HomeMy WebLinkAboutTB-09/23/1986 165
SOUTHOLD TOWN BOARD
SEPTEMBER 23, 1986
WORK SESSION
Present : Supervisor Francis J. Murphy, Justice Raymond W. Edwards, Council=
man Paul Stoutenburgh, Councilwoman Jean W. Cochran, Councilman George L. Penny IV, .
Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker, Superintendent of High-
ways Raymond L. Jacobs. Absent: Councilman James A. Schondebare.
9:15 A.M. - Robert Webb, SEACOM, met with the Board to discuss publicizing the up-
coming vote at the General Election on November 4th, concerning a proposition authoriz-
ing the Town of Southold to establish, own and operate a public utility service system,
and acquire the distribution facilities of LILCO; and appropriating a maximum of
$23,555,000 for this purpose. Councilwoman Cochran will work with Mr. Webb to
prepare an educational flyer explaining the proposition.
9:30 A.M. - For discussion items: . (1) Possible 26 pay periods for.Southold Town pay-
roll (see resolution No. 18) - subject to CSEA and PBA approval. (2) Expiration of
terms of Self Evaluation Committee on November 8th. 'The Board unanimously agreed
to the reappointment of the present members, and directed the Town Clerk to advertise
for resumes (resolution No. 19) for one vacancy on the committee. (3) . Letter from
Troy Baydala requesting the Board of Ethics to meet and investigate the actions of
Trustee President Henry P. Smith with .respect to the application of Lewis Edson for
a Wetland Permit. The Board has received a letter from Mr. Smith stating he will with-
draw from the public hearing and discussions concerning the application. Town Attorney
Tasker explained that the purpose of the Board of Ethics is to advise employees and
officials directly, not to conduct investigations based upon charges from the public.
Mr. Smith's response to the,Town(Boards removes him from conflict in this matter.
9:50 A.M. - Executive Administrator Victor Lessard met with the Board to advise them
the Senior/Youth Center will be ready for occupancy shortly; the major repairs have
been completed. Mr. Lessard also discussed corrections to be made at the Scavenger
Waste Plant, and a meeting at the plant will be arranged with the Greenport Village
Board. Also discussed was the issuance of certificates of occupancy, and his need
for a part-time employee to conduct the necessary research to provide comprehensive
CO's as required by banks and attorneys for closing purposes.
10:05 A.M. - Frank Heroy, Lakeview Terrace Road_ Association, ,East Marion, met with
the Board to discuss an excavation project across Bay Avenue/Rabbitt Lane. He
presented photographs and a chronological outline of the events concerning. trenching
and the installation of pipes and cables, causing a diversionrof the drainage on -Bay
Avenue onto the:bridge_and siltation and debris to drain directly into Marion Lake.
Town Trustee President Henry Smith advised that a wetland waiver had been issued
for the project with the stipulation that the area be put back as closely as possible.
Superintendent of Highways Jacobs reviewed the events that transpired with respect
to the issuance of an Excavation Permit for the project and stated an inspection will
be made and if he is not satisfied with the rehabilitation of the area, he will keep the
bond money posted with respect to the permit 'and complete the project himself.
10:50 A.M. - Community Development fdministrator James McMahon met with the Board
to discuss the 7th Street Sewer Installation, which has been completed but the residents
have not been hooked up as the Village charge to the hook—up is $3,500 per resident.
Mr. McMahon said some of the residents are in an income bracket to warrant a free hook-
up through the housing rehabilitation program. Others, according to the Village, will
be permitted to pay for the hook-up over a five or ten year period. Arrangements will
ha marls to tha meat with tha Vi IlariP Roard to racnlva tha nrnhlam.
11 6 6 SEPTEMBER 23, 1986
11 :00 A.M. - Town Attorney Tasker reviewed his findings with respect to the collection
of Town taxes at local banks. He has received an opinion from the Division of Equal-
ization and Assessment which concludes that although a deputy of the Receiver of Taxes
may be appointed under the provisions of the Suffolk County Tax Act, the legal counsel
believes that the Receiver could appoint bank officers as clerks or assistants for the
purpose of collecting taxes. The Office of the State Comptroller does not share this
opinion. That office concludes that the Town could adopt a local law to create the office
of one or more Deputy Receiver of Taxes who could be officers of local banks and they
may collect taxes, however the Comptroller believes that only the bank officer that is in
fact appointed Deputy Receiver could handle the receipt of taxes. It cannot be handled
by other personnel in the bank. This would undoubtedly create a problem. This matter
will be held in abeyance for the present time.
11 : 15 A.M. - Michael Zweig met with the Board to make a formal presentation of his
Wine and Grape Industry Study. Mr. Zweig outlined his. findings with respect to the
potential economic impacts of the industry on the town, and his proposal that a twenty-
five acre agricultural zoning concept be adopted to preserve the Town's agricultural
resource and resist development pressures. Mr. Zweig concluded that the wine and
grape industry is viable in the Town and not a tax write-off. There are presently
752 acres in vineyards in Southold Town--963 in the County. (Mr. Zweig's report is
on file in the Town Clerk's Office.)
12: 10 A.M. - Garrett Strang, Architect, met with the .Board to review the bids received
on September 18th for the construction of the Dog Pound. At this second offering
there were no plumbing bids at all, as had been the case previously. To expedite
construction Mr. Strang recommended that the Board call for bids on the Kennel Area
only, which is one complete bid, so that construction will be completed before winter
sets in. The administration portion can be bid'separately at a later date. A new
bid opening date has been set for October 16th on the Kennel Area only.
12:40 P.M. - For Discussion items: (5) Letter from Szeptatowski Associates with
respect to Southold's .Local Waterfront Revitalization Program. A draft form letter
to local civicgroups and associations offering an opportunity to participate in the
program was reviewed. (6) Receipt of an estimate to replace the carpeting through-
out the Town Hall from Maren Enterprises, Inc.
12:50 P.M. - Recess for lunch.
2:00 P.M. - Work Session reconvened and the Board continued a review of For Discussio��
Items : (7) Dog Pound rebid- discussed with G. Strang at 12:10 P.M. (8) New applica-
tion from Brewer Yacht Yard at Greenport, Inc. for a Soil Removal Permit. The first
course of action on this application is the Environmental Review. The Board decided
to permit the NYS-DEC to,assume lead agency status as had been done with the prior
Brewer application, and a letter to this effect with be transmitted to Dennis Cole, DEC.
(9) Proposal for the establishment of an annual User Charge for the owners of each
unit within the Fishers Island Sewer District. Town Attorney Tasker advised the Board
that this charge should be established by a Local Law which is being prepared by the
engineer and will be available to the Town Board shortly.(. (10) Receipt of Civil Service
Lists of Eligibles for the positions of Account Clerk, Clerk Typist and Principal Building
Inspector. . The Account Clerk opening will'be posted for two weeks, after wish interviews
will be conducted. Interviews are being scheduled for Clerk Typist and Building Inspector
(11) Letter from Recreation Director Susan Fossett with respect to the use of the Town
Seal on senior citizen club stationery. Town Attorney Tasker advised the Board that this
has come up before and the Town Seal may not be used by these clubs which are private
entities. '
2:30 P.M. - Councilman Penny reported on a recent meeting with the DEC with respect
to erosion control at Kenny's Beach and West Mattituck Beach. He suggested that a
standing committee be created, and volunteer to chair the committee. It was agreed
that Councilwoman Cochran and Justice Edwards, representing Fishers Island, would
serve on the committee (see resolution No. 22) . Also discussed was (resolution No.
23, 24, 25) the creation of a Kenny's Beach Shoreline Erosion control Committee, and
the appointments to that committee.
3:00 P.M. - Helen Proud, representing the Orient Association, read a prepared statement
to the Board with respect to commercial expansion at the Orient Point ferry terminal site.
She stated that a 2-1/5 acre parcel owned by Betsy Latham, which was previously zoned
residential/agricultural, now appears on the proposed zoning map as marine business,
and has been purchased by a representative of Cross Sound Ferry. The Orient Associa-
tion requested that the parcel be redesignated residential/agricultural 'on the proposed
map. Orient residents Kathleen Latham and Gertrude Reeves reiterated this request,
and Town Planner David Emilita, also at this meeting, was instructed to correct the
designation to residential/agricultural. Mr. Emilita also reviewed with the Board four
other map changes which must be made before it can be presented for a public hearing.
4:00 P.M. - The Board, audited outstanding vouchers.
5:00 P.M. - Work Session adjourned.
SEPTEMBER 23, 1986 167
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held .on Tuesday, September_
23,- 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 : The first order of business is a resolution approving the
audit of the bills of September 23rd work session.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby are ordered paid: General
Fund Whole Town bills in the amount of $72,547. 92, General. Fund Part Town bills in
the amount of $49,926.76; Highway Department bills in the amount of $48, 666.91;
Fishers Island Ferry District bills in the amount of $17, 104. 37; Southold Wateewater
District bills in'the amount of $77.76; Southold Wastewater Treatment Plant bills in
the amount of $750. 00.
Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Stoutenburgh, Justice Edwards(,: Supervisor Murphy.i;Abstain" Councilmam Schondebare
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next .is 'a resolution approving the minutes of the regular
meeting of September 9th, •1986..
Moved by Councilman Stoutenburgh, seconded by Justice. Edwards, it was
RESOLVED that the minutes of the Regular Town Board Meeting held on September 9,
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 : Next is a resolution approving the minutes of the special
meeting of September 15th, 1986,
Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the minutes of the Special Town Board Meeting held on September 15,
1986, be and hereby are approved.
Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Justice Edwardsi,c Siaperijtisor Murphy. Abstain: Councilman Stoutenburgh
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Next is a resolution setting October 7th, 1986, at 7:30 P.M. ,
Southold Town Hall as the date and time of our next meeting.
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the next Regular Meeting of the Southold Town Board will be held at
7:30 P.M. , Tuesday, October 7, .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.
168 SEPTEMBER 23, 1986
SUPERVISOR MURPHY: Okay, we'll depart from our regular meeting at this point
as we.have two very special proclamations. One is on the 4-H Program, and we have
some very nice young ladies here who are part of the 4-H Program in Mattituck, and
we're very happy you took the time out from your studies in school to come down here
on such a nasty night sand we have a real special proclamation for you tonight. And
not only just you. girls, but the entire 4-H Project in Southold Town, which is a very
large group and very important group, and one that does an awful lot of good and
certainly I hope you girls are going to be the leaders of the future a few years from
now. So, I'd .like to read the proclamation and then present it to your troop. Do
you girls all want to stand up here in the front':and I'll come down with you.
Moved by Supervisor Murphy, seconded by the Entire Town Board,
WHEREAS, the 4-H program of Cooperative Extension since its beginning 65 years ago
has contributed much to the health and welfare of the Nation and has encouraged many
yougn people to choose careers which help improve family and community living; and
WHEREAS, during this week 4-H members, leaders and families will observe National
4-H Week with the theme: "4-H for-Youth for America"; and
WHEREAS, 4-H members put into practice the skills and science they learn as they
develop their talents through 4-H projects and strive to "learn. for living"; and
WHEREAS, in these changing times young people, who are the citizens of tomorrow,
must discover and acquire the virtues of responsibility, thoughtfulness, morality and
understanding; and
WHEREAS, the more than 500 volunteer adult 4-H leaders are organizing their 4-H Clubs
for the 1986-87 year, many others are organizing clubs for the first time; and
WHEREAS, the more than 118,000 boys and girls participating in 4-H programs through-
out Suffolk County soon will be taking their places in society by establishing homes of
their own and joining the ranks of community leaders; and
WHEREAS, 1986-87 is the celebration of the 50th Anniversary of 4-H in Suffolk County;
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold in recognition of the fine
achievements of 4-H members and their families do hereby proclaim the week of October
5-11 , 1986 as NATIONAL 4-H WEEK in the Town of Southold.
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 : Girls, I realize you're not fifty years old, but maybe you
want to tell us about your 4-H club. This is your first year or second? (Second year.
And what do you do for your projects? (Leader.: 'Do. you want to show them your
banner?) (Supervisor, Murphy introduced the members of the Town Board.) (4-H
members identifed themselves : Holly Koch, Jackie Dunn, Elizabeth Kujawski, Leanne
Kostanzo, Katherine Koch.) Okay, who would like to accept the proclamation? Okay,
and how about if we give it to Mrs. Kujawski to hold. Thank you, girls, for coming
out tonight. It was very nice having you here. Good-bye and congratulations and
keep up the good work, and thank you for the nice gift.
Okay, there is one other special proclamation and I'll read it.
Moved by Supervisor Murphy, seconded by the Entire Town Board,
WHEREAS, Greenport High School shall be forever grateful to DORRIE JACKSON for
the 30 years he dedicated to their sports programs; and
WHEREAS, DORRIE JACKSON played a major role in the development of the youth of
Greenport High School, instructing them in many phases of physical education, and
instilling in them the mental discipline necessary to compete both on the field and in
life; and
WHEREAS, under the leadership of DORRIE JACKSON, Greenport High School football
rose in the ranks of small town schools to become a serious opponent to larger schools
in and out of Suffolk County, and to amass an amazing record of victories, bringing
respect and tradition to East End football; and
WHEREAS, on this day, September 27, 1986, DORRIE JACKSON FIELD is being re-
dedicated in honor and memory of one of the greatest coaches in the history of Greenport
High School; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold, in admiration of an outstandi
compassionate individual, and. in respect to his memory, hereby proclaims Saturday,
SEPTEMBER 27, 1986 as DORRIE JACKSON DAY int he Town of Southold, and urges the
citizens of Southold Town to reflect upon the legacy which has been left to us by a
dedicated, caring individual, DORRIE JACKSON.
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 : I have a family wedding and I will not be able to be there, but
Paul Stoutenburgh, who taught and worked with Dorrie Jackson for many years, said
he would be happy to make this proclamation on next Saturday. I would just like to,
I'm sure, echo the feelings of the entire Board, that I think everybody in Southold
Town admired Dorrie Jackson for the work he did and he certainly will be missed. He
was a fine person and an excellent coach and a person who cared for the youth of
Southold Town.
SEPTEMBER 23, 1986 169
COUNCILMAN STOUTEN-BURGH :. ,And ,may I,:..just add:to:.that, someone who worked
right along side of Dorrie. My classrooms were right along side of his and I don't
thank there was a more dedicated, more enthusiastic person for youth then Dorrie
Jackson, and everything on there is absolutely true. He was a great guy.
SUPERVISOR MURPHY,,: If anyone could be there on Saturday we would appreciate
it. It's the dedication ceremonies before the start of their Homecoming Game.
1. REPORTS.
SUPERVISOR MURPHY : Moving on to reports. They are on file in the Town Clerk's
Office for anyone to read.
I. Supervisor's monthly budget report - August.
2. Town Justice Price - monthly reports, July and August.
3. Fire Inspector Fisher - report for August.
4. Szepatowski Associates - monthly report for August.
5. Recreation Department - monthly report for August.
6. Town Justice Edwards - monthly report for August.
7. E. F. Kaldor, C.P.A., Yearly Audit of Southold Town Financial Statements
for year ending December 31, 1985.
8. Town Trustees - monthly report for August.
9. Fishers Island Ferry District - monthly reports, July and August.
10. Suffolk County Department of Labor, Economic Indicator Report, September.
11 I would like to ask any Councilmen if they have anything further to report,
starting over on my right with George.
COUNCILMAN PENNY : Yes, on the 19th I attended a meeting of the Police _Committee.
We conducted interviews which resulted in the hiring of two police officers, which we
did at a special meeting immediately thereafter. We have two young-officers, Alan
Czelatka and Jim Franke who are starting the Police Academy I believe it is this week
already. On the 15th also I conducted negotiations with the P.BA, which is going to
be an on-going thing for a while. On the 15th also I attended a meeting of the Planning
Board. . On the-15th we had a meeting with the DEC, which was set up in regards to
the Coastal Erosion Management Program. A representative from the DEC, Jean Gilman,
and John Croitz was there from Ken LaValle's office. Joe Sawicki was there, and we
had one of the lead men from the DEC came down from Albany, Bill Daly. We met in
West Mattituck Inlet, which is over by Captain Kidds. Met with them there at 9:00
o'clock and later at Kenny's Beach at 11 :00 o'clock. We're trying to work very closely
with the .people in the community and the DEC as how people are affected by this new
law which is coming down and we're going to follow up on that. ' On the 17th I stopped
by the Peconic building for a review of the work that's, being done there. The interior
completion is due tomorrow, which means that we should.be able to clean the building
up by the end of the: week and hopefully next week the Peconic Center will "be back in .
use again. On the 18th I sat down with Don Stanton on the Kenny's Beach Shoreline
Erosion Committee, and we put together some guidelines land recruited some personnel
to work with a Town-sponsored committee on that. The results of that will be in the
resolutions later. The 22nd I attended a Wage and Policy Committee meeting, which Jean
will probably report on. That's about it.
SUPERVISOR MURPHY : Thank you, George. Jay?
COUNCILMAN SCHONDEBARE: Yes, thank you, Frank. I attended the same Police
Committee George already reported on, and we also had a Commerce and Industry
Committee meeting, which is always very interesting. The booths are doing very well,
even on the weekends. Large number of cars are coming out to the Laurel Booth, and
tourism is obviously extending itself into the fall season. Thank you, Frank.
SUPERVISOR MURPHY : Thank you. Paul?
COUNCILMAN STOUTEN BURGH : I would like to report that I had a wonderful
vacation for ten days and.only was able to attend one meeting and I'm going to leave
that one to our good Councilwoman here on my left.
COUNCILWOMAN COCHRAN : We're glad you finally got some sailing in, Paul. On
the 15th I did attend the Planning Board meeting because I was very interested in
their beginning of the process, I would say, with the Costello property, and my
interest, of course, is there because it could possibly provide the Town with affordable
housing. On the 16th, along with George, I did attend the Coastal Erosion meetinq,
as George mentioned, up at Captain Kidds, and then we traveled on to Kenny's Road.
I felt it was a very positive step for the Town to take in giving support to the people
that live up there and I came away feeling quite confident that the DEC would consider
two out of three changes up there. On the 17th the Supervisor had given me the
assignment of reviewing Town properties. I met with Superintendent of Highways Ray
Jacobs and Jim McMahon from our Community Development Office, and we reviewed
all Town properties and came up with about eight or nine that we felt---we were able
to identify all but about eight or nine, and so we spent several hours again yesterday
1 7 0. SEPTEMBER 23, 1986
going out and checking on these pieces of property. We finished all but two, so we're
setting another meeting date to go out to finished up the two and then I will be giving _
a full report to the Board at the next meeting. On the 17th I attended the Commerce
and Industry_ meeting', of which Jay just reported on. On the 22nd I did have a Wade
and Po icy meeting for the purpose of trying to clarify a classification in relation to
overtime of one of our employees. We will'be meeting again to review some of his job
and responsibilities. On the 22nd also I chaired a Recreation meeting, which was with
our Recreation Director and our Counselor, Mary Ann Fleischmann, that's involved
with the JAB Program, for clarification of jobs and working the two together in relation
to recreation. Also at the recreation meeting we did discuss investigation of a possible
artificial skating rink'' for the young people this winter, and I'm continuing working on
that, hoping that we have some success. I think that's it, Frank.
SUPERVISOR MURPHY : Thank you, Jean. Ray?
JUSTICE EDWARDS: Also on September 15th I attended the interviewes for the new
Policemen-, and also the Planning Board meeting on the 15th, and although it was not
Town business, not this past weekend, but the weekend before, there were, I guess,
13 or 14 boat loads of Kiawanians that came over, including George Penny, from
Southold, and they had a "pig roast" over on Fishers Island at the American Legion,
and whenever the people from Long Island do show up on Fishers Island I'm usually
the unofficial tour guide hauling people here and there. It was a lot of fun. And
then last weekend Joe Townsend stopped in'on his way back from Block Island. He
was sailing through. Then today I was just notified that I believe it's the -Southold
Senior Citizens are coming over---
SUPERVISOR MURPHY: Southold-Peconic:
JUSTICE EDWARDS: Southold-Peconic on the 7th of October--coming to Fishers
Island for their annual fall visit, and although I'll be here at a Town Board meeting,
I think I can make arrangements for the senior citizens on the Islancfi to pick them
up at the boat and the American Legion will be open for them and a few of the stores,
and possibly the museum, so that they'll be able to spend a nice afternoon over there.
George didn't mention it, but this evening we sort of walked around the Dog Pound
down there at Peconic just to get an idea of what the operation needs and it needs a
lot. That's it, Frank, thank you.
SUPERVISOR MURPHY : Thank you, Ray. I just would make one comment on that.
It really is through the cooperation that the Southold-Peconic Senior Club can ao--
through _the cooperation of Fishers Island Ferry and Cross Sound Ferry that they're
making it available to these people. i would like to report that we had a Supervisor's .
Association meeting and Southold Town hosted it.' We had it in Pindar Vineyards, and
we invited all of our state legislators. All of the state senators and assemblymen. We
had a very high percentage for them attending. Normally--I think last year we had
Joe Sawicki and Ken LaValle as the only ones that attended. We had about 50-60% of
the legislators. It was a very interesting meeting. They took quite a beating from
the Supervisors on various phases of things they did not do that the towns wanted,
but it was a very good time. We had it down in Pindar purposely to show them the
wine industry out here and they were most impressed by the potential for this, by
the beauty of the area, and I think something definitely positive came out of the
meeting. They saw what we have here and I think maybe, hopefully they'll be a
little more receptive to assisting us in doing things that we want to do. We had quite
a battle with one from Smithtown, Bob Wertz. He seemed to be their spokesman, and
he had a few scars, as well as the supervisors had a few scars. But it was a good time
and I think they got the message. LI LCO is 'starting, and fairly soon the construction
will actually start on their underground cable from the subdivision in Greenport, going
over to Shelter Island, and hooking up with the South Shore in Sag Harbor. This is a
very important link in providing better electrical service for us. It's been a program
that's been about five or six years in the planning and permit process, and we're
getting close to the time when construction will start. Most all cables will be under-
ground and they've had- excellent cooperation from the towns and they've offered the
town Highway Superintendents in the three towns excellent cooperation, so it's a
program, I'm happy to say, that LILCO is doing an excellent job on in the East End
here. It's one that's most needed to make sure that we have an adequate supply of
dependable electricity. We also have a very important meeting with the DEC on
Thursday on the first' scoping session on a proposed 360 application permit process
to do something in our landfill. This is potentially our biggest expense in the future
and the biggest headache in the future. We sent out to the Town Board a study that
was done on Islip Town on just the impact of trucking garbage off the Island, and it
amounted to about a $750 increase per house just to do the trucking. None of the
other costs and all. This is on top of their regular tax bills, and it's going to be
devastating, and we have to .keep moving along. This is probably one of the most
important meetings that this Town Board will face in starting the process for whatever
method we go into and however we develop it, but we have to move ahead. Okay, we
did have another Farmland Development purchase this week. A very large parcel in
Mattituck up on the Sound near Bergen Avenue, and very happy and pleased that the
owners participated in this, in particular at this time where land values are so high
for development pressures. This is 'a commitment by the people that they came out
SEPTEMBER 23, 1986 171
here, bought this land for agriculture and they want to keep it in agriculture. We
had a very interesting discussion with Michael Zweig today on the grape study that
he did for the Town. It was a very, I think, a good discussion with him_ and the
Town Board and I think all of us learned a little from it and I think definitely the
study was worth while. Again, if anyone wants to read that study it is available to
be read in the Town Clerk's Office.
COUNCILMAN STOUTENBURGH : Do you think you could put some of those in the
libraries?
SUPERVISOR MURPHY : I think it might be a good idea, Paul. Yes. We'll see that
they get them. We have extra copies here. They'll be available in the,libraries in
the near future. Okay, also we finally, after many, many failures have gotten our
Scallop Program started. We.finally had to go to a hatchery up in Maine and last week
856, 000 tiny bug scallops--they told me the count was exact--came down packed in
little bags, and.we put them in special nets--growing nets in Montauk. We had the
.cooperation of the East Hampton Town Board, and they're over there growing -now.
We'll transplant -them after our waters clear up here, hopefully around the end of
October, early November, and hopefully this will provide the sperm for next year's
crop of scallop bugs, because from all indications there's absolutely nothing in the
East End .waters,: and it's a shame, and, hopefully this will'be a start of the come-back.
Also, we did a clam transplant of approximately 850 bushels. We might get another
450 bushels next week that we're transplanting into our waters to provide the sperm
for the future growth. We're trying to keep the fishing industry alive and well in
Town. It seems that Mother Nature is fighting us each year, but hopefully this
algae wi I I'stop.
If . PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to the second item on the agenda is Public Notices.
There's five of them. These are all posted on the Town Clerk's Bul+etin Board.
1. New York State Department of Environmental Conservation, Notice of Complete
Application of Charles W. Bowman, The Land Use Company, to subdivide a 7. 024 acre
lot into two lots and construct one family dwelling on each at the east side of Main Bay-
view Road, Southold. Comments by October 10, 1986.
• 2. New York State Department of Environmental Conservation, Notice of Public
Hearings on Proposed Amendments to 6NYCRR Part 42 of Title 6, Sanitary Control
Over Shellfish, October 6, 1986 at 1:00 P.M. and 7:00 P.M. , SUNY at Farmingdale.
3. New York State Department of Environmental Conservation, Notice of Complete
Application of LI LCO to lay 69 KV Cable system from its Southold substation to the Buell
substation in East Hampton. Route will follow existing highways and involve 3 submarine
crossings at Pipes Cove, Shelter Island Sound and Sag Harbor Cove. Comments by
october 10, 1986.
4(a) and 4(b) This is of particular interest. Probably the residents last chance
to talk to the Nuclear Regulatory Commission on licensing of Shoreham, and the local
hearing will be held in Riverhead on September 25th. There's information going out
on the radio. Anyone who's concerned about it, please attend. The information is
here in Town Hall also for anyone who is interested.
5. New York State Department of Environmental Conservation, Notice of Complete
Application of Alvah B. Goldsmith, Jr. to rehabilitate an existing marina area by replacing
161 ft. of deteriorating existing bulkhead, install 415 ft. of new timber bulkhead and dredg
1250 cu. yds. of sediments from a 415 ft. by 25 ft. area to a depth of 6 ft. below mean
low water and place dredged spoil landward of the bulkheads at Peconic Bay, immediately
south of Main Road, Greenport. Comments by October 10, 1986.
III . COMMUNICATIONS.
SUPERVISOR MURPHY: Moving on to the third item on the agenda is Communications.
1. From Dimension Cable Services on an upgrading of their system.
2. From Retired Senior Volunteer Program (RSVP) giving Southold Town, and
thanking Southold Town for their cooperation in their program. We've put the volunteers
through a tough time this year working out of their headquarters in the Senior/Youth
building to the point where they're so happy in the Police Department they don't want
to move now. So we're going to try to work something out with them. But they've
participated very well and the Police Department,, Highway Department, Sue Fossett,
my office, all helped work out their problems and we have an excellent program, and
they're doing a very fine service for the community.
IV. PUBLIC HEARINGS.
SUPERVISOR MURPHY : We have a few minutes before the public hearings, so we'll
move on to Resolutions.
V. RESOLUTIONS.
SUPERVISOR MURPHY : I would like to state a Town Policy that at this time anyone
who would like to address the Town Board on a proposed resolution only may do so
at this time. We will-allow time after for anyone who wants to address the Town Board
172 SEPTEMBER 23, 1986
on any other matter. ' We ask anyone who wants to address on a resolution, make any
comments whatsoever on a proposed resolution, to do so now and then we'll open up
the meeting after the, resolutions and the public hearings. So, does anyone like to
address the Town Board on a resolution?
BILL BEHR: I'd like) to address my comments to Resolution No. 1. Let me introduce
myself. I'm Bill Behr. I am representing the Chamber of Commerce of Greenport-
Southold. I'm also a,member of the Southold Town Economic Advisory Committee. For
those who are not aware of what this resolution is, it is a change of classification from
Multiple Zoning back to Agricultural on the 49 acres at Moores Lane, Greenport. This
has been a ping pong resolution. 1 thought it was all put to bed. The specific interest
of the Chamber of Commerce and the Economic Advisory Committee is this is the first
plan with some substance that has been presented to the Town for affordable housing
which we feel is very', key to the stabilization of the Town of Southold. I don't know
why it's back on again. I hear a lot of rumors why it is, and I would like to see it
finally disposed of in the interest of the people who are representing it and the people
who are interest in having affordable housing. . This has been on here several times
in the last several months. Thank you.
SUPERVISOR MURPHY : - Thank you. An else like to address the Town Board on
a proposed resolution? (No response.) If not, I'd like to move on to Resolution No. 1.
1. Moved by Councilman Schondebare, . seconded by Supervisor Murphy,
WHEREAS, the Town Board, pursuant to Section 100-150A of the Southold Town Code,
on its own motion, proposes to change the zoning classification from "M" Light Multiple
Residence District to "A" Residential and Agricultural District on the real property
located at the southeasterly corner.of County Route 48 and Moores Lane, Greenport,
comprising 49 acres, more or less of land, and shown on the Suffolk County Tax Map
as District 1000, Section 040, Block 5, Lot 1, said premises being more particularly
bounded and described as follows, to wit:
BEGINNING at the point of intersection of the easterly line of Moores Lane with
the southerly line of'Middle Road (County Route 48) , said point being the northwesterly
corner of the premises herein described; running thence along said southerly line of
Middle Road three courses : (1) North 66 degrees, 09 minutes, 10 seconds East 96.61
feet; thence (2) North 69 degrees, 02 minutes, 10 seconds East 985. 10 feet; thence
(3) North 71 degrees 28 minutes 20 seconds East 312.64 feet to the westerly line of a
subdivision known as "Fleetfield"; thence along said westerly line of "Fleetfield",
South 16 'degrees 01 minutes, 50 seconds East 1450. 11 feet to land of Village of
Greenport; thence along said land of Village of Greenport, two courses: (1) South 58
degrees, 15 minutes, 00 seconds West 714. 04 feet; thence (2) South 74 degrees, 45
minutes, 00 seconds West 670. 00 feet to said easterly line of Moores Lane; thence
along said easterly line of Moores Lane, North 17 degrees, 15 minutes, 00 seconds
West 1523.22 feet to the point of BEGINNING. Containing 48.7186 acres.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That pursuant to the provisions of Section 100-150B of the Southold Town
.Code the Town Clerk be and she hereby is directed to transmit a certified copy of
this resolution to the', Southold Town Planning Board, together with instructions to
said board to prepare an official report together with its recommendations, all pursuant
to said Code.
2. That the Town Clerk is hereby directed to transmit 'a certified copy of this
resolution to the Suffolk County Planning Commission, together with such maps,
documents and information as it may require, and request said Commission to make
written recommendations with respect thereto pursuant to the provisions of the Suffolk
County Charter,
SUPERVISOR MURPHY: Any questions? (No response.)
1.-Vote of the Town Board: Ayes : Councilman Schondebare, Councilman Stoutenburgh,
Supervisor Murphy. Noes : Councilman Penny, Councilwoman Cochran, Justice Edwards.
This resolution was declared LOST.
SUPERVISOR MURPHY: Number 2 is to authorize the Town Clerk to advertise for bids
2. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for separate bids for the following_ items for
fiscal year 1987:
1. Approximateily 160 half pints of Homogenized Pasteurized whole milk, delivered
daily for 250 days to the Southold Town Nutrition Center, St. Agnes Hall, Sixth Street,
Greenport, New Yorkl. I
2. Police Department Uniform Clothing.
3. Cleaning of�the Uniforms of the members of the Southold Town Police
Depa rtment. 1
4. Sale and removal of Scrap Paper from the Southold Town Landfill Site.
5. Sale and removal of Scrap Metal from the Southold Town Landfill Site.
6. Gasoline for the Town of Southold.
SEPTEMBER 23, 1986 173
7. Heating Fuel -Oil for the`Town''of'Soufliold `
8. Diesel Fuel for the Highway Department and Landfill Site.
2.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, it's now 8:00 o'clock. I'd like a resolution to recess
for the time it takes to hold the two public hearings that are scheduled.
Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that a recess be called at this 'time,8:00 P.M. , for the purpose of holding
the following public hearings:
8:00 P.M. - A proposed "Local Law in relation to stop and yield intersections
and parking of motor vehicles".
8:05 P.M. - A proposed "Local Law in' relation to the disposal of discarded vehicles
and discarded fuel tanks atlthe Town Refuse Disposal Area".
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: Pd .like to reopen our regular Town Board meeting and
return to resolutions, starting with resolution number 3 to execute an agreement.
3. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
]directs Supervisor Francis J. Murphy to execute an agreement between the County
of Suffolk and the Town of Southold for the 1986 grant in the amount of $179,000. 00
from the U. S. Department of. Housing and Urban Development under the 1984 Rental
Rehabilitation Program, for the rehabilitation of privately owned real property to be
used for primarily residential rental purposes.
SUPERVISOR MURPHY : Any questions? (No response.)
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 Town Clerk to advertise for
bids.
4. Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that-the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the sale by the Town of the Morbark
Super Beever Total Chiparvestor, with Blade Sharpener and spare parts; approximately
200 hours on the machine, minimum bid of $35,000. 00.
4.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy. No: Justice Edwards.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is to accept a resignation.
5. Moved by .Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret,
the resignation of Maryann Ludlow, Assistant Cook for the Southold Town Nutrition
Program, effective September 12, 1986.
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 another resignation in the Southold Town Senior
Day Care Center.
6. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret,
the resignation of Louise Macomber, Aide for the Southold Town Senior Adult Day Care
Center, effective August 15, 1986.
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 is to grant a salary increase to our new police
officers.
174
SEPTEMBER 23, 1986
7. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby-grants Police Officers
Vincent L. Tirelli, Jr. , Henry F. Santacroce, Jr. , and Edward Grathwohl their six
month salary increase from $7,500. 00 to $12,000. 00, effective October 8, 1986, all in
accordance with the recommendation of Chief of Police H. Daniel Winters.
7.-Vote of the Town Board : Ayes : Councilman Penny, Councilman Schondebare, Council-
man Stutenburgh, Justice Edwards, Supervisor Murphy. Abstain: Councilwoman Cochran.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 8 is to authorize the execution of a lease agreement.
8. Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a lease agreement between the
Town and the Greenport-Southold Chamber of. Commerce for a portion of the premises
located on the north side of NYS Route 25, west of the Village of Greenport, for the
location of a Tourist, Information Center thereon;.said Chamber to pay the cost of
any and all utilities on the premises and the cost of all maintenance expenses required
to maintain the premises in its present condition.
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.
SuPERVISORt!Nl'URPHY: Number 9 is to grant permission to the Highway Superintendent
to sell fill from_a sump we're digging.
9. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Commissioner of Public Works Raymond L. Jacobs, effective immediately and at his
discretion as he deems feasible, to cease the sale of sand from the Landfill Site,
Cutchogue, and commence the sale of sand from the Lower Road Sump Project site
at Southold.
9.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 10 is a trailer permit renewal.
0. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the application of Sophie T. Saunders for renewal of a single family
house trailer permit, for trailer located at the north side of Main Road, Laurel, New
York, which permit expires on October 7, 1986, be and .hereby is granted for a six
(6) month period.
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 authorize an agreement.
11. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
direct Supervisor Francis J. Murphy to execute an Amendatory Agreement to the
Waterfront Revitalization Program Development Agreement between the Town and
the New York State Department of:State to provide for an extension of the project
period, submission dates, payment requests, and project cost breakdown.
SUPERVISOR MURPHY: Okay, this has come about because we didn't have the
approval from the State on this Waterfront Revitalization Program that we applied
for and received the grant from our first contractor, and the contractor did pull
out and we have a new firm doing the grant and we just need more time.
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 transmit a proposed Local Law.
12. Moved by Councilman Penny, seconded by Supervisor Murphy,
WHEREAS, there has been presented to the Town Board of the Town of Southold a
proposed Local Law entitled, "A. Local Law in relation to affordable housing", now,
therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local Law to the Southold Town Planning Board and Suffolk
County Department of Planning in accordance with the Code of the Town of Southold
and the Suffolk County Charter. Said proposed Local Law reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets])
SEPTEMBER 23, 1986 175
I. Chapter .100 (Zoni:ng) , Article V°A, .Section,-,100-:55.7C(2) of the Code
of the Town of Southold is amended as follows:
(2) On land within an AHD District containing more than ten (10)
acres of land, [the number] not less than fifty (500) percent
of the dwelling units [and] and/or unimproved lots therein,
[to] shall be reserved for sale or lease to moderate income
families . [shall be as follows:
(a) Not less than ten (100) percent of the dwelling units
shall be reserved for lease to moderate income families.
(b) Not less than ten (100) percent of the dwelling units
shall be attached dwelling units reserved for sale to
- moderate income families.
(c) Not less than twenty (200) percent of the dwelling units
shall be one-family detached dwelling units reserved for
sale to moderate income families.
(d) Not less than ten (100) percent of the unimproved lots
therein shall be reserved for sale to moderate income
families.]
II. This local law shall take effect upon its filing with the Secretary of
State.
COUNCILMAN PENNY : This is a modification ito a Local Law because' we got a little
ahead of ourselves I feel and whereas we required 500 of the dwelling units on sub-
divisions or on projects of-more than ten acres of land. We're stick+ng with that, but
what we're removing is the further--our further recipe for affordable housing which
said "not less than 100 of the dwelling units shall be reserved for less. Not less than
10% of the dwelling units shall be attached. Not less than 20o shall be one family de-
tached, not less than 100 of the unimproved lots, and what we're saying now is we
would like the Planning Board and the developers to sit down and work out their own
mix, because the mix that we specified did'not work in'every case and this would give
a little more flexibility to a new law which is 'yet untested.
COUNCILMAN SCHONDEBARE: Now, we've gotten. into trouble sometimes by moving
along, having public hearings and then all of sudden we have egg on our .face. I'd
like to sit down with the Planning Board before I go along with this and have their
input on this 'one.
SUPERVISOR MURPHY : I could go that way.
COUNCILMAN PENNY: I have the blessing of the Planning Board. It's not written,
but I sat down with the Planning Board last Saturday for about an hour and a half
and this is 'in line with one of their original recommendations that this law was too
strict and I don't have the letter of transmittal from last spring on this, but they
said that they support this 'a hundred percent, and if we need it in writing---
SUPERVISOR MURPHY : Who's they?
COUNCILMAN PENNY: The Planning Board.
COUNCILMAN SCHONDEBARE: I think maybe we could have that and then have them
talk to us and make everybody happier.
COUNCILMAN STOUTENBURGH : George, what was the purpose of this again now?
COUNCILMAN PENNY:. To make it less restrictive. To give some flexibility to the law,
because not every developer wants to handle rentals. Not every developer wants to
build houses. Not every developer wants to leave land vacant. .
COUNCILMAN STOUTENBURGH : And why was it done then? It was done because
you didn't get any applicationis?
COUNCILMAN PENNY: It's being done on a recommendation of the Planning Board
from last spring and it's been brought to our attention through other conversations
that the law is very restrictive and we're trying--the end result is to get affordable
housing in the Town.
COUNCILMAN STOUTENBURGH : All right, now, if this doesn't work, what do we do?
COUNCILMAN PENNY: I've no idea, Paul.
COUNCILMAN STOUTENBURGH : That's what I'm concerned about. We just go ahead
and keep going and going on this thing.
176 SEPTEMBER 23, 1�986
JUSTICE -EDWARDS:! You've got to try something.
COUNCILWOMAN COCHRAN : May I say something? At the time that we worked on
this law, and serving as Chairman of that Committee, no one has heretofore in
Southold Town put forth a law in relation to affordable housing. When we did it we
knew it was- not 100o perfect, but you have to have something to start from, Paul,
and as we go along we find that this does not work, there's many, many things as
you go along you find does not work, you make changes. These changes are being
made, as George said, to broaden the 50 o so that can be deft with between the
developer and the Planning Board and I support this 'change.
COUNCILMAN STOUTENBURGH : But do you do it after just two months of trial,
that's my point. I would say if you had a year or so and.you got no bites on it I'd
say there would be some reason for this, but two months doesn't seem like a very
long time to give a law a chance to be understood and picked up and thought about.
by contractors. That's my point.
COUNCILWOMAN COCHRAN : Well, we sit there with the.Accessory Apartment law
and how many applications have we had? I mean it makes you question is it feasible
if one one's applying for these things? And I don't think it takes a year to realize
that there coull:d be a change for the better.•
SUPERVISOR MURPHY : I think, yes, I agree with you, Jean. I think it's to show our
intent that we're willing to work in some way. .
COUNCILWOMAN COCHRAN : And l think the Board has to.show that intent, and I think
the Board .has to build a line of communication and cooperation if we're going to see
affordable housing in Southold Town.
SUPERVISOR MURPHY: I don't know if we're ever going to get any-thing out of it. 1
hope we do, but---.
COUNCILWOMAN COCHRAN: But it takes cooperation from every area, Frank.
SUPERVISOR MURPHY: Yes, I agree.- Any other questions? Jay?
COUNCILMAN SCHONDEBARE : I still would like to talk to the Planning Board first
before 1 jump into this.
SUPERVISOR MURPHY: We have time.
COUNCILMAN SCHONDEBARE: Yes, that's what I say, there's no rush to it. I make
a motion to table this resolution.
Moved by Councilman Schondebare, seconded. by Councilman Stoutenburgh, it was
RESOLVED that Resolution No. 12 be and hereby is TABLED.
Vote of the Town Board : Ayes: Councilman Schondebare, Councilman Stoutenburgh,
Noes: Councilman Penny,, Counct1woman Cochran, Justice Edwards, Supervisor Murphy..
This resolution was declared LOST.
SUPERVISOR MURPHY : Okay, now we have a motion made and seconded that we'd like
to vote on now.
12.-.Vote of the Town Board n Ayes : Councilman Penny, Councilwoman Cochran, Justice
Edwards, Supervisor Murphy. Noes : Councilman Schondebare, Councilman Stoutenburgh.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Okay, Number 13 is to appoint aides to the Mini Respite
Program in Southold 'Town.
13. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Mary
Reichert and Angel Cordes as Aides for the Mini-Respite Program, effective immediately
10 hours per week, $4. 00 per.hour.
13.-Vote of the Town Board : Ayes : Councilman. Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED. _..
SUPERVISOR MURPHY: Number 14 is to appoint a part-time Purser for the Fishers
Island Ferry District:
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 engage the services
of William F. Henderson III as a part-time Purser, effective immediately, at a salary of
$7. 45 per hour.
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.
SEPTEMBER 23, 1986 177
SUPERVISOR MURPHY: Number 15 is to authorize the -Commissioners of the Fishers
Island Ferry District to advertise for bids for the replacement of dolphins.
JUSTICE EDWARDS: I'll read this one, Frank. I might add though that through the.
work of Mr. John Clavin over on the Island and his contacts up in Albany, there's a
possibility that the Department of Transportation :is going to help pay for the cost of
these dolphins.
15. 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 prepare specifications
and advertise for for the replacement of up to six (6) dolphins at the entrance
to Silver Eel Cove, Fishers Island, New York
15.-Vote of the Town Board': Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to authorize the placement of an ad by our
Rec Director.
16. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold.hereby authorizes Recreation
Director Susan Fossett to place an advertisement in The Long Island Traveler-Watchman
and The Suffolk Times, announcing the change of the Recreation Department telephone
number upon their return to the Senior/Youth Center; said charge to be made to
A7020. 4, Recreation Administration, contractual expenses.
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 authorize a transfer.
17. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it was .
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfer within the General Fund .Part. Town 1986 Budget:
From: B3120.4 - Police, Contractual $8,800. 00
Into: B3120.2 - Police, Equipment. $8,800. 00
to fulfill budgeted nieeds to make payment on armor vests and custom handheld radar;
billing to be presented for payment at the next Board meeting.
SUPERVISOR MURPHY : This 'came about .to have enough funds to pay:for the armor
vest we're supply all our Policemen, hoping,that;they'll never have to be used.
Interesting sidelight on this, is that the man who was shot in Mattituck by a young
person who had been arrested shortly after, was using teflon bullets which can
pierce these vests, and there's a lot of sick people out there and we're trying to
do our part to protect these people.
COUNCILMAN STOUTENBURGH : Does. anyone know about the hand held radar? Jay,
do you know anything about the hand held radar that they're asking for here? Can
this be used in boats?
SUPERVISOR MURPHY : Yes, it can.
COUNCILMAN STOUTENBURGH : Is that the idea of it?
SUPERVISOR MURPHY: Yes.
COUNCILMAN STOUTENBURGH : Oh, okay, good. What they need.
17.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, number 18 is to authorize the conversion of our payroll
system from semi-monthly for 24 payments a year to biweekly, or 26 payrolls per year.
I offer that resolution.
18. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold• hereby authorizes the
conversion of the payroll system from semi-monthly to biweekly (26 payrolls per
year) , effective January 1, 1987, provided this change meets with the approval
of the Civil Service Employees Association and Police Benevolent Association.
18.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy..
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is to authorize the Town Clerk to advertise for
resumes.
178 SEPTEMBER 23, 1986
19. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for members of the Self Evaluatier.
(Handicapped) Committee .
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 reject bids.
20. Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby rejects all:.bids
received on September 18„ 1986 with respect .to the Dog Pound construction.
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 Town Clerk to.advertise for
bids for the construction of a new Dog Pound Kennel Area only. I offer. that
resolution.
21. Moved by Supervisor Murphy, 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 construction of a new Dog
Pound Kennel Area only.
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 the creation of a Town Board.standing committee
to be known- as the Coastal Erosion Hazard Committee. I hereby create that committee.
would now like to appoint Councilman Penny, Councilwoman Cochran, and Justice
Edwards to the Coastal Erosion Hazard Committee.
COUNCILMAN SCHONDEBARE : Just what the Town needs, another committee.
SUPERVISOR MURPHY: Number 23 is to create another committee, the Kenny's Beach
Shoreline Erosion Control Committee.
23. Moved by Councilman Penny, seconded by Councilwoman Cochran,
WHEREAS, the shoreline of Long Island Sound between Duck Pond Point
and Horton's Point has sustained serious erosion damage in recent years which
has affected both private and public recreational areas located along said
shoreline, and
WHEREAS, this Board believes that it is in the public ' interest that an
advisory committee be established pursuant to Chapter 7 of the Southold Town
Code to study such erosion problem and make such recommendations as such
committee deems feasible to alleviate such erosion problem;
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS :
1. That there is hereby established the Kenny's Beach Shoreline Erosion
Control Committee to consist of not less than eight nor more than fifteen
members to be appointed by the Town Board which shall designate the
chairman. Such members shall serve without compensation and at the pleasure
of the Town Board.
2. The purpose of such committee shall be to conduct such studies and
investigations of the shoreline erosion along Long Island Sound between Duck
Pond Point and Horton's Point, particularly the shoreline area in the vicinity
of Kenny's Beach which has experienced the most severe erosion damage in
recent years.' The committee shall also ascertain the most feasible means of
alleviating such erosion conditions. The committee shall further exercise such -
powers and duties -as shall, from time to time, be directed by the Town Board.
3. The committee shall prepare and file with the Town Board periodic
written reports of its activities, and upon the completion of its duties shall file
a final report containing its recommendations for the control of erosion in the
areas described herein.
4. The committee shall continue in effect until September 30, 1988.
5. The committee and its members shall be subject to the provisions of
Chapter 7 of the Southold Town Code.
23.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy. No: Councilman Schondebare.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is to appoint some Committee Members to this
committee.
SEPTEMBER 23, 1986 179,
24. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that-the Town Board of the Town of.Southold hereby appoints the following
members to the Kenny's Beach Shoreline Erosion Control Committee:
Jay Tanski, Sea Grant Extension Program
Raymond L.. Jacobs, Superintendent of Highways
James C. McMahon, Community Development Administrator
George L. Penny, Town Councilman
Representative of the Suffolk County Legislator, 1st Legislative District
Representative of the New York State Assemblyman, 1st Assembly District
Representative of the .New York State Senator, 1st Senatorial District
Monroe Sonnenborn, Town resident
Stanley Posess, Town resident
Donald J. .Stanton, Town resident
24.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy. No: Councilman Schondebare
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 25 is to advertise for resumes for additional members
of this same committee.
25. Moved by Councilwoman Cochran, 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 resumes for members of the Kenny's Beach Shoreline
Erosion Control Committee.
COUNCILMAN SCHONDEBARE: I think you've got enough members as it is.
COUNCILWOMAN COCHRAN : Frank felt that there should be more people from the
private sector--the public sector.
SUPERVISOR MURPHY: At least four or five. We have five slots open so I thought
they: should be filled by more of the public:
COUNCILMAN PENNY: Preferably could we restrict that to residents in the area?
COUNCILMAN STOUTENBURGH : No. That's the whole idea of it.
SUPERVISOR MUR.PHY : No.
COUNCILMAN PENNY : Residents of the areas concerned.
COUNCILMAN STOUTENBURGH : No, definitely not.
COUNCILWOMAN COCHRAN : You might have someone that lives down Bayview with
expertise and knowledge that would benefit the committee.
COUNCILMAN STOUTENBURGH : That was the whole idea of it.
SUPERVISOR MURPHY : Or on the South Shore or the Ocean.
COUNCILMAN PENNY : Just asking a question.
SUPERVISOR MURPHY: I think we should get the best we could find.
COUNCILMAN PENNY: Absolutely. I was just asking a question.
25.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Councilman
Stoutenburgh, Justice Edwards, Supervisor Murphy. No: Councilman Schondebare.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 26 is 'to declare ourselves lead agency.
26. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, 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
proposed "Local Law to amend. the Southold Town Zoning Code and the Zoning Map
incorporated therein, to implement, in whole or in part, the recommendations of the
Master Plan Update prepared by the Planning Board."
SUPERVISOR MURPHY : I might add this is a very important step in the adoption of
the Master Plan. I had hoped at one time that we would have had this in place two
years ago.
COUNCILWOMAN COCHRAN : It's a milestone.
SUPERVISOR MURPHY : It's a very big step.
18 O SEPTEMBER 23, 1986
26.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 27 is to withdraw two appointments.
27. Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board ofitheuTown of Southold hereby withdraws the
,appointments of May Johnson and Marion O'Connor as Respite Aides, as reflected
in Resolution No. 22,' adopted on July 29, 1986, whereas Ms. Johnaon and Ms.
O'Connor declined their jobs and never started employment.
27.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is to approve proposed Local Law No. 11 - Vehicle
and Traffic, which we had the hearing on tonight.
28. Moved by Councilman Schondebare, seconded by Councilman Penny,
WHEREAS, a proposed' Local Law No. 11 - 1986 was introduced at a meeting of this
Board held on the 9th day of September, 1986,. and.
WHEREAS, a public hearing was held thereon by this 'Board on the 23rd day of
September, 1986, at which time all interested persons were given an opportunity
to be heard thereon, now, therefore, be it
RESOLVED that Local Law No. 11 - 1986 be enacted as follows, to wit:
LOCAL LAW NO. 11 - 1986
A Local Law in relation to stop and
yield intersections and parking of motor vehicles
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets])—
Chapter 92 (Vehicle and Traffic). of the Code of the Town of Southold is
amended as follows:
1. Section 92-30 (Stop Intersections) is amended by adding thereto the
following:
Direction At Intersection
Name of Street of travel with. Location
Beckwith Avenue North Traveler Street - Southold
11. Section 92-32 (Yield Intersections)is amended by deleting therefrom the
following:,
Direction At Intersection
Name of Street of travel with Location
[Beckwith Avenue North Traveler Street Southold]
III. Section 92-43 (Parking for limited time only) is amended by adding thereto
the following:
Between Time
Name of Street Side the Hours of Limit Location
Youngs Avenue West 8:00 A.M. E ti hours' In Southold between
6:00 P.M. N.Y. Route 25 and
Mechanic Street
IV. This Local Law shall take effect upon its filing with the Secretary of Sta
28.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY:. Number 29 is to approve proposed Local Law No. 12 concerning
discarded fuel tanks in the landfill.
29. Moved by Councilman-Schondebare, seconded by Councilman Stoutenburgh,
WHEREAS, a proposed Local Law No. 12 - 1986 was introduced. at a meeting of this
Board held on the 9th day of September, 1986, and
WHEREAS, a public hearing was held thereon by this Board on the 23rd day of
September; 1986, at which time all interested persons were given an opportunity
to be heard thereon, now, therefore, be it
RESOLVED that Local Law No. 12 - 1986 be enacted as follows, to wit:
SEPTEMBER 23, 1986 181
LOCAL LAW NO. 12 - 1986
A Local Law in relation to the disposal of discarded vehicles
and discarded fuel tanks at the Town Refuse Disposal Area
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(addition indicated by underline0
I. Section 48-3 (D) (Town refuse disposal area) of Chapter 48 of the Code
of the Town of Southold is amended by adding thereto the following:
D. . The attendant at the Town refuse area is authorized to prohibit the
disposal of discarded motor vehicles and/or discarded fuel tanks
having a capacity in excess of 550 gallons at the refuse disposal .
area.
II . This Local Law shall take effect upon its filing with the Secretary of State.
29.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on-to
agenda. At this point in time I'd like to ask any Town Board member if they would
have anything further to say? Ray? (Nothing, thank you, Frank.) Jean?
COUNCILWOMAN COCHRAN : Yes, I would like to, on behalf.of the Recreation
Committee, extend a very-.warm thank you to Superintendent of Highways Ray
Jacobs. Many, many days and hours his telephone was tied up with recreation
business and he cannot really wait until he gets his telephone system back, and
we appreciate that he did find space in his department for our Recreation Director
and we're happy,it will be back home.
SUPERVISOR MURPHY: Again, Jean, I think the cooperation of all the departments
in the emergency we've had.
COUNCILWOMAN COCHRAN : It's been great.
SUPERVISOR MURPHY: Paul? (Nothing, thank you.) Jay? (Nothing, thank you,
Frank.) George?
COUNCILMAN PENNY: Yes., the good news is is that next week some day, which
hasn't been announced yet, the civic center will be opening again. We finally got
that wrapped up. It's been a long time waiting. We appreciate the patience of the
community, and you have to understand the frustrations that the Town Board has
been going through getting a simple project as this set up through the channels
that we had to deal with, and going to bid. It will'be open again and just in time
for the Fall. Secondly, I hope to see everybody here next week on the 29th. We
have a Town-sponsored informational meeting on the effects of the Suffolk County
Water Authority in Southold Town. These questions will be fielded by the Suffolk .
County Water Authority, the Department of Health Services, the Suffolk County
Planning Board and any Councilmen that are going to be participating, and I hope
that everybody comes out because I think there's a lot of misconceptions going around
that should be put to bed. . Thank you.
SUPERVISOR MURPHY : Thank you, George. Okay, at this time 1 would like to
ask anyone in the audience who would like to address the Town Board to do so
at this time. Sir?
ALFONSE MARASELL: Have the Town members discussed my letter..to them--I-don't
remember date--couple of weeks ago--concerning the boom on the farmlands. which is ' .
very annoying to us and I'd like to know what you've come up with? Also, I have a
Southold Code, Section 100-114. 1 would like to read it if you let me?
SUPERVISOR MURPHY: Sure, you have the floor.
ALFONSE MARASELL: "Prohibited uses in all districts. The following uses are prohibited
in all districts : A. Any use which is noxious, offensive or objectionable by reason of
the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the
deposit, discharge or dispersal of liquid'or solid wastes in any form in such a manner or
amount as to cause permanent damage to the soil and streams or to adversely affect the
surrounding area, or by reason of the, creation of noise, vibration, electromagnetic or
other disturbance, or by reason of illumination by artificial light or light reflection
beyond the limits of the lot on or from which such light or lights reflection emanates;
or which involves any dangerous fire, explosive, radioactive or other hazard; or which
causes injury, annoyance or disturbance to any of the surrounding properties or to their
owners and occupants; and any other process or use which is unwholesome and noisome
and maybe dangerous or prejudicial to health, safety or general welfare, except where
such activity is licensed or regulated by other government agencies." That seems .to
be the law.
SUPERVISOR MURPHY : Are you finished?
ALFONSE MARASELL: Yes.
182 SEPTEMBER 23, 1986
SUPERVISOR MURPHY,: Okay, I believe I spoke to you today about the comments
from the farmer who had used the gun, the air gun, and I believe as far as this is
not the place to discuss the Code or law that's on the books in the Town, I had given
you Mr. Tasker's number to discuss with him, where maybe he could enlighten you
or you could.enlighten him. This is 'not the place to do that. If you want to call again
tomorrow I'll give you this phone number again and suggest you talk to him.
ALFONSE MARASELL: I called him and he suggested that I get a copy of---
SUPERVISOR MURPHY : Why don't we ask Mr. Tasker to come in. Bob. This is
Mr. Tasker. Now,, what did you say? Mr. Marasell, you said you spoke to Mr. Tasker.
ALFONSE MARASELL: Yes.
SUPERVISOR MURPHY: Okay. What are you asking us now?
TOWN ATTORNEY TASKER: He spoke to me, 1 .believe it was last week. I directed
him to the section of the Zoning Code. There is also a provision in the Penal Code
about noise. I understand that there is also some provision in some recently enacted
statute which was enacted for the protection of farmers, which exempted them from
all of these statutes, but I haven't been able to find it.
COUNCILMAN STOUTENBURGH : Only in an Ag District.
TOWN ATTORNEY TASKER: 1 found that one in the Ag District. 1 don't think this
property is in an Ag District'.
COUNCILMAN STOUTENBURGH : No, I don't think it is.'
SUPERVISOR MURPHY: So, what would you like?
COUNCILWOMAN COCHRAN : We should enforce the code.
ALFONSE MARASELL: I would like him' to stop it.
COUNCILMAN STOUTENBURGH : I have a little difficulty with the idea of just stopping
it for the simple reason the man's livelihood is based on this.' and it isn't for a continuos
all-year-around problem. In-as-much as I live nearby one also that booms, but it's in
grape area. It is disturbing. There's no doubt about it, and the closer you are the
more disturbing it is I'm sure, and you must be very close to :it.
ALFONSE MARASELL: A hundred yards away.
COUNCILMAN STOUTENBURGH : That's most difficult and I would surely think that
the farmer would be able to move a little away from you some how. I'm not familiar
with the situation, but one of the key things that I feel that the Town, as a whole,
wants to reserve, is its agricultural character out here, and if we go ahead and put
objections to this man using this thing, :and he can't make a livelihood and he has to
sell out to developers we've lost what we came out here for, this rural atmosphere.
Now, I can appreciate your concern if the man let the thing run into the evening when
there's no birds around. That would. be uncalled for, I would think, and you would
have a legitimate reason for stopping it. But .during the time that he says there are
birds there, he's trying to protect his own investment, just as if you had a home and
you had problems with who knows what, you would try to protect it also. So there's
got to be a give and take and I don't know how long this has been going on. It should.
be a period of three weeks, approximately. Has it been going on more than that?
ALFONSE MARASELL: Since July the 3rd, except for a few days given and take.
Maybe from that period of time, now two and a half months, he might have not had
it maybe for two weeks at the most.
COUNCILMAN STOUTENBURGH : I can appreciate your problem.
ALFONSE MARASELL: Now, what I'd like to know, when do they first use this
machine anywhere in this area?
COUNCILMAN STOUTENBURGH : John Wickham, who farms in Cutchogue, has had it
for I would say eight to, ten years.
SUPERVISOR MURPHY : I had it across from my house twenty-two years ago.
COUNCILMAN STOUTENBURGH : It's an accepted way of scaring---
ALFONSE MARASELL: This is the first time he,uses it by us at the Petty's Bight
Association. He has some corn field. Not an awful lot. I would say about two acres
of it. Now on the other side of the road there's acres--many more acres of corn field
and they're not using that. Also Narrow River Road there's a large acres of corn and
SEPTEMBER 23, 198613
Q
they're not using that there either—Now, why's it so important. All of a sudden his Q
livelihood depends on it. He's only.,had,, about,-tw.o acres of it, and it's right near to
the residential district.
COUNCILWOMAN COCH RAN : And it's corn?
ALFONSE MARASELL: Corn, yes.
SUPERVISOR MURPHY : I went down---for the members of the Town Board---I went
down with Lieutenant Droskoski on Friday to talk to the farmer. We've spoken. to
Mr. Marasell several times. The Police Department has also. And we spoke to the
young man who's the farmer, Fred Terry, and he's very concerned about.his neighbors,
very sorry that this isbothering them. This.'is 'the first year he's had to use it. Last
year he had corn in the same area and there were no birds. Latham had the birds and
Latham had to use it. Mr. Terry said that he has approximately three or four more days,
maybe a week at the most, that he uses it one day and keeps it 'off for at .least two days,
and if 'the birds come back he starts it 'again'. Very cooperative, very concerned about
his neighbors. He intends, next year, to put his corn--he has to rotate his crop--to
put his corn on the south side of Route 25 where more than likely it will not bother.
anybody but maybe the ducks or something out in'Hallocks Bay. He is concerned. He
is working and he's, I think, very cooperative. He doesn't start his gun until around
9:00 o'clock in the morning, even though birds .feed very early in the morning, and I
think he's made every effort. Now if he's breaking the Code, fine, somebody could
bring up charges then if you would like to do that.
JUSTICE EDWARDS: If it's part of the Town Code, you've got to uphold it.
COUNCILWOMAN COCHRAN : Otherwise change the Code if you want to protect the farmer.
JUSTICE EDWARDS: Either that or change the Code.
SUPERVISOR MURPHY : Okay, do you have any other comments?
ALFONSE MARASELL: One time he had that thing going .every 45 seconds. Lately it
has been a minute and fifty minutes, and in the beginning, around the middle of July
he had it going for every 45 seconds, and that's real close by. We cannot stay on our
porch. We cannot have people on the porch. We don't sit on the porch i•n the hot days.
We enjoy having our supper on the porch. We cannot do that.. We could not do that
at the time. We couldn't have company and sit on the deck there. We'd just have to go
inside. Now, we have to live too.
SUPERVISOR MURPHY: Very sorry for the inconvenience to you, and I could report,
as I have to you personally, that the farmer is doing all that he can. We could look
and see if he is in violation, fine.
ALFONSE MARASELL: I feel he has an obligation not to- inconvenience us.
SUPERVISOR MURPHY : Any other comments?
ALFONSE MARASELL: No.
SUPERVISOR MURPHY : Thank you. Anyone else like to address the Town Board?
Yes, ma'am.
VIRGINIA GILL: I live on Greenway West, and that machine--if the farmer would use
it less often I think it probably would serve. the same purpose, but he starts at 7:00
in the morning until 7:00 or so at night. It started before the 4th of July. I thought
it was early fireworks. It has gone all summer long, almost every single day for just
a few minutes apart. It's just been not just a few hours during the day when you
might scare away the birds and wait until they come back, but just continually all
day long. It is very nerve-wracking and I live much further away than this man
does. So I think he could cut down the time that he uses it at least.
SUPERVISOR MURPHY : I know what it's like. Yes. And I feel for anyone around
it. Anyone else like to address the Town Board? (No response. ) Any other comments
to the Town Board at all? (No response.) If not I would like to move for a motion to
adjourn. Thank you all for coming out tonight.
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that this Town Board meeting be and hereby isadjourned at 8:55 P.M.
Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
u ith T. Terry
Southold Town Clerk