HomeMy WebLinkAboutTB-07/03/1984 287
SOUTHOLD TOWN BOARD
July 3, 1984
WORK SESSION
10: 15 A.M. - Approximately 35 residents of the Kenneys Beach Association appeared
before the Board. Their spokesman Mario DiSanto read a 'prepared statement concern-
the continuing erosion problem at the beach and the properties lying west of Goldsmith's
Jetty, existing and impending law suits, and a request for a meeting to deal strictly
with those problems, with representatives of the State, County, Town, Corps of
Engineers present. Supervisor Murphy said such a meeting will 'be set up within the
next several weeks. Town Attorney Tasker advised the Board to. await the outcome
of the Lockman' case which is in' litigation at the present time. There is' no clear cut
decision as' to who is 'responsible for the jetty and it will' be determined by the court.
.10:30 A.M. - Community Development Administrator James McMahon met with the Board
to ask if they .are still interested in the Suffolk County. Revitalization Grant Program
six percent revolving loan for Cross Sound Ferry Service. He stated this would
guarantee ten full-time or twenty:: part-time jobs. as a result of the project. Council—
man Townsend stated he has reservations about such -a grant, and Councilman; Schondebar
said he:Would like to study the file. This came before the prior Town Board last year,
and some of the present Board members are'not familiar with the background. Council-
man Stoutenburgh said ' he is concerned about the guarantee of jobs.
.1.0:.:45 A.M-._ -- Assessor_Chairman Charles Watts met with the Board to explain the
proposed New York State. Legislation concerning senior citizen rent exemption and
tax abatement . He said' this is another exemption that would be available, and this
year there is a one million dollar farmland exemption. Councilman Townsend said
he is totally opposed to the proposed legislation, the Town should control the program
and not -the .landlords.-as the proposal reads.. Mr. Watts also explained 'the assessment
ratio- (residential)as established by the New York State Division. of Equalization and
Assessment for administrative and small• claims assessment review proceedings on the
•1984 assessment roll. He said the Town has two weeks to contest the ratio. .(5.73) ,
and would have to come up with a five percent differential.
11:00 A.M. - The Board reviewed off-agenda items (1) Cantwell wetland applica-
tion and (2) Harbor Lights wetland application. It was the decision of the Board
that since the DEC has completed the SEQR process the Board would not pursue
it separately.
11: 15 A.M. - A delegation of approximately 20 homeowners from the Captain Kidd
Estates area met with the Board concerning a possible public hearing on a Captain
Kidd..Water District. They said, they only want an information meeting. Very few
people have seen the report which they feel contains many errors. They also: re-
geusted the Board to hire. a public utility CPA to study the matter, since they
challenge the proposed price of.$91.,000. for the company. Supervisor Murphy
assured the group an informational,meeting will be scheduled late in July. . Some
of the residents present then asked that their names be removed from the proposed
district, since they already have private wells. They were asked to put this request
in writing.
11:30 A.M. - The Board continued to review off-agenda items: ;(5) Suggestion of
the North Fork Animal Welfare League, Inc. that Chapter 38 of the Code be amended
to add a new section to provide for dogs in heat. (6) Request from the New York
College of Agriculture and Life Science, Cornell, for a $3000 contribution by the
Town for assistance in the implementation of the TDR feasibility review this summer.
Funds are not available in the 1984 Budget for such funding. (7) Invoice for
professional services from RPPW relative to meetings with the Planning Board and
Town Board. . This was not included in the contract. (9) Follow-up letter explaining
the aforesaid. invoice from. RPPW. (8) Letter from Edith Crosley, Spokesperson for
residents of Driftwood Cove concerning the proposed conversion of Driftwood Cove
to co-operative ownership. (10) Letter from Long Island Pure Drinking Water ask-
ing to purchase the water vending.machine turned over to the Town by -the County.
The Board feels this machine is 'a. valuable service to the community and does not
look favorably upon such a request. (11) Possible appointment of another build!.ng
inspector from the recent Civil Service list. Interviews of the three individuals on
the list will be scheduled for next week. (12) Letter from Richard J. Cron to the
Planning Board relative to Seacroft at Cutchogue, dated June 18, 1984, which was
merely for information of the Board. Site Plan approval of Seacroft is a Planning
288 JULY 3, 1984
Board function. Other items: Seat Belt Awareness Program to be coordinated by
Councilwoman Cochran; reject the question of hiring a consultant to review the
Town's insurance coverage. The Board feels the Town is 'adequately covered and
an allocation for a consultant was not provided for. in the .1984 Budget.
12:30 P.M. - Recess for lunch.
.2.: 10 P.M. - Work Session reconvened. Board discussed the Stipulation of Dis-
continuance in the matter of the Town of Southold v. Douglass. (Resolution No.
17 on the Regular Meeting agenda) .
EXECUTIVE SESSION
2:20 P.M. -. The Board met with Special Attorney Richard J. Lark to discuss the
inspection of the Orient Point Inn owned. by Nicholas Schick and the pending unsafe
building proceeding.
3:00 P.M. - Executive Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, July
3, 1984 at the Southold Town Hall, Main Road, Southold, New York.. Supervisor
Murphy opened the .meeting at 3:.00 P.M. with the Pledge of Allegiance to the Flag.
Present: Supervisor Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James',.A.' Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Superintendent of Highways Raymond C. Dean
SUPERVISOR MURPHY: We didn't get to audit the bills, so we're going to have
to recess at the end and audit and then have the approval at that time. I'd
like a resolution approving the minutes of the regular meeting of June 19th.
Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the minutes of the Regular Meeting of June 19, 1984 of the Southold
..Town Board ,be and hereby are approved.
COUNCILMAN.S.CHONDEBARE: Just one question I want to. correct on page 34,
Resolution No. 30, on the vote on number 30.
SUPERVISOR MURPHY: Judy, didn 't already.
TOWN CLERK. TERRY: Yes, he spoke to me earlier and I. corrected it.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman .Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED....
_ SUPERVISOR MURPHY: I'd like to have a resolution approving the next meeting
date, July 17th, 1984, at 3:00 P.M., Southold Town Hall.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
= RESOLVED that the next Regular Meeting of .the Southold Town Board will be,lield
at 3:00 P.M. , Tuesday, July 17, .1984, at the Southold Town Hall, Main' Road,
Southold, New York..
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor'Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this. time I'm going to accept the resignation of
Bill Pell as my Deputy. I didn't have a chance to discuss it this morning, we were
;too tied up, and going to appoint Frank A. Kujawski, Jr. to take Bill's place. And
I'd .like to publicly thank Bill for serving these six months.
Moving on to our prepared agenda, Item No. I, Reports.
JULY 3, 1984 2 8 9
I. REPORTS.
SUPERVISOR MURPHY: The first one is Long Island Cablevision for May 1984.
2. Supervisor's Monthly report for June, 1984. You won't find it in here,
it's in receipts that we did get, a very interesting part of the report is this is
the first full month that we've had any. control down the Landfill, and so far for
the month of June approximately 325,000 gallons of septic waste has been dumped
in the..Landfill: We did have -the ground breaking of the new sewage treatment
plant on Monday and really it's .none too soon. The Supervisor's .monthly report
is here. Anyone has any questions they're on file in the Town' Clerk's Office.
3. Pd .ask the Councilmen if they have anything to report, starting over
on my right, Jay?
COUNCILMAN SCHONDEBARE: We had the Landfill Committee met, and seems to
be going very nicely up there, trying to work out some of the problems. We'll
have the hearing.on fees today. And then we met to select another applicant
for the Water Advisory group and we have a name which we submitted today.
We didn't have a chance to discuss that during our Work Session, but Paul and
Jean you were there, and myself was there. We've gone to a lot of meetings and
a lot of committees.
SUPERVISOR MURPHY: Thank you, Jay. Joe?
COUNCILMAN TOWNSEND: .1 spoke to the Inter Agency Advisory Council, which
is 'a group .composed.of individuals from various organizations dedicated. to helping
our poor and elderly, about what Southold Town is doing for those groups, and
it was a stretch. We did talk about the possibility of some low income housing,
and 1 got a lot .of valuable information out of it. Had a chance to share, with :them
some ideas that I have about creation of a housing authority, the creation of some
low income housing that could be tied in with two-family zoning. I also made an
inspection, pursuant to the Board's. request; of the Dog Pound to see if some reports
we've been hearing were correct. I found that in general--and I haven't had a chance
to discuss this with the Board--but I found that in:general there is over-crowding at
the Dog Pound, in'my estimation. However, the dogs are all in good condition and
kept clean. There could be a little better cleanliness in the office. The cages were
quite clean, but the office resembled my own, which is. a sorry state. That's about
all I have, Frank_
SUPERVISOR MURPHY: Thank you, Joe. Paul?
COUNCILMAN STOUTENBURGH: I attended the--along with Jean here--the State
Erosion Control Program that was sponsored in our Town Hall last week. This .
basically is setting up a 25 foot no.. development, .no activity at all;section along our
north shore along the Sound. It drew a crowd that filled this entire room. There
was much interest in what they were doing and many people were concerned about
where the line which was drawn on. the map--and by the way, those maps are in
Judy's office for anyone wishing to look at them. And I'm sure there has to be a
lot of working back and forth to get this program right,. but I think it's absolutely
essential. And basically what it's saying is, the Town government can go ahead
and have the jurisdiction, if.the Town government doesn't want to do it, then it-
will pass it on to the County, and if the County doesn't want to take it, it will
then be taken over by the State. The big problem I see is that if we took it over,
we would not have the expertise to determine what activity should be done' and what
would be harmful along our shores. I would hope, .though, that we would be able
to take this over and have-the State: as a resource person. This might be the way
of solving this problem. It's something very very needed in'this Town for the simple
reason that most of the problems we hear along from Goldsmith's Inlet to all the other
groins and jetties along our shores, there has never been any control whatsoever.
And that is the key point of this whole thing, that there will be control. Anyone
who does anything .on the shoreline must prove beyond. a doubt that they're not
going to do any harm to the neighbor,.;and that's the thing that has never been
done before. In other words, a man. could put a jetty out and if it hurt his
neighbor-that was just tough. He got the improvement because it built up on one
side and cut away on the other. This will' be eliminated. So even though it's'not
exactly what everybody would like, I think in the long run it's exactly what this
Town needs. We need some sort of control and I would hope that the Town would
look into taking it 'over in the future.
SUPERVISOR MURPHY: Thank you, Paul. Jean?
COUNCILWOMAN- COCHRAN: Yes, I also interviewed for the_Water Advisory. I
also attended the meeting that. Paul did -and they've given comments on it, so
won't dwell on it. In addition 1 attended a meeting last week with Supervisor
Murphy and Jim McMahon, our Development Director, several men from the 'Long
Island Grape Growers Association and myself and Dave Mudd and the gist of the
meeting was development of a winery on the North Fork. There are some changes that would have to be made in zoning and they will be presenting a plan fors
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290 JULY 3 , 1984
development for, the Town Board in*the future. Also, this morning Mr. Murphy
blessed me with another job,"Be Smart, Be Save and Buckle Up." I will be spear-
heading a Awareness and Educational Program on the safety of wearing seat belts.
That's it.
SUPERVISOR MURPHY: Thank you, Jean-. Judge Edwards?
JUSTICE EDWARDS: The only comment I have, Frank, is to let the fellow Council-
people know that I brought over the Fishers Island Civic Association Report of 1983.
and 1984 fresh off the press. It came out Monday and copies are going to be dis-
tributed to people on the Board. And this is a report of all of the various districts,
fire district, school district, garbage district, ferry district and so forth, of the
Island and comments of the Fishers Island Civic Association and it also states in
there that they are doing--the Civic 'Association has. come up with some money to do
a Master Plan of Fishers Island because the people on the Island are very concerned
with the lack of support we got from RPPW on that. That's it; Frank..
SUPERVISOR MURPHY: Thank you, Judge. As you could see, the Town Board has
been very busy the last two weeks.. We'll .move on to. the second item on our agenda, ,
the public notices.
If. PUBLIC NOTICES.
SUPERVISOR MURPHY: The first one is `a Notice of Complete Application by Tom
Samuels to create a two lot residential' subdivision by dividing a 3.75 acre parcel
into two lots having '83,300 square feet and 80,000 square feet and install 340 ft.
of concrete rip rap wall landward of mean high water. . The project is located on
the west side of Hallock's Bay, east side of Narrow River Road, Orient. Comments
to Dennis Cole, New York State DEC' by July 13th.
2. Edward Trashjian, Litt eworth Lane, Sea Cliff, and it's .to construct a
one family dwelling and associated sanitary system 54 ft. and 95 ft. respectively
from tidal wetlands. Applicant seeks. a 5 ft. variance to the .100 ft. setback for
the sanitary system. The project is 'located on the east side of Stillwater Avenue,
approximately 290 ft. from its intersection with Pequash Avenue fronting on Eugene's
Creek. . Comments to Dennis 'Cole, New York State DEC by July 20th. I might also
mention at this 'time that all of these notices are posted on the Town Clerk's Bulletin
Board.
3. Port of Egypt to dredge existing boat basin to 4 ft. below mean low
water and dredge offshore of existing marina to northerly edge of Coupty dredged
Channel to 4 ft. below mean low water. Resultant spoil, approximately 600 cubic
yards, shall be placed north of Route 25, approximately 330 feet east., of the inter-
section of Main Road and Old 'Main Road, Budds Pond, Arshamomaque. Contact
Charles T. Hamilton, Stony Brook,. NYS-DEC, by July 20th.
4. _ Complete Application of Thomas Flynn to install a 16 ft. by 32 ft. inground
swimming pool and 5 ft.± surrounding wood deck located along southeast corner of
existing single family dwelling. The pool deck will be a minimum of 20 ft.± from
existing bulkhead and will therefore require a variance from Part 661, Tidal Wetlands
Land Use Regulations. Project is located along Dawn Lagoon on Dawn Drive in
Greenport. Comments to New- York State DEC , Michael -Calaban,by July 20th.
SUPERVISOR MURPHY: That's the end of the public notices. We'll move on to
the third item on the agenda, Communications.
III. COMMUNICATIONS.
SUPERVISOR' MURPHY: There were two this month, and one is from the Southold
Town Baymen's Association, Inc. I won't read the whole thing, but this is concern-
ing application for wetlands and their comment on the last paragraph, I think, .is
very important: "This wetlands application, following as it does a recent proposal
for construction on did's Island, indicates the growing pressure exerted by speculators
to develop this untouched tract and, with the example of Great; South Bay, argues
for a conservation plan for the whole periphery of Hallock's Bay." Signed by
Chester Begley.
2. Good news for the Highway Superintendent, we are going to get our CHIPS
money for 1984.for the tune of $67,606.
SUPERVISOR MURPHY: We have about five minutes more before the public hearing,
so we'll move on to resolutions.
V. RESOLUTIONS.
.SUPERVISOR MURPHY: Number 1 we're going to hold (proposed N.Y.S. legislation
relative to senior citizen rent exemption and tax abatement) .-- Start with Number 2.
2. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh,
WHEREAS, hurricanes can result in loss of life and .human suffering, extensive
property damage. and economic loss, and
WHEREAS, last year hurricanes inflicted much suffering and loss, and
.WHEREAS, preparing for emergencies and disasters is a function of government,
JULY 3,1984 9
dependent upon leadership of the executive officers and efforts of many dedicated
volunteers and professionals, and-:
WHEREAS, a number of federal, state, local and private agencies are attempting
to inform and educate the public on steps that should be taken to prepare for
hurricanes, and
WHEREAS, by taking reasonable precautions the people of Southold Town can
reduce the loss of live and property, plus decrease the effects of .hurricanes
on our economy, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby proclaims the month
of JULY '1984 - HURRICANE AWARENESS MONTH in the Town of Southold, and
authorizes all agencies of our government to provide citizens with appropriate
preparedness information .for the 1984 hurricane season, and urges all citizens to
cooperate wholeheartedly with the Disaster Preparedness officials in this important
work.
SUPERVISOR MURPHY: Any questions? (No response.)
2. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: • Number 3 is 'to accept a bid:
3. Moved by Councilman .Stoutenburgh, seconded by Councilman Schondebare,
RESOLVED that the Town Board of the Town. of Southold hereby accepts the bid
of Sam Allen's Modern Machinery, Inc. , in: the amount of $25','00'4.00, for supplying
the Town with one (1) 1971 Central Engineering Vac-All Model E-513, mounted on
one (1) Ford Model LN .900 cab and chassis, all in accordance with the bid specifica-
tions.
SUPERVISOR MURPHY: Any questions? `
COUNCILMAN TOWNSEND: I wanted to talk .to Ray about' this: We haven't..had
a chance to discuss this 'and I wanted to,ask him about what it .was for and the
whole thing.
SUPERVISOR MURPHY: It's .for a used. Vac-All which. cleans. catch-basins and
that. There's .a: .90 day guarantee on it. Ray wants .to use it -for the 90 days and
see if 'it's going to break down. If*we rented .a Vac-All for that period of time
it would be much more money and Ray feels that he:ll .do much better. G'The.other
bidder who bid on it; bid'.for-a different type of truck and did' not have have his
bid' bond with it.
COUNCILMAN TOWNSEND: What was the amount of that bid?
SUPERVISOR MURPHY: . Twenty thousand.
COUNCILMAN TOWNSEND: For a:1713
SUPERVISOR MURPHY: No, a '•69' truck.. Ray saw both pieces of equipment and---. .
COUNCILMAN' STOUTENBURGH: ..Here. he .is now.
SUPERVISOR MURPHY: We're talking about the Vac-All.
COUNCILMAN STOUTENBURGH: You inspected it, Ray?
.SUPERINTENDENT OF HIGHWAYS DEAN: Yes. I went up and tested it.' . That's
the one we want. They sell them and they've got some parts there.
COUNCILMAN TOWNSEND: How many miles on the 171; or isthere. no odometer on
it? . This one says 25,'000 'miles.
SUPERINTENDENT OF HIGHWAYS DEAN;.. J .don't .know how many miles.
COUNCILMAN. TOWNSEND: It's .the hours on the engine?
SUPERINTENDENT OF HIGHWAYS DEAN: It's the rear engine I'm worried about,
to be able to get parts.
COUNCILMAN TOWNSEND: The two years is worth the five thousand .dollars?
SUPERINTENDENT .OF HIGHWAYS DEAN: Oh, yes, because -these people sell
those types of machines. They have some expertise in' that 'area. The other
outfit doesn't even sell them. They took one in on a trade-in.
SUPERVISOR MURPHY: Any other questions? Any Board members have a
question? (No response.)
292 JULY 3, 1984
3. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was ;declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is 'to accept the bid for two economy cars.
4. Moved by Justice Edwards, seconded by Councilman Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold- hereby accepts the bid .
of Mullen Motors, Inc. for sup I in' the Town with two (2) 1984 vehicles (4-door
Plymouth Horizon sedans) , at a. total cost of 14,,000.00, all in accordance with the
bid specifications.
SUPERVISOR MURPHY: Any other questions?
COUNCILMAN SCHONDEBARE: What are these, Building Department?
SUPERVISOR MURPHY: Building Department and the Assessors. . Two of the old
police cars broke down.
COUNCILMAN TOWNSEND: You just got one bid' in?
SUPERVISOR MURPHY: That's all.
4. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, :Justice Edwards, Councilman Townsend, .Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, number 5..is to appoint to the Water.Advisory
Committee. Now, maybe Paul or Jay you would like to do this. Give us your,
recommendations and we'll have any questions.
5.' Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following five (5) individuals, for the following terms, to the Southold Town Water
Advisory Committee:
Valerie Scopaz = July 3, •1984 - July 3, 1985
James I. Monsell - July 3, •1984 - July. 3, 1986
Franklin' Bear - July 3, .1984. .- July 3, -1987
Ruth Oliva - July 3, 1984' - July 3, •1988.
Martin'Trent - July 3, 1984 - July 3, .1989
SUPERVISOR MURPHY: Any questions on that? Any changes? (No. response.)
S. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR. MURPHY: Would you like to do the next one, Jay?
COUNCILMAN STOUTENBURGH: : 1'll .do that one. '
6. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Franklin.
Bear Chairperson of the Southold Town Water Advisory Committee, until December
31, 1984.
COUNCILMAN SCHONDEBARE: Now I would say, what we do with all the other
ones, that they would meet and make a recommendation to us for their Chairman,
and then we vote. That's the way we've done. it on the Assessors, Planning
Board, et cetera. r .
SUPERVISOR MURPHY: You'd .just as soon hold this?
COUNCILMAN SCHONDEBARE: Then they would have .their'meeting, vote on who
they want and make a recommendation. So I would move to table it until they meet _
and when they meet then they can submit 'to -us their 'recommendation. That's the
way we've always done it.
SUPERVISOR MURPHY: Okay, does someone want to second Jay's .motion to table?
COUNCILMAN TOWNSEND: I'll ,second'
it.'
6. Moved by Councilman Schondebare, seconded by Councilman Townsend, it 'was
RESOLVED that the motion to appoint a Chairperson to the Southold Town Water
Advisory Committee; be .and hereby is TABLED.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
JULY 3, 1984 293
SUPERVISOR MURPHY: Okay, at ihis'potntAn time "I would like to ask.:for a motion
.to .recess so we could hold the public hearing that's scheduled at 3:30.
Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that a recess be called .at this 'time, 3:30 P.M. , for the purpose of
holding a public hearing on a proposed Local Law entitled, "A Local Law in relation
to permits and licenses for vehicles transporting refuse into Town refuse disposal
areas and penalties for offenses."
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
The Regular Town Board Meetin d reconvened at 4:30 P.M.
SUPERVISOR MURPHY: We will return to the Regular Meeting at this time. The
next resolution is to declare lead agency.
7. Moved by Justice Edwards, seconded by' Councilman Townsend, it was
RESOLVED that the Southold Town Board declare itself lead agency in regard to
the' State Environmental Quality Review Act in the matter of the application of
Bayview Development Corp. for a Wetland Permit on certain property located on
Corey Creek, at west side of Bayview Road, Southold, New York.
COUNCILMAN SCHONDEBARE: There's nothing in' here from the DEC, so I assume
that you contacted them and they have not declared themselves lead agency.
TOWN CLERK TERRY: That's right, or I would have indicated so in writing.
7. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This _resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Moving on to Resolution No. 8.
8. Moved by Councilwowoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold will hold a public hearing ,
at the Southold Town Hall, Main Road, Southold, New York, on the 17th day of
July, 1984, at 3:30 P.M. , at which time all interested persons will be given an
opportunity to be heard-upon the following matter: "A Local Law to provide for
the administration and enforcement of the New York State Uniform Fire Prevention
and Building Code," which reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I . The Code of the Town of Southold is hereby amended by .adding a new
chapter thereto, to be Chapter 25 to read as follows:
Section 25-1. Title
This chapter shall be -known as the "Uniform Fire Prevention and
Building Code administration and Enforcement Law."
Section 25-2. Purpose
Article 1.8 of the Executive Law, as added by Chapter 707 of the Laws of
1981, . provides for the preparation of a Uniform Fire Prevention and
Building Code (Uniform Code) , which shall take effect on January 1,
1984, and which every local government shall administer and enforce on
and after such. date. It is the purpose of this chapter to provide for the
administration and enforcement of the Uniform Code in the Town of
Southold.
Section 25-3: Administrative and Enforcing Officers.
A. It shall be the duty of the Building Inspectors (hereinafter referred
to as the Building Inspector) to'administer and enforce the Uniform
Code and the provisions of this chapter.
B. In addition to the Inspectors, as provided by subdivision A of this
section, the Town Board .may appoint one (1) Assistant Inspector
for each of the fire districts in the Town who shall be recommended
by the respective Board of Fire Commissioners. Such Assistant
Inspectors shall serve for a term of one (1) year or at the pleasure
of the Town Board. Assistant Inspectors shall serve without
compensation, but shall be reimbursed for- their actual. and
necessary expenses incurred in the performance of their duties
-within the appropriations 'made therefor by the Town Board. Such
Assistant Inspectors shall not have enforcement powers, their duties
294 JULY 3, 1984
being limited to conducting periodic inspections for compliance with
the fire prevention provisions (Chapter C) of the Uniform Code.
Assistant Inspectors shall have the same right to enter and inspect
buildings and premises as conferred upon the Building Inspector.
Section 25-4. Conflicts
-Where the provisions of this chapter conflict with or impose a different
requirement , than any other provision of the Southold Town Code, or any
rule or regulation adopted thereunder, the provision .which. establishes
the higher standard or requirement shall govern.
Section 25- 5. Duties and powers of Building Inspector.
A. Except as otherwise specifically provided by law', ordinance or
regulation, or except as herein otherwise provided, the Building
Inspector shall administer and enforce all the provisions of the
Uniform Code and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and
structures, and the installation and use of materials and equipment
therein; and the location, use, occupancy and maintenance thereof.
i
B. He shall' receive applications and issue permits for the erection,
alteration, removal and demolition of buildings or structures or
parts thereof and shall examine the premises for which such
applications have been received or such permits have been issued,
for the purpose of ensuring compliance with the Uniform Code and
other laws, ordinances and regulations governing build,ing-
construction.
C. He shall issue all appropriate notices. or orders to remove illegal or
unsafe conditions, to require the necessary safeguards during '
construction and to ensure compliance dui-ing the entire course of
construction with the requirements of the Uniform Code and other
applicable laws, ordinances or regulations. He shall make all
inspections which are necessary or. proper for the carrying out of
his duties.
D. Whenever the same may . be ..necessary or appropriate to assure
compliance with the provisions of applicable laws, ordinances or
regulations covering building construction, he may require -the
performance of tests in the field by experienced, professional
persons or by accredited and authoritative testing laboratories or
service bureaus or agencies.
Section 25-6. Department records and reports.
A. The Building Inspector ,shall keep permanent, official records of all
transactions and- - activities conducted by.' him, including al(..
applications- "received, permits and certificates issued, fees charged
and collected, inspection reports, and notices and orders issued.
All such records shall be public records, open to public inspection
during business hours.
B . The . Building Inspector shall, -as directed, submit to the Town
Board , a written report and summary of all business conducted by
him, .•Iincluding permits and ' certificate's issued, fees collectea,
orders and notices promulgated, inspections .and tests made and
appeals or litigation pending:
Section 25-7. Cooperation of other. departments.
The Building Inspector may request and shall receive, so far as may be
necessary in the discharge of his duties, the assistance and cooperation
of the police and fire officers and all other municipal officials exercising
any jurisdiction over the -construction, use or occupancy of buildings or
the installation of equipment therein. `
Section 25-8. Application for building permit.
A. No person, firm or corporation shall - commence the erection,
construction, enlargement, alteration, removal, improvements,
demolition, conversion or change in the nature of the occupancy of
any building or structure, or cause the same to be done, without
first obtaining a separate building permit from the Building
Inspector for each such building or structure; except that no
building permit shall be required for the performance of ordinary
repair's which are not structural in nature.
JULY 3, 1984 295.
B. Application ,.for the .,,bu;il:ding,M,,,,pe,rmit _shall be made to the Building
Inspector on forms provided by him arid shall contain the following
information:
( 1) A description of the land on which the proposed work is to be
done;
(2) A statement of the use or occupancy of all parts of the land
and the building structure;
(3) The valuation of the proposed work;
(11) The full name and address of the owner and of the applicant,
and the names and addresses of their- responsible officers if
any of them are corporations;
(5) A brief description of the nature of the proposed work;
(6) A set of plans and specifications, in triplicate, as scat forth in
Subdivision C of this section; and
(7) Such other information as may reasonably be required by the
Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws,
ordinances and regulations.
Application shall be made by the owner or lessee, or agent of
either, or by . the architect, engineer or builder employed in
connection with the proposed work.
E
C. Plans and specifications.
(1) Each application for a building permit shall be accompanied 'by
three copies of plans and specifications, including a plot plan,
drawn to scale, showing the location and size of all proposed
new construction and all - existing structures on the site, the
nature and .character of the work to be performed and the
materials to be incorporated, distance from lot lines, the
relatiopship of structures on adjoining property, widths and
grades of , adjoining streets, walks and alleys and, where
required by the Building Inspector, details of structural,
mechanical and electrical work, including computations, stress,
diagrams and other essential technical data.
(a) Whenever the plans accompanying an application are for a
structure which, in the opinion of the Inspector, is of
complex design, the Inspector shall require the applicant
to file an affidavit signed by a licensed architect or
engineer certifying that the plans and specifications
comply with the provisions of the, Uniform Code as -in
force on the date of the application. In such case the
Inspector may, in his discretion, employ a licensed
architect or engineer to examine the plans. The amount
by which the cost of such examination, not exceeding one
half (1) of the permit fee required, shall be added to
such permit fee and- paid by the applicant before •, the
permit shall be' issued. In the event the Inspector
employs a licensed engineer or architect under this
subdivision, the Inspector may rely upon the advice of
such architect or engineer as to whether such plans and
specifications comply with the Unform Code.
(b) Whenever the plans accompanying an application are for a
structure which, in the opinion of the Inspector, is of
complex design, the— Inspector may, in his discretion,
issue the permit subject to the condition that an- architect
and/or engineer whose qualifications are acceptable to him
(and who may be already employed by the ow-ner or-
builder) be employed by the owner or builder to
supervise all work done under the permit, to see that the
work conforms with the approved plans and specifications,
and forthwith upon its completion to make and file with
the Inspector an affidavit or affidavits that lie or they
have complied with all inspection requirements of this
chapter and that the work has been carris:d out according
to the approved plans and specifications and in
accordance with the provisions of the Uniform Code. In
such case the Inspector may rely upon such affidavit or
affidavits as . : evidence that such building conforms
296 JULY 3, 1984
7 substantially to the approved plans and specifications and
requirements of the Uniform Code applying to buildings of ,
its class and kind.
(2) Plans and specifications shall bear the signature of the person
responsible for the design of the drawings.
(3) In cases where the proposed work can otherwise be shown to
comply with all requirements of the Uniform Code and other
building laws, ordinances and regulations, the Building
Inspector may waive the requirement for filing plans.
D. Amendments to the application or to the plans and specifications
accompanying the same may be filed at any time prior to the
completion of the work, subject to the approval of the Building
Inspector.
Section 25-9. Issuance or denial of building permit.
A. The Building Inspector shall examine or cause to be examined all
applications for permits and the plans, specifications and documents
filed therewith. He • shall approve or disapprove the application
within--a••:reasonable time;- and in .-all events "within- ten (10) business
days.
B. Upon approval of the application and upon receipt of the legal fees
therefor, ha shall issue a building permit to the applicant upon the
form prescribed by him and shall affix his signature or ,cause his
legal signature to be affixed thereto.
C. Upon -approval of the application, two sets of plans and
specifications shall be endorsed with the word "approved." One (1)
set of such ..approved plans and specifications shall be retained- in
the files of the - Building Inspector and the other set shall be
returned to the-. applicant, .together with the building permit, and
shall be kept at the building site, open to inspection by the
Building Inspector or his authorized representative at all reasonable
times.
D. If the application, together with plans, specifications and other
documents filed therewith, describes proposed work which does not
conform to all the requirements of the Uniform Code and 'all other
applicable building regulations, the Building Inspector shall
disapprove the same and shall return the plans and specifications to
the applicant. The Building Inspector shall cause such refusal,
together with the reasons. therefor, - to be transmitted to the
applicant in writing.
Section 25-10. Performance of work under building permit.
A. A building permit. shall be effective to authorize the commencing of
work in accordance with the application; plans and specifications on..
which it is based, for a period of eighteen (18) months after the
date 'of its issuance. For good cause, the Building Inspector may
allow an extension for a period not exceeding six (6) months.
B . The issuance of a building permit shall constitute authority 'to the
applicant to proceed with the work in accordance with the approved
plans and specifications and in accordance with the Uniform Code
and applicable building laws;.-.ordinances or regulations. All work
shall conform to the approved application,. plans and specifications.
Section. 25--11. Building permit fees.
A. Upon filing of an applicatian for a . building permit, fees shall be
paid in accordance with Section 100-141 of the Town Code.
B. In the event that an application for a 'building permit -is not
approved, the applicant shall be entitled to a refund of fifty
percent (500) of the fee paid, provided no construction has been
commenced. If construction work has . been started - and the
application is not approved, the fees paid shall not be refunded.
Section 25-1'2. Revocation of building permit.
The Building Inspector may revoke a building permit theretofore issued
and approved in the following instances:
JULY 3, 1984 7, 2 9.7
A. Where he finds that theee' has -been any false statement or
misrepresentation as to a material fact in the application, plans or
specifications on which the building permit was based.
B. Where he finds that the building permit was issued in error and
should not have been issued in.accordance with the applicable law.
C. Where lie finds that the work performed under the permit is not
being prosecuted in accordance with the provisions of the
application, plans or specifications.
D. Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building
Inspector.
Section 25-13. Stop orders.
Whenever the Building Inspector has reasonable grounds to believe that
work on any building or structure is •being prosecuted in violation of the
provisions- of .-the :Uniform Code- -or ..other applicable building laws,
ordinances or regulations and not in conformity with the provisions of an
application, plans or specifications on the basis of which a building
permit _ was --.issued, or •in an unsafe• and dangerous manner,• he shall
notify the owner of the property, or the owner's agent, or the person
performing the work, to suspend all work, and any such persons shall
forthwith stop such work and suspend all building activities until the
stop order has been rescinded`. Such order and notice shall be in
writing, shall state the conditions under which the work may be
resumed, and may be served upon a person to whom it is directed either=
by delivering it personally to him or by posting the same upon a
conspicuous portion of the building under construction and sending a
copy of the same by certified mail..
z
Section 25-14. Right of entry.
Any building inspector, upon the showing of proper credentials and in
the discharge of his duties, may enter upon any building, structure or
premises at any reasonable hour, and no person shall interfere with or
prevent such entry.
Section 25-15. Certificate of occupancy.
A. No building hereafter erected shall• be used or occupied in whole or
in part until a certificate of occupancy shall have been issued by
the Building Inspector.
B . No building hereafter enlarged, extended or altered, or upon which
work has been performed which required the issuance of a building
permit, shall be occupied or used unless a certificate of occupancy
shall have been issued by the Building Inspector.
C. No change shall be made in the use or type of occupancy of an
existing building unless a certificate of OCCUP311cy authorizing such
change shall have been issued by the Building Inspector.
D. The owner or his agent shall make application for a certificate of
occupancy. Accompanying his application and before the issuance of
a certificate of occupancy, there shall be filed by the Building
Inspector an affidavit of the registered architect or licensed
Professional engineer who filed the original plans, or of the
registered architect or licensed professional engineer who
supervised the construction of the work, or of the building
contractor who supervised• the work and who, by reason of his
experience, is qualified ' to superintend the work for which the
certificate of occupancy is sought. This affidavit . shall state that
the deponent has examined and' approved plans of the structure for
which a certificate of occupancy is sought, that the structure Ilas
been erected in accordance with approved plans and, as erected,
complies with the Unform Code and other laws governing building
construction except insofar as variations therefrom have been
legally authorized. Such variations shall be specified in the
affidavit.
Section 25-16. Inspection prior- to issuance of certificate.
A. _Before issuing a certificate of occupancy, the Building Inspector
shall examine or cause to be examined all buildings, structures and
sites for which an 'application has been :filed for a building permit
to construct, enlarge, alter, repair,. remove, demolish or change
2 9 8 JULY 3, 1984
the use or occupancy; and he may conduct such inspections as he
deems appropriate from time to time during and upon completion of.
the work for which a building permit has been issued.
B. There shall be maintained by the Building Inspector a record of all
such -examinations and inspections, together with a record of
findings of violations of the Uniform Code and other applicable
laws.
Section 2547. Issuance of certificate of occupancy.
A. When, after final inspection, it is found that the. proposed work has
been completed in accordance with the Uniform Code and other
applicable building laws, ordinances and regulations, and also in
accordance with the application, plans . and specifications filed in
connection with the issuance of the. building permit, the Building
Inspector, upon the payment of the fees specified in Section 100-14LI
of the; Town Code, shall issue a certificate of occupancy upon the
form provided by him. If it is found that the proposed work has
not been properly completed, the Building Inspector- shall refuse to
issue a certificate of occupancy and shall order the work completed
in conformity with the building permit and in conformity with the
Uniform Code and other applicable building regulations.
B. The certificate of occupancy shall certify that the work has been
completed and that the proposed use and occupancy is in conformity
with the provisions of the Uniform Code and other applicable
building laws, ordinances and regulations, and shall specify the use
or use's and the extent thereof to which the building or structure-
or its several parts may be put.
Section 25-18. Temporary certificate of occupancy.
Upon request, and the payment of a fee of $15. 00, the Building
Inspector may issue a temporary certificate of occupancy for a building
or structure or part thereof before the entire work covered by the
building permit shall have been completed, provided such portion or
portions as have been completed may be occupied safely without
endangering, life or the public welfare.
Section 25-19'. Tests.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform with the
requirements of the Uniform Code or the applicable building. laws,
ordinances or regulations, the -Building Inspector may require the same
to be subjected to tests in order to furnish proof 'of such compliance.
Section 25-20... Penalties for offenses; exceptions'.
A. It shall be unlawful for any person, form or corporation . to
construct, alter, repair, move, remove, demolish, equip, use or
occupy or maintain any building or structure or portion thereof in
violation of any provisions of this chapter, or to fail in any manner
to comply with a notice, directive or order of the Building
Inspector, or to construct, alter or use and occupy any/ building or
-structure or part thereof in a manner not permitted by an approved
building permit or certificate of occupancy.
B. For each offense against any af• the provisions of the Uniform Code
or.,.of :.this;,chapter .or.•any .regulations made pursuant - thereto, or
failure to comply with a written notice or order of any Building
inspector -within the time fixed for compliance therewith, the owner,
occupant, . builder, architect, contractor or their agents or any
other_ person _who commits, - takes part or assists in the commission
of any such offense or who shall fail to comply with a written order
or notice of any Building Inspector shall, upon a first conviction
thereof; be guilty of a violation punishable by a fine of not
exceeding five hundred dollars ($500.) or imprisonment for a period
not to exceed fifteen (15)' days, or. both. Each day on which such
violation shall occur shall constitute a separate, additional offense.
For a second and subsequent conviction within eighteen months
thereafter, such person shall be guilty of a violation punishable by
a fine not exceeding one thousand five hundred dollars ($1,500.) or
imprisonment for a period not to exceed fifteen. (15) days, or both
such.,fine and imprisonment.
I.
JULY 31 1984 299
Section 25-21. Abatement of violations.
Appropriate actions and proceedings may be taken at law or in equity to
prevent unlawful construction or to restrain, correct or abate a violation
or to prevent illegal occupancy of a building, structure or premises or
to prevent illegal acts, conduet or business in or about any premises;
and those remedies shall be in .addition to the penalties prescribed in the
preceding section.
11 . The Southold Town Fire Prevention Code, constituting Chapter 45 of the
Southold Town Code,- and the Housing Code of: the Town of Southold,
constituting Chapter 52 of the Southold Town Code are hereby..repealed.
III . This local law shall take effect upon its filing with the Secretary of
State.
SUPERVISOR MURPHY: Any questions on it? (No).response.) I have one comment
to make. If'you'll look on Paragraph B, Section 25-3, first page. The Assistant
Fire Inspectors. I. checked with Bob Tasker, this is at the discretion of the Board.
We can have them or we cannot have them. We do not have to have them.
COUNCILMAN SCHONDEBARE: They were abolished, so if we want to put them in,
we can put them in.
SUPERVISOR MURPHY: We have the authority to put them.
COUNCILMAN SCHONDEBARE: So right. no.w•..we're not doing anything.
SUPERVISOR MURPHY: We're not doing anything, right.
8.: Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly- ADOPTED.
SUPERVISOR MURPHY: Number 9, public hearing change of time.
9. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby changes the time
for public hearings to be held on July 17, 1984 for relief from the Bulk- require-
ments of the Zoning Codg of the Town of Southold as follows:
From 8: 00. P.M. to 3:35 P.M. - Edward J. Nalbantian 8 Charles A. Nalbantian
From 8:05 P.M. to 3:40 P.M. - Briscoe R. Smith
9. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.•
SUPERVISOR MURPHY: Number 10, appoint a part-time Clerk-Typist.:
.10. Moved by Justice Edwards, seconded :by. Councilwoman Cochran, it was
RESOLVED that the Town Board -of the Town of Southold hereby appoints Dorothy
Sue Midgley as a part-time Clerk-Typist in the Building Department, effective July
5, 1984, at a salary of $5.00 per hour.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN' SCHONDEBARE: Yes,.. who did she work for in' Riverhead until
recently, up to June, it says "dental office," but who was it?
SUPERVISOR MURPHY: 1 don't know, Jay, to tell you the truth.
COUNCILMAN SCHONDEBARE: How come she's going from a dental assistant to
a Clerk-Typist.
COUNCILMAN TOWNSEND: She was records, bookkeeping, filing.
SUPERVISOR MURPHY; She was keeping the bookkeeping records.
COUNCILMAN SCHONDEBARE: She's .got a degree in'Dental Assistant.
COUNCILMAN STOUTENBURGH: It doesn't say a degree, does it?
COUNCILWOMAN COCHRAN: Type of degree received: 'Dental Assistant, 5177.
COUNCILMAN STOUTENBURGH: She'd make a lot more money as a Dental Assistant.
SUPERVISOR MURPHY: If you'll .look, it's a temporary job to see if she works out
and if 'she can take the test and if she works out in. the office, then she will be
interviewed- by the Town Clerk and Chris and myself: and hired. Okay? (No.
response.) Any other questions? (No response.)
300 JULY 3, 1984 .
10.. Vote of the Town Board: Ayes: Counci1w6riian Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11, another lead agency.
11. Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
RESOLVED that the Southold Town Board declares itself lead agency in regard
to the State Environmental Quality Review. Act, in the matter of the application
of Thomas D. MacDougall for a Wetland Permit on certain property located on
Arshamomaque Pond, at 1275 Mill Creek Drive, Southold, New York.. -
SUPERVISOR MURPHY: Any`questions? (No response.)
11. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is environmental assessment, non-significant
or significant.
COUNCILWOMAN COCHRAN: Can. l ask a question on this?
SUPERVISOR MURPHY: Yes.
COUNCILWOMAN COCHRAN: The Trustees had ' recommended we separate this
application, but to me this appears that it's as one application, both the dredging
and putting in the bulkhead.
TOWN CLERK TERRY: The Town Board. doesn't act on the dredging. They can
just act on the bulkhead, and the Trustees recommended denial of the bulkhead.
And then you have an amended recommendation from the Trustees that was more
specific in the reasons for the denial.
COUNCILWOMAN COCHRAN: Right.
COUNCILMAN STOUTENBURGH: We.can act independently of SEAR, then we don't
have to go through all this, can't we just deny it?
SUPERVISOR: MURPHY: You have to deny--
COUNCILMAN SCHONDEBARE: Without prejudice again, because we get caught,
don't we?
SUPERVISOR MURPHY: It has to be :a significant determination, .that it is likely
to have a significant effect on the environment. Then it's up to the people then
to decide.
COUNCILMAN TOWNSEND: Are you offering that resolution`?
SUPERVISOR MURPHY: Yes.
COUNCILMAN TOWNSEND: Then I second it.
SUPERVISOR MURPHY: Okay.
1.2. Moved. by Supervisor Murphy, seconded by- -Councilman .Townsend,
WHEREAS, The Land Use Company,,.on 'behalf of. George Sweeny, .applied to the
Southold Town Board, pursuant to Chapter .44 of: the Code of. the Town of Southold,
for permission to install timber bulkhead at .the end of Mason Drive, on Haywater.
Cove, Cutchogue, New York,
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
I. That pursuant to the provisions of Article 8 of the Environmental Conserva-
tion Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations,
and Chapter 44 of the Southold Town Code, ;.the Southold Town Board, as lead agency,
does hereby determine that the action proposed is a Type I action and is likely to have
a significant effect on the environment.
2. That the Town Clerk shall file and circulate such determination as required
by the aforementioned law, rules and code.
3. That the Town Clerk immediately notify The Land Use Company, on .behalf
\of George Sweeny, of this determination, and further request said applicant to
prepare a draft environmental impact statement, all in accordance with said law,
rules and code.
12. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
.This resolution was :declared duly ADOPTED. _
JULY 3, 1984 30.1
COUNCILMAN SCHONDEBARE: Now 'we'have to make a decision on the wetlands
and we've got to deny it without prejudice.
SUPERVISOR MURPHY: Be denied without prejudice.
COUNCILMAN SCHONDEBARE: We have to, this is how we get caught.
13. Moved by Councilman Schondebare, seconded by Councilwoman Cochran,
WHEREAS, The Land Use Company, on behalf of George Sweeny, applied to the
Southold Town Board for a permit under the provisions of the Wetland Ordinance
of the Town of Southold, application dated April 25, 1984,. and , . .
WHEREAS, said application was referred .to the Southold Town Trustees and Southold
Town Conservation .Advisory Council for their findings and recommendations, and
WHEREAS, a public hearing was held by the Town Board with respect to said
application on the 19th day of June, 1984, at which time all .interested persons were
given an opportunity to be heard, now, therefore, be it
RESOLVED that The Land Use Company, on behalf'of George Sweeny, be Denied
permission, without prejudice to:reapply, under the provisions of the Wetland
Ordinance of the Town of Southold to install timber bulkhead at the end of Mason
Drive, on Haywater Cove, Cutchogue, New.York.
13. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR. MURPHY: Number 14 1 don't know if you want to act on or we should
talk about this and bring it up at the next meeting.
COUNCILMAN SCHONDEBARE: . I think it's a great idea. t
SUPERVISOR MURPHY: Would you like to act on it?
COUNCILMAN SCHONDEBARE: I'd act on it 'right now if we can agree on it. . 1
would amend it only in one 'sense, 1 would leave the Regular Meetings and Special
Meetings' and' 1. would: say, like five minutes"**'and. Public Hearings at ten minutes.
SUPERVISOR MURPHY: Why. don't ..you' give me your input on it for the next
meeting? We'll .make up a revised resolution. v17
COUNCILMAN TOWNSEND: Why do we have to make a it a resolution, Frank., w.hy
can't you just make it a general statement before people speak, then' it's your
option, you're the Chair, and if there's only two or three people out there and
the issue is an interesting issue, there's .no need to' do that, but if its filled
like it was today, then you could set up any time schedule you want.
COUNCILMAN STOUTENBURGH: I dislike this idea of saying a person can only
have five minutes.
SUPERVISOR MURPHY; All right, you dislike it. Jean?
COUNCILWOMAN COCHRAN: I think you have to have a restriction, but rather
than as a adopted resolution the Chair can control this and in any public session
.there are rules of .debate, so at the beginning of the meeting, if it is a public
hearing, you- could say that there is a. limit of five minutes to allow everyone to
have the opportunity to speak and at the discretion of the Chair you control •it.
COUNCILMAN STOUTENBURGH: You know the ones that talk.
SUPERVISOR MURPHY: Judge Edwards?
JUSTICE EDWARDS: 1 agree with the four of you--
SUPERVISOR MURPHY: All right, .there is not enough votes here for this,.- If
you'd give me your comments and we'll see if we could work.'up something. w , ,
COUNCILWOMAN COCHRAN: I'd like to discuss it more.
SUPERVISOR .MURPHY: Okay, Number 15.
15. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby abolishes the
Standing Committee known as the "Youth Committee," and hereby establishes a
new Standing Committee to be known as the "Recreation Committee."
15. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
3 02 JULY 3, 1984
16. SUPERVISOR MURPHY: I would like to appoint the following Board Members to the
following Standing Committees:
Recreation Committee: Councilwoman Cochran
Councilman Schondebare
Councilman Stoutenburgh.
Commerce S Industry: Councilwoman Cochran
Highway Committee: Councilwoman Cochran .
Councilman .Schondebare
Planning Water Advisory Councilwoman Cochran
COUNCILMAN SCHONDEBARE: Can't get of Landfill, huh?
COUNCILWOMAN CO;CHRAN: Frank, on the Recreation Committee, who will be
serving as Chairperson of that Committee?
SUPERVISOR MURPHY: I would like you to, Jean. The first person named.
And I would like to meet with you, Jean, so we could set up one at the end of
this week or early next week, a meeting to establish what we're going to look-
for. We're getting near the time to do a budget. and it's most important to have
this established first. Okay?
COUNCILWOMAN COCHRAN : Okay.
SUPERVISOR MURPHY: We have to vote on it.
TOWN CLERK TERRY: No, that's a Supervisor's appointment.
SUPERVISOR MURPHY: My appointment,. okay.. Number 17 is for me to execute
a Stipulation of Discontinuance.
17. Moved by Supervisor Murphy, 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 Stipulation of Discontinuance
in the matter of the, Town of Southold, Plaintiff, against Robert J. Douglass and
Nancy„ R. Douglass and Willow Terrace Farms, Inc., Defendants.
17. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy®
This resolution was ,declared duly ADOPTED.
SUPERVISOR MURPHY: Number. 18.
18. Moved by Councilman Schondebare, seconded, by Justice. Edwards, it was..
RESOLVED that -the'Town. Board. of.the Town of Southold .hereby authorizes and
directs Supervisor Francis J. Murphy to execute the 'EPA Outlay Report and Request
Tor Reimbursement for Construction Pro rams in respect to the Southold Scavenger
Waste Project, Federal/New York State Reimbursement.
SUPERVISOR MURPHY: First of many.
18. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice. Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was ,declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is a very important one for the Town.
19. 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 2.796 acres of land on the north side of Lower'Road, Southold, New
York, from Edward A. Prechtel and Eleanor M. Prechtel, his wife, at a purchase
price of $16,000. 00 and be :it further
RESOLVED that the Town Board hereby authorizes. and directs Supervisor Francis
J. Murphy to execute any and all documents relative to the purchase .of said ,
property from Edward A. Prechtel and Eleanor M. Prechtel.
SUPERVISOR MURPHY: Any. questions on it? (No response.)
19. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 we're going to hold. (Order providing for a
public hearing relative to the establishment of the Captain Kidd Water District.)
Number 21, a public hearing.
21. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of. the Town of Southold will hold a public hearing
JULY 3, 1984 303
at the Southold Town Hall, Main Road, Southold, New York, on the 17th day of
July, 1984, at 3:45 P.M. , at which time and .place all interested persons will be
given an opportunity to be heard upon the following matter: "A Local Law in
relation to the regulation of housebarges and residential boat use in the Town of
Southold," which reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Article IV of Chapter 32 (Boats, Docks and Wharves) of the Code of
the Town of Southold" is renumbered Article V and Sections 32-40, 32-41, 32-42
and 32-43 are renumbered 32-50, 32-51, 32.52 and 32-53, respectively.
11. Chapter 32 (Boats Docks and Wharves) of the Code of the Town of
Southold is "hereby amended by adding a new Article thereto to be Article IV
to read as follows:
ARTICLE IV
HOUSEBARGES AND RESIDENTIAL BOAT USE
Section 32-40.. Legislative intent.
The Town Board finds that watercraft are being used for strictly
residential purposes on waterways within the Town of Southold.. The
proliferation of this type of use is expected to create significant environmental
problems if their proliferation remains unchecked.
The Town Board recognizes that the waterways surrounding the Town are
one of the primary recreation areas on Long Island. They are used for
swimming, fishing and boating by many of the local residents and visitors.
' Furthermore, waterways are a major commercial resource providing food and
employment for. the harvesters .of fish and shellfish. It is well known that
shellfish taken commercially from said waterways are distributed to all parts'of
the Eastern Seaboard. The Town of Southold has expended large . sums to
develop and protect the harvestable clam stock.
The Town Board acknowledges its duty to protect the health, safety and
welfare of its residents and visitors. "The maintenance of high water ,.quality is
vital to the use of said waterways for recreational and commercial s�purposes.
The avoidance of all uses and activities which could introduce polution in these
waterways is of constant concern.
The potential influx- of craft and vessels for residential purposes creates
a substantial hazard to water quality in said waterways. The residential use of
these.vessels is contrary . to the established character of the Town of Southold
and will . severely diminish the recreational and commercial use of ---said
waterways. .
Congregation of residential boats and marinas catering to their use will
_ likely create problems which. - include in addition to water pollution, trash,..
storage and removal, fire protection, police protection, emergency energy
requirements during power failures, loss of mooring poles during winter
months, drainage and sinking during storms, all being hazards which the local
government must consider and provide for.
The Town Board recognizes that the Town of Southold consists primarily
of developed year-round residential neighborhoods. Recreational uses are
incidental to the residential uses.
The residents of Southold are entiffed 'to have these water resources
protected .from potential pollution. It is in their interest to restrict and/or
prohibit long-term residential use on the waterways of the Town of Southold.
Section 32-41. Definitions.
As used in this article, the following words are intended to include and
be defined as follows:
HOUSEBARGE - Any vessel or craft used or designed to be used on the
water surface and to provide residential accommodations with sleeping and
toilet facilities whose volume coefficient is greater than 2,500 cubic feet.
Volume coefficient is the ratio of the habitable space of a vessel measured
in cubic feet to the draft of a vessel measured in feet of depth. Habitable
space is any enclosed area used or designed to be used for a person to
sleep, sit or eat.
MARINA - Upland property, in or adjacent to a town waterway, which is
used as a dock 'or mooring base for more than one vessel or craft not
owned by the marina owner.
304 JULY 3, 1984
RESIDENTIAL BOAT USE - Occupancy overnight by one or more people
on a vessel or, craft containing sleeping and toilet facilities.
TOWN WATERWAYS - All tidal waters bordering on or within the Town of
Southold including, but not limited to, bays, sounds, creeks, estuaries,
inlets, and all tributaries thereof, and extending seaward to a point 100
feet from the mean high water line.
Section 32-42. Prohibition of housebarges.
The storage or Use of housebarges is prohibited.
-
Section 32-43. Residential boat use. .
Residential boat use exceeding four (4) nights in any seven (7)
consecutive night period is prohibited in town waterways.
Section 32-44. Marinas.
A. Mooring or docking of a housebarge at a marina is prohibited.
B. Mooring or docking for residential boat use at a marina is prohibited when
it exceeds four (4) nights in any seven (7) consecutive night period.
Section 32-45. Severability.
If any clause, sentence, paragraph, section or part of this Article shall
be adjudged by any Court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder of this Article,
but shall be confined in its operation to the clause, sentence, paragraph,
section or part ;thereof directly- involved in the litigation in which such
` judgment shall have been rendered.
Section 32-6. Effective date.
i
This Local Law shall be effective upon its filing with the Secretary of
State.
COUNCILMAN TOWNSEND: This :is a rather lengthy Local Law. Basically it
limits or eliminates use of a housebarge as defined as a boat having a living
unit of a certain ratio to its base and having no means of locomotion,-and also
regulates the amount of days you.can spend on' a yacht or boat, the consecutive
days on a yacht or, boat, and this .is to eliminate those people that live on small
boats or large boats in' back waters which is a significant cause of pollution.
COUNCILMAN STOUTENBURGH:. But .1 think we missed the point here, and Bob,
do you have that handy? The very .back 'page, down the bottom, it's B. "Mooring
and docking for residential boat use," and I'd like to take out "at a marina", in
Town waters. Marinas are in Town waters and Town waters are what we're talking
about. These boats come.in our Town waters and stay over night and could stay there
four days, not jusf marinas,i:'!in Town waters" that should say, "is prohibited."
I
TOWN ATTORNEY TASKER: It says the "mooring for residential uses at a marina."
COUNCILMAN STOUTENBURGH: "Mooring and docking of. residential boats." ,
TOWN ATTORNEY TASKER: All right, now you go up to 32-43. "Residential
boat use.." "Residential' boat use exceeding four (4) nights in any seven (7)
consecutive night period is prohibited in.Town waterways."
COUNCILMAN 'STOUTENBURGH: But that's houseboats.
TOWN ATTORNEY TASKER: That's residential houseboats, and a residential house-
boat is prohibited for the same number of days in a marina.
COUNCILMAN STOUTENBURGH: All right, I. see that now. All right.
TOWN ATTORNEY TASKER: So called "housebarges" are eliminated completely and
it has nothing to do with whether they have a motor or not.
COUNCILMAN TOWNSEND: I'm sorry,- V thought I read that there.
TOWN ATTORNEY TASKER: No, I don't think so. I don't know where it came
from.
COUNCILMAN TOWNSEND: Wait a second now, I thought I read something -there,
of course, it was two in the morning. Where's the definition section?
TOWN ATTORNEY TASKER: It's on the top of page 2.
JULY 3, 1984 3 0 5
COUNCILMAN TOWNSEND: , Sorry,, it must have been. in another one 1 read.
SUPERVISOR MURPHY: Okay, any further questions?.
21. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22.
22. Moved' by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town. Board of the Town of.Southold hereby determines that
the New York State Department of Environmental Conservation should assume
Lead Agency in the matter of the various petitions of Brewer Yacht Yard at
Greenport, DEC Project Number 10-84-0766.
22. Vote of the Town Board: Ayes: Councilwoman.Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILMAN STOUTENBURGH: One of the things I think we make. sure we get
input into this somehow to.the DEC, is that if they're going to do this they should
have pump-out facilities at the docks., .because we're going to see in the future this
whole idea of people living on boats in marinas: and what have you, and this is out
of our jurisdiction, but I think we can work it through the DEC, and they're going
to be hooked up right to 'a sewage system, I think that's the only way you can
control this.
SUPERINTENDENT. OF .HIGHWAYS DEANc:' :fsn't that Slate: Law, Paul? �
COUNCILMAN TOWNSEND:',' No, you can't pump your heads, theoretically, but' that's
not enforced.
COUNCILMAN STOUTENBURGH: IIm.'not saying that. I'm saying that there should
be pump-out facilities on the dock .so the boat can hook right to it, so then the
person can, stay for a week on his boat-- .
SUPERVISOR MURPHY: We just said we can't. We'll .have a Local Law:now.
COUNCILMAN _STOUTENBURGH:. But this is in Greenport, we have no jurisdiction
there. We have no jurisdiction, and the only way it..can get input,- I saying, is
through writing the DEC.
SUPERVISOR MURPHY: Okay: Number 23 granting Country Time Cycles to use
some roads in Mattituck.
23. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town. of Southold hereby grants permission
to Country Time Cycles to conduct their Third Annual Superstar (running - bicycle
riding race) Contest, on Sunday, July 29, 1984, beginning at 8:00 A.M. and lasting
approximately two (2) hours, .and .use the following Town Roads for this race: Elijah's
Lane, Oregon Road, Grand Avenue, Wickham Avenue, and Bridge Land, provided
they secure the necessary insurance to hold the Town of Southold harmless.
SUPERVISOR MURPHY: Any questions? (No- response.)
'':23. Vote of the Town Board: Ayes: -Councilwoman Cochran, Councilman Schondebare,
r; Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
a
SUPERVISOR MURPHY: Number 24 is to set a public hearing.
24. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 3:30 P.M. ,
Tuesday, July 31, .1984, Southold Town Hall, Main Road, Southold, New York, ,as
time and place for a Public Hearing omn the application of Costello Marine Contract-
ing, Corp., on behalf of Anthony Tamburrino, for a permit under the provisions of :.
the Wetland Ordinance of the Town of Southold to construct bulkhead and backfill
on Hog Neck Bay, at 85 Watersedge.Way, Southold, New York.
COUNCILMAN STOUTENBURGH: Pd .like to say something here. Isn't this one
that there's.no need for?
COUNCILMAN SCHONDEBARE: The Trustees are in agreement that the proposed
bulkhead is actually a retaining wall, is that what you're talking. about, Paul?
COUNCILMAN STOUTENBURGH: - Yes.
COUNCILMAN SCHONDEBARE: So if it's .a retaining wall, why are we having a
wPtlanrl hnarinrO
306 JULY 3, 1984
TOWN CLERK TERRY: I put additional information in your box that the Building
Inspector, who is our wetland inspector, determined that this iswetlands. We
didn't do a lead agency in' this because the DEC has already done it, so we can
have the public hearing.
COUNCILMAN SCHONDEBARE: This is another case.where we have the Trustees,
in'thisparticular case, they're saying it's not wetlands, and in' this particular .
case, we've got the Building Inspector saying it is wetlands.
COUNCILWOMAN COCHRAN: That's .right.
COUNCILMAN SCHONDEBARE: And I think, Frank, weren't you going to do
something about that the last time we brought this up?
SUPERVISOR MURPIHY: Not me, nope. Paul was.
COUNCILMAN SCHONDEBARE: :: Paul, were you in charge of that?
COUNCILMAN STOIJTENBURGH: You're talking about dynamite now.
TOWN CLERK TERRY: -In the Wetland Ordinance it says the Building Inspector
is the enforcement :officer.
COUNCILMAN SCHONDEBARE: I know, but there's something wrong. You can't'
have Trustees and 'Building Inspectors saying it different ways. , This is`silly. It's
got to be changed.!
COUNCILMAN STOUTENBURGH: What they should be doing is inspecting these
things together to 'make a determination.
COUNCILMAN SCHONDEBARE: And not two different ones in writing. "
SUPERVISOR MURPHY: Can't have two determinations. Jay, would you--or you
and Paul coordinate that?
COUNCILMAN SCHONDEBARE: Yes, let's .do something about that, okay?. That's
silly.
COUNCILMAN STOUTENBURGH: Yes, let's do something.
SUPERVISOR MURPHY: This is embarrassing.
COUNCILMAN SCHONDEBARE: It is:
24, Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy..
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Another public hearing for permit fees.
25.' Moved by Counci4woman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold will hold a public hearing
at the Southold Town Hall, Main Road, Southold, New York,. on the 17th day of
July, 1984, at 3:50,P.M. , at which time and place all interested persons will be
given an opportunity to be heard upon the following matter: "A Local Law in
relation to permit fees for signs," which reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Section -100-141,; SubdivisionJ(1) (Permit Fees) of the Code of the Town of
Southold is amended by adding thereto a new -subsection, to be subsection
(f), to read as follows:
(f) Signs. The fee for all signs, except signs permitted by Section
100-30C(6) (a), shall be twenty-five cents .(0.25) .for each square
foot of sign area,. with 'a 'minimum fee of five ($5.) dollars.
11. This local law shall take effect upon its filing with the Secretary of State.
SUPERVISOR MURPHY: Any questions? (No response.)
25. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was-declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26. is our dental plan.
JULY 3, 1984 307
26. Moved by Councilman Schondebare, seconded.by: Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes all
Elected Officials, and all Appointed Officials making $7,500. 00 and above per annum,
to participate in the CSEA Benefit Fund. The Town to pay $250. 00 and the Officials
to contribute $150. 00 per annum.
ELECTED OFFICIALS APPOINTED OFFICIALS
Francis J. Murphy, Supervisor Robert W. Tasker, Town Attorney
Joseph L. Townsend, Jr. , Councilman Raymond L. Jacobs, Deputy Superin-
Raymond W. Edwards, Justice tendent of Highways
Paul Stoutenburgh, Councilman James C. McMahon, Community
James A. Schondebare, Councilman Development Director
Jean W. Cochran, Councilwoman Victor G. Lessard, Executive Administrator
Judith T. Terry, Town Clerk
Raymond C. Dean, Superintendent of Highways
Frederick J. Tedeschi, Justice
William H. Price, Jr. , Justice
George Mellas, Receiver of Taxes
Henry P. Smith, Trustee
John L. Bednoski, Jr. , Trustee
Frank A. Kujawski, 'Jr. , Trustee
John M. Bredemeyer III,, Trustee
Charles C. 'Watts, Assessor
Frederick E. Gordon, Assessor
Scott L. Harris,, Assessor
26. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 27 is not on your agenda and it's .an Order on
Consent for the Fishers Island Development Corporation.
27. Moved by Councilman Townsend, seconded by Supervisor Murphy, it was
RSOLVED that the Town Board of the Town of Southold hereby authorizes the Fishers
Island Development Corp. to execute an Order on Consent from the New York State
Department of Environmental Conservation with reference to the Matter of the Alleged
Violation of Section 17-5.09 of the New York State Environmental Conservation Law,
SPDES Permit NY0119214, Construction Grant, with relation to the construction of
community disposal system and .individual septic systems as per Construction Grant
Project Facility, ID No. :NY019921.4.
27. Vote of the Town Board: . Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is a resolution to pay Szepatowski Associates
$1, 184.00 for the work on the Silverman report.
28. Moved by Supervisor Murphy, :seconded by Councilman Stoutenburgh, it -was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the.
payment of Szepatowski Associates Inc. voucher in the amount of $1,624.00, which
includes services of a Senior Professional Planner,..Environmental Planner, and
Environmental Designer in .the ,amount. of $1,.184. 00 with reference to the Silverman
Wetland application.
COUNCILMAN SCHONDEBARE: With the thought in mind we'll .never do this again
go along with it.
`.28.. Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh,
Councilman,Townsend, Supervisor Murphy. No: ` Councilwoman Cochran, Justice
Edwards.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this point I would .like to recess the Regular
Town Board meeting so that we can go over the bills and then approve them .fog;
payment. I would like to also, before we recess, I would like--I'm very sorry--
Is there anyone who would like to comment from the floor? Sir?
MR. STUART HARVEY, Southold: I'll make it short. Most of the. stuff gets
thrown out anyway. Southampton seems to have quite a problem on combatting
this burm deal and they've gone to court and everything else on it. Is the
Town going to look into this before we get into a muddle with it? Have we
throught of it or anything? _
COUNCILMAN STOUTENBURGH: We already have one.
TOWN ATTORNEY TASKER: We already have it in the .Code.
308
0 v o JULY 3, 984
MR. HARVEY: Okay. In other words, we already know about it?
TOWN ATTORNEY. TASKER: Oh, yes.
MR. HARVEY: Okay. Why'd you spend $16,000.00 for two and -three quarter
acres of .land?
SUPERVISOR MURPHY: Lower Road.
MR. HARVEY.: For what?
.'COUNCILMAN STOUTENBURGH: The big water hole, you know where it 'is?
And we're going to� build a sump.
MR. HARVEY: Okay, long as I know what you did'with the money. No problem.
COUNCILMAN STOUTENBURGH: We're trying to make a sump there.
MR. HARVEY: I find out--I., go to these different meetings. I've not only been
pestering you people, but I've been with the Trustees and the.Appeal Board.
There's no communication between any of the Boards. I can hear questions being
asked there,; .that were answered' .here. But I'm not going to get up and tell them
yeah, this is the decision, 1. mean, something's got to be done. They waste more
time on these Boards and F think there's .more problems because of misunderstanding
that you don't know what the other guys are doing. Plus the fact7-1 don't know if
you control over the other Boards, but this is the only one you can find names on
who's who. Peoplel come in here and they wonder who the people are. And I think
something should be done about this: Can you people do anything about it? Tell
them they should have signs .on all of them so .the people coming in--I .mean, bad-
enough people go here two or :,three times, but a person coming in' there.once; they
wonder who's all these characters. I think we should do something about it.
SUPERVISOR MURPHY: We could do that, yes. It's .a good point. _
MR. HARVEY: Oh; yeah, the dump. Pardon me, the disposal unit. It looks nice,
it seems nice, I 'go ,dump my. garbage,it's .nice, but seems an awful lot of people
there.. Would anybody care to tell me how January 1 against this month on people
we have working and how much money it 'costs to operate that place? No?
r
SUPERVISOR MURPHY: Not right now. Why don't you. come to the Landfill Meeting
the next time and we could discuss it ,:.or I'll get you some figures too.
MR. HARVEY: Okay. You got a fire house there, I don't think it's going to reach
the second. container. Check it some time.
SUPERVISOR MURPHY: It will.
MR. HARVEY: It will? The end of the container?
SUPERINTENDENT OF HIGHWAYS DEAN: Yes.
SUPERVISOR MURPHY: Don't stand in it. Don't stand in the way.
MR. HARVEY: Okay. Who's going to monitor this .job employment of this Cross
Sound Ferry? They're going to tell you they're going to hire these people, how
you going to know .they keep complying with it? What kind of guaranatee do we
get, or do we have�to watch these guys?
SUPERVISOR MURPHY: Cooperation inspection.
i
COUNCILMAN SCHONDEBARE: We haven't even done that one yet. That was
during the Work Session. I haven't even read it yet.
MR. HARVEY: No, I mean are you going to try -and work something then that if
we do have twenty people from Town that we know they're there? Would we .be
notified if they're not? They may just gradually,phase them out and the first t
thing you know we don't. have them.
COUNCILMAN TOWNSEND: I would assume that during the seven years loan :that
HUD would be responsible for monitoring, since that's .the purpose of they're loaning
the money. We're responsible for that loan, but that's just an' assumption. Jim
maybe you can enlighten us.
MR. HARVEY: Okay, I'II .give you one more and then. I'll quft,and I'll save the
rest for Frank. Last year I. said the' same thing. -You're going to hire a Building
Inspector. When you do, why don't .you make. sure he's on the Fire;:Inspector's
list too. Maybe you' can 'get a--bonus, you can get., a guy that's good. for two things.
You could look and see. 1. mean, one of those guys is bound to have the both
qualifications:
JULY 3, 1984 309
COUNCILMAN SCHONDEBARE: We have a Fire .Inspector.
MR. HARVEY: You're going to need another one the way you're going. 'No, 1
mean this other guy's a Building Inspector, be qualified. then to be--we could use
them :either way, right? Now, this guy's .temporary that we have, I understand,
right?
SUPERVISOR MURPHY: Yes, because of Civil SErvice.
MR. HARVEY: Right.
COUNCILMAN STOUTENBURGH: That will'be one of the questions we ask.
MR. HARVEY: Okay, fine. Thank you.
SUPERVISOR MURPHY: Two of our Building Inspectors have certification as Fire
Inspectors also.
MR. HARVEY: I know Horton has, but I didn't know--
SUPERVISOR MURPHY: And so does Lessard.
MR. HARVEY: Oh, okay. Doesn't hurt. Thank you.
SUPERVISOR MURPHY: : Okay, anyone else like to comment? Mr. Bear.
MR. FRANK BEAR, Southold: I timed him, he went six minutes and fourteen and
a half seconds. I would like to say that I'm. very relieved that you didn't pass that
four minute business today and I hope you never will. Very few people actually
go over that time. There are times when it's necessary to do that if you're. going
to document your comments and 1 would.hope that the recommendations that were
made by two or three of you a while ago, that this matter of trying to control the
length of time and the way in'which .people talk, could be left up to the Supervisor
and not put in law, that we can't speak over four minutes.
SUPERVISOR MURPHY: Thank you, Frank. Anyone else like to. comment? (No
response.) If not, at this 'time I would like to recess. Thank you.
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, iewas
RESOLVED that this Town Board meeting be and hereby is recessed at 5:02' P.M.
for the purpose of auditing the outstanding bills..
..Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
WORK SESSION
5:05 P.M. - The Board audited the outstanding bills.
Supervisor Murphy reconvened the Regular Meeting at 5:29 P.M..
Moved by Councilman Stoutenburgh, 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 $34,030.70; General Fund Part:
Town bills in the amount of $12,563.70; Fishers Island .Ferry District bills in
the amount of $12,683. 18; Highway Department bills in the, amount of $75, 102.72;
Federal Revenue Sharing bills in the amount of .$2,642.74;. Capital Account, Waste-
water Treatment Plant bills in".the. amount'of $11 336. 46.
.. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
,Councilman Stoutenburgh, Justice. Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly. ADOPTED.
Moved by Justice Edwards, seconded by Supervisor Murphy, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 5:30 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
.lu ith . rerr
Y -
Southold Town Clerk