a resolution (no. 28) on the regular meeting
agenda authorizing the Town Clerk to advertise for bids (as soon as Town Attorney
Tasker hsa received the entire specifications booklet) .
11 :20 A.M. - Gary Loesch, P.E., Holzmacher, McLendon E Murrell, P.C., Greenport
Superintendent of Utilities James Monsell, and Andrew Yerman, P.E. Associate Sanitary
Engineer, Water Division, DEC, Region I, Stony Brook met with the Board to discuss
the results of the final inspection of the Southold Scavenger Waste Plant. Most of
the DEC's criticisms are minor and can be resolved readily, with the exception of the
problem with the Greenport Village Sewer Treatment Plant's lagoon liner'which must
be replaced. Final seeding of the Southold Plant cannot proceed until the deficiencies
have been.corrected. Town funding will be withheld until all of the problems have
been resolved. Mr. Loesch assured Mr. Yerman that the lagoon should be repaired
and ready within'a month, and he will 'write a letter to the DEC, Albany, requesting
permission to put. 5,000 gallons of waste into the Village usable lagoon. so they may
continue. operating the Southold Plant at 5,000 gallons a day. Other problems with
the hiring and training of personnel to operate the plant, by the Village, is being
corrected and they expect to have new personnel at the site within'the next two weeks.
12:05 P.M. - Off Agenda items: Supervisor Murphy presented a listing of bills for
the redecoration of his offices for the Board to review, revealing a current total of
$15,304.76. (During a discussion of the .bills at the end of the afternoon Work Session,
Councilmen Schondebare, Cochran and Penny and Justice Edwards advised the Super-
visor they would not approve the payment of the bills ii-i the 4/8 audit of: Suffolk
Lighting - $1094.58 and $840.00, Lo Stack - consultation fee - $750. 00, Lo Stack -
wallpaper and draperies - $1,881'. 00, all pertaining to the redecoration; that the
Supervisor had advised the Board on several occasions the cost would be between
$5, 000 and $6,000. Supervisor Murphy agreed he should have spoken to the Board
before undertaking the project, but assured them the desks and lighting fixtures
which had been removed are being utilized elsewhere. Town Attorney Tasker advised
the Board that the entire project should have gone to bid, whereas the furniture
items and redecoration :items each totalled over $5,000. The discussion concluded
without a resolution to the problem)---Councilman Penny inquired about the possibility
of waiving the building permit fee of $553.00 for the construction of a new building
for the Mattituck Youth Club. Supervisor Murphy will ask Executive Administrator
Lessard what the policy of the Building Department has been with respect to non-
profit organizations.---Councilman Stoutenburgh advised "that Heather Cusack, member
of the Conservation Advisory Council, has suggested that she would be available this
summer to conduct a study of the road run-off into the creeks throughout the Town.
Councilman Stoutenburgh will ask Ms. Cusack to prepare a proposal for .this project
for presentation at a future Work Session.
12:35 P.M. - Recess for lunch.
2: 15 P.M. - Work Session reconvened, and with Robert Villa, Suffolk County Health
Department official present, began reviewing,, section by section, the proposed Local
.3 7 6 APRIL 8 , 1986
Law to amend the Zoning Code to provide for affordable housing for moderate income
families. Due to the lack of time, this proposal will again be discussed in detail at
the April 22nd Work Session.
2:50 P.M. - Garrett Strang, Architect, met with the Board to present his proposal
for labor $56,502. 00, and materials - $49,431. 00, as prepared by McGraw-Hill,
for the new Dog Pound at Peconic For the purpose of bonding, Mr: Strang
suggested the inclusion of a 10o contingency .fee, and 8% for professional services,
for a total bond of $125,000.00. A straw vote was taken and,. with the exception
of Councilman Schondebare, the Board voted to authorize Town Attorney Tasker
to approve the sum of $125,00 as a preliminary estimate of the maximum cost of
the construction, authorize Garrett Strang to proceed to prepare detailed plans,
specifications and drawings for.construction, and authorize Town Attorney Tasker
to cause a bond resolution in' the amotipt. of $125,_nnn to he prepared for the next
Board meeting on April 22nd (see 'resolutiori no'. 22) . Mr. .._Ted Bruce, a Director
of the North Fork Animal Welfare League, Inc. read a letter from Dr. William Zitek
urging the Town Board to proceed with the project as proposed by Mr. Strang.
3:00 P.M. - John DiFilippi, ERM-Northeast, Joe Baier, Suffolk County Health Depart-
ment met with the Board to dicuss the ERM-Northeast Point of Source Report. (Also.-
in attendance: Water Advisory Committee members James Monsell, Valerie 'Scopaz,' Robert
Villa, Ruth Oliva and Frank Bear, as.well as former member and Health Department
employee Martin Trent. Councilman Penny, .who requested this- meeting due to what
he found to be deficiencies in'the report, reviewed the ERM-Northeast Scope of
Services as they pertained to the final report. Mr. DiFilippi responded to the
points raised by Councilman Penny, pointing out that on several items they could
not produce the information on specific filters to make a formal recommendation to
the Town Board. He urged the Town Board to create a water treatment district,
stating the law provides for this=-although the Town Attorney disagrees on the
procedure. Mr. Baier addressed the capabilities of the individual filters and the
fact they have--not been in use over a long enough period of time to determine
which ones were superior. Mr. Bill 'Gremler, a water treatment dealer in'the Town
of Southold for the past eleven years, spoke from the audience, stating that his
company has been installing filters since he has been in' business, and in the
preparation of the ERM report no one came to him for information. He is authorized
to take water samples, and the H2M laboratory conducts the analysis: Now that the
final ERM report has been submitted it is up to the Town Board to make a final
determination of direction for the Town.
4:30 P.M. - The Board reviewed the Regular Meeting agenda resolutions.
EXECUTIVE SESSION
5: 15 P.M. - Councilwoman Cochran, chairman of the Wage 8 Policy Town Board
standing committee, reported on the committee's findings with respect to proposal
of Supervisor Murphy to create a Maintenance Mechanic IV position. It is the
determination of this committee that the position not be created.
5:25 P.M. - Executive Session adjourned.
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, April
8,. 1986 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 Stoute' nburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T: Terry
Town Attorney Robert W. Tasker
APRIL 8 ,. 1986 ']
SUPERVISOR MURPHY:' Okay; 'our' fihff order of business I would like a resolution
approving the audit of all the bills that were presented on April 8th, '1986.' 1 offer
that resolution.
COUNCILMAN STOUTENBURGH: Second.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE: You want an audit 'of all the bills that were
presented?
SUPERVISOR MURPHY: Yes.
CUUNCILMAN SCHONDEBARE: Okay.
Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
payment of the, followin audited bills: General Fund Whole Town bills in the
amount of $62.;:414.94 General Fund Part Town bills in' the amount of $50, 305. 80;
Highway Department bills in the amount of $12, 938.01; Fishers Island Ferry District
bills in the amount of $2, 162.59; Southold Wastewater.Treatment Plant bills in the
amount of $5,962. 32; Fishers Island Sewer District bills in the amount of $25,519. 15.
Vote of the Town Board: Ayes: Councilman Stoutenburgh, Supervisor Murphy.
Noes: Councilman Penny, Councilwoman Cochran, Councilman Schondebare, Justice
Edwards.
This resolution was declared LOST.
SUPERVISOR MURPHY: Okay, I would like a resolution approving the audit 'of
the bills, less those that were pulled. I offer that resolution.
COUNCILMAN SCHONDEBARE:` Second.,-_":
JUSTICE EDWARDS: Question.
SUPERVISOR MURPHY: Sir?
JUSTICE EDWARDS: Which ones were pulled? Should we enumerate on them?
SUPERVISOR MURPHY: If you'd .like to.
JUSTICE EDWARDS: Theclaill's 'that were pulled were Purchase Order Number 267 -
Joseph Magagnin'- $1, 300.00 - last audit;' 266 Suffolk Lighting - $1,094.58 -
this 'audit; 262 - Lo Stack Interiors - $84'0.00 - this audit;' 259 - Lo Stack Interiors -
$750.00 - this audit; 268' - Lo Stack Interiors - $1,881:. 18 - this 'audit; 426 _ Ron
Morizzo Builder - $2,810.00 - has not been submitted. for audit; 258 = Lo Stack
Interiors - $4,539.00 - has not been submitted for audit;' 261' - Lo Stack Interiors -
$2,090. 00 - has not been submitted for audit.
COUNCILMAN SCHONDEBARE: Thank you.
SUPERVISOR MURPHY: Any other questions? (No response.)
Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
payment of the following audited bills: General Fund Whole Town bills in the
amount of $57,.849.118; General Fund Part Town bills in the amount of $50,305. 80;
Highway Department bills in the amount of $12, 938.01; Fishers Island Ferry District
bills in the amount of $2, 162.59; Southold Wastewater Treatment Plant bills in the
amount of $5',;962.32; Fishers Island Sewer District bills in' the amount of $25,519. 15.
(General Fund Whole Town bills in' the amount of $4,565.76 were pulled from the audit.)
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, I'd like a resolution approving the minutes of the
Regular Town Board Meeting of March 25th, 1986.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the minutes of the Regular Town Board Meeting of March 25, 1986'
be and the same are hereby 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: Okay, I would like a resolution setting the next meeting
date as April 22nd, and I would like to make the resolution as an afternoon meeting
at 3:00 o'clock in Southold Town Hall.
3 O APRIL 8 , 1986
Q COUNCILWOMAN COCHRAN : Second.
COUNCILMAN S.CHONDEBARE: The policy of the Town Board, by a four to two
majority, set all meetings at 7: 30 in the evening and I don't remember any majority
of the Town Board changing that policy. So I submit to you, Mr. Supervisor, you're
out of order.
SUPERVISOR MURPHY: Let's vote on it. We have a motion made and second.
COUNCILMAN SCHONDEBARE: There's nothing to vote on. It's not the. policy
of the Town Board.
SUPERVISOR MURPHY: Counselor just came in'. Bob, can we make a motion to
set the meeting for 3: 00 o'clock in the afternoon, the next meeting and even if
it's a policy of the Town Board to have now two night meetings, i wouid' stiii '
like to preserve the one afternoon meeting and one night. There's .a motion made
and seconded. Should we vote on it; or is it 'out of order?
TOWN ATTORNEY TASKER: Policies are set by Town Board resolutions. Policies
can be changed by Town Board resolutions. So you have a motion to change the
policy.
COUNCILWOMAN COCHRAN: Mr. Schondebare, do you have a resolution setting
that Town policy, as passed by the Town Board?
COUNCILMAN SCHONDEBARE: There's no resolution on it.'
COUNCILWOMAN COCHRAN: I believe there isn't. So we may now move to set
the meeting at 3:00 o'clock, Mr. Schondebare.
COUNCILMAN SCHONDEBARE: Take the vote.
SUPERVISOR MURPHY: Does anyone have any other questions?
Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was .
RESOLVED that the next Regular Meeting of the Southold Town Board will ' be held
at 3:00.P.M. , Tuesday, April 22, 1986' at the Southold Town Hall, Main Road,
Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Cochran, Supervisor. Murphy.
Noes: Councilman Penny, Councilman, Schondebare, Councilman Stoutenburgh,
Justice Edwards.
This resolution was declared LOST.
COUNCILMAN SCHONDEBARE: I hereby make a motion setting the next Town
Board meeting at 7:30 on April 22nd.
COUNCILMAN PENNY: Second.
Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that the next Regular Meeting of the Southold Town Board will' be held
at 7:30 P.M. , Tuesday, April 22, 1986. at the Southold Town Hall, Main Road,
Southold, New York.
Vote of the Town Board : Ayes: Councilman Penny, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards. Noes: Councilwoman Cochran,
Supervisor Murphy.
This resolution was declared duly ADOPTED.
I. REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on your agenda are Reports.
These reports are all on file in' the Town Clerk's Office.
1. Supervisor's monthly budget report - March 1986.
2. Town Clerk's monthly report - March 1986.
3. Southold Recreation Department's Sports Equipment Purchase Report.
4. Southold Town Dog Shelter's monthly report - March 1986.
5. Szepatowski Associates, Inc. progress report - March 1986.
6. Councilmen's Reports. I would like to ask the Councilmen, starting on
my right with George Penny.
COUNCILMAN PENNY: Boy, this 'was a light one. On 4/3/86 1 attended a meeting
with the Economic Advisory Committee and there was a lot of discussion regarding
the wine industry. There's been a recommendation that's coming to us from the
Economic Advisory Committee that we participate in a. study, and the guest speaker
that night was" Bob Anrig from North Fork Bank and it was very, very informative.
We also met on the 4th, I attended a meeting of the Code Committee and it was on
a lot of the same subjects, but somebody else, the Chairman will report on that.
Thank you.
APRIL 8 , 1986 379
SUPERVISOR MURPHY: Thank you; George. Jay?,
COUNCILMAN SCHONDEBARE: Yes, likewise we had the Code Committee meeting
and basically we got tied up again with the vineyards as to what to allow the vine-
yards to do and what not to allow the vineyards to do. As some of you may or
may not know, their concept is 'to go into restaurants, maybe some motels, to have
quite a big'affair on their vineyards to bring out the tourists. Questions have been
raised as to whether or not they should be allowed to do something in'an agricultural
area that the farmers are not able to do in'an agricultural area. Questions are
raised as to whether or not we should have a special vineyard code to allow them
to do it or not. We received a proposal from one of the Economic 'Advisory Commttee
people to do a study--a,professor at the University at Stony Brook--and he's offered
to do a study for the Town with regards to vineyards, their'present. position and
the prospects of vineyards for the future and how vineyards may adversely or
favorably affect the Town of Southold. The price tag is 'somewhere in' the area of
$16,000 to do this study. He presented it 'to the Code Committee and then he
presented it here again today to the Town Board as a whole, and it's something
that the Town is taking into consideration at the present time. Basically we're
still stuck with the vineyards. Thank you.
SUPERVISOR MURPHY: Thank you, Jay. Paul?
COUNCILMAN STOUTENBURGH: Yes, it's getting that time when we have to start
think about our beaches. Ray Jacobs asked the Parks and Beaches Committee to
stop in'and look at the beaches up along the Sound. And we were up at Kenneys
Beach and if 'any of you have not been along that area, you ought to travel up
there to see just what erosion has happened to our parking lot and therefore our
swimming beach there. We're going to meet this Friday at 8:00 o'clock in the
morning and try to determine just what to do about that very devastated area.
We have a problem in the sense that there are some hazardous rocks or material
that has been--rubble I guess-you would call it--and it's been put there, which
really precludes swimming on that area of` the beach unless it's covered over some
how. So some how we're going to have to come up with a policy, so anybody who's
interested in that Kenneys Beach area should possibly want to sit in and listen .to
what we have to say, right here in Town Hall this Friday at 8:00 o'clock. Also
had the privilege of traveling with the representatives from the County who are
asking to have our creeks maintenance dredged we must provide certain facilities
for parked cars and a ramp of some sort so that the public will' have more access
to these creeks, and our Highway Superintendent took the job and corrected the
problems we had and we visited every one of our creeks. We visited West Creek,
Eugenes Creek, Little Creek, Corey Creek, and Gagens Landing and came up with
a hundred percent compliance with the County's request and therefore we will' have
maintenance dredging in our creeks. The only one that did not meet with the
qualifications was Deep Hole Creek, which is 'in Mattituck, which we have yet been
able to find an access or a place that we could get a ramp or some sort of access
to the creek. That's our one real problem. Otherwise we look like we're in good
shape for .dreding this coming year. Frank, that's it.
SUPERVISOR MURPHY: Thank you, Paul'. Jean?
COUNCILWOMAN COCHRAN : Nothing at this 'time, Frank.
SUPERVISOR MURPHY: Judge Edwards?
JUSTICE EDWARDS: To begin with we're looking forward on Fishers Island to
the activity surrounding the raisi'ng.of the E-24 barge out there, and . I hope
that at the next meeting I might have a little more information on it as to what
they're doing in' the beginning. It's not going to really get into project until
the beginning of May, but I think by the next meeting they might have started
to stage some equipment on Fishers Island which'they're planning to do. Secondly,
was talking to the Highway Superintendent this afternoon and he's going over to
the Island and finally after many years of deliberations, discussion and heel dragging,
we're going to dig into Avenue B over there and do the drainage on it. And last
but not least, today we had a nice presentation on Bed and Breakfast programs and
can say that it's going to affect us on Fishers Island as well as the people here
in Southold, and perhaps we can come up with a program that would be acceptable
by all. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Ray. I have a couple of announcements. One,
the trees finally did arrive yesterday afternoon. They will ' be handed out to those
people who sent reservations in' first, between 8:00 and 10:00 at the Highway Depart-
ment on Saturday. After that anyone who is interested in' planting trees or putting
them in someone else's property should come down after 10:00 o'clock. The trees are
very nice. There's a little over a thousand of them, and it should go along way
towards' replacing some of the tremendous damage that we did have. I attended a
conference put on by the New York Telephone Company for the East End Supervisors
on the fiberoptics rebuild of the whole New York Telephone systems. It seems by
1989 the entire east end will be completely in this system. We're probably the .only
380 APRIL 8 , 1986
part of the Long Island metropolitan area that will be a hundred percent at this 'time.
I'd also like to announce that throught he efforts of myself and John Sheridan of the
Long Island State Park Commission, we do have a definite commitment from the State
to purchase the Orient Point property.. The State Park Commission is *putting up half
the money, which is 'a little over a million dollars, and if the County matches it and
Mr. Schick, the owner agrees to the price, it will be purchased and it 'will ' be added
to Long Island State Park Commission property in'Orient. The water machine is
finally operating in Greenport, that we gave them many months ago when 'our Senior/
Youth Center was closed. They had some problems in getting it working. It is
working and in operational order now and water is dispenses on Moores Lane. 1
also met on a very important program with a John Falls. Jim McMahon and representati
of Greenport Village, Gail Horton, Bill '-Gilloley, and with representatives of the
Diocese Human Development part of their program, and one of the projects we're
looking into is the conversion of the Greenport--St. Agnes School, into apartments
for the elderly. One of the proposals--we had an architect out-=they were our ors
Thursday and they came out again'on Monday and showed an awful lot of interest
in' it. There is a tremendous potential' for funding through HUD this type of program.
What we're trying to do is to provide affordable apartments for the elderly. They'll
be two to a classroom. More than likely we'll be able to possibly build a second
story on to St. Agnes, which would provide an equal number of apartments, convert
the downstairs, and quite probably build a new kitchen four our Nutrition Program,
our Meals On Wheels, our Senior.' Day Care and this program. 'It has great potential
and I really want to publicly thank the officials of Greenport, in particular Gail
Horton and Bill Gilloley, and Southold Town and the members from the Diocese.
And they also have the expertise to assist us in'developing other church properties
or Town properties for affordable .housing and it has a great potential for us. These
people know how to do it 'and know how to get the guarantees and know how to
get the funding for it. That's all I have to report.
11. PUBLIC NOTICES.
SUPERVISOR MURPHY: I'd like to move on to the second part of our agenda,
Public Notices. There are six'of .them. These are all on file in'the Town
Clerk's Bulletin Board and they're on file in her office for anyone who would
like to read them.
I. Clean Up Week notice from the Southold Town Highway Department:
April 21 - Orient Point to Village Lane (at the Monument)
April 22 - Village Lane, Orient to Moores Lane, Greenport
April 23 - Moores Lane, Greenport to South Harbor Lane, Southold
April 24 - South Harbor Lane, New Sufolk, Nassau Pt. to Alvahs Lane
April 25 - Alvahs Lane to Mattituck to Laurel Lane, Laurel.
2. Department of the Army, Corps of Engineers, notice of application by
Steve Malinowski to install pearl nets to grow scallops, West Harbor, Fishers
Island. Comments by April 9, 1986..
3. N.Y.S. Department of Transportation, establishes a 45 MPH speed limit
on Sound Avenues between Riverhead-Southold Town Line and Cox Neck Road,
Mattituck.
4. N.Y.S. Department of Environmental Conservation, notice of public hearing
on application of James N. Bailey to construct stone terraces, wooden decks, stair-
case, concrete retaining walls on face of existing cliff; Fishers Island, Block Island
Sound, 1 :00 P.M. , June 10, 1986', Fishers Island Fire House.
5. N.Y.S. Department of Environmental Conservation, notice of complete applica-
tion by Fred Adler to construction one :family dwelling and associated sanitary system
75 ft. and 50 ft. respectively from tidal wetlands, north side of Cedar Point Drive
East, fronting Stillwater Lake, Southold. Comments by April 25,' 1986.
6. Department of the Army, Corps of Engineers, notice of application by
Alvah B. Goldsmith, Jr. to replace bulkhead, pilings, construct bulkhead and dredge
with ten years maintenance and upland disposal, Mill Creek, Southold. Comments
by May 5, 1986.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: We had one communication and it 'was from the County
of Suffolk, Aldo Andreoli, Director of Environmental Health, thanking the Town
for their `participation in' the Water Treatment Project that we have going on
presently down at our Landfill.
IV. PUBLIC HEARING.
SUPERVISOR MURPHY: We do have a public hearing scheduled in about ten
minutes we'll move on to Resolutions.
V. RESOLUTIONS.
SUPERVISOR MURPHY: The first resolution is to advertise for resumes.
1. Moved by Councilwoman Cochran, seconded by Justice Edwards, it .was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
APRIL 8 , 381
directs the Town Clerk to advertise..;fo.r_ resumes._,.for... the position of Summer.
Research Intern for the` Southold TdWh�-Planning Board, June 1, 1986 through
August 31, 1986, 35 hours per week, $5. 00 per hour.
I.-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 2 is to accept a maintenance bond.
2. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby approves and
accepts the Maintenance Bond provided by Valentine Heating & Air Conditioning,
Inc. for the Heating, Ventilation 8 Air 'Conditi6ning Contract No. 2, Southold_
Scavenger Waste Treatment Facility (C36-1120=03 SOHT 83-02).
2.-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 3 is 'to accept a bid for soft body armor for our
Police Department.
3. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Standard Law Enforcement supply Company for supplying the Southold Town
Police Department with Soft Body Armor, at a cost of $308.95 per unit, inclusive
of extra outer carrier and shock plate, all in accordance with_ the bid specifications.
3:-dote 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 'a supporting resolution concerning our insurance
crisis.
4. Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby urges Governor
Mario Cuomo and Assembly Speaker Stanley Fink to favorably support proposed
legislation, passed by the Senate, and awaiting a vote in the Assembly, calling
for long-term solutions to the municipal liability insurance crisis, vitally needed
for reform of the entire municipal liability system, and absolutely essential' to
assure the financial survival 'of our local governments and school districts, and
be it further
RESOLVED that the Town Board send a message to Assemblyman Joseph Sawicki,
Jr. to support this Senate Bill' S.67'69A in bringing it to the floor, of the Assembly
for an immediate favorable vote.
4.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain: Councilman
Schondebare.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is 'to authorize the execute of an addendum to
an engineering contract on Fishers Island.
5. Moved by Justice Edwards, 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 Addendum No. 5 to the contract
of April 11, 1978, for Professional Engineering Services, Sewage Collection, Treat-
ment, and Disposal (Fishers Island Sewer District) , between the Town and Henry
Souther Engineering, Inc., Divisioin of A. R. Lombardi Associates, Inc. , to provide
for an extension of 100 days for completion to May 15, '1986•, and to provide for an
engineering compensation increase of $12,500. 00 for inspection and construction
management services to complete this project.
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: Number 6 is *to appoint part-time police officers.
6. Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following part-time Police Officers, effecitve May 15, '1986, at a salary of $6.50
per hour: Alan Czelatka, Terrence P. Pace; $5.50 per hour: Thomas Gralton,
Pamela Kehl.
6.-Vote of the Town Board : Ayes: Councilman Penny, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain: Council-'
woman Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is to approve the covenants and restrictions of
Homestead Acres at Greenport.
382 APRIL 8, 1986
7. Moved by Councilwoman Cochran, seconded by Councilman Penny,
WHEREAS, the Southold Town Planning Board has heretofore approved the develop-
ment of "Homestead Acres at Greenport" as a cluster development pursuant to the
provisions of Chapter 1.00,' Section 100-136 E. of the Code of the Town of Southold,and
WHEREAS, said provisions of the Southold Town Code require that a cluster develop-
ment be organized as a homes association or any other arrangements approved by the
Town Attorney and the Town Board, and
WHEREAS, Homestead Acres at Greenport, Inc. has submitted to the Town Attorney
a copy of Covenants and Restrictions, and
WHEREAS, the Town Attorney has reviewed said ' Covenants and Restrictions with
this Board,
NOW, THEREFORE, BE IT RESOLVED that this Board does hereby approve the
aforesaid' Covenants and Restrictions of Homestead Acres at Greenport, Inc. and
directs that the same be recorded with the Suffolk County Clerk. Said Covenants
and Restrictions and' the metes and .bounds description are as follows, to wit:
DECLARATION OF COVENANTS AND RESTRICTIONS
WITNESSETH: That HOMESTEAD ACRES AT GREENPORT, INC. , a
domestic corporation with an office at 1159 West Main Street,
Riverhead, New York, being the record owner of all the real
property hereinafter described and the subject of this
declaration, does hereby declare for itself, its successors and
assigns, in consideration of the premises, and hereby make known,
publish and declare, covenant and agree that the premises
hereinbelow described shall hereafter be subject to the covenants
and restrictions hereinbelow enumerated.
1. Real Property Affected
All that certain plot, piece or parcel of land, situ
lying and being , in the Town of Southold, near the Village of
Greenport, County of Suffolk, State of New York, known as
subdivision of Homestead Acres on Map entitled "Subdivision Map
of Homestead Acres" to be filed in the Office of the Clerk of the
County of Suffolk. (Detailed description is attached hereto as
Exhibit "A" )
2. Residential Use
(a) No structure shall be erected, altered, placed or
permitted' on any of the hereinabove described premises other than
a single family, detached dwelling not to exceed two stories in
height with one private garage for not more than three (3 )
automobiles.
(b) No trade, or business , shall be conducted on lie
subject premises except the practice of medicine, dentistry, law,
engineering or public accounting by members of the resident
family and in the main dwelling only.
3. Size of Dwelling
(a) The minimum ground floor area, exclusive of garages and
open porches, shall be 1500 square feet for one story houses and
1200 square feet for one and one-half and two story houses .
APRIL 8 , 1986 383
4 . Size of Plot
(a) No dwelling may be erected on any plot having an area
of less than 24 , 000 square feet.
5. Plans and Specifications
(a) No residence shall be permitted to be erected on any
portion of the subject premises without prior written approval of
the plans and specifications by HOMESTEAD ACRES AT GREENPORT,
INC. One signed, approved copy of the said plans and
specifications shall remain in the possession of HOMESTEAD ACRES
AT GREENPORT, INC. and another signed, approved copy shall remain
in the possession of the owner.
(b) No changes or alternations from the approved plans and
specifications, either during or after construction, shall be
made without written approval of HOMESTEAD ACRES AT GREENPORT,
INC.
(c) No structure shall be permitted to be erected on the
subject premises without the prior written approval by HOMESTEAD
ACRES AT GREENPORT, INC. of the plot plan showing the proposed
location of the dwelling or other structure upon the building
plot.
(b) The contractor or builder to • be employed by the owner,
in connection with the erection or alteration of the dwelling on
the subject premises , shall be approved by HOMESTEAD ACRES AT
GREENPORT, INC.
(e) There shall be erected on the subject ' premises no
garages or out buildings detached from the main residence without
the prior written approval by HOMESTEAD ACRES AT GREENPORT, INC.
6 . Temporary Dwelling
No trailer, basement, tent, mobile home, garage or other
temporary structure erected or placed upon subject premises shall
at any time be used as a residence, temporarily or permenantly.
7 . Fences
No fence, wall, hedge, partition or other barrier of any
kind in excess of three feet in height shall be erected or
maintained on any portion of the subject premises without the
. prior written approval of HOMESTEAD ACRES AT GREENPORT, INC.
8 . Signs
No signs , other than the owner ' s name and profession, shall
be erected on the premises. Such signs shall not exceed six
384 APRIL 8 , 1986
inches in height or twenty-four inches in width. HOMESTEAD ACRES ,
AT GREENPORT, INC. , may, however, display appropriate signs
designating plots or dwellings for sale or inspection•.
9 . Completion of Construction
(a) The exterior of all residences must be 100% completed
within eight months of the date of the issuance of a building
permit by the Town of Southold.
(b) Felled trees , stumps , and debris must be removed from
the premises prior to occupancy of the residence.
10 . Upkeep of Grounds and Dwelling
(a) No garbage, rubbish, paper or other refuse shall be
accumulated, or burned, on the premises. All such material shall
be stored in a hidden, sanitary container and shall be removed
regularly from the premises.
(b) The grounds of each residence must at all times be kept
reasonably well maintained.
(c) No clothes poles , clotheslines , playground equipment or
vegetable gardens shall be placed, erected or maintained on any
portion of the subject premises except in such a position that it
shall not be readily visible from the street, without the prior
written approval of HOMESTEAD ACRES AT GREENPORT, INC.
(d) No residence shall be boarded up nor shall any windows
or entrances be sealed.
(e) No trucks, cars , boats , mobile homes , campers or
trailers shall be stored on the subject premises with the
exception that no more than two regularly used automobiles may be
parked in the driveway of each residence and that no more than
one boat, not to exceed twenty feet in length, may be temporarily
i
stored in the rear of each dwelling. i
11. Moving Building
(a ) No building shall be moved upon the subject premises ,
but this restriction shall be no bar to the change of location of
a building by the owner from one part of his property to another
part of his property if within the hereinabove described
premises.
12 . Renting
(a) No owner of a residence on the subject premises shall
rent a portion or portions of the premises to boarders or
transients.
APRIL 8 , 1986 385
13 . Pets
(a) No animals, other than the usual household pets, shall
be kept on the property and such pets must be confined to their
owner' s premises except, however, when being transported to anc
from the subject premises. No 'coop, casge or other structure for
housing animals shall be erected on the subject premises.
14 . Park and Recreation Area
(a) Each owner shall have the right in 5 coirmon "vGii it other
to use the areas designated as "Park and Recreation Area" for
various outdoor activities on the map entitled "Subdivision Map
of Homestead Acres at Greenport" to be filed in the Office of the
Clerk of the County of Suffolk.
(b) Such "Park and Recreation Areas" are restricted to open
space use in that no structures shall be built on the open areas.
Notwithstanding any other provisions of this declaration, the
open areas shall remain as such in perpetuity.
(c) Each owner of a"` dwelling constructed on the subject
premises shall share pro rata, together with other property
owners entitled to the use of such facilities, in the real estate
taxes and maintenance charges incurred in connection with said
improvements to the "Park and Recreation Area. " All such real
estate taxes and maintenance charges shall be paid by HOMESTEAD
ACRES AT GREENPORT, INC. until such time as at least ten (10 )
dwellings are constructed with the right to utilize said "Park
and Recreation Area. "
15 . Annoying Activities
(a) No noxious or offensive activity shall be carried on
upon the subject premises, nor shall anything be done thereon
which may be or may become an annoyance or nuisance of the
neighborhood.
16 . Duration
f
(a) Except as otherwise provided in paragraph 14 hereof,
the covenants and restrictions contained herein shall be deemec
to be real covenants running. with the land and shall be binding
on and shall inure to the benefit of HOMESTEAD ACRES AT
GREENPORT, INC. and all other owners , mortgagees and lienors of
the subject premises , their heirs, executors, successors and
assigns , and all claiming under them until May 1, 2005 , at which
time said covenants and restrictions shall automatically cease
386 APRIL 8 , 1986
13 . Pets
(a) No animals, other than the usual household pets, shall
be kept on the property and such pets must be confined to their
owner' s premises except, however, when being transported to and
from the subject premises. No coop, casge or other structure for
housing animals shall be erected on the subject premises .
14 . Park and Recreation Area
(a) Each owner shall have the right in common with of __rs
to use the areas designated as "Park and Recreation Area" for
various outdoor activities on the map entitled "Subdivision Map
of . Homestead Acres at Greenport" to be filed in the Office of the
Clerk of the County of Suffolk.
(b) Such "Park and Recreation Areas" are restricted to open
space use in that no structures shall be built on the open areas .
Notwithstanding any other provisions of this declaration, the
open areas shall remain as such in perpetuity.
(c) Each owner of a dwelling constructed on the subject
premises shall share pro rata, together with other property
owners entitled to the use of such facilities, in .the real es te
taxes and maintenance charges incurred in connection with _d
improvements to the "Park and Recreation Area. " All such real
estate taxes and maintenance charges shall be paid by HOMESTEAD
ACRES AT GREENPORT, INC. until such time as at least ten (10 )
dwellings are constructed with the right to utilize said "Park
and Recreation Area. "
15. Annoying Activities
(a) No noxious or offensive activity shall be carried on
upon the subject premises , nor shall anything be done thereon
which may be or may become an annoyance or nuisance of the
neighborhood.
16 . Duration
(a) Except as otherwise provided in paragraph 14 her 1E,
the covenants and restrictions contained herein shall be deeme
to be real covenants running with the land and shall be bindinc
on and shall inure to the benefit of HOMESTEAD ACRES A"
GREENPORT, INC. and all other owners , mortgagees and lienors of
the subject premises , their heirs , executors , successors anc
assigns , and all claiming under them until May 1, 2005 , at whict
time said covenants and restrictions shall automatically ceasE
APRIL 8 , 1986 °� Q ']
V V /
and terminate unless they be renewed by affirmative vote o
fifty-one (51% ) percent of the then owners of dwellings erecte
on the subject premises.
(b) Except as otherwise provided in paragraph 14 hereo:
these covenants and restrictions can be altered, _ modified C
annulled at any time prior to their expiration date by writte
agreement by and between HOMESTEAD ACRES AT GREENPORT, INC. c
their successors and assigns , and the owners of fifty-one ( 51%
percent of the dwellings erected upon the subject premises . Suc
agreement shall be effective to alter, modify or annul suc
covenants and restrictions as to any plot without the consent c
the owner or owners or mortgagees or lienors of that plot or ar
adjacent premises.
17 . Formation of a Homes Association
(a) Declarant covenants and agrees that at or before tr
time one-half of the lots have been conveyed by it to this
parties that it will at its own cost and expense establish
not-for- profit corporation to be known as HOMESTEAD ACRES HOMI
ASSOCIATION hereinafter referred to as "Homestead Acres HOME
Association" and that within sixty days thereafter convey to suc
"Association" all the right, title . and the interest of tr
declarant in and to said Park and Recreation area together wii
any and all pYivate streets shown on said Subdivision Map an(
any and all areas shown on the Subdivision map for future highwz
dedication.
(b) Each lot owner and any succeeding owner sha
automatically become a member of the "Association" and each 1(
shall be automatically subject to a charge for a proportiona-
share of the expenses for the organizations activities .
(c) Each lot owner shall have equal voting rights in the
Association and shall have the right to the use and enjoyment of
the common property.
(d ) Once established , all responsibility for the operation
and maintenance of the common land and facilities shall lie with
the Homes Association.
(e ) Dedication of all common areas shall be recorded
directly on the final plat, or by reference on that plat to a
dedication in a separately recorded document. Resubdivision of
such areas is prohibited.
i
388 APRIL 8 , 1986
(f ) The Articles of Incorporation and By Laws of the Homes
Association and any amendments thereto shall be subject to
approval by the Southold Town Board.
(g) The Homes Association shall be perpetual; it shall
purchase insurance, pay taxes , specify in its charter and bylaws
an annual homeowner ' s fee, give provision for assessment and
provide that all such charges become a lien on each property in
favor of said Association. The Association shall have the right
to proceed in accordance with all necessary legal action for the
foreclosure and enforcement of liens , and it shall also have the
right to commence action against any members for the collection
of any unpaid assessment in any court of competent jurisdiction.
(h) The developer shall assume all responsibilities as
previously outlined for the Homes Association until a majority of
the dwelling sites ar sold, at which time the Homes Association
shall be automatically established.
18 . Violation of Covenants and Restrictions
(a ) By HOMESTEAD ACRES AT GREENPORT, INC. :
If HOMESTEAD ACRES AT GREENPORT, INC. , or its
successors or assigns , shall violate or attempt to violate any of
the covenants and restrictions enumerated herein, it shall be
lawful for any other person or persons owning any portion of the
hereinabove described premises to prosecute at law or in equity
against the persons violating or attempting to violate any such
covenant and either prevent them from so doing or to recover
damages for such violation.
(b) By others :
In the event of any violation of the foregoing
covenants and restrictions or any attempt to violate the same,
the person or persons owning any portion of the premises covered
by the covenants nd restrictions may prosecute any actions or
proceedings in law or in equity against the corporation, person
or persons violating or attempting to violate the same, either to
prevent it; him, her or them from so doing, to abate the act of
any violators, or to collect damages for such violations . Any
`r
property owners ' association of the owners of said real property
duly incorporated under the laws of this State hereinafter formed
is specifically granted the right to enforce said covenants and
restrictions .
APRIL 8 , 1986 389
19 . Partial Inval-idati.on
Invalidation of any one of these covenants, in whole or in
part, by judgment or court order, or otherwise, shall in no wise
affect any of the other provisions which shall remain in full
force and effect.
20 . Real Property Not Affected
It is expressly understood and agreed that the foregoing
covenants and restrictions are intended to cover the above
described real property only (i .e. premises known as Subdivision
of Homestead Acres) and are not to be extended to any other
property of the undersigned now owned or subsequently acquired,
by implication or otherwise; and it is expressly understood that
there is no obligation upon the undersigned, their heirs ,
executors, successors or assigns to restrict in any manner any
other real property which they may now own or which they may
hereinafter acquire.
EXHIBIT "A"
ALL that certain plot, piece or parcel of land with the
buildings and improvements thereon erected, situate, lying and
being in the Town of Southold, near the Village of .Greenport,
County of Suffolk and State of New York, bounded and described
as follows:
BEGINNING at a point on the northerly side of Middle Road,
C.R. 48 where the Easterly line of land of Morrison intersects
same;
RUNNING THENCE along land of Morrison, the following three
courses and distances:
1) North 2 degrees 02 minutes East 382. 33 feet;
2) North 2 degrees 17 minutes 10 seconds East 1214'.58 feet;
3) North 1 degree 42 minutes 50 seconds East. 513 .28 feet to
the southerly side of Sound Drive;
THENCE partly along the southerly line of Sound Drive and
partly along the southerly line of land of Anne Popkin, North 89
degrees 44 minutes East 383 . 58 feet to the westerly line of Map
of Section Two-Eastern Shores :
THENCE along said map line South 3 degrees 53 minutes East
1103.52 feet to land of J.M.S . Land & Development Corp. ;
THENCE along said land South 4 degrees 17 minutes 20 seconds
West 305. 85 feet;
THENCE South 10 degrees 38 minutes 20 seconds East 113 .0
feet- to land of Thygesen;
THENCE along land of Thygesen, the following two courses
and distances:
1) South 60 degrees 01 minutes 40 seconds West 190 . 10 Feet;
2) South 19 degrees 41 minutes 30 seconds East 73.08 feet
to land of Cottral;
THENCE along -land of Cottral and then land of Saccone, the
following three courses and distances:
1) South 78 degrees 46 minutes West 126 .77 feet;
2) South 4 degrees 06 minutes West 129 . 92 feet;
3) South 11 degrees 00 minutes East 83 .92 feet, to the
northerly side of Middle Road, C .R. 48;
THENCE along the northerly side of Middle Road, C.R. 48 the
following two courses and distances:
1) South 55 degrees 01 minute 10 seconds West 257 .37 feet;
2) South 55 degrees 01 minute 50 seconds West 79 . 44 feet
to the point or place of BEGINNING.
3 90 APRIL 8, 1986
7.-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 8 is to authorize the advertisement for bids for
a new tractor.
8. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for one (1) Ford 4610 Tractor with
right side Mott Interstater, or equal, for the Southold Town Highway Department.
8.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Counci
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is 'to renew a trailer permit.'
9. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the application of Jacqueline B. Moeller for renewal of a single
family house trailer permit, for trailer located behind (north of) the main' barn
on her property at Hidden Lake Farm, north side of County Route 48, Southold,
New York, which permit 'expires on April '9, 1986, be and hereby is granted for
a six (6) month period.
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: Number 10 is the reappointment of,Clerk Typists in'Town
Hall.
10. Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby extends the 90
day appointments of Barbara Rudder and Dorothy Midgley, Clerk Typists, for
another 90 days, effective March 16, 1986 through June 16, 1986,, 35 hours per
week, $6. 00 per hour.
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 granting permission to Mattituck High School
Studen Council for a HUGS run.
11. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Mattituck High School Student Council to use Town Roads on Saturday, May
10, 1986, beginning at 9:30 A.M. , for their'3. 1 mile RUN for H.U.G.S. (Human
Understanding and Growth Seminar) , provided they secure and maintain` the proper
insurance to hold the Town of Southold harmless.
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 12 is to proclaim Volunteer Recognition Week in.
the Town of Southold.
12. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby proclaims the
week of April '20 through April 27, 1986 as "VOLUNTEER RECOGNITION WEEK"
in the Town of Southold, in recognition of volunteers. . .our greatest natural
resource.
12.-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 13 is 'to authorize payment to the County Treasurer.
13. Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
payment of $1,000. 00 to the Suffolk County Treasurer, representing Southold .
Town's share of the annual cost to operate the National Weather Service Transmitter
locasted on a County Police Department tower in Suffolk Hills, all in accordance with
the Southold Town Board resolution of November. 19, 1985, agreeing to join with the
towns of Brookhaven, Southampton, Riverhead, East Hampton and Shelter Island to
assume, on an equal-share basis; the cost of maintenance as of January 1, 1986,
which maintenance costs had been financed by the County of Suffolk since 1983.
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.
APRIL 8, 1986 3 9 1
SUPERVISOR MURPHY: Number' 1'4'`V::'to 'proclaim Safe' Boating Week in the Town
of Southold.
14. Moved by Councilman Stoutenburgh, 'seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby proclaims the week
of June 1 through 7, 1986 as "SAFE BOATING WEEK" in the Town of Southold, to
bring about an increased public awareness that safe boating is no accident.
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 the appointment of an Aide and a Registered
Nurse for the Day Care Center.
Amended May 6, 1986 Resolution 48
15. Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Mary
Novit as an Aide, 15 hours per week, $3. 35 per hour, and Elizabeth Poh, Registered
Nurse, 20 hours per week, $4. 00 per hour, for the Alzheimer's Day Care Center at
the Southold Town Senior Adult Day Care Center; their salaries to be paid from the
Day Care Program budget; both appointments effective April 9, 1986.
SUPERVISOR MURPHY: I would just like to mention at this time, this is--we were
talking of volunteers--this is almost a little better than volunteering, what these
two professional people are going to work in' this program. I thank them and 1
think everybody in the Town thanks people like that. We have probably one of
the finest Nutrition Programs, thanks to Vee McKeighan, and the Town Board, for
funding and working towards this, anywhere in the County. We are probably
number one and it's something we could be very proud of.
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 another trailer permit 'renewal.
16. Moved by Councilman Schondebare, seconded by Justice Edwards, it 'was
RESOLVED that the application of George A. McCarthy for renewal of a single
family house trailer permit; for trailer located on private road, off of the south
side of the Main Road, Laurel, New York, which permit 'expires on May 10,' 1986,
be and hereby is ranted for a six (6).month period.
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 'to proclaim' Victims Rights Week in: the Town
of Southold.
17. Moved by Councilwoman Cochran, seconded by Justice Edwards,
WHEREAS, violent crime continues to rise nationally, and
WHEREAS, crime costs this country over $75 billion every year, and
WHEREAS, the innocent victims in' crime have too often been treated more like
evidence than people, and
WHEREAS, injury - financial, physical, and psychological - leaves many victims
of crime devastated, and
WHEREAS, American tradition of compssion, dignity and justice mandate that all
citizens of the United States, victims and accused offenders alike, be treated with
respect, and
WHEREAS, the State of New York has received $2.25 million from the 1984' Victims
of Crime Act Fund for victim' compensation and victim- services and the Town of
Southold has given notification of their intent to submit an application for funding
which we will use to expand the range and quality of assistance to crime victims,
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby proclaims the
week of April 20 through 26, 1986' as VICTIM RIGHTS WEEK in the Town of Southold,
and urge all citizens and institutions, public 'and private, to support the establishment
and enforcement of victims rights in'Southold through participation in' state and local
activities commemorating those rights.
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 accept a withdrawal of a subcontractor
on the Waterfront Revitalization Grant.
18. Moved by Justice Edwards, seconded by Councilman Penny, it 'was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
withdrawal of Planning Associates as a subcontractor for the Southold Town
Waterfront Revitalization Grant, as approved by Resolution No. 23 on February
APRIL 8 , 1986
5, 1985, and estends their sincere appreciation to Planning Associates for the
time they have expended on behalf of the Town of Southold.
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, it's now a little after 8:00 and we have a public
hearing scheduled so I'd like a resolution to----
COUNCILMAN SCHONDEBARE: Frank, there are people here about the Dog Pound,
so could we just get to that resolution?
SUPERVISOR MURPHY: Want to go through 22? Sure.
COUNCILMAN SCHONDEBARE: If.:we go to the Dog Pound for you people, and
then I can manage to make up somewhat to you people? Okay.
SUPERVISOR MURPHY: Number 19 is 'to execute an agreement.
19. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute an agreement between the Town
and Szepatowski Associates Inc. as .subcontractor for the Southold Town Waterfront
Revitalization Grant, subject to the approval of the Department of State.
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.
SUPERVISOR MURPHY: Number 20 is to amend a prior resolution.
20. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their '
Resolution No. 19, adopted on February 25, 1986, appointing Police Officers
Vincent L. Tirelli, 'Jr. , Henry F. Santacroce, Jr. , and Edward Grathwohl, to
add-: "at a salary of $7,500. 00 per annum, appointments effective April '8, 1986.
20.-Vote of the Town Board : Ayes: Councilman Penny, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain: Council
woman Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is to amend another resolution.
21. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 23, adopted on February 25, 1986, appointing Angelo Accardo as
a Provisional full-time Building Inspector, to reflect his effective date as March
17, 1986.
,21.-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 22, Jay, would you like to make?
COUNCILMAN SCHONDEBARE: I'll read it.
22. Moved by Supervisor Murphy, seconded by Councilman Penny,
WHEREAS, the Town Board heretofore retained the Garrett A. Strang, Architect,
to prepare preliminary plans for the construction of a new Dog Pound for the
Town of Southold, and
WHEREAS, the Architect presented to this Board preliminary estimates of cost
in the amount of $125,000. 00,
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Town Board does hereby approve the sum of $125,000. 00 as a
preliminary estimate of the maximum cost of the construction of said Dog Pound.
2. The Town Board does hereby authorize Garrett A. Strang to proceed to
prepare detailed plans, specifications and drawings for the construction of said
Dog Pound.
3. The Town Board does hereby authorize the Town Attorney to prepare,
or cause to be prepared a bond resolution in the amount of $125, 000 00 for the
construction of said Dog Pound.
22.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council
man Stoutenburgh, Justice Edwards, Supervisor Murphy. No: Councilman Schondebare
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, I'd like a resolution now to recess so we could hold
the scheduled public hearing.
APRIL 8 , 1986 393
Moved by Councilwoman Cochran', 'seconded by Councilman Schondebare, it was
RESOLVED that a recess be called at this 'time, 8:00 P.M. , for the purpose of
holding a public hearing: reconvened public hearing with respect to the Draft
Environmental Impact Statement of Southport Development.
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.
Regular Meeting reconvened at: 9: 30 P.M.
SUPERVISOR MURPHY : Pd .like to reopen the Regular Town Board Meeting, and
we're at Resolution No. 23, Authorization to execute a Satisfaction of Mortgage.
23. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute a Satisfaction of Mortgage on
behalf of the Town of Southold, said'mortgage -in the name of Robert Berg, dated
September 10, 1984, and recorded in'the Suffolk County Clerk's Office in Liber
10552, Page 491; said'execution of Satisfaction to be upon the payment to the
Town of Southold the sum of $4,920.00.
23.-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 24 is 'the resubmission of a new submission on
Meadow Farms.
24. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, the Town Board of the Town of Southold, by not having caused -to be
filed a notice of completion with respect to the Draft Environmental Impact Statement
of Meadow Farms Associates, is '.still' in the stage of review under Section 617. 8(b)
of the New York State Department of Environmental Conservation Rules and Regula-
tions, for determining whether to accept the draft as satisfactory with respect to
scope, content and adequacy of the submission', and
WHEREAS, opening the public comment period and holding a public hearing on the
submission, while premature, does not damage the process or preclude reinstituting
a more conforming procedure, now, therefore, be it
RESOLVED that the applicant, Meadow Farms Associates, be advised to resubmit an
entirely new Draft Environmental Impact Statement, complying with the Scoping
Session Product, public hearing comments, and on the review of Szepatowski
Associates, _ Inc. , and be it further
RESOLVED that at the time a new submission is made, it should be reviewed as to
scope, content and adequacy, before a subsequent review period and public hearing
is scheduled.
24.-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 25 we're going to hold (agreement with the CSEA
Employee Benefit Fund) . Number 26 is 'an allocation of funds.
26. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby allocates $2,500.00
from the General Fund Whole Town Contingent Account, into A8989.4, Other Home
and Community Services - single Parent Residence, for expenses to be incurred by
the Single Parent Residence Project for construction and/or renovations to their
building on Kaplan Avenue and North Street, Greenport.
26.-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 27 is support of a Long Island Power Authority Bill.'
27. Moved by Councilwoman Cochran, seconded by Councilman Penny, it 'was
RESOLVED that the Town Board of the Town of Southold hereby goes on record in'
support of Senate Bill S.7784/Assembly Bill 'A.9517 entitled, "AN ACT to amend the
public authorities law, in' relation to creating the Long Island power authority,
prescribing its functions, powers and duties and to permit acquisition of certain'
interests in the Nine Mile Power nuclear power project by the power authority of
the state of New York and making an appropriation therefor."
27.-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 28 is to authorize to advertise for bids.
28. Moved by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
394 APRIL 8 , 1986
directs the Town Clerk to advertise for bids for "Building Repairs and New Hung
Ceiling for the Senior/Youth Center, Peconic, New York."
28.-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 29 is to disband, with thanks, the Housing
Advisory Committee, for a job well done.
29. Moved by Councilwoman Cochran, seconded by Councilman Penny,
WHEREAS, the Town Board, on December 28, 1984, created a committee known as
the "Housing Advisory Committee" to address the need' for affordable housing in
the Town of Southold, and
WHEREAS, the Housing Advisory Committee has submitted their final report to the
Tuwn Board, thereby concluding their obligations, now, therefore, be it
RESOLVED that the Town Board hereby disbands the Housing Advisory Committee,
and extends their sincere thanks and appreciation to all of the members who devoted
untold hours on behalf of this project, and provided the Town Board with their
knowledge and expertise throughout the study.
HOUSING ADVISORY COMMITTEE
Herbert R. Mandel, Chairman
Bessie E. Swann
Anthony Leone
Loisanne R. Callis
James .C. McMahon
Walter Krupski
Edith Crosley
Douglas V. Clark
George W. Wetmore
29.-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, that's the end of our prepared and .added-on-to
agenda---
COUNCILMAN SCHONDEBARE: No, I've got another 'add-on.
30. Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby establishes the
following policy: Henceforth all Regular Town Board Meetings shall be held at
7: 30 P.M.
30.-Vote of the Town Board : Ayes.: Councilman Penny, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards. No: Councilwoman Cochran,
Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Now I guess that is the end of our prepared and added-on
agenda. Does any Councilman like to have any further comments? Ray?
JUSTICE EDWARDS: Just one thing. I'm. sorry all the people left and there's .
just the press. It's regarding the payment of the bills. Four years ago when I
took office in the Town of Southold here the Councilmen had a nice little room
downstairs, had a desk, a typewriter where I could 'do a lot of typing that 1
do do over here, and a place where I could keep my papers and so forth, -and
now that's gone, and then the Supervisor is spending $16,000 to renovate his
office and that's the reason we're holding off the payment of these bills. It
definitely was not authorized and I think it's a disgrace that we don't have more
room in the Town Hall. If we have to put an addition on we'll do it, but we
should--I think the Councilpeople should have a room of their 'own in the Town
Hall. Thank you, Frank.
SUPERVISOR MURPHY: Jean? (Nothing, thank you, Frank.) Paul? (Nothing.)
Jay?
COUNCILMAN SCHONDEBARE: Yes. I would reintroduce maybe two weeks from
today, my prior resolution which I requested that everyone who address the Town
Board at a public meeting have fifteen minutes to present their position and five
minutes to rebut, and if they can't get it done within that period of time then
they don't belong standing up there, and maybe this evening you people have
learned a lesson, I hope, and will' pass that the next time around, since we did
spend an hour and a half listening to two people standing up there and have a
discussion between themselves, when Mr. Penny--It's beyond me why he can't
make a presentation on his own (Larry Penny-re: Southport Development public
hearing) . Unbelievable.
APRIL 8 , 1986 3 9 5
COUNCILWOMAN COCHRAN: I think the public should have every opportunity
to say whatever they have to say, no matter what the length of time is.' If we
have to stay here until midnight because we now have night meetings, so be it.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Thank Heaven we moved them from 3:00 o'clock, because
it would have been another four and a half ours this 'could have gone on. No,
I'd just like to say that I want to reiterate the vote of thanks that we gave to
the Housing Advisory Committee. They put' in a year and a very productive
several months of this year and the end result we're working on, it 'was in-
advertently omitted from our final work session today, and I would like to think
that it would probably be the first item on our work session of next week, and
would like to see it 'put on at 9:00 o'clock with at least an hour given so that
it isn't shuffled. away somewhere in' the course of the day. It still'Js 'a matter
of number one priority and I think that we owe a little more time to it; and rather
than see us run short of time, if 'we put it on at 9:00 o'clock for the beginning
of the day I think we have enough people here who could given an idea one way
or another. If we could do that I'd like to see it 'done so we can get this thing
wrapped up and in the works, because we lost two weeks. That's all.
SUPERVISOR MURPHY: Anyone in the audience like to comment to the Board?
GEORGE KRISS: l am a resident of Southold and I want to thank Raymond Edwards
for his comments, because 1 had in mind to address the Council to find out what
these bills were that were being held up. I couldn't understand why. They weren't
explained a little earlier, and I thank you Ivery much for bringing it up. Thank you.
SUPERVISOR MURPHY: Anyone else like to comment? (No response.) If not, a
motion to adjourn.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at' 9:40 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.
GA udith T. Terry
Southold Town Clerk