HomeMy WebLinkAboutTB-07/31/1984 338
SOUTHOLD TOWN BOARD
JULY 31, 1984
WORK SESSION
Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr.,
Justice Raymond W. Edwards (11 :00 A.M.) , Councilman Paul Stoutenburgh, Council-
man James A. Schondebare, Councilwoman Jean W. Cochran, Town Clerk Judith T.
Terry, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond C.
Dean. .
10: 10 A.M. =. Town Trustee Frank Kujawski, Jr. met with the Board to discuss the
possible employment of Vernon Wermelinger as a part-time Bay Constable for the
Mattituck Creek.. Mr. Wermelinger, a former Nassau County Police Officer, would
be paid by the hour through September loth and supply his own boat, motor, etc.
The Board is very much in favor of the proposal (resolution No. 11) "and feels this
has been needed for a long time.
10:20 A.M. - Town Trustee John Bredemeyer, Jr. met with the Board to discuss a
proposed Local Law requiring the use of. measured bags for commercial scallopers.He suggested that the Trustees purchase and d.istribute .the bags at cost. Through
his 'contacts with the Baymen's .Association he has found total support for such a
program, as well as that of the Bay Constable, since the bags being used at the
present time vary in size and must be dumped into bushel containers to verify the
amount, and .many are oversize. Mr. Roy Park, former attorney for the Easthampton
Trustees, who was in the audience, said that- this program has been going on in
Easthampton and when it was set up the Trustees sold the bags and it worked very
well. After discussion concerning who would sell the bags, Trustee Bredemeyer said
he favors the Trustees selling them, just as the Local. Law is proposed, and the
Board agreed. Resolution No. 28 was put on the agenda for a public hearing on
this local law on August 28th.
11 :00 A.M. .- Planning Board Chairman Bennett Orlowski, Jr. Board of Appeals
member Charles Grigonis, Jr. , Planner David Emilita, and Executive Administrator
Victor Lessard met with the Board to discuss Mr. Emilita's draft of proposed regula-
.
tions for the creation of accessory apartments in existing dwellings. The Planning
Board feels this matter should be addressed separately by a study and not hold up
the Master Plan revision'
.. Mr. Grigonis stated this subject has been addressed _for_
the past twenty-five years but has never been resolved between the various
boards due to the complications which arise during discussion and agreement
could not be reached on its implementation. It was agreed that the homes should
be owner-occupied and should conform to all applicable laws. . Various suggestions
were posed - which zoning districts would permit this, should there be a yearly
renewal permit, should the permit be rescinded if the owner dies and the property
changes hands, perhaps limiting the conversions to houses built before 1940. Because
of the questions that must be resolved this matter was referred to the Zoning, Code,
Master Plan Committee for study and final recommendations.
11: 30 A.M. - Frank Bear, Chairman of the Southold Town Water Advisory Committee
met with the Board to report on the progress of the Water Advisory Committee relative'.
to possible funding for a water treatment program. They met with two EPA repre-
sentatives recognized the unique and pioneering role the Town could pay in helping
to find ways to solve water contamination problems nationwide They suggested the
use of federal super-fund monies which are available for emergency situations and
Southold's water problems seem to fit such an emergency definition. Mr. Bear asked
for the Board's approval to seek proposals from engineering firms regarding the
preparation of applications for possible grants from the EPA. (Resolution No. 41 was
placed on the agenda to meet this request.)=-Mr. Bear said he attended a meeting at
the Cooperative. Extension relative to household .toxic chemical clean-up--Islip Town
has a pilot project. He offered to investigate this further with Southold Town in mind
and report back to the Board at their next meeting.--While Mr. Bear was present the
Supervisor handed out copies of an information sheet relative to the Captain Kidd
JULY 31, 1984 A%
over--
Water District proposal informational meeting:. Councilwoman Cochran and Councilman
Schondebare viewed the information sheet" as biased toward the formation of a district,
which should not be determined by the Board, and object to the Water Advisory Comm-
ittee preparing the sheet and submitting it to the Captain Kidd community without first
presenting it .to the Board members for approval.
11:55 A.M. - The Board reviewed off agenda items: Supervisor Murphy reported Lf�aL
he ha contacted the Suffolk County Department of Public Works to review the Kenneys
Beach and Goldsmith's Jetty matter. , Commissioner Cass, as well as retired former
Commissioner Kammerer advised the Town not to touch the jetty, especially during
pending litigation. Furthermore, former Commissioner Kammerer said that shortening
the jetty, in his opinion, would have no effect on putting the sand back on the beaches,
and the only solution would possibly be low profile groins, but this would require study.
The Briscoe Smith relief petition was reviewed and resolution No. 32 was placed
on the agenda concerning same.
12:20 P.M. - Recess for lunch.
1:55 P.M. - . Work Session reconvened..and the Board reviewed the following off
agenda items: Handicapped non-discrimination regulations; Suffolk County Local
Law to Limit Smoking; proposed Scavenger Waste Pretreatment Facility Ordinance;
Edward J. Nalbantian and Charles A. Nalbantian relief petition (resolution No. 34) ;
expiration of Letter of Credit for major subdivision of Hillcrest, which may be
extended by the Planning Board; Communications III-5(a) and (b) on the agenda
relative `to the issuance of a building permit to Gus Wade and the objections of
the Fleet's Neck Property Owners Association to same. The Board reviewed the
file concerning prior questions in this matter, and will look to the Building Depart-
ment for an answer so they may respond -ito the Fleet's Neck letters.
3:00 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting_ of the Southold Town Board was held on Tuesday, July
31, 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: I'd .like a motion to approve the minutes of the regular
meeting on July 17th, 1984.
Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the minutes of the Regular Meeting of the Southold Town Board held
on July 17, 1984 be and hereby are approved.
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 a resolution to set the next meeting August 8, 1984,
1 :00 P.M. , Fishers Island. This i;s 'our annual meeting there.
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Annual Fishers Island Town Board meeting will: be held on
Tuesday, August 8, 1984., at 1 :00 P.M. , at the Fishers Island School, Fishers
Island, - 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, one more resolution to set August 14th, 1984, 7: 30
P.M. at Southold Town Hall.
Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED: that the. next regular meeting of the Southold Town Board will be held
JULY 31 , 1984 339
on Tuesday, August 14, 1984, at 7: 30 P.M. 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.
Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the audited bills of the Fishers Island Ferry District in the amount
of $109,542. 56, be and hereby are approved for payment.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
1. REPORTS.
SUPERVISOR MURPHY: Moving on to the prepared agenda, the first Item is
Reports. These reports are all on .file with the Town Clerk. f
1. This is probably one of the best news that we've heard in a long time ,
that there might be possibilities, and I say might, but it's better than before
when there was absolutely none, for grants for aid for water districts, special
districts in the Town. The Town is actively pursuing this and thanks to our
Water Advisory Committee. we've.come this far.
2. Councilmen's reports. The first one on my right, Jay?
COUNCILMAN SCHONDEBARE: We had a Police Committee meeting, which basically
was talking about negotiations with the PBA, it's contract time. I won't get into
that, but basically we want to let everyone know that it's up again and we're trying
to negotiate. We then had a Landfill Committee meeting on Tuesday morning at
8:00 o'clock with regards to revision of the fees and we haven't quite finalized the
whole thing but I think we're on our way. We then had a Highway Committee meeting
and some of the things we brought out as a result of a meeting that we had with the
Planning Board with regards to roads in subdivisions. Were making some changes
with regards to those areas. Street Light Committee had a meeting, which consists
of me. I had a meeting. I'm the whole Street Light Committee, I'm it, so I had a
meeting, but I had a meeting with Ray Dean and it was about three requests for
street lights at- different areas in the Town and they've been taken into consideration
and perhaps at the next Town Board meeting we'll act on those requests. We had a-
SEQR Seminar for the Town Board members and actually I was very impressed. You
expect the local officials to all show up; it 'was like 7: 30 on a Friday night. We were
there, but it was nice to see .that the appointed officals to the Planning Board and
those other areas, Zoning Boards, also was there, they -all showed up and we're all
trying to learn the SEQR process so everyone in the Town functions, knows what
we're doing and we're acting in• coordination. And then we had another meeting, we
had a Recreation Meeting this morning and I'll let Chairman 'Jean Cochran mention
that. So it's been a rather busy little two weeks.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: Well, 1 went to most the same meetings that Jay. went to
and so I won't report anything specific until it becomes appropriate to talk about
the revisions we're going to make in our Landfill permits, which are, I think, a step
in the right direction in improving that particular resolution. Went to the Highway
Committee meeting. We were talking about some rather significant changes to procedures
regarding bonding and basically securing these highway improvements. What to do
with abandoned subdivisions, or apparent abandoned subdivisions. Things that will
probably make a lot of waves, but have to be done shortly. At the last Town Board
meeting we heard a report from James Bitses on the feasibility of Southold ,forming
its own Electric Utility. At that point, after reading the report, and listening to
his request for fifteen to twenty thousand dollars for a feasibility study, I told the
Board that I would do a little further research. I have some familiarity with PASNY
and Niagra-Mohawk project and Canadian hydro-power because of my former work
with the Village of Greenport. I have not had a chance to give that report to the
Town Board, but the bottom line is that I do not feel, at this point, prospects are
good enough to warrant expenditure• of fifteen to twenty thousand dollars. The
prospects at getting either PASNY Niagra-Mohawk power or Canadian hydro-power.
won't go into detail now, but I will say that it wouldn't be until at least. 1989 until
we would have the transmission capabilities there. They're talking about Marcy-South
being completed in '87 and then the cables across the Long Island Sound in '89.
Along with that there is litigation now which might negate any hope of:getting a
significant of hydro-power such as the Village of Greenport is getting now from
PASNY. A lot of questions and I .don't think at this point we should go ahead
with a feasibility .study until some of these questions have been answered. That's
all I have.
SUPERVISOR MURPHY: Thank you, Joseph. Paul?
340
JULY 31, 1984
COUNCILMAN STOUTENBURCH: Well I also attended those same meetings. The
Highway, . SEQR, and sat in with the Recreation Committee and we'll leave that for
later, but I did have a very, I think, encouraging meeting as the Waterways
Committee in the sense that we interviewed someone for a Special Bay Constable
in Mattituck Creek. This is long overdue and something I think we're going to be
acting upon in the very near future. What we hope to do. is have a part-ti.me
person and this, by the way, is 'a retired policeman who is going to probably spend
two to three hours a day on patrol at various times, with no.set schedule, sometimes
late in the afternoon, sometimes early in the morning, sometimes on Saturday, some- .
times on Sunday, so that there is no set scheduled and hopefully we'll cut down the
problems of speeding, water skiing and things like that that have been going on in'
the creek that people have been complaining about. Probably that's our most heavily
used creek and as a perfect example, I sat on my brother-in-law's porch the other
day and a boat went, I think literally, fifty miles an hour wide open right up the
creek and there was no one there: to stop them. It's just a shame people are taking
advantage. There are signs all over but people are just taking advantage. I hope
we'll be able to overcome that, and the person we'll be talking about later in the
meeting, we're going to hire.
SUPERVISOR MURPHY: Thank you, Paul. Jean?
COUNCILWOMAN COCHRAN: Yes, after attending Landfill,. Highway, Water Advisory,
and the gentlemen down the line have reported on it, I'm glad they left me my
Recreation. Actually the Recreation Committee did meet .this morning. That :does
consist of Paul Stoutenburgh. and Jay Schondebare. . Jim McMahon did sit in with
us and the purpose of the meeting this morning was to begin to develop a feasible
budget for the 1985 Budget as it's developed. The areas that will be covered as '
far as a Town-wide Recreation Program is concerned is the youth program, the
adult programs and the, senior programs. And. the adult program is as it says, fits
between the youth and the seniors. In addition I feel it's very important that we
do have playground programs which would service children from five to twelve years.
So at this point .we are working to create a budget, which will be a part of the
.budget as it's developed by Supervisor Murphy for the Board to look at. Also I'm
meeting with a young lady from Fishers Island, so we will also have input from
Fishers Island as far as their recreational needs and what programs they now have
in place. On last Thursday I meet with Eileen Kramers, and you've heard me mention
this name before I .sure. She's .the Suffolk County Coordinator for the Safety Belt
Program. I'm presently wading through tons of materials that she has given me and
in time for the next. Board meeting I expect to have a action plan for Southold Town
completely developed which will be presented to the Board for their information and
acknowledgment. It's interesting to note that the national average uses of seat belts
is thirteen percent, and Southold Town falls below that with 11. 3 percent as far as
usage of seat belts. The law takes effect, i believe, December 1st, and they will
begin to enforce it January 1st, so it would behoove us to begin this program as
soon as possible so that it gives us time to begin to have people change their driving
habits by buckling up. Thank you, Frank.
SUPERVISOR MURPHY: Thank. you, Jean. Judge Edwards?
JUSTICE EDWARDS: Fishers Island is very active this time of year. 1 think my
monthly Justice Report will show that, especially for the month of July. People
on the Island are looking forward to the annual meeting of the Town. Board over
there on the 8th of August and also something else that's quite important is the
Civic Association has a girl working on a Master Plan for Fishers Island and inas-
much as RPPW, the people that are doing the Master Plan for the Town of Southold,
has neglected us in a way, we're hoping that RPPW and the Town will hold off the
Master Plan of. Fishers Island until the facts and figures get in from the Civic
Association. Thank you.
SUPERVISOR MURPHY: Thank you, Ray. As you could see the Town Board has
been extremely busy. I would just like to add a couple other things: I flew over
to Fishers Island with Harold Berger,-the Regional Director of DEC to help them
solve their landfill problem and, also. the Town Attorney flew over last week on their
landfill problems and on their new sew,er.d.istrict that we're forming and the Town
Clerk and my secretaries can attest to the closeness of it. We did manage, and
thank heavens we were all able to work together, to get the grant application in
for Fishers Island, to help the consulting engineer from Connecticut, who was doing:
this work and who couldn't do it all, that we were able to get the grant application
in and hopefully it's being approved by DEC and we will have another plant over
there to help these people on Fishers Island to clear up their water and sewage
problems.
11. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to the second item on your agenda, Public.
Notices.
1. North Fork Property Owners Association, Complete Application, seeking
variance from Tidal Wetlands Land Use Regulations to construct houses and sanitary
JULY 31 , 1984 341
systems on adjoining lots less than' the"req'uired 75 ft. and 100 ft. distances to tidal
wetlands. The project is located on the south side of Lupton Point Road on Lots
21 and 22 approximately 250 ft. east of Marratooka Road in Mattituck. Comments to
Dennis Cole of the DEC Stony Brook, phone number is on here, by August loth.
I'd like to again remind everbody this is posted on the Town Clerk's Bulletin Board
right out here for anyone who would like to read it.
2. Complete Application of Beixedon Estates Association-to open storm-plugged
Hippodrome Pond to Southold Bay by dredging with a shovel scoop, a 20 ft. wide by
130 ft. long by 3 ft. deep. "L" shaped inlet. Inlet opening will be approximately
80 ft. west of existing bulkhead to east. Approximately 60 cubic yards of sand will
be dredged and placed on the sand beach within 10 ft. of both sides of proposed
inlet. Project is located just west of the end of Rogers Road, Hippodrome Creek and
Southold Bay, Beixedon Estates, Southold. Comments to New York State DEC, Karen
Chytalo at Stony Brook by August 17th. Again this is posted on the Town Clerk's
Bulletin Board.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: Moving on to the third item on your agenda, Communications.
1. A petition for a street light on Route 48 which will be turned over to the
Street Light Committee and if he can get his whole group together they'll meet. and
make a decision.
2. From Supervisor George Kontje from Shelter Island thanking Southold Town
and Police Department for their help on the night of July 8th when an airplane went
down off Shelter Island.
3. Request for dredging for some people in Eugene Creek area, East Creek,
and this will be turned over to the Dredging Committee which will then bring it
to the County's attention.
4. Letter from Mattituck Airbase complimenting the Building Department on r
the way they handle their staff and solving their problems and also wish to officially
notify us of the sale of Mattituck Airbase to Van Dusen Air. This has been coming-
on for some .time and it's finalized now and Mr. Wickham, Parker Wickham, wants us
to know that they're going to be there for another three years and he expects to
live on that property himself for as long as he's .around.
5(a) . From Fleet's Neck Property Owners concerning the matter of a building
permit isued to Gus Wade.
5(b) . From Fleet's Neck Property Owners as to the same application for
acquisition of title to or right of way in property located at Eugene's Creek, also
known as East Creek, near Fleet's Neck, Cutchogue.
JAMES CRON, ESQ. : Mr. Supervisor, may I comment on those two letters that
were sent by Fleet's Neck---_
SUPERVISOR MURPHY: Not right now. At the end of the meeting you'll be given
a chance. This is just reading correspondence. This correspondence is on file in
the Town Clerk's Office for anyone to read at any time.
6. A letter from the Fishers Island Civic Association, from the Board of
Directors, Mr. R. J. Hoskins, who I'd like to comment has been extremely helpful
and is an extremely great man and a great help to the residents of the Fishers
Island and it certainly was a pleasure working with him. He is going off as the
President of the Association. He's officially off right now, but it really was--I'd
like to make it officially that .it was a great pleasure to work with him and I think
we've accomplished quite a bit. . That's the end of communications. We'll move on
to Public Hearings. We're just about on time.
Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
RESOLVED that a recess be called at this time, 3:00 P.M. , for the purpose of
holding public hearings.
'Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice .Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
IV. PUBLIC HEARINGS. .
1. 3:30 P.M. - In the matter of the application of Costello Marine Contracting
Corp. , on behalf of Anthony Tamburrino, for a Wetland Permit.
2. 3:35 P.M. In the matter of a Public Information Meeting relative to the
possible establishment of a Captain Kidd Water District.
Regular Meeting reconvened at 5:48 P.M.
SUPERVISOR MURPHY: We'll return to the Regular Meeting and we'll move on to
Resolutions. I would like to offer the first one.
342 JULY 31, 1984
V. RESOLUTIONS.
1. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Building Inspector Edward Hindermann to attend the annual New York State
Building Officials Conference to be held at the Fallsview Hotel, Ellenville, New
York, on October 3, 4, 5, 1984, and the necessary expenses for travel, meals,
lodging and mileage shall be a legal charge against the Building Department
Contractual Account in an amount not to exceed $250.00.
I.-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 2.
COUNCILMAN SCHONDEBARE: I would put that off for two weeks pending the,
report of Councilman Stoutenburgh.
TOWN CLERK TERRY: Resolution No. 2 is tabled. .
SUPERVISOR MURPHY: Right. Okay, Number 3 I'd like to offer. It's an advance
of funds for the Nutrition Program.
COUNCILMAN TOWNSEND: Did we do the same thing last year, Frank?
SUPERVISOR MURPHY: Yes. It's because reimbursement hasn't come from the
County, partially because of that contract.
TOWN CLERK TERRY: I'd just just like. to quickly explain' to you that we had to advance
funds for Community Development. for other than payroll reasons, so all we are doing
is adding "general purposes" to the January 31st resolution.
3. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town .Board. of the Town of Southold hereby amends their
Resolution No. 16, adopted on January 31, 1984, to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the advance of. dunds, in an amount not to exceed $15,000. 00,
from General Fund Whole Town Account to the Nutrition Program, Home
Aide Program, and Community Development Program, when in need for
payroll and general purposes. Said advance to be repaid to the General
Fund Whole Town Account within sixty (60) days.
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 lead agency.
4. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Southold Town Board declare themselves lead agency in
regard to the State Environmental Quality Review Act in the matter of the
application of Heagan Baylis for a Wetland Permit on certain property located
at Nassau Point Road, on Little Peconic Bay, Cutchogue, New York.'
SUPERVISOR MURPHY- Any questions? (No response.)
4.-Vote of the Town Board:, Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Sto.utenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is a trailer renewal.
5. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
RESOLVED that the application of Oscar Goldin for renewal of his single family r
house trailer permit, which expired on July 22, 1984, for trailer located on Lot
No. 69, Greenport Driving Park, south side Linnet Street, Greenport, be and
hereby is granted for a six (6) month period. ,
5.-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 6' we're going to hold, table, for another two weeks
or so. (Proposed Local Law in relation to permit fees and licenses for vehicles trans-
porting refuse into Town refuse disposal areas and penalties for offenses.)
Number 7 is to appoint a Addie Pace part-time Clerk-Typists.
7.-Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Addie
JULY 31, 1984 343
Pace as a temporary Clerk-Typists at' the Southold Town Police Headquarters, for
a period of 90 days, effective August 1, 1984 through November 1, 1984, 35 hours
per week, $5. 00 per hour.
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: Number 8 is another lead agency.
8. Moved by Supervisor Murphy, seconded by Councilman Schondebare, 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
George Sweeny for a Wetland Permit on certain property located at the end of Mason
Dr4ye, on Haywater Cove, Cutchogue, New York.
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: We're holding on Number 9. (Town Board declare them-
selves lead agency on the Wetland Application of Richard Cantwell.)
Number 10 is to appoint Melvin Hubbard as a Laborer.
10. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Melvin
Hubbard as a Laborer at the Southold Town Disposal Site, effective July 31, 1984,
at a salary of $7. 68 per hour.
10.-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 11 is appoint a special bay constable.
11. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Vernon
Wermelinger, Mattituck, New York, as a Special Bay Constable for the Mattituck
Creek, effective immediately through September 10, 1984, at a salary of $7.50 per
hour, he to supply his own boat, motor, trailer, the Town to supply the gas.
11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman touten urg , Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is to seek proposals.
12. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Supervisor Francis J. Murphy to seek proposals from Sidney B. Bowne & Son
Consulting Engineers, for the preparation of a survey of the continually flooded
area of lower Skunk Lane, Cutcho ue, New York.
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.
SUPERVISOR MURPHY: Number 13 is to go to bid for snow fence.
13. Moved by Councilman Townsend, 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 purchase of the following
items for the Southold Town Highway Department:
1. 10,000 ]in. feet of Snow Fence with pickets 1? x 3/8 inches,
spaced 2 inches apart, 4 feet high, stained red, with five
(5) double strands of 12z gauge galvanized wire in 100 fin.
foot rolls.
2. 500 - 6 foot studded steel T Posts with flanges or anchor
plates on posts, posts shall not be less than 8.65 lbs. each.
COUNCILMAN STOUTENBURGH: Do we do this every year?
SUPERVISOR MURPHY: Yes.
COUNCILMAN STOUTENBURGH: Do we lose 10,000 feet every year?
SUPERVISOR MURPHY: Close to that.
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 is to advertise for bids for sidewalk and curbing
under the CHIPS program.
3 44
JULY 31, 1984
14. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for sidewalk and curbing removal
and replacement at various sites in the Town o:f--Southold, on behalf of the
Southold Town Highway Department.
14.-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 15 is regarding handicapped status.
15. 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 place a public notice in The Long Island Traveler-
Watchman and The Suffolk Times, that pursuant to the requtfements of Section
51.55 of the Revenue Sharing Regulations, the Town of Southold does not discriminate
on the basis of handicapped status in admission or access' to, or treatment or employ-
ment in, its programs and activities, and be it further
RESOLVED that the Town Board hereby designates the Office of the Supervisor as r
the contact to coordinate efforts to comply with this requirement.
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.
SUPERVISOR MURPHY.: Number 16 is to amend the bond resolution for the sewage
treatment plant.
16. RESOLUTION OF THE .TOWN OF SOUTHOLD, -NEW YORK, ADOPTED JULY 31, 1984,
AMEND THE BOND RESOLUTION ADOPTED ON. APRIL 19, 1984.
Recitals .
Moved by Councilman Townsend, seconded t y CouncHmnn Sch,: ^nc!ch^re,
WHEREAS, the Town Board (the "Board" ) of the Town of
Southold (the "Town" ) , in the County of Suffolk, New York, has
heretofore duly authorized the construction of a Pre-Treatment
Plant (the. "Project" ) in 8otth6ld Wastewater Disposal District,
in said Town, at the estimated maximum cost of $1, 877,000, which
amount was appropriated therefor pursuant to the bond resolution
adopted by said Town Board on April 19, 1983; and
WHEREAS, following receipt of bid for construction, it
now was determined that due to increased costs of labor and
materials the total cost of construction is now estimated to be
$2, 632,204 and following receipt of an Order of the State
Comptroller dated .June 5, 1984 approving an increase in the
maximum amount to be expended for the- Project from $1, 877, 000 to
$2, 632,204, the Board duly called a public hearing on June 5,
1984, to consider such increase in the maximum amount to be
expended and following such public hearing adopted, subject to a
permissive referendum, the ORDER INCREASING THE MAXIMUM AMOUNT
PROPOSED TO BE EXPENDED FOR IMPROVEMENTS IN THE SOUTHOLD
WASTEWATER DISPOSAL DISTRICT, determining that it is in the
public interest to increase the maximum amount to be expended for
the Project from $1, 877, 000 to $2, 632,204 and no valid petition
has been filed timely requesting that a referendum be held; and
WHEREAS, it is now deemed necessary and in the public
JULY 312 1984 3 4 5 -
interest to provide for financing such _increase in the maximum
amount to be expended for the Project;
now, therefore, `be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not
less than two-thirds of all members of said Town Board) AS
FOLLOWS:
Section A. The bond resolution of the Town duly
adopted by the Board on April 19, 1983, entitled:
" Bond Resolution of the Town of Southold, New York,
adopted April 19, 1983, appropriating $1,-877, 000 for the
construction of a Pre-Treatment Plant in Southold Wastewater
Disposal District, in said Town, and authorizing the issuance of
$1, 877, 000 serial bonds of said Town to finance said
appropriation and authorizing any amounts .received from the.
United States of America and/or the State of New York (which is
estimated to be $1, 540, 125) to be expended towards the cost of
said specific object or purpose, or redemption of any bonds
issued therefor or to be budgeted as an offset to the taxes
and/or assessments for payment of the principal and interest on
said bonds, "
is hereby amended to read as follows:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED APRIL 19, 1983 AND AMENDED
July 31 1984, AUTHORIZING THE CONSTRUCTION
OF A PRE-TREATMENT PLANT IN SOUTHOLD
WASTEWATER DISPOSAL DISTRICT, IN SAID TOWN,
STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$2, 632 ,204, APPROPRIATING SAID AMOUNT
THEREFOR, AND AUTHORIZING THE ISSUANCE OF
$2, 632 ,204 SERIAL BONDS OF SAID TOWN TO
FINANCE SAID APPROPRIATION, AND AUTHORIZING
ANY AMOUNTS RECEIVED FROM THE UNITED STATES OF
AMERICA AND/OR THE STATE OF NEW YORK (WHICH IS
ESTIMATED TO BE $2,267,211) TO BE EXPENDED
TOWARDS THE COST OF SAID SPECIFIC OBJECT OR
PURPOSE OR REDEMPTION OF ANY BONDS ISSUED
THEREFOR OR TO BE BUDGETED AS AN OFFSET TO THE
TAXES FOR THE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON SAID •BONDS.
Recitals
WHEREAS, the Town Board (the "Board" ) of the Town of
Southold (the "Town" ) , in the County of Suffolk, New York, has
346 JULY 31, 1984
heretofore duly authorized the construction of a Pre-Treatment
Plant (the "Project" ) ift .SOUthold Wastewater Disposal District,
in said Town, at the estimated maximum cost of $1,877, 000, which
amount was appropriated therefor pursuant to the bond resolution
adopted by said Town Board on April 19, 1983; and
WHEREAS, following receipt of bid for construction, it •
now was determined that due to increased costs of labor and
materials the total cost of construction is now estimated to be
$2 , 632, 204 and following receipt of an Order of the State
Comptroller dated June 5., 1984 approving an increase in the
maximum amount to be expended for the Project from $1, 877, 000 to
$2, 632 ,204, the Board duly called a public hearing on June 5,
1984, to consider such increase in the maximum amount to be
expended and following such public hearing adopted, subject to a
permissive referendum, the ORDER INCREASING THE MAXIMUM AMOUNT
PROPOSED TO BE EXPENDED FOR IMPROVEMENTS IN THE SOUTHOLD
WASTEWATER DISPOSAL DISTRICT, determining that it is in the
public interest to increase the maximum amount to be expended for
the Project from $1, 877, 000 to $2, 632, 204 and no valid petition
has been filed timely requesting that a referendum be held; and
WHEREAS, it is now deemed necessary and in the public
interest to provide for financing such increase in .the maximum
amount to be expended for the Project;
WHEREAS, following receipt of an Order of the State
Comptroller dated June 5, 1984, and a public hearing duly called
and held on June 5, 1964, the Board, 'on said date, adopted,
subject to permissive referendum, the ORDER INCREASING THE
MAXIMUM AMOUNT PROPOSED TO BE EXPENDED FOR IMPROVEMENTS IN THE
SOUTHOLD WASTEWATER DISPOSAL DISTRICT determining that it is in
the public interest to increase the maximum amount to be expended
for the hereinafter authorized improvement to be constructed in
said Southold Wastewater Disposal District be increased from
$1, 877,000 to $2, 632 ,204 and no petition was filed requesting
that the matter of such increase in the maximum amount to be
expended be submitted to a referendum; and
WHEREAS, it is now necessary and in the public interest
to provide for financing the cost of establishing said District
and construction of the improvement therein;
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
JULY 31 , 1984 347
SUFFOLK, NEW YORE, HEREBY RESOLVES. .(by the favorable vote of not
less than two-thirds of all the. members of said Town Board) AS
FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk,
New York (herein called "Town") , is hereby authorized to construct
a scavenger waste pre-treatment plant, in the Southold Wastewater
Disposal District (the "District") , at the site of the sewer treatment
plant of the Village of. Creenport, located west of Moores Lane, at
Greennort, in the 'Town, including oriainal- furnishing.s,
equipment, machinery and apparatus, all in accordance with the
maps, plans and specifications therefor prepared by Holzmacher,
McLendon and Murrell, P.C. , duly licensed engineers of the State
of New York, on file in the office of the Town Clerk and hereby
approved, and all subject to compliance with all applicable "
environmental laws, Federal, State and Local, and anv regulations
promulgated thereunder. The estimated maximum cost of said
specific object or purpose, including preliminary costs and costs
incidental thereto and the financing thereof, is $2, 632,204 and
the said amount is hereby appropriated therefor. The plan of
financing includes the issuance of $2, 632,204 serial bonds of the
Town to finance said appropriation, and the assessment, levy and
collection of assessments on the several lots and parcels of land
within the District which the Town Board shall determine and
specify to be especially benefited by the improvement, so much
upon and from each as shall be in just proportion to the amount
of benefit which the improvement shall confer upon the same. The
Town has applied for and expects to receive a grant of Federal
and/or State funds from the United States of America and/or the
State of New York (which is estimated to be $2,287,211) to aid in
financing the cost of said specific object or purpose and any
amounts so received are hereby authorized to be expended towards
the cost of said specific object or purpose or applied to the
redemption of said bonds or any bond anticipation notes issued in
anticipation of the sale of said bonds or to be budgeted as an
offset to the taxes .and/or assessments for the payment of the
principal and interest on -said bonds.
Section 2 . Serial bonds of the Town in the principal
amount of $2, 632,204 are hereby authorized to be issued pursuant
to the provisions of the Local Finance Law, constituting Chapter
JULY 31, 1984
348
33-a of the Consolidated Laws of the State of New York (herein
called "Law" ), to finance said appropriation.
Section 3 . The following additional matters are hereby
determined and declared:
(a) '- The period of probable usefulness of said specific
object or purpose for which said $2, 632,204 serial bonds
authorized pursuant to this resolution are to be issued, within.
the limitations of Section 11 . 00 a. 4 of the Law, is forty (40)
years, but the maturity of the bonds shall not exceed twenty (20)
years.
(b) Current. funds are not required by the Law to be
provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section 107 . 00
d.. 3(1) of the Law.
(c) The proposed maturity of the bonds . authorized by
this resolution may exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of validity
as prescribed by Section 52. 00 of the Law and said bonds and any
notes issued in anticipation of said bonds, shall be general
obligations of the Town, payable as to both principal and
interest by general .tax upon all the taxable real property within
the Town without limitation of rate or amount. The faith and
credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any
notes issued in anticipation of the sale of said bonds and
provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization acid redemption of the
bonds and any notes in. anticipation thereof to mature in such
year and Lb) the payment of interest 'to be due and payable in
such year.
Section S . Subject to the provisions of this resolution
and of the Law and pursuant to the provisions of Section 30. 00
relative to the authorization of the issuance of bond
anticipation notes and .of Section. 50. 00 and Sections 56. 00 to
60. 00 of the Law, the powers and duties of the Town Board
relative to authorizing bond anticipation notes and prescribing
JULY 31, 1984 349
the terms, form and contents and'. as to the sale and issuance of
the bonds herein authorized and of any bond anticipation notes
issued in anticipation of said bonds, and the renewals of said
notes, are hereby delegated to the Supervisor, the chief fiscal
officer of the Town.
Section 6. The validity of the bonds authorized by this
resolution and of any notes issued in anticipation of the sale of
said bonds, may be contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized -to
expend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after -the date of such publication,
or
(c) such obligations are authorized in violation of the
provisions of the constitution. _
Section 7. This resolution shall take effect
immediately.
Section B. The amendment of the bond resolution set
forth in Section A of this resolution, shall in no way affect the
validity of the liabilities incurred, obligations issued, or
action taken pursuant to said bond resolution, and all such
liabilities incurred, obligations issued, or action taken shall -
be deemed to have been incurred, issued or taken pursuant to said
bond resolution, as so amended.
Section C. This bond resolution, as amended, shall take
effect immediately and the .Town Clerk of the Town of Southold, in
the County. of Suffolk, New York, is hereby authorized and
directed to publish the foregoing resolution, in full, as
amended, together with a Notice attached in substantially the
form prescribed by §81. 00 of the Law in "THE SUFFOLK TIMES, " a
newspaper published in Southold, New York, and in "THE LONG
ISLAND MATTITUCK WATCHMAN, " a newspaper published in Southold,
New York, each having a general circulation in the Town and
hereby designated the official newspapers of said Town for such
publication.
16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
350 JULY 31 , 1984
17. Moved by Councilwoman Cochran, seconded by Supervisor Murphy,
WHEREAS, Town of Southold, Suffolk County, New York, herein called the "Applicant,"
after thorough consideration-- of the various aspects of the problem and study of
available data, has hereby determined that the planning, design and construction of
certain works, required for the treatment of sewage, generally described as: This
project is for construction of the scavenger waste pretreatment .facility, and identified
as Project No. C-36-1120-02-0, herein called the Project, is desirable and in the
pub c interest, and to that end it is necessary that action preliminary to the planning,
desi n and construction of said Project be taken immediately; and
WHE�EAS, under the Federal Water Pollution Control Act, as amended, the United
Stated of America has authorized the making of grants to aid in financing the cost of
planning, design and construction of necessary treatment works to prevent the discha
of untreated or inadequately treated sewage or other waste into any waters and for
the purpose of reports, plans and specifications in connection therewith; and
WHEREAS, Chapter 659 of the Laws of 1972 of the State of New York provide financia
aid for the planning, design and construction of Water Quality Improvement Projects; and
WHEREAS, the Applicant has examined .and duly considered the Water Pollution Control
Act, as Amended and Chapter .659 of the Laws of 1972 of the State of New York and
the applicant deems it to be in the public interest and benefit to file an application
under these laws and to authorize other action in connection therewith; .
NOW, THEREFORE, BE IT RESOLVED BY the Town Board of the Town of Southold:
1. That the filing of application in the form required by the State of New York
and the United States and in conformity with the Water Pollution Control Act, as
amended and Chapter 659 of the Laws of 1972 of the, State of New York. is hereby
authorized including all understandings and assurances contained in' said applications.
2. That Francis J. Murphy, Supervisor, Town of Southold, is directed and
authorized as the official representative of the applicant to act in connection with the
applications and to provide such additional information as may be required;
3. That the Applicant agrees that it will-fund its portion of the cost of said
Water Quality Improvement Project;
4. That one (1) certified copy of this Resolution be prepared and sent to -the
New York State Department' of Environmental Conservation, Albany, New York together with the Federal and State application;
5. That this Resolution take effect immediately.
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: Jean, would you like to hold Number 18, or would do you -
want to offer it? (Rescind Resolutions relative to fees for Landfill Site.)
COUNCILWOMAN COCHRAN: I'd like to offer it.
COUNCILMAN SCHONDEBARE: Jean, why don't you hold it as tabled.
COUNCILMAN COCHRAN: Okay.
SUPERVISOR .MURPHY: Number 19 also is lead agency.
19. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Southold Town Board declare itself lead a ency in regard to
the State Environmental Quality Review Act in the matter of the application of
Edward Quintieri and Richard Pulcini for a Wetland Permit on certain property ,.
located at the northern terminus of Riley Avenue, on James Creek, Mattituck, New
York.
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 is lead agency in a zone change.
20. Moved by Supervisor Murphy, seconded by Councilman .Stoutenburgh, 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 petition of Daniel A. Kaelin for a change of zone from "A" Residential and
Agricultural District to "B-1" General Business District on certain property located
on the westerly side of Cox's Lane, Cutchogue, New York.
20.-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 21 is to transmit this petition of a zone change
21 . Moved by Councilman Townsend, seconded by Justice Edwards,
WHEREAS, a petition was received from .Daniel A. Kaelin for a Change of zone on
certain property located on the westerly side of Cox's Lane, Cutchogue, New York,
from "A" Residential and Agricultural District to "B-1" General Business District,
now, therefore, be it
JULY 31 , 1984 351
RESOLVED that the Town Clerk of the:jow.n.,-of Southold be and she hereby is
directed to transmit this petition to the Southold Town Planning Board in accordance
with -Article XV, Section 100-150(B) of the Code of the Town of Southold, and to the
Suffolk County Department of Planning, in .accordance with the Suffolk County Charter,
requesting their recommendations relative. to said petition.
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 to close an account for Fishers Island Ferry
District.
22. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, a Property Acquisition account was established to receive funds donated
to the Town of Southold for the Fishers Island Ferry District for purposes of
purchasing surplus government property at Fishers Island, and
WHEREAS, the Property Acquisition account has now served its purpose, now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes said
Property Acquisition account to be closed. and the remaining funds in the account
to be transferred into the Fishers Island Ferry District 1984 Budget as an Interfund
Trasnfer (revenue) and as a modification to the disbursement line item Repairs Docks
and Buildings.
COUNCILMAN TOWNSEND: How much money was left in that, Ray? _
JUSTICE EDWARDS: I don't know, a hundred thousand, I guess---peanuts.
COUNCILMAN SCHONDEBARE: You know, 1 hate to bring this *up, but that was
a question I had before. If that was the money that was donated to. the acquisition
of that property_ over there, now the people that gave the money gave it for the
purposes of the acquisition of the property:, Now there's a surplus of moneys.
Can you use that moneys for other. purposes?
JUSTICE EDWARDS: No, it would be .nice to be able to, but they've given it back
to the people.
COUNCILMAN SCHONDEBARE: But it 'says they're putting it into an interfund
transfer.
SUPERVISOR MURPHY: The moneys that were oversubscribed have been given
back to the people. This more than likely might be a little over from the amount
that Fishers Island Ferry District put in and there might be some interest.
COUNCILMAN SCHONDEBARE: Themselves?
SUPERVISOR MURPHY: Yes. I don't think it would be that large an amount. I'll
check and I'll get you the amount.
COUNCILMAN SCHONDEBARE: That's .the .only question 1 had. I don't want anyone
questioning it.
SUPERVISOR MURPHY: No, they did oversubscribe and the money was returned to
those people.
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.
SUPERVISOR MURPHY: Number 23 is emergency repairs for the ferry boat.
23. Moved by Justice Edwards, seconded by Councilman Schondebare,
WHEREAS, at the. time of drydocking of the MV MUNNATAWKET, it was found that
the vessel's stern tumbe (2) , strut (2) , and rudder (2) bearings are in need of
replacement, and
WHEREAS, the bearings required replacement for the continued safe and proper
operation of the vessel, and
WHEREAS, Thames Shipyard and Repair Co. , New London, Connecticut, was available
to make said' repairs to the stern tume and rudder bearings, items not covered, in the
contract, on a timely basis at an estimated cost of $7,500. 00, now, therefore, 'be it
RESOLVED that the Town Board of the Town of Southold hereby declares that
emergency repairs to the MV MUNNATAWKET are required to ensure continued safe
operation of the. vessel, and authorizes the Board of Commissioners of the Fishers
Island Ferry District to proceed with the repairs. ,
23.-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 24 is to amend a Local Law.
352 JULY 31, 1984
24. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 36, adopted on July 17, 1984-, adopting Local Law No. 7 - 1984,
"A Local Law to provide for the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code," whereby a new Chapter 25 was
added to the Code of the Town of Southold, to read: "The Code of the Town of
Southold is hereby amended by adding a new chapter thereto, to be Chapter 45..."
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: Number 25 is the Affirmative Action in the MBE/WBE
partication in the Fishers Island Wastewater Plant.
25. Moved by Supervisor Murphy, seconded by Justice Edwards,
WHEREAS, NYSDEC Office of Affirmative Action requires MBE/WBE participation
as part of the Fishers Island Wastewater Facilities Project (C36-1149-03) , and
WHEREAS, it is the intent of the Town. of Southold to conform with this program
in order to meet Federal and New York State requirements,
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold
directs and authorizes:
THAT the Supervisor of the Town of Southold shall submit an executed
MBE/WBE policy statement and utilization plan to NYSDEC, and
THAT the Supervisor shall designate James McMahon .as MBE/WBE officer, and
THAT a certified copy of this .resolution shall be submitted to NYSDEC.
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.
COUNCILMAN SCHONDEBARE: For those of you following the agenda, you will
find out that we stop on the printed, however you'll be happy to note that we have
a number of add-ons.
SUPERVISOR MURPHY: _ Number 26 is to create the position of Account Clerk in
the Bookkeeping Office.
26. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the position
of Principal Account Clerk in the Office of the Supervisor, at a. salary. of $17,500.00,
and hereby authorizes the Supervisor to request the current Civil Service List for
that position.
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 a transfer of funds inAhe Trustees' budget.
27. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town .of Southold hereby authorizes the
following transfer within the General Fund Whole Town 1984 Budget:
From: Environmental Control,. Personal Services-------------$200. 00
Into: Environmental Control, Contractual Expenses--7-7777-$200. 00
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 to set a public hearing for scallop bags.
28. Moved by Supervisor Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Boad of the Town of Southold will hold a public hearing
at the Southold Town Hall, Main Road, Southold, New York, on the 28th day of
August, 1984, at 3:30 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 to
require the use of .standard bushel bags for the taking of scallops for commercial
purposes in town waters," which reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets]) .
Article 11 of Chapter 77 (Taking of Shellfish) of the Code of the
Town of Southold is hereby amended as follows:
1. Section 77-201 thereof (Definitions) is _amended by adding thereto the
following term:
STANDARD BUSHEL - That amount of unopened scallops which
will fill a bag, to be. a standard size bushel bag to be sold by
JULY 31, 1984 353
the -Southold- Town Board ;::,o.f.-_'Trustees at cost, and to be
stamped with the. words "Town of Southold" on the bag.
11. Subdivision F. of Section 77-202 thereof (Permit requirements) is
amended to read as follows:
F. The presence of shellfish in excess of the limits, or of less size'
than that, set forth in this Article,- or the presence of scallops
ta;(en for commercial purposes and placed . in non-standard
bushel bags, found aboard any boat or vessel, in the waters of
the Town of Southold, shall be deemed presumptive evidence of
a violation of this Article.
Ill. 'Subdivision E. of Section 77-204 thereof (Scallops) is amended to
read as follows:
E. Subject to the provisions of this section, .not more than five (5)
standard bushels of scallops may be taken from town waters for
commercial purposes_ in any one (1) day by any one (1) person.
Two (2) or more persons occupying the same boat may take, in
the aggregate, not more than ten (10) standard bushels .'of ,
scallops in one (1) day for commercial purposes.
IV. Section ' .77-204 thereof (Scallops)' is amended by . adding a new
subdivision thereto, .to be subdivision 1, to read as follows:
1. When scalloos are taken. from town waters ' for commercial
purposes pursuant to section 77-204 E. of this Article, 'the
standard bushel shall be deemed to mean the standard bushel,
as defined in section 77-201 of this Article. All persons taking
scallops from town waters for commercial purposes, pursuant to
section 77-204 E. , shall use only- the standard bushel bag, as
defined in section 77-201 of this Article.
V. This Local Law shall take effect upon its filing with the Secretary of
State.
28.-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 29 is to allocate money to the North Fork and
Southold Soccer Leagues for the purchase of equipment.
29. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates $672. 00
to the North Fork Soccer. Club, Inc., and $264.00 to the Southold Soccer Club for
the purchase of equipment for their 1984 season.
29.-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 30 is to authorize the Supervisor -to sign the
North Fork Animal Welfare League contract.
COUNCILMAN TOWNSEND: Frank,. just a word. 1 believe this contract, and maybe
we should confirm this 'with Bob, is identical to the last one we signed with exception
of the amount.
SUPERVISOR MURPHY: Bob will review it before I will sign it.
TOWN CLERK TERRY: He did. He spoke to me about it today.
30. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of.the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between the Town
354 JULY 31, 1984
of Southold and the North Fork Animal Welfare League, Inc., for Dog Officer
Services and Pound or Shelter Services for the period from August 1, 1984 through
July 31, 1985 for the sum of $43,890.00, and for the period from August 1, 1985
through July 31, 1986 for the sum of $46,984.50, all in accordance with the contract
as approved by the Town Attorney.
30.-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 31 is to rescind the .lead agency of the Briscoe
Smith application.
COUNCILMAN SCHONDEBARE: Just for your knowledge, the attorney representing .
them came up and made a representation orally to the effect that he won't, contest
any time period and he'll go along with .the Planning Board as lead agency.
COUNCILMAN STOUTENBURGH: What's this now?
COUNCILMAN SCHONDEBARE: Okay, don't forget, this is revoking our thing
for lead agency and we're. going to let the Planning Board follow through as lead
agency, but we also have the problem with the time sequence from the time you
submit your environmental assessment for to the time you declare yourself lead
agency. You can't sit on it forever. So our question was what happens if we
revoke this and then the fellow says, "Hey the time period is over and I'm not
going to allow anybody to do anything thing." Th.e attorney, Parker, he made
a representation that he'll go :to the Planning Board and allow them to declare
lead agency.
31. Moved by Councilman Schondebare, seconded .by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds their
Resolution No. 31 adopted April 10, 1984, whereby they declared themselves lead
agency in regard to the .State Environmental Quality Review Act in the matter of _
the petition of- Briscoe R. Smith for relief from the Bulk requirements of the Zoning
Code with .reference to proposed minor subdivision located on the west side of
Equestrian Avenue, Fishers Island, New York.
31.-Vote of the Town .Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice. Edwards, Councilman Townsend, Supervisor Murph
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is a decision on the relief petition'of Briscoe
Smith.
32.. Moved by Councilman Schondebare, seconded by Councilwoman Cochran,
WHEREAS, Briscoe R. Smith, by petition dated March 7, 1984, applied to the
Southold Town Board for relief from the Bulk requirements of the Zoning Code
with regard to,a four acre parcel of land .located between the southwesterly side
of Equestrian 'Avenue and Little Hay Harbor, Fishers Island, New York, and
WHEREAS, said petition was referred to the Southold Town Planning Board and
Suffolk County Department of Planning for ,their recommendations, and
WHEREAS, a public hearing was, held by the Southold Town Board on said petition
on the 17th day of July, .1984", at which time all persons were given an opportunity
to be heard thereon, now, therefore, be it
RESOLVED that Briscoe R. Smith be Granted relief from the Bulk requirements of
the Zoning Code as provided in Local Law No. 11 - 1983, with regard to a four
acre parcel of land located between the southwesterly side of Equestrian Avenue
and Little Hay Harbor, Fishers Island, New York, and be it further
RESOLVED that the premises described in said petition shall be subject to the
Bulk requirements of the Southold Town Zonin Code in effect prior to May 20, 1983
32.-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 33 is to rescind lead agency on Nalbantian.
33. Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds their J .
Resolution No. 16 adopted on March 13, 1984, whereby they declared themselves
lead agency in regard to the State Environmental Quality Review Act in the matter
of the petition of Edward J. Nalbantian and Charles A. Nalbantian for relief from
the Bulk requirements of the Zoning Code with reference to certain real property
known as Oregon Heights, bounded .by Reeve Avenue, Bailie .Beach Road, Harbor-
view Avenue, and East Side Avenue, Mattituck, New York.
33.-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: Now;.Number 34 do you want to do now?
COUNCILMAN TOWNSEND: I think.we should do it now. I don't see any real
reason not to do it.
JULY 31, 1984 355
COUNCILMAN SCHONDEBARE: I see no real reason not to do it either.
34. Moved by Councilman Townsend, seconded by,Councilman Schondebare,
WHEREAS, Edward J. Nalbantian and Charles A. Nalbantian, by petition dated
March 2, 1984, applied to the Southold Town Board for relief from the Bulk
requirements of the Zoning Code with regard to a major subdivision entitled
"Oregon Heights," a parcel of land bounded by Reeve Avenue, Bailie Beach
Road, Harborview..Avenue, and East Side Avenue, Mattituck, New York, and
WHEREAS, said petition was referred to the Southold Town Planning Board and
Suffolk County Department of Planning for their recommendations, and
WHEREAS, a public hearing was held by. the Southold Town Board on said
petition on the 17th day of July, 1984, at which time all persons were given an
opportunity to be heard thereon, -now, therefore, be it
RESOLVED that Edward J. Nalbantian and. Charles A. Nalbantian be denied relief
from the Bulk requirements of the Zoning Code as provided in Local Law No.
11 - 1983, with regard to a major subdivision entitled, "Oregon Heights."
34.-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 35 is a determination on the application of
Forchelli for Bayview Development Corporation.
35. Moved by Councilman Schondebare, seconded by. Councilman Townsend,
WHEREAS, Jeffrey D. Forchelli,. for Bayview Development Corp. , has heretofore
applied to the Southold Town Board, pursuant to Chapter 44 of the Code of the
Town of Southold, for permission to dredge to remove ±100 yards of fill from, exist-
ing boat basin and channel on .property located on Corey Creek,. at the west side
of Bayview Road, Southold, 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 1 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 applicant, .Jeffrey D. Forchelli,
for Bayview Development Corp., of this determination, and further request said
applicant to prepare a Draft Environmental Impact Statement, all in accordance with
aid law, rules and code. f
35.-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 36 is a determination on the application of Thomas
MacDougall.
36. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that pursuant to. Article 8 of the Environmental Conservation Law State
Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter
44 of the Code of the Town of. Southold,. notice is hereby given that the Southold
Town Board, as lead agency for the action described below, has determined .that
the project, which is unlisted, will not have a significant effect on the environment.
DESCRIPTION OF ACTION: Application of•Thomas D. MacDougall for a Wetland
Permit to construct ramp and dock .at Arshamomaque Pond, 1275 Mill Creek Drive,
Southold, New York.
The project has been determined not to have a significant effect on the .
environment for the following reasons:
An environmental assessment has been submitted which indicated that no
significant adverse effect to the environment are likely to occur should the project
be implemented as planned.
Because there has been a response from the Board of Southold Town Trustees
and Southold Town Conservation Advisory Council indicating that this project would
not have a significant effect on the environment.
Because there has been no response .in the allotted time from the New York
State Department of Environmental Conservation and the Southold Town Building
Department it is 'assued that there are no objections nor comments from those agencies.
36.-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: The next one,. Number 37, is the determination on the
application of Enconsultants on behalf of Ludwig Becker.
37. Moved by Councilman Schondebare, seconded by Councilwoman Cochran,
WHEREAS, Enconsultants, Inc. , on behalf of Ludwig Becker, has heretofore applied
to the Southold Town Board, pursuant.to Chapter 44 of the Code of the Town of
]Southold, for permission to construct retaining wall, returns, catwalk, ramp,
356 JULY 31, 1984
floating dock, and pilings and for dredging on property located off north side of
Pine Neck Road, on Jockey Creek, Southold, New York,
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
1. That pursuant to the provisions of Article 8 of the Environmental Conservation
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 applicant, Enconsultants, Inc.,
on behalf of Ludwig Becker, of this determination and further request said applicant
to prepare a Draft Environmental Impact Statement, all in accordance with said law,
rules and code.
37.-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..38 is a determination on the application of The Land
Use Company on behalf of John DiCarlo.
38. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State
Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter
44 of the Code of the Town of Southold, notice is hereby given that the Southold
Town Board, as lead agency for the action described below, has determined that
the project, which is unlisted, will not have a significant effect on the environment.
DESCRIPTION OF ACTION: ' Application of The Land Use Company, on behalf of
John DiCarlo, for a Wetland. Permit to reconstruct bulkhead and return at the end
of Terry Lane, on Town Creek, Southold, New York.
The project has been determined not to have a significant effect on the
environment for the.following reasons:An environmental assessment has been submitted which indicated that no
significant adverse effect to the environment are likely to occur should the project
be implemented as, planned.
Because there has been a response from the Board of Southold Town Trustees
and Southold Town Conservation Advisory Council indicating that this project would
not have a significant effect on the environment.
Because there has been no response in the allotted time from the New York
State Department of Environmental Conservation and the Southold Town Building
Department -it is assued that there are no objections nor comments from those 'agencies.
38.-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 39 is a determination on the application of Costello
Marine on behalf of Janet Maddams.
39. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, .it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State
Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter
44 of the. Code of the Town of Southold,. notice is hereby given that the Southold
Town Board, as lead agency for the action described below, has determined that
the project, which is unlisted, will not have a significant effect on .the environment.
DESCRIPTION OF ACTION: Application of Costello Marine Contracting Corp. , on
behalf of Janet Maddams, for a Wetland Permit to replace bulkhead on property
ocated off of the east side of.. Oaklawn Avenue, on Jockey Creek, Southold, New York.
The project has been determined not to have a significant effect on the
environment for the following reasons:
An environmental assessment has been submitted which indicated that no
significant adverse effect to the environment are likely to occur should the project
be implemented as planned.
Because there has been a response from the Board of Southold Town Trustees
and Southold Town Conservation Advisory Council indicating that this project would
not have a significant effect on the environment.
Because there has been no response in the allotted time from the New York
State Department of Environmental Conservation and the Southold Town Building
Department it is assued that there. are no objections nor comments from those agencies.
39.-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 40 is to set public hearings on wetland applications.
40. Moved by Supervisor Murphy, 'seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday,
August 28, 1984', Southold Town Hall, Main Road, Southold, New York; as date
and place for hearings on the following applications for Wetland Permits:
JULY 31, 1984 357
3: 35 P.M. - In the matter of the,--application of Thomas D. MacDougall for
permission to construct ramp and dock at Arshamomaque Pond, 1275 Mill Creek
Drive, Southold, New York.
3: 37 P.M. - In the matter of the application of Harbor Lights Property
Association for permission to dredge the canal at Harbor Lights Beach, Harbor
Lights Cove Inlet, and use the resultant spoil as beach nourishment above mean
high water on the bay beach southeast of the dredging project, a minimum of 20
ft. landward of tidal wetlands located in the inner harbor.
3:40 P.M. - In the matter of the application of The Land Use Company, on.
behalf of John DiCarlo, for permission to reconstruct bulkhead and return at the
end of Terry Lane, on Town Creek,. Southold, New York.
3:42 P.M. - In the matter of the application of Costello Marine Contracting
Corp. , on behalf of Janet Maddams, for permission to replace bulkhead on property
located off east side of Oaklawn Avenue, on Jockey Creek, Southold, New York.
40.-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 41 is to authorize me to seek proposals.
41. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the .Town Board of the Town of Southold hereby authorizes
Supervisor Francis 'J. Murphy to seek proposals from the engineerin firms of
Kohlmann Ruggiero, Holzmacher, .McLendon & Murrell, and ERM-Northeast in
regard to the preparation of applications for possible rants from the Environ-
mental Protection Agency 'for water treatment systems.
41.-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, that's the end of our prepared and added-on and.
very long agenda for today. I .appreciate .the patience of everybody here. At this
time I'd like to ask any members of-the Town Board if they would like to have any-
thing further to say. Jay? (No.) Joe? (No.) Paul? (No.) Jean? (No.) ---
JAMES CRON, ESQ. : Mr. Supervisor---. .
SUPERVISOR MURPHY: One second, would you please? I will get to you.
JAMES CRON, ESQ. : Three hours isl a long second---
SUPERVISOR MURPHY: We will get to you. I'm asking the Board if'they have
any comments. We're not. closing the meeting.
MR. CRON: That's .what I thought you were doing.
SUPERVISOR MURPHY: No, I was not doing that. Ray? (No comment.) Okay.
At this time I would like to ask anyone in the audience-if they would like to have
anything to say to the Town Board?
MR. CRON: Good evening ladies and gentlemen. May name is James Cron with
the law office of Cron and Cron, Main Road, Cutchogue. We represent Mr. Gus
Wade who has had previous litigation with the Town of Southold as regards Board
of Trustees' decision and appearances before that Board. , Our representation is
also involved in Article 78 proceeding to the Supreme Court which agreed .with
out position and remanded it for .findings of fact. Mr. and Mrs. -Wade are here
today in direct response to a letter which .1 believe--two letters which were hand
delivered both. to the Town Board and the Town Trustees. In particular I would
like to draw your attention to the letter solely to the Town Board, which I believe
you had as 411-5(a) . There are a number of inaccuracies in this particular letter,
which I feel this Board must .be made:aware of. I particular I point to the second
paragraph which states that all of the court- litigation has been concluded. Quite
the contrary ladies and. gentlemen, the court litigation in many respects has just
started. We had the matter. remanded to the Town Trustees for determination and
findings of act as the Supreme Court found that they were completely devoid in
their decision that is, of any factual basis. Secondly, I would draw your attention
to the second sentence in that paragraph. It states, "It appears that without
notice to interested parties and with no .apparent or documented change, the permit
was applied for," that is the building permit which is the subject matter of this
letter, %.for on June 19th, 1984, and issued on the date immediately following."
Ladies and gentlemen there is no provision either in the Town Code of the Town
of Southold or any New York State provision regarding the :Uniform Fire Prevention .
and Building Code which requires that notice be given to the entire world for a
building permit. Thirdly and as regards the third paragraph where request is
made of this Board to justify the actions of the Building Department in the Town
of Southold. As I'm sure you're aware that would be beyond the purview and the
legal authorization of this Board. This Board has no obligation to honor that
request as to why the building permit was issued. As a matter of fact if the
Board were to interject itself into that matter I would have to assume, having
358 JULY 31, 1984
read the Code, that it would do so without. a legal basis. Finally, as regards to
this particular letter, ladies and gentlemen, what is at stake here is a perceived
private wrong which this group of individuals is asking the Town Board in the
Town of Southold to interject itself into. I am sure the Board is aware that it
has an obligation to all the residents of the Town of Southold and not just the
loudest. That obligation extends to keeping the Town of Southold out of protracted
litigation which would, of course, as far as higher taxes were concerned. . Further-
more, ladies and gentlemen, there is a private redress which is available to these
particular individuals in the Supreme Court, which Mr. Tasker, I'm sure, is well
aware of and Mr. Schondebare as he does litigate. Finally, the precedent with
this letter would establish. Is the Town Board of the Town of Southold now going
to review every building permit? I think the obvious implications of any action on
behalf of this Board. .. (end of tape) . ...I would direct your attention to the second
letter written to the Town Board dated July 27th, 1984 and written to both' the Town
Board and the Town Trustees. An this particular letter, it is my understanding
that the Fleets. Neck Property Owner's Association is asking for a- deed in fee of an
area which would involve Mr. Wade's easement, or in the alternative, an exclusive
easement. On behalf of my clients I would now formally make the same application
to this Board that we want an exclusive easement which we feel, or the Supreme
Court will grant us anyway, and we wish to purchase it in fee, or be given the
opportunity to do so. In conclusion ladies and gentlemen, I think these letters
are wildly inappropriate. I do not think they are properly in the purview of this
Board's legally authorized mandate. Thank you.
SUPERVISOR MURPHY: Thank you, Jim. Is there anyone else in the room would
like to speak.
MR. GUSTAVE WADE, Huntington, .Long Island: 1. would like to know if there are r ... .
any future communications in regards to my matter that I could be aware of that.
I do live in Huntington and 1. have to make arrangements to be here at a Town Board
meeting or at any type of meeting to represent myself and 1 would appreciate in the
future some consideration as to knowledge of public hearing or any type of a meeting
that will be taking place between the Town Board and Fleets Neck Property Owner's -
Association and my property. Thank you.
COUNCILMAN STOUTENBURGH: Gus, did you infer that you weren't notified because
of these letter?
MR. WADE: No, I'm just asking that in the future that 1 be notified.
COUNCILMAN STOUTENBURGH: Oh, okay, 1 just didn't you to think that----
SUPERVISOR MURPHY: Any public hearing or anything on that Gus, you certainly
would be notified. You don't have to worry- about that.
MR. WADE: Thank you, members.
SUPERVISOR MURPHY: Is there anyone else in the audience? Sir.
MR. BILL NICOL, President, Fleets Neck Property Owner's Association: There is
a letter from a Mr.. Dempsey asking that maintenance dredging be done at Stillwater
Avenue. It was dredged a number of years ago, I think back about about 1966 or
1967. The Association would like to go on record as supporting that application to
maintenance dredge that area.
SUPERVISOR MURPHY: Thank you, we did get the petition.
COUNCILMAN STOUTENBURGH: Could I ask you a question, Bill. Do you have a
place where you would put this spoil?
MR. NICOL: No, we'd .like to discuss that. We have some possible alternatives.
COUNCILMAN STOUTENBURGH: Because that is the key to any dredging and I
might add it was never dredged from the main channel over to the dug-out area.
MR. NICOL: Right. They would just like to keep the basin clear because it's
building up there.
COUNCILMAN STOUTENBURGH: Are they acknowledging that is Town waters?
MR. NICOL: Yes, they ,are.
COUNCILMAN STOUTENBURGH: Okay.
SUPERVISOR MURPHY: Are there any other comments from anyone in the
audience?
COUNCILMAN STOUTENBURGH: That's a very important point and you should get
that to the Trustees that that is Town waters. Because that was dug out and
somebody's giving up the right to that bottom-land. Okay?
JULY 31 , 1984 359
MR. NICOL: Yes.
SUPERVISOR MURPHY: Anyone else? (No response.) If not at this time I would
like a motion to close this meeting, rather lengthy one. r
Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 6:20 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.
v i Judith T.. Terry `
Southold Town Clerk