HomeMy WebLinkAboutTB-05/20/1986 454
SOUTHOLD TOWN BOARD
MAY 20; :1986
EXECUTIVE SESSION
Present: Supervisor Francis 'J.
man Paul:S#n„tA„h `.. ..i, Murphy, Justice R�v►rlond ,11. Edwards, Council
W. Cochran, Councilm11
an George� n James A. Schondebare, Councilwoman Jean
Penny IV, Town Clerk Judith T.
Tasker (9:30) . Terry, Town
Attorney Robert W.
9:00 A.M. - The Board met with Executive AIdministra
Code Enforcement Officer Curtis 11 for Victor G.
Provisional Building Inspector Douglas oBogov ch�ol:in to '(seesr the esolu employment e record ossard f
resolution No. 17)
WORK SESSION
9:40 A.M. - For Discussion Items:
Soil and Water Conservation District relative to-
the
Discussion of�•letter from Suffolk County
Councilwoman Cochran had requested an inspection of the Town
the erosion problem at Laurel Lake.
report suggested a combination of vegatative screening Property and the
-established along the top and bottom of the slope to d scouraeepoo ry fencing be
slope and traffic `should be directed toward the new trail or Walkway,
soil erosion was noted alongg t traffic 'on' the
area off Main Road. the southern shoreline of the lake sin�.e extensive
a nature trail on the LaurelcLake Out Thomas Skabr north of the parking
would be the stabilization el the shoreline, Y had requested permission to make
McMahon will discuss this with Mr. and it was felt a more fitting
and `Community. Development Administrator
authorization to issue, free of charge,kabry. (2) Request of the Town Clerk for
Reports or any other interested bid service s(see resolut on-at, N s for bids to Dodge
10:05 A.M. -. Robert Cotton and Charles Miller,
re resentaLives met with the Board to discuss their proposal for
system for the Tax Receiver's Office, Receiver� Suffolk Count National Bank
well as John Kanas and Charles Anderson from °f Taxes. Geor e a lock box
Company were also present Burin 9 Mellas, as
lock box system used b the North:Fork Bank E Trust
g the presentation. Mr. .Miller outlined the
bank messenger Y the Southampton Town Receive' r'.s,Office whereby a
9 picks up the Receiver's
mail at a and the receipts are credited to the Town the same da
market account, and all problem mail is designated post office box,
more, the taxpayer has the o handled b Y they come in in. a money
National Bank branch in Southamrtonfty to
a y the Tax Receiver. Further
Pay his 'taxes at the Suffolk County
to the Town. P These services are provided at no charge
Receiver of Taxes Mellas stated that this 'system has been
between his office and The North Fork Bank for the
exception of the lock box. past six in operation
Receiver's office after o has been Messenger r for the bank . Years--with the -
mail.' The receipts are then credited to the Receiv Picks up the mail at the _
same date and a computerY his staff u detect problem
print-out received b Receiver's account a the bank the
transactions. He said the .procedure has saved the Mr. Mellas
thou the prior days
for the past six years and is working fine'and the services
been more than satisfactor sands of dollars
a lock box, with deputy Receiver's in each North Fork br of North Fork have
Y• Mr. Kanas stated that six years ago they proposed
to be a legal technicality with respect a this. _
this further. Receiver of Taxes Mellas stated his Town
obj Attorney
but there seemed Town Attorney Tasker will' research
every bank in Town.-----Mr. Kanas and Mr,
Bank Trust Company's Anderson discussedaThe Nor ying es �n
payroll. The Tow has experienced enced proosal to blems with North Fork
their program to the Town's satisfaction at a faction puterized processing k the Town
the proposal and will transfer the payroll account ADP and North Fork will tailor
ton of the cost. The Board favors
ized them to begin computerizing unt to North Fork Jul
No. 20) , g the Town payroll as, of that date Y 1st and author-
ized (see resolution
10:40 A.M. --
- Conservation Advisor Board to discuss her proposal to conduct a road drainage
Council member Heather Cusack met with the
months. The proposal, at a cost of of road drainage into the Town's 22 creeks, 00 Project during the summer
would locate and identify.sources
, prepare a priority list of the problem
MAY 20 , 1986 455
sites, and gradually correct the'pr'obl"ems. 'Ms' .: Cusack advised the Board there is
.$2,000. 00 in the CAC budget to cover this expense. Town Trustee President Henry
P. Smith, also in attendance, read a letter from Trustee Vice President John M.
Bredemeyer, stating that the CAC's role in'assessment of runoff problems is welcomed
and a proper job for the CAC, however, the assessment should not include coliform
bacteria counts except where generally beneficial to keeping Shellfish lands open,
otherwise any unusual Coliform data could unnecessarily cause DEC closure action
due to the ambiguous and often unreliable nature of Coliforms as "true indicators"
of pollution. He suggested prioritizing major discharges based on worst economic
impact to the Town. For example: discharges to closed economically valuable shell-
fish lands; discharges to public bathing areas; discharges to designated critical/
significant habitats. CAC money saved from implementation of construction standard
changes and not extensive unnecessary surveys could probably purchase some leach-
ing drains for use now.---The Board will discuss this further at their June 3rd
work session.
10:50 A.M. - For Discussion Items: (4) Discussed Councilman Schondebare's
proposal for a Local Law to cover vehicles transporting garbage to the Landfill.
He will have a suggested Local Law for the June 3rd meeting. (5) Request of
Water Advisory Committee Chairman Franklin' Bear to appoint a town employee to
serve as secretary for the Advisory Committee. Councilman Schondebare and
Councilwoman Cochran objected to the proposal. They expressed the concern
that if one is 'provided for the Water Advisory Committee, all other.Town Board
appointed committees will be requesting one. William Behr, Chairman of the
Economic Advisory Committee, who was sitting in the audience, stated that they
have not found it 'necessary. One of their 'members acts as secretary for their
committee.
11: 10 A.M. - Michael Zweig met with the Board to discuss his 'amended proposal
to conduct a wine/grape study during the summer months. He indicated that he
has submitted the proposal to the NYS Dept. of Agriculture & Markets who advised
him to send it to the Wine 8 Grape Association for considdratioh for funding. He
has also submitted it to the Suffolk County Economic Development Agency who are
reviewing it and indicate they like the proposal and will ' consider a funding
contribution. The amended proposal contains a budget for $8,000, which includes
a consultant for four days at $400.. Mr. Zweig asked the Board to consider increas-
ing the budget to $8,500.00 to include $500 for a research assistant during the
month of June. The Board agreed. (see resolution No. 21) .
11 :50 A.M. — For Discussion Items: (6) Letter from Southold Town Youth Counselor
Mary Ann Fleischman relative to the request of East End Counseling for funding.
Ms. Fleischman supports the request, but wished the Board to know that the needs
of the Town's youth far exceed existing services. It is `her belief that both East
End and the .Town program require continued financial support, and requested equal
distribution of the funding. Ms. Fleischman and a representative of East End Counsel-
ing will be request to meet with the Board at the June 3rd work session. (7) Discussion
relative to proposed sale by the Town of the Morbark Chipping machine (see resolution
No. 22) . (9) Notification from the Town Clerk that no bids were recieved on May
15th for the building repairs and new- hung ceiling at the Senior/Youth Center. This
project will' be rebid� (see resolution No. 23) .
12: 05 P.M. - Off Agenda Discussion: Supervisor Murphy indicated that the Planning
.Board's review of the proposed updated Master Plan is complete and they will ' soon be
presenting their recommendations to the Board. Councilman Penny asked -that the
record reflect that he would like to deal with the Master Plan as soon as possible
and is available 24 hours a day for that purpose.---Councilman Penny also advised
the Board that as the Dog Pound Committee Chairman for the Town Board he will
soon be commencing negotiations for a new contract, and would like to meet with
representatives of the North Fork Animal Welfare League at the next meeting to
discuss any problems they, or anyone concerned, may be having.
EXECUTIVE SESSION
12:20 P.M. - The Board briefly discussed provisions of the FairLabor Standards
Law with respect to exempt employees. This matter will be considered further
by the Wage 6 Policy Committee by conducting a review of existing exempt positions.
12: 35 P:M. - Recess for lunch.
2:00 P.M. - Work Session reconvened atn the Board met with Principal Account
Clerk .Mary Bourcet to discuss an invoice received from PRC Engineering, Inc.,
which included their Progress Report No. 5 for work accomplished between 2/1 /85
and 2/1 /86 indicating a considerable percentage of work relative to Phases III, IV
and V. The Town Board stopped this study at the end of Phase 11, and there is
concern about making an application to the FAA for reimbursement with respect
to III, IV and V. It was determined the submission should be made since the
prior progress report indicated work on those phases and reimbursement was
received.
456 MAY 20 , 1986
2: 10• P.M. - For Discussion Item (3), report of Fire Inspector Robert Fisher of
his inspection fo the Town Hall on April 10, 1986. Buildings and Grounds Chair-
person Councilwoman Cochran reported that she has met with the Building Depart-
ment concerning the report and work is 'to begin on making the corrections to
comply with the law. She further stated it is her recommendation that investigation
should begin as soon as possible into adding on to the Town Hall.
2: 45 P.M. - Planning Board Chairman Bennett Orlowski, Jr., Executive Administrator
Victor Lessard, and Code Enforcement Officer Curtis Horton met with the Board to
discuss the Pindar Vineyards operation at Peconic. Mr. Orlowski stated that he
feels the operation is illegal in 'the sense that it �is a Residential/Agricultural District
and there was an art exhibit/cocktail ''party, 'drawing hundreds of people, last week-
end and there is an advertisement in'the local newspapers for a Jazz' Concert on ff
rv►mi!1n MPmnr[al Day wPakPrarl_ When Pindar was called relative to reservations for
the Jazz Concert,a fee of $8.00 for advance reservations, or $9.00 'without, was quote
Mr. Lessard stated that the .barn building, advertised as having a capacity of 175,
is now under the criterial' for compliance of the public 'assembly law. Furthermore,
a special' exception by the Board of Appeals provides for a winery use with production
and. sales only, and it appears Pindar is in'violation of this special exception as well.
An inspection of the premises disclosed that as well as the.sal_e of wine, they are
running a gift shop with sweatshirts, cookbooks and other items, which is not
permitted. They do not have site plan approval from the Planning Board, nor a
certificate .of occupancy. The Town Board instructed the Building Department to
enforce the code.---Chairman Orlowski advised the Board that his Board is now
ready to present their'recommendations with respect to their review of the updated
Master Plan, and a date will be scheduled for this presentation.--When questioned
relative to the progress of the uniform regulations with respect to the Planning Board,
Board of Appeals and Building Department, Mr. Orlowski said this has been completed
to the point ,of awaiting finalization of the updated-.zoning regulations.---Mr. Orlowski
also informed the Board that the Planning Board now has jurisdiction to authorize
cluster concept zoning and will' no longer be, required to refer cluster concepts. to
the Town Board for approval.
3: 15 P.M. - Members of the senior band the Overtones, appeared before the Board
to accept a resolution in their honor, presented by Councilwoman Cochran"and
Recreation Director Fossett, recognizing their '.award of the Gerard Farley Community
Service Award from the County of Suffolk.
RESOLUTION
Moved by Councilwoman Cochran,. seconded .by the Entire Town Board,
WHEREAS, in September of 1977 'a group of people joined together to form a band,
known as the Greenport Nutrition Band, to entertain the visitors at the Southold
Town Nutrition Center; and
WHEREAS, this band, organized by William Overton, Henry Hulse and Henry Corazzini,
provided hours of enjoyment for all who listened, and their numbers grew to include
Margaret Cowan, Dorothy Hulse and_ Fred Scocco; and
WHEREAS, in 1980 the band became known as the ."OVERTONES" in honor of their
late leader William Overton, and their numbers again grew to include Margaret
Scocco, Samuel Main, Edward Schwenker and Arthur.:_:Vanderbeck; and
WHEREAS, over the years the "OVERTONES" have .given of their 'time.and talents
to lighten and brighten the days of senior groups, nursing homes, churches,
chambers of commerce, fairs and benefits; and
WHEREAS, in reponse to a request from the Suffolk County Senior Citizens Advisory
Board for nominations for the Gerard Farley Community Service Award (named for a
senior citizen who actively worked for-the benefit 'of senior citizens) , Southold Town
Recreation Director Susan Fossett submitted Southold Town's nominee: the
"OVERTONES"; and
WHEREAS, the "OVERTONES" have been selected as the 1986 recipient of the Gerard
Farley Community Service Award, in' recognition of their 'years of unselfish service
to their fellow seniors, and in' particular for their years of providing musical entertain-
ment, and will." be honored at a luncheon at the Colony Hill 'on May 22, 1986; at which
time they will' receive their award from Suffolk County Executive Peter F. Cohalan;
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby congratulates and
applauds the "OVERTONES" and extends their sincere thanks and appreciation to
them for sharing with so many others their unique and special talents.
THE "OVERTONES"
Dorothy Hulse - Banjo - Uke
Henry Hulse - Trumpet
Samuel Main' - Banjo
_ Edward Schwenker - Sax - Vocals
Arthur Vanderbeck - Drums - Vocals
Margaret Cowan - Piano
Margaret Scocco - Vocalist
Henry Corazzini - Mandolin
Fred Scocco - Leader - Sax - Vocals
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.
MAY 20 , 1986 457
3:30 P.M. - The Board reviewed .Regul,ar; Meeting Resolutions until 5:00: P.M., at
which time they.audited outstanding vouchers, and included the vouchers of
Supervisor Murphy for his 'expenses at a waste management conference in California;
hotel, meals, and car rental. With reference to vouchers submitted by Supervisor
Murphy for services of vendors and contractors to redecorate his offices, the Board
advised the Supervisor he should contact the vendors. with an offer to pay 80 0:of
their vouchers, with the exception of the furniture,, -a resolution was submitted by
Justice Edwards for consideration at the Regular Meeting, calling for_ the Supervisor
to immediately take all necessary action to return the furniture to Lo Stack, the
vendor (see resolution No. 26) .
6:00 P.M. - Work Session adjourned.
REGUALR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, May 20,
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 Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: At this time I'd like a resolution to approve the audit of
the bills of the May 20th, 1986.
Moved by Councilman Stoutenburgh, seconded by Councilman Penny, it was
RESOLVED that the following audited bills be and hereby are ordered paid General
Fund Whole Town bills in'the amount of $25,365.74 (includes vouchers submitted by
Supervisor Murphy on March 11, 11986 ($534.58) and May 6, 1986 ($237.05); General
Fund Part Town bills in the amount of $17,470.28; Highway Department- bills in the
amount of $9,446.54; Fishers Island Ferry District 'bills in the amount of $15,895.24;
Southold Wastewater Treatment District bills in the amount of $509.18.,
Vote of the Town Board: Ayes: Councilman Penny;-`Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justicd"Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time I'd like a resolution approving the minutes of
the regular meeting of May 6th,. .1986.
Moved by Justice Edwards, seconded. by Councilman Penny, it was
RESOLVED that the minutes of the Regular Town Board Meeting held on May 6, 1986;
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: Now one to set the next meeting date for June 3rd, 1986,
7:30 P.M. , Southold Town Hall.
Moved by Councilman Penny, seconded by Justice Edwards; it was
RESOLVED that the next Regular Meeting of the Southold Town Board will' be held
at 7:30 P.M., Tuesday, June 6, 1986, at the 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.
458 MAY 20 ; 1986
I. REPORTS.
SUPERVISOR MURPHY: Okay, moving on to the first item on your agenda are
Reports. These Reports are on file in the Town Clerk's Office for anyone who
cares to read them. Some of them are very interesting.
1. North Fork Animal Welfare League, Inc. - April 1986 monthly report.
2. Recreation Director Susan Fossett's report on her attendance at the
NYS Recreation and Park Convention.
3. Domension Cabe Services - April 1986 subscribers complaint report.
4. Southold Town Police Department - April '1986 monthly report.
5. Justice William Price - April '1986 monthly report.
6. Highway Department - March '1986 and April 1986 monthly reports.
7. Justice Frederick Tedeschi -,April 1986. monthly report.
8. Board of Town Trustees - April '1986 monthly report.
9. I'd like .to now ask the Councilmen if they have anything to report. I'd
like to start on my left with Judge Edwards.
JUSTICE EDWARDS: Nothing at this time, Frank. Thank you.'
SUPERVISOR MURPHY: Just that we have success so far with the barge.
JUSTICE 'EDWARDS: I'll mention that at the end, unless you want it now.
SUPERVISOR MURPHY: Okay, go ahead. Do it at the end.
JUSTICE EDWARDS: I'll .do it 'at the end. Follow-up.
SUPERVISOR MURPHY: Fine. Jean?
COUNCILWOMAN COCHRAN : Yes, we've been busy with CSEA negotiations, and we
have another meeting scheduled June 16th at: 9:30 A.M. In addition the Wage and
Policy Committee met. As a result of the policy submitted we have made some changes,
or a policy will be codified and presented to the Board that at this public meeting,
just before the resolutions, there will ' be a time for public input prior to the resolutionE
We will also have, at the end of this meeting, the period for open comment from the
public' The policy .statement in relation to the Work Session has been dropped. W
continue. to function as we have been in the past. Also, I presented to the Board
result of the Building and Grounds--we reviewed the Fire Inspector's findings in
relation to the building, and the Board has given its okay to go ahead and make ti, ,
corrections. Some have already been made. There will be changes made in'a fire,,
exit down in:the Finance area, in'addition to proper alarm system being added,
fire extinguishers and so forth. Water Advisory, I joined the Water Advisory
Committee yesterday in'their tour to the different test filter systems that are
situated around the Town of Southold. Also I was very pleased today to. present
to the Overtones, a resolution congratulating them on behalf of the Town Board,
for their award, the Gerard Farley Award, which will be presented to them on the
22nd by County Executive Cohalan. I think that's it, Frank.
SUPERVISOR MURPHY: Thank you,. Jean. Paul?
COUNCILMAN STOUTENBURGH: Yes, on May 12th I attended the Water Advisory
meeting where they reviewed their goals and they are now working on a project
of education, which they hope to have a flyer going out by July. Last Friday
spent the day over in East Hampton to see where we're having problems with the
invitation of the Suffolk County Water Authority in their area. In other words,
Suffolk County Water Authority is now functioning in' the Town of East Hampton.
One of the problems is 'that the Town and the Suffolk County Water Authority
don't .quite see eye to eye and there is no way of controlling what goes on.
And they're trying to get some sort of a handle on this 'problem, because they
feel there are some areas they do not want water brought in'to, but the problem
is that the Suffolk County Water Authority has a franchise and their only object
is 'to bring water to whoever wants it.' Whoever can pay for it they'll bring it 'to
them, even though they take it from other areas. It was an interesting back and
forth conversation and lasted, believe it or not, about four hours, with people
speaking pro and con for the different ideas of whether or not they should permit
this water line to go through, because what they're concerned about is 'this very
fragile area which is in the area--probably if 'any of you have gone to Montauk you
know where the big high tension wires are. That area out there is very low water
table and they feel that they don't want this to be developed--over developed, and
one person out there--a person who owns a motel, is putting up a million dollars to
bring in'a water line and they're afraid that all along this water line will' now be
developed, and even though they have it zoned, they feel that future Boards might
break the zoning down and therefore they would lose out. So it was a rather
interesting idea and concept and I wanted to be there to hear about it.' I also
was on the arbitration. I met with Jean and the others. This committee is going
to meet again, as you say, on June the 16th I believe, and hopefully we'll be able
MAY 20 , 1986 •'
459
to get some sort of understanding between the Town and CSEA. I was with, by
invitation, Greg Blass asked the Town Board to meet with him. Once each year
they like to get together and talk over problems, and Frank and myself and Jean
traveled in and sat and had lunch with Greg and he was very graceful in giving
us a free lunch and we tried to talk over different problems, some of which were
our Landfill; the lack of-;navigation funds, which we've been fighting for for years,
public input into work sessions, which Jean touched on. We sort of reviewed that
to see how they handled it. Road run-off, one of the problems seeing if 'we could
get cooperation between State, County and local government. . Water problems in
general of the East End and the upcoming meeting with the Commissioner of Conserva-
tion, Mr. Williams, Commissioner Williams, which has been set up for the near future
here, on June 5th, and we hope to be giving him some input of what we would like
to see the DEC doing, and also we were asking and begging for. funds for this grape
study which we're hoping to get. So we did' have a fairly nice chat and good rapport,
think. and I came away with a eery nnr.r7 -1�G _
11__ _ ..�w�,1_
J.._... : Y.�. .. . ':�. i..c S OL.., a YYC1 ICI
Advisory Committee, right here in' this room. That was yesterday, I believe. In
-which we met with the representative of the dealers in'the nation who handle filters,
and this was the Water Quality Association, and we asked them many pertinent
questions about their 'certification program and the lack of an outside control. 1
think we brought to home a point which I think needed to be brought back, that
you don't watch your own chickens, so to speak, the fox doesn't watch the chickens.
They have a certification program in whcih' they, themselves, are the sole people to
set up the criteria, and we thought there should be an outside person,. or not person,
but a governmental body to handle that. And as Jean said, after that we traveled
around to the various homes, four different -homes, to see the various filters that
have been set up in homes in the Town of Southold, and found them all working
well and 1 must say that everybody was very happy with them. Even though some
of them were quite expensive. Some running $7-00- .$800. Some -people having two
or three of them in there' but the cost didn't seem to interfere with people. They
said they preferred that to be assured of good clean and healthy water-, and so the
filter system seemed to be functioning very -well. T-hat's about it, Frank.
SUPERVISOR MURPHY: Thank you, Paul. Jay?
COUNCILMAN SCHONDEBARE: Nothing, ;:Frank. I'll let George report. We all
attended the same meetings.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Okay. The 7th we had our first meeting of the Labor
Management Committee. We met with the CSEA reps and we've set up the 3rd
Thursday of each month to continue this work session. On the 12th I attended
a meeting of the Water Advisory Committee, which Paul has already reported on.
On the 13th we had another meeting with the CSEA. We're going over some
inequities in the contract. On 5/13/86 1 attended the Wage and Policy Committee,
which Jean has already reported on. On the .14th we had a Police Committee meetin
with Chief Dan Winters in Southold. His 'primary reason is 'we'd like to update--or
he would like to update the 1972--and .that actually predates 1972--radio 'system that
he has in the headquarters there. We took a trip down to Cutchogue and took a
look at the Cutchogue Fire Department's, and there's quite a difference between the
two, and so we're going to be looking into that for the future to update our facility.
Ont he 15th we had another CSEA meeting,, and another one on the '19th, so we're
continuing to work on that. On the 15th we had a meeting of Buildings and Grounds,
which Jean reported on. Yesterday we' had an impromptu meeting here at the Town
Hall with the ad hoc Water Committee from Captain Kidd. These people have been
looking for a good water system since the probably late 70's and early 80's, and
have taken advantage of our new policy and came here to the Town Board to ask
how fast we can set up a meeting with them, because they've been trying to get
somebody to take over their water system since at least 1983. So we've set up a
tentative appointment,which will be confirmed on Friday, with the Suffolk County
Water Authority. to meet with these people. Specifically Don Witschieben, the
President of West Mattituck Beach Association, Nick Cyprus, the Vice President,
and Stanley Sledjeski. You have to bear in kind that there's 150 to 200 homes
invovled in this network and they're concerned about water also. They don't
have it 'from time to time. On the :19th we had the meeting of the Water Advisory
Committee--yesterday afternoon, which Paul already reported on. We didn't have
a meeting of the Dog Pound Committee, we're setting up contract negotiations with
the Animal Welfare League very shortly, as the contract is due in July, and we're
happy to report that the plans for the new Dog Pound are well under way. They're
being sent out for some engineering work, and then they'll come back to the architect
for some final touches. But within probably the next two Town Board meetings we'll
have them done and be ready to go to bid '. Thank you.
SUPERVISOR MURPHY: Thank you, George. I would like to add a couple more.
One, to make some people happy, and to make others sad, . the Jockey Creek Bridqe
will be completed and opened on Friday. I'm sureAhere's some who enjoyed the
peace and.quiet of cars not going by and there's some who are quite upset about
the detour, but we can't make everybody -happy, but the project is officially complete
460 MAY 20 , 1986
and hopefully if all goes well the detours .will be taken down on Friday. 1 would like
to comment and thank a Mr. Waitz from Cutchogue, who is our unofficial coordinator
of the art decorations that have been appearing in'Town Hall here, and I .would just
like to mention the artists who have paintings' here and I think they really are
fantastic. One is Marjorie Meyer, Marilyn McNulty, Joanne Taylor, Diane Alec Smith,
Karen Bell, Irene Wahl, and Teresa Shaw. I think. as you look around you'll see
there's some real nice paintings here. The other is, I'd like to just comment,
think it was an excellent idea of our Presiding Officer of the County Legislature
to meet with the Town Board. I think the three of us that went down had a very
good informational meeting, and I think this is the kind of rapport that is 'so .
important between the Town and the County, because they're realizing our problems,
and we have one legislator out here who covers, I guess, five towns. So this is
a little closer and it's a good idea. Hopefully we should be hearing soon. We
might .have to go and do a little lobbying. The four East End Towns were involve(
rJith the Lo trali,f2Y-tax but ho^"f"I", �nrn ha�i . - C. p., , nnn(l chance ofIt going
1 —1 / _ C. ,
through. It might not go through as 2%. 1 understand there is some pretty
strong feeling for a 1 o tax. The other item is that we should start reseeding
our sewage treatment plant down in' Greenport, for the septic waste. Through
the cooperation of Southold Town Highway Department and the Greenport Board
we have the liner installed and the new lagoon is starting to be filled, so we're
making very good progress there and hopefully our plant--scavenger waste plant
will be on line 100% in the very near future.
II. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to the second item on the agenda. is Public
Notices. There's ,two.
1. New York State Emergency Management-°Office is presenting a Governor's
Hurricane Conference at Farmingdale at May 28th and 29th.
2. New York State DEC delcare the application of Glenn Just, Land Use
Co. complete. Survey to be revised and reviewed.
Ill. COMMUNICATIONS.
SUPERVISOR MURPHY: Moving on to item three, Communications.
1. From a Council person (Joseph Macchia) in Brookhaven who is coordinating
the lobbying effort for this 26 land tax that I was talking about. Very glad to see
Brookhaven in this year. This 'might be the strength that we need to get this '
legislation passed.
2. From Commissioner Rozzi of the Nassau County Police Department acknow-
ledging a letter we sent to him thanking him for his cooperation in helpin to train
three of our new recruits. I think the three young men who have gone down there
are very pleased that Suffolk County resolved their problems and the school is now
back out in Westhampton, because it really was quite a ride for these guys. But
we do appreciate what Nassau County did for us, and this is another example of
cooperation between local governments.
3. A letter from Long Island Lighting Company to Supervisor Mike LoGrande
from Islip Town, and they had complained, we had complained, most of the Towns
on Long Island had complained about LILCO not giving this credit that they've
received from their 'hydroelectric `power, the 'cheape.r electricity they got. This
will be forthcoming very shortly.
IV. PUBLIC HEARINGS.
SUPERVISOR MURPHY: There are two public hearings tonight beginning at
8:00 o'clock,.* so we'll move on to. Resolutions as we still ' have ten minutes.
V. RESOLUTIONS.
SUPERVISOR MURPHY: From discussions today, and for the last severaldays,
on a policy of talking. -It was really brought-to our attention at the last meeting
that it really--for the public to comment on resolutions, we're going to allow any-
body in the audience concerning just the resolutions that are scheduled, to make
any comment before we do have the actual vote. It's a way where you could let
your feelings be known to any Town Board members how you want to comment.
I would ask that we comment just on the resolutions. There will be a period of
time at the end of the regular meeting for anyone in the audience to make any
other comments that they would like to address the Town Board. We're here to
listen to you and this is what we intend to do. So is there anyone here who
would like to talk, make a statement. We would like it limited to five minutes
just so that everyone could get a chance if there is a large group that would
like to comment. If anyone would like to address the Town Board on any of the
resolutions that are on your agenda? (No response.) Okay, if not we'll move on
to the resolutions. The first one is 'an appointment to the Zoning Board of Appeals.
1. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert J.
Douglass a member of the Southold Town Board of Appeals, for a five year ,term to
expire on April 19, 1991.
MAY 20 , 1986 4 .6 1
SUPERVISOR MURPHY: Any questions?- No' response.) y
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.
SUPERVISOR MURPHY: Best of luck, Mr. Douglass, and congratulations. I know
you'll do a good job. Thank you. Okay, Number 2 is to declare lead agency.
2. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby declares itself
lead agency in regard to the State Environmental Quality Review Act in the matter
of a proposed Local Law entitled, "A Local Law to make provision for Affordable
Housing for moderate income families".
2.-Vote of the 'I'own board: Ayes: councilman fenny, Councilwoman Cochran, C;ouncii
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is another lead agency.
3. Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby. declares itself
lead agency in regard to the State Environmental Quality Review Act in the matter
of a proposed Local Law entitled, "A Local Law in' relation to bed and breakfast
facilities".
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 execution of a one -year
maintenance agreement.
4. Moved by Councilman Stoutenburgh, seconded by Councilman Penny, it was
RESOLVED that the Town Board, of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a one (1) year maintenance
agreement with AT&T Information Systems, for the telephone equipment of the
Southold Town Police Headquarters, at a cost .of $107.00 per month.
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 another lead agency.
5. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby declares itself
lead agency in regard to- the State Environmental Quality Review Act in the matter
of the application of safe BTI mosquito larvacide on Fishers Island.
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 authorize a modification of the General Fund
Whole Town 1986 Budget.
6. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following modification to the General Fund Whole Town 1986 Budget:
Increase Estimated Revenues A510
Sub Account - State Aid; Council of the Arts A3845 $6,000.00
Increase Appropriations A960
Sub Account - Historical Property A7520.4 $6,000.00
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're going to hold and redo?
(Proposed policy resolution concerning verbal participation during Town Board
work session.),.
COUNCILWOMAN COCHRAN: Yes. We're not doing anything with it at this time.
SUPERVISOR MURPHY: Number 8 .is to set a policy.
8. Moved by Councilman Penny, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby establishes the
policy that henceforth Town personnel shall have priority to address the Town
Board Work Sessions, between the hours of 9: 00 A.M. and 10:00 A.M.
4- 62 MAY 20 , 1986
COUNCILMAN PENNY: The reason we're doing this is so the Town personnel or
staff, the department heads so to speak, can come in and get in and get out and.
not have to sit and be filtered inbetween other appointments that we have, and
we're trying to get them in and get them out so they can get back to work.
SUPERVISOR. MURPHY: Any other comments? (No response.)
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: Number 9 is a resolution to endorse an amendment to
Executive Law 451 in regards to additional State funds for the service to the
Piderly , _ I offer that resolution. .
9. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, subdivision 4-(b)-(1) of Executive Law 451, sets forth the State aid
formula for community service projects for the elderly, an
WHEREAS, Senate Bill o. S7115 Fias been introduced in the New York. State
Senate by Senator Skelos and co-'sponsored by Senator .LaValle, and its
counter-part Bill' No. A8583 has been introduced in the Assembly, and
WHEREAS, the Act thereby proposed would amend 541-4-(b)-(1) of the New
York State Executive Law by providing an additional State reimbursement of
Four Dollars ($4.00) or each elderly person residing in the County or
Thirty-Two Thousand Dollars ($32,000.00), whichever is ' greater, for
protective services and home health care programs for the elderly, and
WHEREAS, it is deemed by the. Town Board of' -the Town of Southold that the
aforesaid' amendment would be in' the public ' interest in' the Town of Southold,
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of
Southold strongly endorses the above proposed amendment to .the Executive
Law, and BE IT FURTHER RESOLVED that. the Town Board hereby urges our
State Representatives and other officials to seek support and -press for t e
adoption in a timely fashion, and.
BE IT FURTHER RESOLVED that the Town Clerk is hereby directed to
transmit a copy of this ' resolution to the Governor of the State of New York,
Senators and Assemblymen for the County of Suffolk, Stater Majority Leader,
and all Town Supervisors in the County of Suffolk.
9.7-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Counc
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution .was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to amend the;Community Development Year
11 Program.
10. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to give public notice that the. Town Board will ' be consider-
ing the following amendments to the Community Development Year 11 Program at
their June 3, 1986 Regular Meeting commencing at 7: 30 P.M. :
Current New
Project Budget Increase Decrease Budget
-Home Improvement
Program $71,540.00 -0- $10, 000.00 $61,540.00
Laurel Lake Recreation
Area/Chamber of Commerce $25,000.00 $4,000.00 -0- $29,000.00
7th Street Sewer
Extension $45,000. 00 $6,000.00 -0-. $51,000.00
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 to appoint a summer research intern for
the Planning Board.
11. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Melissa
Spiro as ,a Summer Research Intern for the Planning, Board, effective immediately,
35 hours per week, at a salary of $5.50 per hour.
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 appoint a summer research intern to the
Building Department.
12..,.Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of, the Tow.n of Southold hereby appoints Andrew
MAY 20 , 1986 463
Othen as a Summer Research Intern .for,;ahe;_,Building Department and Board of
Appeals to coordinate information for recording on the Assessor's property record
cards, effective immediately, 35 hours per week, at a salary of $5.50 per hour.
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 appoint a seasonal clerk typist in the
Building Department.
13. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Audra
Kujawski as a Seasonal Clerk Typist for the Building Department, effective
immediately, 35 hours per week, at a salary of $5.50 per hour.
13.-Vote of the 'l own board: ►yes: Counciiman Penny, Counciiwoman Cochran, -Coull,_;il-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is 'to appoint a part-time Deckhand for the
Fishers Island Ferry. .
14. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to employ John S.
Stanford, as a part-time Deckhand to replace Neal E. Parker, effective immediately,
at a salary of $5.09 per hour.
JUSTICE EDWARDS: Comment on that one, Frank?
SUPERVISOR MURPHY: Sure.
JUSTICE EDWARDS: Let's see, three people are being hired here at $5.50 per
hour and you've got a Deckhand who's $5.09. Discrimination. Thank you.
COUNCILMAN SCHONDEBARE: But we don't set their salary: The Ferry District
does.
JUSTICE EDWARDS: I'm only joking.
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 grant a salary increase to part-time
employees for the Fishers Island Ferry District.
Amended by Resolution #19, August 26,1986
15. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to grant 7 o salary
increases, effective June 16, 1986., to the following part-time employees: Thomas
F. Alligood, Frederick Barrett, Jr. , Walter Bernard, Evelyn A. Clarke, Robert
Davis, Donald Hayes, Eugene Henson, Robert Jordan, Christopher Londregan,
Michael Londregan, John Piacenza', Donald Stankiewicz, Peter Strife, Wilfred
Szalkowski, William Toivonen, David White.
COUNCILMAN SCHONDEBARE: How much are they getting now, Ray, with the
7 o salary increase?
SUPERVISOR MURPHY: Probably more than $5.50.
COUNCILMAN SCHONDEBARE: Is it all above $5.50, Ray?
JUSTICE EDWARDS: I think a few went up to $6.00. They've only been there
five years.
15.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman, Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolutiori was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this time I'd like a resolution to recess the
regular Town Board meeting so we could have our two scheduled public hearings.
Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 8:00 P.M.
for the purpose of holding two Public Hearings:
8: 00 P.M. - a proposed "Local Law in relation to fees for the demolition or
relocation of buildings".
8:05 P.M. - a proposed "Local Law in relation to Accessory Apartments in
464 MAY 20 , 1986
existing dwellings".
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 8: 10 P.M.
SUPERVISOR MURPHY: We will reopen the regular Town Board meeting scheduled
for tonight, and going on to Resolution No. 16 which is to amend a prior resolution:
16. Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their '
Resolution No. 5, adopted on November 7, 1985, appointing Denise Ross as
Assessment Clerk in the Assessor's Office, from the Suffolk County Department
of �1Vil Service. .a•c: .,,.:.._. f CI:y:{J�.c....'' 1 ..`.+ :ff::+:... Aln�ioSnh�u- 1C. 14Q['., +n
a.. .ice. Cei Ci.icativl. v. �. s ' .••`� •�_-
reflect a salary of $11 ,471. 00 per annum, and be it further
RESOLVED that Denise Ross shall receive retroactive pay with respect to the
aforesaid' salary of $11,471.00.
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 terminate the Provisional .Building
Inspector.
17. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of. Southold hereby terminates the
appointment of Douglas Bogovic; Provisional Building Inspector, effective May 31,
1986.
17.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, .*Supervisor Murphy. No: Councilman
Penny.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18. is to 'authorize the Town'Clerk to send plans
and specifications for various bid' items free to Dodge Reports: of Melville or any
other interested bid service and to mail same if requested. I- offer that resolution.
18. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Town Clerk to issue, free of charge, plans and specifications 'for bids, upon the
request of Dodge Reports, Melville, New York, or any other interested bid service,
and to mail same if requested.
SUPERVISOR MURPHY: The purpose of this 'is 'that. when you go to bid you would
like to have it spread around as much as possible and a lot of times the prospective
bidders would not pick up our local papers where w.e would advertise. This would
guarantee that the plans and specs would be available to outside contractors to bid
on a project. We had one on our 'Senior/Youth Center that nobody bid on, and
we're having a problem. Any other questions? (No-' response.)
18.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolutiori was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is 'to engage a firm to conduct an appraisal.
19. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it was
• RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Gorman & Associates, Mattituck, for the purpose of conducting an
appraisal of the major subdivision known as Harbor View at Mattituck, so the
Town Board may determine the amount of money to',•be deposited with the Town
in lieu of land for park and playground purposes, all in accordance with Section
A106-38E. (3) of the Code of the Town of Southold.
SUPERVISOR MURPHY: This 'was done by a lottery just to be sure it's fair.
Any other questions? (No response.)
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 transfer our payroll account and to
transfer our computerized processing of the Town payroll also.
MAY 20 , 1986 465
20. Moved by Justice Edwards, seconded by_Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby transfers the
Southold Town Payroll Account to The North Fork Bank and Trust Company,
Mattituck, effective July 1, 1986, and be it 'further
RESOLVED that the Town Board accepts the proposal of The North Fork Bank
and Trust Company to begin'a computerized processing of the Town payroll
effective July 1, 1986.
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':- : Number 21 is to authorize the execution of an agreement.
•,� �e.,., a �.., r,... , :1.,,,,..,�., rnrhvan carnnrlarl by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement with Michael Zweig_
to conduct a study on the grape and wine industry in the Town of Southold, at
a contract fee of $8,500.00, said study .to begin on June 2, 1986 and conclude on
.September 2, 1986, all in accordance with the contract to be approved by Town
Attorney Tasker.
COUNCILMAN STOUTENBURGH: I just wanted to add that there's a possibility
there'll be another $8,000 coming from another grant. The original proposal was
for $16,000 and the Town wanted to spur this idea along and so they said'they'd
go half way and they're now looking and they feel they have a good source for
the additional $8,000. We have hopes that this would go through and we'll have
the full study. Just thought I'd add that.
SUPERVISOR MURPHY: Any other questions? (No response.)
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 is 'to authorize the Town Clerk to go to bid
for the sale of surplus Town equipment.
22. 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 the--sale by the Town of the
Morbark Super Beever Total Chiparvestor, including Blade Sharpener, and
spare parts; minimum bid of $35,000.00.
I: c
COUNCILMAN PENNY; May I ask a question?
SUPERVISOR MURPHY: Sure.
COUNCILMAN PENNY: We had discussed that that includes 'the knife--grinder 'and
blades? I don't see them mentioned in the resolution.
TOWN CLERK TERRY: I have that on the specs. I'll put it the resolution.
COUNCILMAN STOUTENBURGH: To include---why don't we just add----
SUPERVISOR MURPHY: Knife grinder and spare parts.
COUNCILMAN SCHONDEBARE: As amended.
22.-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 23 is 'to authorize the Town Clerk to go to bid.
23. Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that the. Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for building repairs and new hung
ceiling at the Senior/youth Center, Peconic, New York.
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 to appoint a part-time Clerk Typist for the
Board of Town Trustees.
24. Moved .by Councilman Penny, seconded by Councilwoman Cochran, it :was
RESOLVED that the Town Board of the Town of Southold hereby appoints Arleen
Oliver as a part-time Clerk Typist for the Board of Town Trustees, 1.71,- hours per
per week, $5.50 per hour, effective immediately.
466 MAY 20 , 1986
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 is to authorize the purchase of a parcel of land
from the Suffolk County Department of Real Estate.
25. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
purchase of a parcel of land offered by the Suffolk County Department of Real
Estate, which parcel is a 20 ft. strip of land extending from the westerly side
of Waterview Drive to _Goose Creek at Bayview, Southold, and shown on the
Suffolk County. Tax Map as District 1000; Section 078; Block 7; Lot 018.
SUPERVISOR MURPHY: This 'is 'a very small piece of property that is up for tax
sale. The ownership of it is 'a little clouded, but it 'is right next to a Town road
right-of-way and we feel for the approximately $100 in back taxes it's a good invest-
ment. Any other questions?
COUNCILMAN SCHONDEBARE: You might not count on ge-tting it. The sale was
slated for May 19th and May 20th.
25.-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 26 is to authorize the Supervisor to return
furniture to Lo Stack.
26. Moved by Justice Edwards, seconded by Councilman Penny,
WHEREAS, the Town Supervisor heretofore purported to enter into contract for
the purchase of office furniture for the Supervisor's Wfice, an
WHEREAS, such contract was entered into by the Supervisor'without the approval
of the Town Board, as required by Subdivision 6 of Section '64 of the Town Law,
which provides t at all contracts shall be executed by-the Supervisor after approval
by the Town Board, and
WHEREAS, Section 103 of the General Municipal Law provides that all purchases
excluding the sum of $5,000.00 shall be awarded to the lowest responsible bidder
after the advertisement for bids therefore, and
WHEREAS, the Supervisor has presented two purchase orders'.of Lo Stack to this
Board for the payment of such furniture in. t e amount o 6, 629. 00, and
WHEREAS, this 'Board has refused to approve of said purchase orders for the
reason that the purchase contract for the same was not approved by this Board
as required by Subdivision 6 of Section 64 of the Town Law, and further that
the purchase. of said'furniture was not awarded to the lowest responsible bidder . .
as required by Section 103 of the General Municipal _Law, and
WHEREAS, the Town Attorney has advised the Town Board that by reason of
the failure of the Supervisor to comply with the afor..ementioned provisions of law,
that such contract for the purchase of said office furniture is null and void and
that it would be unlawful to approve the contract, and the claim submitted to
this 'Board pursuant thereto.
NOW, THEREFORE, 1T IS RESOLVED that the Supervisor be and he hereby is
directed to immediately take all necessary action to return said furniture to Lo
Stack, the vendor thereof.
SUPERVISOR MURPHY: Any other questions? (No response.)
26.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Justice Edwards. Noes: - Councilman Stoutenburgh, Supervisor
Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Do you want to act on the two Local Laws? (Board agrees
Number 27 is Local Law No. 3 in relation to the fees for the demoliton or relocation
of buildings. I offer that.
27. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, a proposed Local Law No. 3 - 1986 was introduced at a meeting of this
Board held on the 22nd day of April, 1986, and
WHEREAS, a public hearing was held thereon by this Board on the 20th day of May,
1986, at which time all interested persons were given an opportunity to be heard
thereon, now, therefore, be it
RESOLVED that Local Law No. 3 - 1986 be enacted as follows:
LOCAL LAW NO. 3 - 1986
A Local Law in relation to fees
for the demolition or relocation of buildings
BE .IT ENACTED by the Town Board of .the Town of Southold as follows:
MAY 20 1986 /� 7
(additions indicated by underline;,.,,Delet.ions_.;by. bracketsD `t
I. Section 100-141J(g) (fees) of the Code of the Town of Southold is amended
to read as follows:
(g) Demolition and/or removal and/or relocation of any building: [one
hundred dollars ($100.)] ten ($10.) dollars minimum, and ($.05) cents
for each square foot in-excess of three hundred (300) square feet of
floor area.
II. Thjs Local Law shall take effect upon its filing with the Secretary of State.
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 Local Law No. 4, which is 'in relation to
accessory Apartments in'existing dwellings.
28. Moved by Councilwoman Cochran, seconded by Councilman Penny,
WHEREAS, a proposed Local Law No. 4 - .1986 was introduced at a meeting of this
Board held on the 22nd day of April, 1986, and
WHEREAS, a public hearing was held thereon by this Board on the 20th day of
May, 1986, at which time all interested persons were given an opportunity to be
heard thereon, now, therefore, be it
RESOLVED that Local Law No. 4 - 1986 be enacted as follows:
LOCAL LAW NO. 4 - :1986'
A Local Law in relation to
Accessory Apartments in existing dwellings
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100-30B, Subsection (15) as added by Local Law No. 1 - '1986, is
amended by adding a new paragraph thereto to be paragraph (p) to read
as follows:
(p) Approval by the Suffolk County Department of Health Services of the
water supply and sewage disposal systems.
This Local Law shall take effect upon its filing with the Secretary of State.
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: Okay, that is the end of the prepared and added-on-to
agenda. At this time I'd like to ask any Town Board member if they have anything
further to say? George?
COUNCILMAN PENNY: Not at this time.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE: No, thank you.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: I left one thing out in the report which was
handed to me by the Suffolk County Department of Health Services, which 1
thought would be interesting to the public, and it 'has to do with the problems
of pesticides in our waters in the Town. They started testing our waters in....,
.1980, with 8,345 wells, and they found 13% of them--13.7% having problems.
Then they went through 1981, which they had 624 wells; 1982 - 2,054--this is
all the testing these people have done for us. 1983 - 4,000.wells. 1984 - 2, 843
wells. 1985 - 2,400 wells. 1986•- 188 wells,. with a. total of 20,578 wells they've
tested, of which 2,750 had aldicarb in them--this is 'the problem of temick, and
it comes to again about 13%. So you see we haven't changed too much through
the years. We're still right about in that 13% area.
SUPERVISOR MURPHY: Thank you, Paul. Jean?
COUNCILWOMAN COCHRAN: Nothing, thank you, Frank.
SUPERVISOR MURPHY: Ray?
JUSTICE EDWARDS: I'll take up the tail 'end here, Frank. Number one, the
barge, Saturday at 11:00 o'clock, was moved from out in the Race '200 feet of
water into approximately 50 feet of water. I'd say about 1,000 yards off shore.
In the back of the room on your way out there's an excellent aerial photograph
of the operation that a local photographer took and was lucky enough to get one
to bring over here for this evening. Secondly, this week the four gentlemen that
have permission to do some archealogical exploration on the Island--there's four
indian "digs" that they're going after and I can't wait 'to get back to see how
they've progressed. There's very interesting areas that they're going into.
Last evening there was an excellent meeting at the Chamber of Commerce down
�+ v
MAY 20 , 1986
in Greenport and there was a talk given by a chemical engineer for Suffolk
County Water Authority, and he' really had some good information and I'm sorry
that there were not more people from the Town involved in that. He really had
some good answers. I guess that's it, Frank. Thank you. -
SUPERVISOR MURPHY: Thank you, Ray. Okay, at this time I would like to ask
anyone, in the, audience if 'they would like to address the Town Board on any matter
at all? Jeanne? Please identify your self too.
JEANNE MARRINER, President of the League of Women Voters: Members of the
Town Board. _The League continues to be concerned about the rights, health
and welfare of the citizens of Southold Town and the loss of local control of
our water supply. We, therefore, are presenting some petitions signed by
Southold taxpayers urging the Town Board to rescind the May 6th resolution
which turned over control of the Town's water si,nnly tn tho si e ffop, C
-._,
Water Authority. The petitions contain over 350 signatures and there are more
to fllow. The League's action this 'evening is based on our national 'position on
Governemnt which states in brief: "Good government depends upon the informed
and active participation of its citizens at all levels of government. Governmental
bodies must protect the citizen's right to know by holding open meetings and
giving adequate notice of proposed actions. Government at all levels, must be
accountable and accessible to its citizens." The League asks that the Southold
Town Board respect and protect the rights of all the citizens of Southold Town
by taking the following action; (1) Rescind the May 6, 1986 Resolution No. 2.
(2) Schedule a series of informational meetings, open to the public and well-
publicized, on the water issue. (3) Gather information from other towns and
independent experts who have had experience with the Suffolk County Water
Authority. (4) Weigh all the evidence carefully and then make an informed
decision. (5) On all other critical issues in: the future, give adequate notice
of impending decisions and ask for citizen input and outside expertise., both
pro and con before making decisions. Thank you. (Mrs. Marriner presented
the following petition containing 323 signatures: -"Taxpayers' request to rescind
'the resolution of May 6, 1986. regarding the Suffolk County Water Authority.
To the Town Board of the Town of Southold: Concerned about the loss of local
control over our Southold Town water supply, we, the undersigned taxpayers of
the Town, urge that you rescind the Resolution #2 adopted on May 6, 1986, which
would give the Suffolk County Water Authority control over all new water systems
to be constructed in the Town of Southold. Because our groundwater systems are
our most precious natural resource, and the most vulnerable to abuse or misuse,
we blieve tha a more thorough investigation of various water systems management
techniques is vital, before a final decision is 'made by the Town Board on a matter
which could ultimately affect the health and welfare of all Southold Town residents."
SUPERVISOR MURPHY: Thank you. Okay, is 'there anyone else would like to
address the Town Board? Ed?
EDWARD SIEGMANN, Mattituck: Mr. Chairman and members, I'm here to make a
request for the people living in the area of the Norris condominium situation, but
before I do that I would be remiss not to say that I appreciate the change you've
made with the resolution where a person would be able to be heard from now on
before you vote on whether you're going to go ahead with something or not. The
people in that area are asking you to call a recess to the meetings that are taking
place with the Planning Board and for you to reconsider the possibility of enforcing
your Master Plan in the area where these condominiums are supposed to be built,
and I'd like to give you our reasons why we're asking you 'to do that. Let me read
this 'paragraph to your "While stability and regularity are undoubtedly essential to
the operation of zoning plans, zoning is by no means static. Changed or changing
conditions call for changed plans, and persons who own property in a particuiar
zone or use district enjoy no eternally vested right to that classification if the
public interest demands otherwise. Accordingly, the power of a (town) to amend
its basic zoning ordinance in such a -way as reasonably to promote the general
welfare cannot be questioned. Just as clearly, decision as to how a community
shall be zoned or rezoned, as to how various properties shall be classified or
reclassified, rests with the local legislative body; its judgment and determination
will be conclusive, beyond interference from the courts, unless shown to be arbitrary,
and the burden of establishing such arbitrariness is imposed upon him who asserts
it." Now, do you know where this comes from? This is the judge's opinion that
gave the "M" _zone 13 years ago to the Norris property. Now if the courts at that
time could uphold the fact and say that there were reasons to change this from
the type of zone it was before to an "M" zone, then I can't see why after a 13
year period, and you people have made 'a study down there and found nut that
this should be a two-acre zoning area, that you people shouldn't have the right
at this time to consider enforcing your two-acre zone. Now, let me add one more
thing to it. Mr. Norris, when he sold his property to Richard Carr, he entered
into two covenants. One of those covenants is stating that the other piece of
property that Mr. Norris owns, that if there are 25 units built on that property--
and I think it's about 48 acres, that the houses that are built there have a right
MAY 20 , 1986 - 6 9
to tie into the water system and the, se-wage disposal plant that's going to be built'
by Mr. Carr. That's the first covenant'he' entered into. The second one that
they entered into is that if that 25 houses that would be built, if they select not
to tie 'in to Mr. Carr's project, they have said that there will be no right by the
people who build those 25 houses to build any kind of a water purification or water
supply, or a sanitary system that would affect-the--plants that Carr puts in now.
Now, if Mr. Carr has the right to sign these covenants with Mr. Norris 'when he
sells the property, he's worried about the same things that we are. He doesn't
want somebody to come along and put something over there some day that's going
to affect his *water supply for the: 95 condominiums that he wants to build. We
don't have anybody that we can sign covenants with--I'm talking about the people
that live over there now, the only ones that we have is you. people to turn to and
say, now give us the protection that Mr. Carr is saying he wants if -anything is
built on that other piece of property. And I think you should take a- good look
at tnis, 'because in '13 years you people are the ones that convinced us in that
area that there is a problem with water in that area, and why you cannot enforce
your two-acre zoning at this time, the people over in that area cannot understand,
and they're asking you to do that. Thank you.
SUPERVISOR MURPHY: Thank you, Ed. Okay, is there anyone else who would
like to address the Town Board?
DIANE BERGMANN: I'd just like to say two things. One, it's very nice everybody
could have a say before a resolution. I think that's fantastic. And number two, I'd
like to second what Jeanne Marrin6r said about the Water Authority. Thank you.
SUPERVISOR MURPHY: Thank you. Anyone else like speak? Phil?
PH IL BARTH : I want to back up what Jeanne Marrinbr had to say. I just want
to point out that when the Supervisor and Paul and Jean went to visit the County--
not the Supervisor, but the--
SUPERVISOR MURPHY: Presiding Officere',
MR. BARTH : ---Presiding Officer Blass, they were Very, very happy at the
cooperation between local governments, and I think that the same courtesy should
happen here, because`it 'was a shame to sit here to see the way the Village of
Greenport was treated by this 'Board and it 'was a very uncooperative feeling
that I got sitting here and listening to what was going on, and I think that that
spirit of cooperation ought to be between Greenport and the Town of Southold,
and Greenport should have the opportunity to meet with the Town Board and tell
the Town Board what they feel should be done with our water.
SUPERVISOR MURPHY: Thank you,' sir: Is there anyone else would like to address
the Town Board?
MARGARET SKABRY, Henry'sLane, Peconic: The b tq event, having a chance to
say something about resolutions, is .great. If you're.,.at the Work Session in the
morning so we know what the heck you're talking about until we read it on the
paper we don't know. When you're giving us the chance to respond* to what's
in these resolutions, if maybe you. could run through and give a break down first
for those of us in the back of the room, of what's being voted on, it might help,
rather than just sitting there and saying that you will have the right. You know,
if you're in a certain sequence of order, how do you get in that order? That's
why I was sitting back there and reading 7 and 8, trying to figure it out. You're
saying we have a right to comment on it,' and I didn't know what the heck they
were.
SUPERVISOR MURPHY: We try to explain them as much as possible when we list
them on the sheet.
MRS. SKABRY: It's still* not clear.
SUPERVISOR MURPHY: But there again,', ask at that time. We'd be happy to.
We'll try to---if 'you don't understand.
COUNCILMAN SCHONbEBARE: That would be part of your five minutes, actually.
Come up and say what is number 7, or what is number 8.
MRS. SKABRY: Oh, everyladdy's getting limited to five minutes. That's good-.
Okay. I probably have about three and a half left, so here we go. On the radio
today while you were really busy down here with your Work Session, I was home
without my housekeeper cleaning my house naturally, and I had the radio on, a
local station, and they had this little bit of information on that said'the County
Water Authority is going through with it's 12-21% increase. It's needed to extend
470 MAY 20 , 1986
the coverage to areas which have wells that are contaminated, such as Rocky Point,
and replacement of antiquated systems. The increase would be around $16.00 perms
year per household, and it would range from about $140 to $156 per year per house-
hold at this point'. Doesn't sound like much. We only pay $4.00 for a dump sticker
and stuff and we can get to go to the beach too. But that's just a start. Now,
people in Rocky Point have just been found to have problems through zoning.
People up further have been found to have trouble from gas station tanks. Now,
sooner or later the price will have to come in' here and will have to be paid for
by all of us, and they're going to have to take water from here, and though we
may promise not to infringe on anybody's water that they have right now, like
my well and Greenport's water system, there are no flood gates below the ground
that cut off and say, this is Greenport's district at this aquifer, and what is
affecting one area is 'going to affect us. They're going to get the water from
out here sooner or later. Whose backyard are they going to take it from? Whose
iive;I : ifYA-iUSe iai% Yi V �l i�vii�:i L.r, vi Yr`u�� Ni vNGi"iy i"i: -they yang t� y.
from? Think about it before you go into it. Also, you can promise until the cows
come home that the zoning board will hold on to its own,. and they're having problems
right now with your zoning and you can't enforce it.' Future boards may not be
so anxious to enforce it. You will_ have problems with zoning. Your water will
control your growth no matter what some people would care to believe. You're
going to have a problem and then you're going to have your sewage dumped into
your drinking systems. Think about it: Please give yourselves more time. Go
back, discuss it with Greenport. Discuss it with the people in the your town.
Okay? Please be more cooperate with the people. Thank you.
SUPERVISOR MURPHY: Thank you.. I would just like to correct a statement you
made. The rate increase is not for water main extensions, it's operating.
MRS. SKABRY-- No, that's not what I said..
SUPERVISOR MURPHY: I thought you said` it was to extend water to Rocky Point.
MRS. SKABRY: No, to replace antiquated systems (unintelligable--Mrs. Skabry
moved away from the microphone to the rear of the room)
SUPERVISOR MURPHY: It's not true. The Town's going to have to pay for
A•r1yone else like to address the, Town Board.
COUNCILMAN SCHONDEBARE: Town's going to have to pay for what?
SUPERVISOR MURPHY: Extension of the pipe.
COUNCILMAN PENNY: The Town doesn't pay for anything, Frank.
HERODOTOS DAMIANOS: Excuse me, I would like to address the Town Board.
Mr. Supervisor, gentlemen. I reside here in Southold. I'm a property owner in
Southold. I own_ homes and I also own vineyards.. this afternoon I received a
very distressing telephone call, and my comment today is one only of information.
The telephone call was from our illustrious newspape-r, Newsday, who apparently
had a very good story on the -basis of what perhaps had transpired in your work
session or some session here this afternoon. The person who called me informed
me that she was the bearer of bad tidings, and I told her [ 'was used--to this, -
and she explained to me that at a Town Board meeting--whether it be a Town Board,
or whatever--that an edict was passed that the vineyard, called Pindar Vineyards,
is (a) in default, (b) operating illegally, and (c) was mandated, according to the
Newsday reporter, that the vineyard would be closed tomorrow. I'm certain that
that very, very long pause was one of great contemplation and also of great -
concern. I as a taxpayer here in Southold, and as a resident here in Southold, 411=`
unfortunately had to hear, if 'this be so, the news from a Newsday reporter. My
point of information, gentlemen, is -if a resolution was mandated at that time, is it.
not proper for a governing body to (a) inform the person involved, (b) give the
person an opportunity to face whatever decision there is An in .the democratic system
that we have here? Now, I'm not certain•and.so- therefore I make no comment_5`,
either positive or negative regarding whatever governing body had made that
information or disclosed that 'information to the press, and I ask you, as a citizen
of this community, whether a Newsday reporter has reported accurately, or
inaccurately, and I ask you, Mr. Murphy, whether this be true?
SUPERVISOR MURPHY: I believe it is true. I would probably suggest that you
talk �o the Town Attorney.
DR. 'DAMIANOS: May I ask on how this was predicated?
SUPERVISOR MURPHY: On various complaints about an affair that was held. last
Saturday, and one that's anticipated to be held this coming Saturday.
DR. DAMIANOS: And this affair last Saturday, which is a charitable affair, the
organ' the American University -Women, a resuccess,. bring culture
MAY 20 , 1986 4 7 1
to the North Fork of Long Island, had .a showing which blends classically wineries / 1
and art and that was a complaint? Correct;,:sir. I will address that complaint.
And a forthcoming event which blends, of course once again, the arts with the
winery that is not yet to be, and is that, sir, the basis of the decision? Was that
the reason for that decision? To mandate that the winery would be closed?
SUPERVISOR MURPHY: Bob, would you like to address and answer?
TOWN ATTORNEY TASKER: Well, I think in fairness, Mr. Supervisor, you must
advise the Doctor that no action whatsoever was taken by this Board, and don't
lay it on to me.
SUPERVISOR MURPHY: Except to notify the----
T0111N ATTORNEY TASKER: 1 think +h + lou sh....l.J h.. nsl;d. _. _4
him' what happened. You had a meeting with your Building Inspector and you
reviewed with him questions of whether or not that property was complying with
the various provisions of the Zoning Code, and it was concluded that possibly
there were a few violations and you asked the Building Inspector to go down to
the place tomorrow and I presume they're going to meet with you tomorrow, Doctor.
DR. DAMIANOS: No, sir, 1 have a meeting with Mr. Murphy at 9:00 o'clock Friday
morning to discuss whatever problems there might be'.
TOWN ATTORNEY TASKER: Well, we were unaware of that.
SUPERVISOR MURPHY: It was set up by Curt Horton.
TOWN ATTORNEY TASKER: When?
SUPERVISOR MURPHY: Today.
DR. DAMIANOS: The arrangement was set up not today, sir. The arrange, Mr.
Murphy, or whoever made the arrangement----
SUPERVISOR MURPHY: I didn't make the arrangement.
DR. DAMIANOS: ---representing your office, whoever made the representation---
SUPERVISOR MURPHY: The Code Enforcement Officer.
DR. DAMIANOS: It was on approximately, I believe, Tuesday, and it was set up
for--I have an appointment with you at' 9:00 o'clock.
SUPERVISOR MURPHY: I heard about it today.
DR. DAMIANOS: I see. Thank you.
TOWN ATTORNEY TASKER: When was this made?
DR. DAMIANOS: On Tuesday, sir.
TOWN ATTORNEY TASKER: Today is Tuesday.
DR. DAMIANOS: I'm sorry, Monday.
SUPERVISOR MURPHY: Curt Horton made it yesterday.
COUNCILWOMAN COCHRAN: Curt made an appointment for you and the gentleman
to meet?
SUPERVISOR MURPHY: With the Town Attorney and Victor Lessard.
DR. DAMIANOS: The issue with the winery, for our guests here and fellow
citizens of Southold, is simply this' According to law a winery can operate as
a farm winery, establishing, using their products in order to make wine and for
the sale of wine. The Town of Southold very nicely has been making inquiries
as to the new industry which is coming forth here on the North Fork of Long
Island, and how the Town will deal with some of the ordinances which are necessary.
We have been, as a group, cooperative. We have made suggestions. We have been
willing, as a group, or as individuals--and I met last Thursday with your Economic
Council here at the Town Board for approximately two and one half hours, discussing
the industry in general, and in specifics. Now, the law clearly states that according--
according that the winery may be used as a farm winery and subject to local laws.
We in' Southold don't have local laws regarding wineries. These are the things that
we have to do---
TOWN ATTORNEY TASKER: We do have, Doctor.
4 7 2 MAY 20 , 1986
DR. DAMIANOS: We were requested, late last year, to submit a site plan. The
site plan would show the winery. Which we did. We submitted the site plan to
the Town. We were then requested upon submitting that site plan that we would
now like to know where the, parking would be. And so therefore we're in, the
process of marking in our parking on an off-site premises. Then we were informed
we would like to see your. landscaping. I have landscaping plans, which I will:
submit to you on Saturday. We were asked again what type of lighting is necessary?
We complied with that: Also asked about a sign. 1 have a sign and it is according
to code--Southold Code--which I will present. We were asked about UL. Do we have
a UL rating in the winery? Yes, we do have that. We have a temporary UL rating
ector is 'coming down tomorrow to finish his
which is good for five years. Our insp
inspection of the premises so that we will have the permanent UL rating. We've
abided, or attempted to abide by every rule and regulation. We have felt that we
would like to cooperate with the members here and they have been, up until today,
extremely cooper-alive. i. _: h:r i�"= h.,nn a warm one. a cordial one, and
one, of courses, that's looking for the future of the North Fork of Long Island.
My .250 or 300 acres is not 300 acres of condominium. It's 300 acres of agriculture,
and a very fine, fine way! for the fork to remain the way we all want it to remain.
But I wonder sometimes that should those vines be bulldozed that would it be
easier to have nose to nose condominiums-, if that was where we were coming
from. Well, we're not coming from there. A vineyard is an,-intense capital
investment. Highly intense. The break-even point here at Pindar will` not
reach that for at least another two years. That's .seven years of�heavy capital
investment. I paid taxes on that land. I paid taxes on those homes, and
gladly do so for the services that the Town provides. I feel hurt, disappointed,
and somewhat angry. The latter is 'abating. 1 thank you for your listening to
me, and we will handle the problem of the closing of the winery tomorrow, which
should, I am certain; have a ripple effect on every vineyard *here on Long Island,
and every winery on Long Island, or any one person that would like to spend
$12,000 for an acre of agricultural land and put his life savings into making a
vineyard. I think they will have second thoughts about making that kind of an
investment. I thank you .for your. time.
COUNCILMAN SCHONDEBARE : Doctor, if,.. l could respond toyou for just a minute.
You come here to address the Board, an& very nicely I might add, based on what
would call pure hearsay from some Newsday. reporter, who imparts to you certain
information and you assume, before you come in, it .to be true. Basically we had
a work sesson. today. There are .no resolutions or anything-passed at a work
session. They were passed up here on the dais in the evenings. We received
complaints that Pindar was operating outside of the Code of the Town of Southold
on zoning. We had a discussion with regards to that matter. The Building
Inspectors were instructed by the Town Board to enforce the Code of the Town
of Southold. -No more, no less.
DR. DAMIANOS: Mr. Schondebare---
COUNCILMAN SCHONDEBARE: That's .it.
DR. DAMIANOS: --thank you for a very candid explanation, but I wonder where
that Newsday reporter got that story, because tomorrow when you open up Newsday
it may not be quite the way you say it 'is.' sir:
COUNCILMAN SCHONDEBARE: That, one,, does not surprise me, and two, you have
to realize our work sessions are open to the public 'and the newspapers are here from
the time we're here until the time 'we leave, and you are not the first one to get a
story from a newspaper reporter who runs out, gets to the phone and makes a phone
call and looks for your immediate reaction and publishes the story. We've had this
before.
DR. DAMIANOS: My phone never stopped ringing from 4:00 o'clock, and. it wasn't
the Newsday reporter. That was the first call. The Chamber of Commerce called
me. They were outraged. I can go down the line one after the other. I think
the community was outraged. I think they had the .feeling that we were being
"railroaded" . I told them that I did not think that this was so. I think that you
gentlemen are of high ethical ratings and I don't believe that to be so. However,
that is what the public opinion is at the present time, and there was '-a movement
to have 150 people here this evening and I felt that that was not proper, that we
should get the facts first. But I think that whatever the story is, it will ' be, in
my opinion, detrimental to the industry in general, and that is my opinion.
SUPERVISOR MURPHY: I'm sorry you feel that way, and I think the intention of
Mr. Horton was to have you come in and have this discussed, what the supposedly
Code violations were, and as Mr. Schondebare said, no resolutions were passed to
close your vineyard, and there was discussion on the operation that went on on
these two times. I think, and the Town Board has made- a commitment to the
wine industry in just tonight in funding and executing an agreement for the
economic study of the affects of the wine industry and exactly what affect it
will have out here. I think this 'is how'the Town Board is very much in favor
MAY 20 , 1986 473
of grape growing, wine industry, 'andliow all of us can best work together to
have a good industry out here. I agree with you grapes are far better than
condominiums and nobody's out to close you.
DR. DAMIANOS: We're aware of some of the necessary documents that have to
be brought here. The documents are here. The problem is is that every time
we bring a document down we're asked to do something else with that document,
and I don't mind doing that. I have no problem. If you want landscaping put
in on the site plans, I'll do you landscaping, but my God, give me a chance.
If you want now parking placed on the site plan--you've had the site plan down
here five: months ago. It was here. UL, etcetera. These are the things that
have just surfaced and we've addressed ourselves to those. Your inspector has
been very cooperative. He's been wonderful. He's come down. He's told us
what is necessary and we've tried to comply to the- best of our ability to do it
in the shortest possible time, and I do Know that there are many members oT ine
Board that feel that way, some may not, but some of our residents don't feel
that way. And as I said to the reporter, there are those people in the world
that if great Jesus Christ walked on the North Fork, would ask him for a walking
permit. You always have that, and I understand that, but to hear a few dissident
voices and not hear the call of the people to me is incredible. But I know that
that's government, and no one every said democracy was easy.
SUPERVISOR MURPHY: Again, 1 think the Town Board is doing everything in
its power to try to work and help support the grape industry. Any other
comments? Mr. Behr?
WILLIAM BEHR, Chamber of Commerce: Point of information. I thought I would
be here this afternoon, but unfortunately I had a problem with LILCO, and just
a point of informatin. . Would you tell me exactly what action was taken against
Pindar, if 'any?
SUPERVISOR MURPHY: Nothing was.
COUNCILMAN SCHONDEBARE: Bill, you know we can't pass resolutions---
MR. BEHR: I know that, but I want the Doctor ta, understand that.
SUPERVISOR MURPHY: No action was taken.
COUNCILMAN SCHONDEBARE: We told Victor and Curt to go out and. enforce.
the laws of the Town 'of Southold. Period.
MR. BEHR: Okay. Very good. Obviously this 'was brought up because of
possibly a recent event and I' would like to comment on that' personally, and
unfortunately my wife was involved in it as a co-chairman for the AUW, but
the people here in the AUW, as well as the Chamber of Commerce, and a lot
of other people, thought that the North Fork would enjoy some nice art. That
it had matured to the level of enjoying nice art. These ladies, and there are
many of them, worked very diligently with Judy Wines from the East End Arts
Council to get together a bunch of lady artists, because it was ladies month in
May, and had them juried by very fine people, including a reviewer from The
New York Times, and out of the some odd 180 paintings that they received and
pieces of art, sculpture, what not, they ended up with 60 some odd paintings,
and they were looking for a place to have this 'display, and the dear Doctor, has
a very nice facility. One of the very few that could accomodate a group of people
in a fund raising activity for people here--for young students interested in art on
the North Fork. These ladies labored intensely and they were very successful and
they had a very fine turn out, and very fortunately the weather was nice. They
say it was crowded there. I know exactly the number of people. There were
seven hundred people. They all weren't in one building. Yes, they were parked
outside on Route 25, and what's wrong with being parked on Route 25. When Joe
Sawicki gets married, shortly, they'll be parked out on his front road. Nobody's
ever complained about weddings, mother's days, and family outings. 1 thought
this was a great effort on the part of the ladies of the North Fork, and with the
cooperation of Dr. Damianos, who made his very fine presentation. I hope it's
one of many for the future. We really need it. Thank you very much.
COUNCILWOMAN COCHRAN : May I say something? I may have been at a different
meeting this morning. The event that took place last week was not discussed. It
was awareness of the fact that it had taken effect, Bill. I think it was very
successful. It was a fund raiser. I don't think any of us have any--we support
our non--profit groups and the fund raisings they do. If we had to pay all those
people a salary we'd be in poor shape as far as volunteers and getting things done
in this world. I think what brought it to the foe was the ad that's in the paper
for a series--it says series--Jazz Concerts being held from 9 to 5, in addition to
the radio ads. This brought focus. This is not being done by a non-profit group.
It's being held as a event by the winery, and that then developed into a discussion
.of how the wineries fit into the vineyard picture. What is the accessory use and
474 MAY 20 , 1986
so on and so forth. Bennie Orlowski did' come in. We did have Vic Lessard from
the Building Department, and it was further discussed and in my mind the conclusion
we reached was that the Building Department has been instructed to enforce Southold
Town Codes. That's my understanding. Now I may have been at another meeting.
MR. BEHR: I appreciate that. That clears the air.
COUNCILMAN SCHONDEBARE: That's what we told the Building Department, and
don't know what some Newsday reporter is running around saying.
MR. BEHR: I don't know really what the Code restriction on profit and non-profit.
Let me say we know it was a non-profit----
COUNCILWOMAN COCHRAN : I think that was just in general conversation, Bill.
-,-._ r_ .. al'_.. t!_ ' ---- - '---' '---- 1__1..1 A.- 1 .. ..rL...+ I :�:nk hvn.�'vh+ fecus to
I IlC IUI.� i.iul �.• � .7.r�...� :i.i�.. .,i�.�.1: .•�..�... . ... . ..��, ......� .. .... ...�..
was the upcoming events.
MR. BEHR: Okay. And the Doctor, I'm sure, will address that to comply with the
Code.
SUPERVISOR MURPHY': . I believe that's what Mr. Horton---Mr.. Horton set up the
meeting----
MR. BEHR: It's unfortunate. I guess we've had a little bit of publicity that
wasn't needed. Is that correct?
SUPERVISOR MURPHY: Correct.
DR. DAMIANOS: Thank you very much. I appreciate your .sympathy and support
regarding the Jazz Festival. It's called Vintage Jazz. Jazz players that we're
very fortunate to have come to the North Fork. of Long Island, instead of coming
to the South Fork of Long Island. These are Grammy Award, Emm_y Award winners.
They're world renown. We were able to get a group that normally charges $600 to
$1,000 a person to perform, because we promised them a great time on the North
Fork of Long Island. Although this 'is 'not a charitable organization, or a charitable
session, I consider it charitable, because our calculations is such that the cost of
these Emmy Award Jazz Band would cost Pindar Vineyards approximately $800 to
$1,000 out of pocket. It was meant primarily to bring a cultural event to the Nortl
Fork of Long Island. I've been working very, very hard with Long Island Philhart 'ic
think we should have some symphonies here. I think we should have outdoor mu.:� ..
1 ;think we should bring culture. There has to be a price--an admission price to pay
the cost of the musicians. If it's felt to be a commercial event and money making
event, well I think I could do better than having a`jazz concert to make money. If
that were an issue I would have been happy to discuss it with the Board. It's
classical in the industry, and perhaps we don't understand this, and perhaps when
we will understand it, that the grape wineries--the grape wineries of the world--
in Nappa, in Sinoma--I'm sure when your report comes back you will see that all
wineries sponsor some kind of cultural event. That Taylor Wine Company, in the
Finger Lakes, for years has promoted the_summertime._symphony series on their
property, outdoors, overlooking the vineyards, and.,having a wonderful symphonic
orchestra coming in'and playing beautiful music: If we're too premature, then
apologize. I apologize for my enthusiasm, for my love of the North Fork, and my
intrinsic desire to bring to our beautiful Long Island, art, culture and music:
had planned also a poetry session to feature some of our great poets here on Long'
Island. After all, when we think of When Lilacs Last In The Dooryard Bloom, it was
born right here in' Huntington. Why not have a session of 30 or 40 or. 50 person
session that can hear great poetry; that can see great art; that can hear great
music. Does culture stop?
COUNCILWOMAN COCHRAN: Sir, I don't think the point is whether or not--culture
isn't the point here. It's compliance with the zoning.
SUPERVISOR MURPHY: Well I think this is exactly .what he's trying to do is to
set up--Mr. Horton and 'Mr. Lessard--to set up with you to find how the both can
work together. If a winery needs some special laws, and if the Town Board'wants
to pass them, to change their code, to do certain things, fine. No one--absolutely
nobody has ever questioned your commitment to the Town of Southold; money interest;
whatever you would want to.
DR. DAMIANOS: My point really is that this is not a surreptitious thing. This is
standard in the industry--in the wine industry=-it'S standard. Well, I guess we have
to go slow.
SUPERVISOR MURPHY: And perhaps this is 'why it shows that we need this study
even more to address.these things.
COUNCILMAN PENNY:. Doctor, it's ironic that on the same day .that we approve an
$8,500 study for your industry, you get the word that we're trying to close you
MAY 20 , 1986 475
down. I think I learned something very"'imp6rtant when I attended the Association
of Towns meeting, and the idea that came out of code enforcement and zone enforce-
ment meetings was that enforcement was never made .to hurt the people that are
being forced into compliance, but. to get them to comply. The intention is not to
hurt you or to shut you down, but to rush along the compliance procedures so that
we can get back to work as usual, and I have never seen a malicious intent go out
of this Town Hall when it came to code enforcement or anybody being punished
severely for it. They've asked to address whatever problems that they've had and
then once they've been cleaned up, then it's always been forgotten. So I think
what happened is the word got out, and I'm. thoroughly disappointed that it was
not brought to the attention of the Board at the meeting today, that this meeting
was set up for Friday, because I'm sure that things would have been handled in
a much different manner, but we'll _address that at a different time.
DR. DAMIANOS: Mr. Penny, 1 thank you for your comment. I've sat on Town
Boards myself. I've sat on many boards and I understand the very difficult
problems that you people face, and I admire you. I would not like :your position.
It is true that it's .unfortunate that that particular piece of information, spurious
as it might seem, nevertheless we'll appear, on Friday. We are prepared, as before,
now and in' the future, to comply with every ordinance that the Town has. We will
show Mr. Murphy on Thursday that we have complied with all of these rules and
regulations and if there are any other ones, we only ask a little patience and we'll
comply with those as well. We'll do everything we possibly can as we have done
for the past six'years. Thank you..
COUNCILMAN STOUTENBURGH: Could I say one last thing?
DR. DAMIANOS: Yes, sir:
COUNCILMAN. STOUTENBURGH : I feel for ,you as far as having to hear this
information from a newspaper. As many problems in this world it's best to hear
it from somebody closer. I suggested that idea at that meeting today and it was
turned down. Perhaps we might have learned by now that people can be hurt
and maybe they will when something as big as this comes up I would hope that
we would be able to get to you before the newspaper does in the future, and
apologize for not following through on it.
DR. DAMIANOS: . Thank you very much. I appreciate it.
COUNCILWOMAN COCHRAN: Paul, will you clarify that please. What did you
suggest?
COUNCILMAN STOUTENBURGH: I suggested that we go ahead and tell the Pindar
Winery that we were going to go and visit 'them, and tell them that we would be
down to see them because of the problems that we had at this 'meeting, and .we
would hope that at that time it would be a little easier. I did not want this to
come exactly as it had come, from the newspaper. But I'm sorry it was not
followed through.
COUNCILWOMAN COC.HRAN: How can you apologize. They didn't hear it. It's
news to me.
SUPERVISOR MURPHY: Okay, is there anyone that would like to address the ,
Board.
MRS. BERGMANN: Just in relation to this. I have a little thing in common with
picking up Newsday and seeing an airport built on my property before anybody
knocked on my door. So I can relate to you and know what it's like to pick up
a paper before somebody tells you.
SUPERVISOR MURPHY: Thank you. Anyone else like to address the Town Board?
(No response.) If not, 1'd like a resolution 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: 10 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.
Judah T. Terry
Southold Town Cler