HomeMy WebLinkAboutTB-02/26/1985 148
SOUTHOLD TOWN BOARD
FEBRUARY 26, :1985.
WORK SESSION
Present: Supervisor Francis 'J. Murphy, Justice Raymond W. Edwards, Council-
man Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean W.
Coghran,. Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker.
9:00 A.M. - Executive Administrator Victor Lessard met with the Board to discuss
the proposed Co—cal Law on Accessory Apartments submitted by Supervisor Murphy
for ments. . The Board has received other comments on this 'from Councilman
Townsend (who could not be at this-'meeting), Board of Appeals, Planning Board
and .the Housing Advisory Committee. After a. lengthy discussion it 'was agreed
that this''matter should be discussed jointly with the Town Board, Code Committee,
Board of Appeals, Planning Board and Housing Advisory Committee in'a special'
session.--The Board..discussed the Rroposed agreement with R.".W. Beck and
Associates for an Engineering Overview Study Estab is ing a Municipal Elec&ic-
Utility and a request to the Power Authority of the State of New York for a
contract allocation of ten megawatts of hyd roelect ri c 'power and energy. . These
proposals will be placed on the regular .agenda (Resolutions No.* 34 & 35) after ,
line -item transfers are found for the $15,'000 'fee for R. W. Beck, (Resolut,ion No.
33) .--Letter from John Clavin; Harbormaster, ' Fishers Island requesting the Board's
approval .of two dumpsters to handle the garabe deposted by boat owners.' visiting
West Harbor was discussed. It was determined that the location of the dumpsters
would not be on Town property and they are also used by the Yacht Club who
should also be responsible.' Superintendent of Highways Dean will look .into this
problem, discuss it 'with Mr. Clavin'and- find' a .solution for the problem.--In another
letter Mr. Clavin�recommended the increase in'mooring fees at West Harbor from
$50. 00 to $100.00 for non-residents. The Board agreed and Town Attorney Tasker
will 'prepare a Local Law for submissiori at the March 12th meeting. Mr. Clavin ;
also volunteered for another appointment as Harbormaster and agreed to extend
his term for the full year. The Board had no objection and 'a resolution will be
placed on the March 12th agenda.--A proposed Local Law concerning building
.set back- requirements on lots adjacent to water bodies and wetlands was discussed
and placed on the regular meeting agenda (Resolution No. 37) .--Another proposed
Local Law for a partial real estate property tax exemption for Senior Citiiens was
reviewed and placed on the regular meeting agenda (Resolution No. 36) .--Proposed
Resolution No. 14, An Act authorizing the Town of Southold to establish a land
acquisition fund and also authorizifng said'Town. to impose a real property transfer
-----tax to be deposited in the land -acquisition fund, was reviewed.. Town Attorney
Tasker submitted the. revised East Hampton law as he felt it should pertain�to
Southold Town.
11:25 A.M. - John Dorman, Chairman of the Landmark Preservation Commission,
addressed the Board concerning Resolution No. 25, a proposed application and
proposal toi-the New York State Council on the Arts 'fora Historic Structures
grant. (Commission member LLouis 'Black was also in' attendance.) Mr. Dorman
made a most 'impressive presentation to the Board. concerning the Commission's
-accomplishments and their 'goals• for the future. He explained that the grant
would be in'the amount of $6,000 for two Isuccessive years for 'a historic 'structure's
inventory and would encourage the preservation of landmarks through educational
activities.
12:05 P.M. - Recess for-lunch. -
1:30 P.M. - Work Session reconvened:and the Board continued reviewing items
for discussion, as well as agenda resolutions: Proposal of County Executive
Cohalan for a Constitutional Amendment which would allow counties which so
elect to participate in housing programs and the creation of a Suffolk County
Housing Authority. The Board unanimously opposes this 'proposal and thereby
added Resolution No. 32 to the regular meeting agenda.--Request from William
'FEBRUARY 26, 1985 149
Wickham, Esq., on behalf of E. Wilson Tuthill; to turn over to the Town a
'!proposed basin" in his 'subdivision known as "Sunny Shores" at Cutchogue.
Town Attorney Tasker will research the ownership:of the parcel.--Communications
system proposal from AT&T Information Services was presented to the Board by
Supervisor Murphy. - The Board was concerned with the cost and suggested that
other proposals be sought.--Receipt of proposal by Dr.. Edward Carpenter who
appeared before the Board previously concerning a project to monitor for paralytic '
shellfish poisoning (red tide) in Town waters, at a cost of :$9, 129. It was decided
a letter should be forwarded to the DEC and Suffolk County Department of Health
Services asking them to monitor for this 'problem as the Town does not have the
equipment or ability to do so.--Letter from the Suffolk County Legislature concerning
a March 14th meeting concerning d,proposal .to create a .Suffolk County Housing Task
Force. Council�homan Cochran will attend.--Letter from the East End Livestock and
Horsemen's Association, Inc. requesting the Code Committee to reconsider proposed
amendments to the Zoning Ordinance concerning principal use and accessory use of
land.. Councilman Schondebare will-:meet with the Association's President Frank
Tarulli to iron out their "differences and again'discuss this -with the Code Committee.--
Councilman Stoutenburgh brought to the Board's .attention a list of Freshwater Wet-
lands in'the Town which he would like the DEC to consider in the preparation of
their final Freshwater Wetlands Map. He stressed the importance of the DEC recogniz
ing these areas and the Board. agreed the list should be submitted.
1:30 *P.M. - Frank Bear, Chairman of the Water Advisory Committee, met with the
Board to request permission to hold two public informational meetings concerning
water quality and quantity in'the Town.. They would like to hold one on March 27th
at Poquatuck Hall,. Orient for residents of East Marion and Orient and one on April '
10th for the remainder of the Town. At these meetings Martin' Trent will'address
the water. conditions, James Monsell will'address 'supply, and Dave Newton with
discuss the problems that exist. The Board agreed the meetings would be important
and should be held. Mr. Bear submitted to the Board for their 'approval a proposed ..
flyer entitled, "The Water We Drink." He would like 5,000 printed for distribution
throughout the Town, as well as 'inclusion in the Greenport-Village water billings.
With minor changes suggested by Councilman Stoutenburgh printing of the flyer was
approved, the money for which has been provided in the :1985 Water Advisory Committee
B udget.
2:45 P.M. - Continued review .of agenda and off-agenda items: Councilwoman
Cochran brought to the Board's attention the need for an attendant at the
Senior/Youth Center when evening events are .scheduled, stressing her concern
relative to. vandalism when a custodian is not on duty. Superintendent of High-
ways Dean will'work with Mrs. Cochran to schedule an attendant during those.
hours.--Discussion was held relative to the need for a second Bay Constable now
that Bay Constable Fingerle has been appointed to the Police .Department. It was
decided the Supervisor would request a List of Eligibles from the Department of
Civil Service and in' the event there is 'no one on the list, the Town Clerk is 'to
advertise for resumes. (Resolutions 38 and: :39 on the regular meeting agenda.)--
Councilman Stoutenburgh requested the Board to consider acquisition of the Dietz
property on Mattituck Inlet . Town Attorney. Tasker will' research this.'matter.--
The question of. the established practice of advertising for resumes and interviewing
for positions presently held by. various members of Boards, Commissions and Committees
was discussed. The Board is unsure- of the need for this 'in'many instances. They
will' completely review this 'procedure in'three months time.
3:00 P.M. Following the -au.dit,-of:outstanding. vouchers for the Highway Department
:and Fishers Island Ferry,. District the Work Session adjourned.
REGULAR MEETING
3:00 P.M.
A Regular Meeting of the Southold Town-Board was held on Tuesday,
February 26, 1985, 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
!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
Absent: Councilman Joseph L. Townsend, Jr. (out of town)
150 FEBRUARY 26, 1985
SUPERVISOR MURPHY: . The first thing I would like a resolution approving the
February 26th, :1985 audit of the bills.
Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it 'was
RESOLVED that the following audited bills be and hereby are ordered paid:
Highway Department bills in the amount of $28,756.95 and Fishers Island Ferry
District bills in the amount of $166,971. 00
Vote of the Town Board: Ayes:. Councilwoman Cochran, Councilman Schondebare;
Councilman' Stoutenburgh, Justice Edwards,, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: The next is -to ask for a resolution approving the minutes
of the Regular Meeting of February 5th, :1985. and the Special' Meeting of February
21 st, :1985:.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED ghat the minutes of the Regular Meeting of the Southold Town Board
held on February 5, :1985: and the minutes of the Special' Meeting of the Southold
Town Board h�ld on February 21, :1985: be and hereby are approved.
Vote of the Town Board: Ayes: Councilwoman-'Cochran, Councilman Schondebare,
Councilman Stoi tenburgh, Justice. Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: ...The next resolution is to set the. next meeting date at
March 12, :1985: at 7:30 'P.M., Southold Town Hall.
Moved by Supervisor Murphy, seconded by Justice Edwards, it 'was
RESOLVED that the next Regular Meeting of the Southold Town Board will ' be held
at 7:30 P.M. , Tuesday, March 12,' •1985' at .the Southold Town Hall, Main'Road,
'Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
J
1. REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on your agenda, Reports, the
following reports are on file in the Town Clerk's .Office.
.1. Sztpatowski Associates Inc. , our planning consultant, for January :1985'.
2. ' Southold Town Juvenile' Aid�Bureau, Annual Report for :1984. A. very
interesting report and one that. I think the Juvenile Aid'Officers and Jim' McMahon
are doing a tremendous job.
3. Town Justice Edwards, January :1985'.
4. Town Justice Tedeschi, `January :1985.
5. Board of Town Trustees, January :1985'.
6. Dimensino Cable Services,' progress update.
7. Southold Town Police Department monthly report, January :1985.
8. Councilmen and I will start on my right. hand side with Councilman
Schondebare.
COUNCILMAN SCHONDEBARE: We had a meeting of the Commerce and Industry
Committee last week. We changed the date of it: It used to be the second Wednesday
of each month and we made. it 'the third Wednesday of each month. Some of the areas
that we touched upon was the density applying to multiple dwellings, which is `on our
list for tonight. We also talked about the airport. I think that their basic feeling is.'
and I think the Chamber. came .out with it,- is to see the Airport Study completed. I
also asked David Mudd to again present to me a zoning concept from somewhere per-
taining to. vineyards so we had something to work with. We also discussed the rerouting
of Route 25 'and I know they have sent a proposal to the Town with their recommenda-
tions as to posting of signs, etc. rather than changing the route itself. They seem
to be greatly, concerned about the cost to the Village of Greenport on having to take
over the snowplowing and paving and sidewalks if the road is.'changed and the State
no longer is responsible for it.' I think we already reported on the Code Committee
on horses and everything else. We. have a proposal submitted with regards to the
new horse ordinance. We gave a. copy of it to the East End Hot-semen's Association.
I received correspondence back from Frank Tarulli indicating in sum and substance
that he didnItt like it 'and_the Association didn't like it.' I've set a meeting with Mr.
Tarulli for this 'Thursday at 5:00 o'clock so that he and I could sit down and go over
it.' In addition, just looking it-.over there are some problems that I have to discuss it
with our Town Attorney since I believe amended one section of it pertaining to horses
and I think we wiped out all the cows; pigs and sheep in' the Town so I think we better
revamp it 'again: Outside of that everything's going along smoothly.
SUPERVISOR MURPHY: Thank you, Jay. Joe Townsend's on. vacation down in sunny
Mexico. Paul?
COUNCILMAN STOUTENBURGH :' As we all know we went to the Association of
Towns meeting last week. It was quite an event. Lots of things going on there.
FEBRUARY 26, 1985 151
Just a few highlights, and these are. just ,a few of them. 1 was particularly interested
in finding out what was being done at Conservation Advisory Council meetings for
the simple reason we're thinking of doing something as far as making our Council
a little more active and it 'was interesting that they presented two programs. One
on a beach area that they're setting aside. This 'is 'something that we've been doing,
Ray Dean has been cooperating with us here at Cedar Beach, but the Councils` take
these things 'on and do the patrolling, putting up the fence, setting up education
programs, sending out leaflets, things like this; so that was quite a program. The
other program was the preservation of the Nissequogue River which the Smithtown
Conservation Advisory Council- if 'any of you know the big' bull in Smithtown, that
river that runs all the way .down to the Sound, well they're working on that and
setting that whole area up. But the one that really fascinated me and one which is
close to my heart because it 'has to do a little bit 'indirectly with groundwater was
the Babylon group and the Babylon people have taken on the project of surveying
their -town for home heating fuel tanks with the idea that the problem is just starting
to arise in-the towns. . That fuel tanks are rotting out and polluting their 'own water
and they made a survey--and just let me read some of the things they're finding:
six percent of their town had one to five year old tanks, seven percent had six to .
ten, seventeen percent of the tanks were eleven to fifteen years old, twenty percent
of the tanks. were sixteen to twenty years old and forty-seven percent of the tanks
were over twenty-one years old. The. average life they give fora tank is '-Fifteen
years.. That q.ive you any indication of the problem that's going on or is 'starting
to leak into our groundwater or will ' be leaking into our groundwater if we were the
same kind of town? What they're doing is 'setting up an educational program so that
the people will be able to monitor their 'own tanks. Now a lot of people say, well,
who's going to do that? Who cares if 'it "runs into their 'groundwater? Well, here
you 'run into your groundwater you turn on your faucet you're going to be getting
fuel oil out of it 'and to clean that mess up-is `ten times more expensive then just
putting in`a new 1 fuel tank if you think you. have a problem. And so by letting
it 'go you're not gaining anything and this is what they're trying to educate their '
people. I bring these things *to. you to show that some of these conservation groups
are really taking on a project and. really doing something with it. We also attended
many others, the PASNY one which we have a resolution in'here with touches on
that. We also spoke about sendin' things in'our tax bill. Judy. and I sat through
that one. What you can send .along with a tax bill; again'trying to educate the
public; giving the public 'some idea of what's going on in'their 'town, where they
can get permits and things and this was a• complicated legal thing which has been
worked -out it 'was that important that they put it on the Association of Towns agenda.
We know how to go about that now. and I did go to this 'one where they had early
retirement and we're thinking of some of the employees in' the Town getting out early
and an early retirement program and we brought back good information that will'help
us in these problems. So I think in'all if anything a little bit 'here, a little bit 'there
gives us all a broader understanding of what's going on, not only in'our own Towns,
but in other towns around us. l think that's about all.
SUPERVISOR MURPHY: Thank you, Paul. Jean?
COUNCILWOMAN COCHRAN : I also attended the Water Advisory meeting on
February 11th of which Frank Bear reported to the Town Board during the Work
Session. I didn't realize', Jay, that we wiped out all the chickens in'the Code
Committee.
COUNCILMAN SCHONDEBARE: We .did:
COUNCILWOMAN . COCHRAN : 1 also met with the Chamber of Commerce on the
13th of which Jay has just reported. Also I found the Association of Towns a
interesting format this 'year. Whenever you go to any of these conferences some
of your speakers are excellent, some are mediocre and some are just "eh", but
overall I felt that it was a 'good session to attend. I spent all day Tuesday sitting
in'on the different zoning seminars because I felt that that was an area that I would
like to know more about. In addition to attending the Workshop on PASNY. Also
an interesting one that I felt,. which I attended, was Legal Concerns and .Antitrust
in' Civil Rights and Liabilities in Land Use Re ulatory Actions. Overall I felt that
it was worthwhile and I felt I did' benefit 'by attending on behalf of the Town. Also
.this past week as a member of the Town Board CSEA Negotiating Committee we did'
meet with Mr.. Graves in:.relatiori to the CSEA contract. I've also met several evenings
ago with the Housing Advisory Committee and the major part- of the evening was spent
on reviewing the local law in' relation to accessory apartments. The only other thing
I'd like to thank the Greenport Fire Department for inviting us to take part in' their '
Washington Day Parade and to add my congratulations to their '140 years of service
to the community. That's it.
SUPERVISOR MURPHY: Thank you, Jean. Judge Edwards?
JUSTICE EDWARDS: I also attended the Association of Towns down in New York
and parallel to what Paul was talking about I attended a seminar given, by Owens
Corning Glass Company regarding double walled glass tanks and they had an excellent
slide presentation and the tanks are quite expensive. It .works out to about a dollar
a gallon to buy them, but these double tanks have a monitoring device where you can
152 FEBRUARY 26, 1985
tell if 'it's leaking and it 'was very encouraging to realize' .that people are starting to
become aware. of a buried tank. There is 'a maintenance procedure that people can
use and 1 hope they go into this 'to safeguard these tanks from leaking. . True, as
Paul said; the life expectancy of them is 'fifteen years, but with giving good care it
can be more than that. The tank will ' leak from the inside out, not from the outside.
It's because of the .water that's added to .the oil-that .forms an acid that eats away in
the tanks. And another. conference I attended down in' New York was on the bottle
bill: . There's some new rules and regulations involving the bottle bill 'and on Fishers
Island we're. very concerned with it 'over there because we do not have a redemption
center,• per se, that you have here. It's getting to be quite a problem. So all in
all the Association of Towns is 'a good meeting place for new ideas. It's. very very
good. 'Just a little while ago I okayed a. voucher for the Ferry District to the ship-'
yard down in Panama City, Florida that's building our new vessel and I would imagh
it's about twnety-five to thirty percent complete now. What was that check? About
$159,000, of which only Fishers Island pays for. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Ray. The best thing I brought .back from the
Association of Towns was a real good. cold and I'd be happy to give it to anyone
who would like it.'
I1. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving-on to the second item on the agenda; Public '
Notices.
1. Corps of Army Engineers, applicatioh. .of John G. Scott to install two
moored shellfish nurseries in Cutchogue Harbor, .Cutchogue.
2.(a) Public 'Service Commission public 'hearing on New York Telephone Company
rate increases, 7:00. P.M. in Plattsburgh. They really make an effort to get around
to- make it `easy for us down here.
2.(b)Public Service Commission.public 'hearing on New York Telephone Company
rate increases, Buffalo. That tells you something about what they think of us or
our input. But you may write to them also and there will be one, I'm sure, down
at Mineola.
These by the way, all these public notices, are on the Town Clerk' s Bulletin
Board.
3. Department of Environmental Conservation,. Tentative Freshwater Wetlands
Maps for Suffolk County and informational meetings on March 12th, 2:00 to 7:00, and
public hearings on Tuesday, March, 9th, 2:00 to 7:00. Both to be held in•New York
State-Department of Environmental Conservation .Conference Room, Building 40 at th(
State University at Stony Brook.
4. DEC Notice of Complete Application of John G. Scott III for off-bottom
culture of shellfish permit -which. shall. allow the placement and operation of an off-
bottom shellfish culture grow-out activity. in'the waters of Cutchogue Harbor.
Written comments by March 1st.
5.: DEC Notice of Complete Application'of Seacroft, Ltd. by Richard Cron to
install .a complete water supply system, including wells, pumping equipment, storage
and distribution system to serve a new adult community in•Cutchogue.
6. . New York State DEC Notice of Complete Application of Gary Doroski to
construct an accessory building, Monsell Lane, Mud Creek, Cut chogue.
I[. ' COMMUNICATIONS.
SUPERVISOR MURPHY : Moving on to item Number 111, Communications.
1. Notice about the- Long Island Flower Show that will' be held at Farmingdale,
at the State University of Farmingdale, March. 2nd to :10th:
2. Letter from the Greenport-Southold Chamber of Commerce on various--it's
a letter to Mayor George Hubbard on. various problems with the business• community
in�the Village.
SUPERVISOR MURPHY: We're-just about in'time for -our public 'hearings. We have
two scheduled today.
Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it :was
RESOLVED that a recess be called at this time, 3:30 P.M. , for the purpose of holdh
public 'hearings.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This -resolution was declared duly ADOPTED.
IV. PUBLIC HEARINGS.
3:30 P.M. - Proposed Local Law entitled, "A Local Law in relation to electing a
retirement incentive program as authorized 'by Chapter 665, Laws of 1934, for eligible
employees of the Town of Southold."
3: 35 P.M. - Proposed amendment of the current Town Budget relative to the use
of Federal Revenue Sharing Funds.
Meeting reconvened at 3:37 P.M.
FEBRUARY 26, 1985 1 5 3
V. RESOLUTIONS.
SUPERVISOR MURPHY: We'll move 66 to item Number V, Resolutions. Paul?
I. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute a contract between the U. S.
Department of Housing and Urban Development and the Town of Southold for the
Section 8 Annual Contributions for the 12 month .period ending June 1985, all in
accordance with the terms and conditions of the contr-act as approved by Town
Attorney Tasker.
SUPERVISOR MURPHY : Any questions on this? (No response.)
1.-Vote of the Town Board: . Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: The next one I'd like Councilwoman Cochran to read
concerning .Girl' Scouting.
COUNCILWOMAN COCHRAN : Thank you.
2. Moved by Councilwoman Cochran, seconded by the. Entire Town Board,
WHEREAS, Tuesday, March 12,' -1985 will'mark the 73rd Birth of Girl' Scouts in
the United States, when on that day back in'the year 1912 Juliette Gordon Low,
their founder, held the first meeting of.girls in' her home in'Savannah, Georgia; and
WHEREAS, the Girl Scout Councils' and their 'Troops across America have' undertaken
a multitude of highly commendable projects, a means of helping others and encouraging
youth participation and involvement in'worthwhile endeavors; and
WHEREAS, through these many years Girl' Scouting has exemplified and enhanced_
those qualities of womanhood most admired, and encouraged many young women to
choose careers which help improve. family. and community, and ,
WHEREAS, the Girl' Scouts ,of America have fostered. the growth of character, self-
reliance, .integrity, development of talent and love of God and Country, now, therefore
be it '
RESOLVED that the Town Board of the Town of Southold hereby proclaim' the week
of March 10, 1985 as AMERICAN GIRL SCOUT WEEK in.the Town of Southold.
2.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, 'Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is 'a house trailer renewal permit.
3. Moved by Justice Edwards, seconded by Councilwoman Cochran; it was
RESOLVED that the application of Zdzisl'aw Mikolajczyk .for renewal' of his 'single
family house trailer permit 'for trailer located n the south side of private road
(John's Road), off of the east side Main Road, Mattituck, New York, which expired
on January. 9, •1985, be and hereby is ` ranted for a six (6) month period.
3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, 'Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is a significant determination on a zone change.
4. Moved by Councilman Schondebare, seconded by Councilwoman Cochran,
WHEREAS, Herbert Mandel has heretofore applied to the Southold Town Board for
a Change of Zone from "A" Residential and Agricultural District to "B" Light
Business District on certain'property located on the north side of N-.Y.-S. Route
25," East Marion, 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, Herbert Mandel,
of this determination, and -further. request said applicant to prepare a draft
environmental impact statment, all in I accordance with ,said' laws, rules and code.
SUPERVISOR MURPHY: Any questions? (No response.)
4.-Vote of the Town Board Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
154 FEBRUARY 26, 1985
SUPERVISOR MURPHY: . Number 5 is Ao set a public 'hearing on a draft environmental
impact statement.
5. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold, in'�accordance with Chapter
44, Section 44-10(B) of the Code of the Town of Southold, hereby sets 8:00 P.M. ,
Tuesday, April. 9, .1985, Southold Town Hall,. Main'Road, Southold, New York as time
and place for a public hearing upon the Draft Environmental Impact Statment submitted
by Elizabeth J. Homan for a change of zone from "A" Residential and Agricultural
District to "C" Light Industrial District on- certain'-property located on the southerly
side of Main-.Road (Route 25), *415.42 feet"east of Stillwater Avenue, Cutchogue, New
York. .
SUPERVISOR MURPHY: Any questions on it? (No response.)
5..-Vote of the Town Board: Ayes: Councilwoman Cochran, . Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.'
SUPERVISOR MURPHY: Number 6 is to grant an extension of a Wetland Permit.'
6. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby grants an extension
of Wetland Permit No. 144, applicant Michael Carlucci, `said'extension to expire on
July 17, •1985, which extension coincides with Town Trustee permit extension.
6.-Vote of the Town Board: Ayes: . Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, 'Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is 'to accept a bid'for new police cars.
7. Moved. by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid'
of Mullen Motors, Inc. for supplying the Town with six' (6) new 1985 Police Vehicles,
less six.:(6) trade-ins, at a net, cost of $64,:395.'00.
SUPERVISOR MURPHY: Any questions on it?'
COUNCILMAN STOUTENBURGH: Do they come through equipped just the way we
want them, everything on them?
SUPERVISOR MURPHY; Yes, it's a regular police package, Paul. That's why you
have to go out to bid'at this `time of the year.. We won't accept delivery, probably,
until 'the end of May. _
COUNCILMAN STOUTENBURGH : You don't get any 5 'year,' 50,000 guarantee on .
this 'either.
SUPERVISOR MURPHY: No, sir:. You use .50,00.0 in` a little over a half a year.
7.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice. Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is `to reject a. bid--all bids.
8.: Moved by Councilhoman Cochran, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby rejects all bids
for the purchase of one (1) new :1985' Vehicle for the Bay Constable, as submitted
at the bid'openinq: .10:00. A.M., Thursday, February 14, :1985'.
SUPERVISOR MURPHY: Any questions on this? (No response.)
8.'-Vote of the Town Board: Ayes: Councilwoman Cochran,. Councilman Schondebare,
Councilman Stoutenburgh, Justice. Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
. SUPERVISOR MURPHY: . Number: 9 is 'to readvertise' for bids for this 'vehicl'e.
- 9. Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of one (1) new :1985 ,
Vehicle for the Bay Constable.
SUPERVISOR MURPHY: The reason for this 'is that the specifications that were
submitted to the Town Clerk neglected one page which was very important on
specifications- concerning suspension, axle, wheels, tires, brakes and steering.
Most important.
FEBRUARY 26,' 1985 155
COUNCILMAN SCHONDEBARE: You would have gotten, cars with no suspension,
wheels, axles----
.SUPERVISOR MURPHY: Any other questions? (No response.)
9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice: Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number '10 is 'to, authorize the Town Clerk to advertise
for a bid'.
10. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk .to advertise for bids for the purchase and application of
1.50,'000 gallons, more or less as may be needed, of Grades .RC-2.. and MC-2 Asphalt
Road Materials,for the Highway Department. ,
'10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, 'Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Resolution No. 11 is 'for .a speed survey.
11. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
-RESOLVED that the Town Board of.the Town of Southold hereby authorizes and
directs the Town Clerk to request the New York State Department of Transportation
to conduct a speed survey on Elijah's ,Lane, Mattituck, from N.Y.S. Route -25 to the
Railroad tracks, and on Manhanset Avenue, Greenport, from N.Y.S. Route 25 to its
terminus at the Norman. E. Klipp Marine Park (Gull Pond)
SUPERVISOR MURPHY: On this, just as a.sidelight, at the Association of Towns one
of the resolutions we were asked to. vote upon was for towns under 100','000 people to
get back this power to set their 'own speed laws and thankfully it 'was rejected by
the towns mainly because of 'the old ways of setting speed traps. . This 'is 'the purpose
of it `in towns of our size' so that we cannot set speed traps, that it 'is 'done profession-
ally. They feel that towns less than 100,'000 'should not have this 'power and I agree.
Any other questions? (No response.)
11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is 'to adjust the -1984: Nutrition Budget.
12. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town-Board of the Town of Southold hereby increases the
estimated revenues in the :1984' Nutrition Program Budget by $20,'000. 00 cash in'
lieu, and $584.00 - use of money and properties.
12.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number '13 is 'to authorize' the building inspectors to
attend a conference.
13. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize's two
Building Inspectors to attend the Tenth Annual Building Officials Educational
Conference at Rochester, New York on April 22, 23, 24, 1985, and the necessary
and actual expenses .for meals, lodging and travel shall be a legal charge against
the Town of Southold.
13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, -Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED. .
SUPERVISOR MURPHY : Number 14 is 'the enabling legislation for our proposed
land..bank.
14. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, pursuant to Section 40 of the Municipal Home Rule Law of the State of
New York, this 'Town may request the State Legislature to pass a special law relating
to its property, affairs of government, which law, by its terms, applies only to the
Town of '.5outhold, and
WHEREAS, the Town Board desires the introduction and enactment of a special law
entitled, "AN ACT authorizing the Town of Southold, County of Suffolk, to establish
a land acquisition fund and also authoozing said Town to impose a real property
transfer tax with revenues from said tax to, be deposited in the land acquisition
fund," a copy of which is annexed hereto and made a part of this resolution, and
WHEREAS, a need exists for the passage of said legislation because the Town cannot
156 FEBRUARY 26, 1985
enact such legislation by local law, and
WHEREAS, the Town Boards of the Town of East Hampton and Southampton have
also requested the passage of identical legislation for their Townships, now, therefore,
be it
RESOLVED that the Town Board requests the introduction and enactment of said
special law, and be it further
RESOLVED that the Town Clerk is hereby directed to forward a copy of this
resolution to the Town's State Legislators as well as to the Town Boards of the
Towns of East Hampton, Southampton, Shelter Island, Riverhead, and Governor
Cuomo.
AN ACT authorizing the Town of Southold, County
of Suffolk, to establish a land acquisition fund and
also authorizing said town to impose a real property
transfer tax with revenues from said tax to be deposited
in the land acquisition fund.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows :
SECTION 1 . LEGISLATIVE FINDINGS AND INTENT
The legislature finds that the protection and preservation
of open space, significant natural areas , places of special
historical or cultural significance, and the provision of
affordable housing, are. public purposes that greatly concerh
the people of the State. It is further found that techniques
such as the creation of land acquistion funds , permit local
governments to carry out such purposes . Therefore, this act is
intended to enable the Town of Southold, Suffolk County, to
protect and preserve its open space, natural areas , historical
and cultural resources and provide , affordable housing
opportunities through a land acquisition fund, financed by a
tax levied on the' transfer of real property within the Town.
SECTION 2. DEFINITIONS
As used in this act, the following words- and terms shall
have the following meaning:
(a) "Person" means an individual, partnership, society,
association, joint stock company, %corporation, estate,
receiver, trustee, assignee, referee or any other person acting
in a fiduciary or representative capacity, whether appointed by
a . court or otherwise , any combination of individuals, or any
other form of unincorporated enterprise owned or conducted by
two or more persons .
(b) "Deed" means any document, instrument, or writing
(other than a will) regardless of where made, executed or
delivered, whereby any real property or interest therein is
created, vested, granted, bargained, sold, transferred,
assigned or otherwise conveyed.
(c) "Real property or interest therein" means every estate
or right, legal or equitable, present or future, vested or
contingent, in lands, tenements or hereditaments , which are
located in whole or in part within the town. It shall not
include a mortgage or a leasehold for a stated term of years or
part of a year except where the term of said leasehold and any
options for renewal exceed forty nine years. It shall not
include rights to sepulture.
(d) "Committee" means the committee appointed by the Town
Board of the Town of Southold to act in an advisory capacity to
the Town Board with regard to land acquisitions .
(e) "Consideration" means the price actually paid or
required to be paid for the real property or interest therein,
whether or not expressed in the deed and whether paid or
required to be paid by money, property, or any other thing of
value. It shall include the cancellation or discharge of an
indebtedness or obligation. It shall also include the amount of
any mortgage, lien or other encumbrance, whether or not the
underlying indebtedness is assumed.
(f) "Fund" means the Town of Southold, Suffolk County,
land acquisition fund created pursuant to Section 3 of this
act.
FEBRUARY 26, 1985 157
(g) "Grantor" means the person making, executing or
delivering the deed.
(h) "Grantee" means the person accepting the deed or who
obtains any of the real property which is the subject of the
deed or any interest therein.
(i) "Recording Officer" means the Suffolk County Clerk
(j ) "Town" means the Town of Southold, Suffolk County,
excluding areas within incorporated villages located therein.+
SECTION 3. LAND ACQUISITION FUND AUTHORIZED
(a) The Town Board of the Town of Southold in Suffolk
County, may establish, by local law, a land acquisition fund
for the purpose of acquiring and administering rights in real
property within the Town (i) for the preservation of open
spaces and areas pursuant to section two hundred forth seven of
the General Municipal Law, (ii) for the preservation of
historic or cultural places and ,properties pursuant to article
5-k of said law, or (iii) as part of an urban renewal plan
pursuant to Article 15 of said law to provide residential .
housing opportunities.
(b) The Town Board shall have the power to borrow money;
and issue bonds to effectuate the purposes enumerated in
paragraph (a) of.-this Section.
(c) Deposits into the fund shall include (1) funds from
whatever source deposited into the fund by the Town of
Southold, County of Suffolk,_ the State of New York, the United
States government, or any of their instrumentalities , agencies ,
or political subdivisions; (2) voluntary contributions of money
and other liquid assets to the fund from any private source;
(3) revenues from taxes imposed upon the transfer of real
property interests as set forth in Section 6 of this act,
together payments of penalties under Section 11 of this act.
(d) Monies credited to said fund may be utilized to pay
the cost of acquisition of interests in real property
authorized pursuant to paragraph • (a) of this Section, and the
costs and expenses for the care, maintenance, preservation and
improvement thereof.
(e) Said local law shall also provide for a committee to
advise the Town Board with respect to land acquisition. The
number of members , powers, duties and procedures of said
committee shall be provided for in said local law consistent
with this act.
(f) , The tax authorized by Section 6 of this act may only
be imposed where the fund provided for in this Section has been
created.
SECTION 4 . MANAGEMENT PLAN PROVIDED FOR FUND
The Town Board shall annually approve a report which is
consistent with- the Town Master Plan. .The report shall show all
real property interests then currently held by the Town,
including a . description of the use thereof, and all
acquisitions, improvements or dispositions of real property
interests held by the Town at any time during the year,
including the reasons for such acquisitions, improvement or
dispositions .
SECTION 5 . FISCAL MANAGEMENT FUND
(a) The Town shall keep a full and accurate account of 'its
actions, including a record as to when, from or to whom, and on
what account money has been paid or received relative to this
act, and as to when, from and to whom and for what
consideration .real property interests have been acquired,
improved, and disposed of.
(b) The Town Supervisor of the Town of Southold, Suffolk
County, shall keep a full and accurate account stating when,
from or to whom, and on what account money has been paid or
158 FEBRUARY 26, 1985
received relative to the activities of the Town and the open
space acquisition fund.
SECTION 6 . TAX AUTHORIZED
Notwithstanding any other provisions of law to the
contrary, but subject to the limitations enumerated in this
act, the Town of Southold, Suffolk County, acting through the
Town Board, is hereby authorized and empowered to adopt and
amend local laws imposing. a tax on each deed at the time it is
delivered by a grantor to a grantee at the rate not to exceed
two percent of the consideration or value of the real property
or interest therein conveyed. A- graduated rate of tax providing
for an increased rate of tax for increased consideration may be
enacted in said local law, however, in .no case shall the
highest rate exceed two percent.
SECTION 7 . ADMINISTRATION OF TAX
(a) The tax authorized by this act shall be administered
and collected in such a manner as may be provided by local law
with such amendments in respect to - administration and
collection as may be enacted.
(b) Nothing contained herein shall limit the authority of
the Town to enter into cooperative agreements for the
collection of the tax authorized by this act.
(c) A recording officer shall not record a deed unless the
tax authorized by this act shall have been paid.
SECTION 8 . PAYMENT OF TAX
(a) The real estate transfer tax shall be paid by the
grantee. If the grantee has failed to pay the tax authorized by
this act, or if the grantee is exempt from such tax, the
grantor shall have the duty of paying such tax.
(b) For the purpose of the proper administration of this
act and to prevent the evasion of the tax hereby authorized, it
shall be presumed that all deeds are taxable. Where the
consideration includes property other than money, it shall be
presumed that the consideration is the value of the real
property or interest therein. Such presumptions shall prevail
until the contrary is proven, and the burden of proving the
contrary shall be upon the grantor.
SECTION 9. EXEMPTIONS
(a) .The following shall be exempt from the payment of the
real estate transfer tax:
1 . The transfer of real property interests to The State of
New York, or any of its agencies, instrumentalities, political
subdivisions, or public corporations (including a public
corporation created pursuant to agreement or compact with
another state or the Dominion of Canada. )
2. The transfer of real property interests to the United
Nations, the United States of America and any of its agencies
and instrumentalities.
3. The transfer of real property interests to any
corporation, association, trust, community chest, fund or
foundation organized and operated exclusively for religious,
charitable or educational purposes , or for the prevention of
cruelty to children or animals, and no part of the net earnings
of which inure to the benefit of any private shareholder or
individual and no substantial part of the activities of which
are used to influence legislation; provided, however, that
nothing in this paragraph shall include an organization
operated for the primary purpose of carrying on a trade or
business for profit, whether or not all_ of its profits are
payable to one or more organizations described in this
paragraph.
(b) The" tax shall not apply to any of the following deeds:
FEBRUARY 26, 1985 1 5 9
1 . Deeds which are or were used to secure a debt or other
obligation.
2. Deeds which, without additional consideration,
confirm, correct, modify or ' supplement a deed previously
recorded;
3. Deeds' or conveyances of real property without
consideration and otherwise than in connection with a sale,
including deeds conveying realty as bona fide gifts ;
4. Deeds given in connection with a tax sale;
5 . Deeds given pursuant to mergers , dissolutions or
consolidations of corporations or transfers by or to subsidiary
corporations by a parent corporation for no consideration other
than cancellation or surrender of the subsidiary' s stock;
6 . Deeds of partition.
SECTION 10 . LOCAL OPTION EXEMPTION
The Town Board may, by local law, allow an exemption not
to exceed one hundred thousand dollars of the consideration of
the conveyance of residential real property or interest
therein. Different rates of exemption may be provided for
improved and unimproved residential real property.
SECTION 11. PENALTIES
The Town Board may, by local law, impose penalties for
failure to pay the tax authorized by this act.
SECTION 12. DISPOSITION OF REVENUE
All revenues -collected by the Town pursuant to Section 6
of this act shall be deposited in the land acquisition fund of
the Town, pursuant to Section 3 of this act.
SECTION 13. LIMITATION ON TAXING AUTHORITY
The authority to impose the tax provided for in Section 6
of this act shall terminate, if on December 31 , 1994 , there
shall be no bonds or other obligations of the - Town issued for
the purposes authorized by this act.
SECTION 14 . EXISTING POWER AND AUTHORITY
Nothing contained in this act shall be construed as
limiting the existing powers and authority of the Town of
Southold.
SECTION 15 . SEVERABILITY
If any provision of this act or the application thereof
shall for any reason be adjudged by any court of competent
jurisdiction be invalid, such judgement shall not affect,
impair or invalidate the remainder of this act, but shall be
confined in its operation to the provisions thereof directly
involved in the controversy in which the judgement shall have
been rendered.
SECTION 16 . REFERENDUM
The provisions of this act shall not become effective or
become operative in the Town of Southold until submitted to and
approved by a majority of the qualified electors of the Town of
Southold voting at a special or biennial town election pursuant
to the provisions of Article 6 of the Town Law.
SECTION 17 . EFFECTIVE DATE
This act shall take effect immediately.
i -
160 FEBRUARY 26, 1985
COUNCILMAN SCHONDEBARE: I've got a lot of questions. First of all 1 view
this as a sloppy, improperly drawn law that's being sent to Albany where it's
supposedly going to die 'in a committee: I think that's exactly the intention of
these people when they drew it 'up. It's going to die up there. There are so
many things wrong with this thing that it's hard. Let me just give you a few
of the ideas of what's wrong with this thing. First of all the Town Board is going
to be allowed to have the power to borrow money and issue bonds to effectuate the
purpose enumerated in Paragraph A, and that is 'to buy land or take property off
the tax rolls, etc. The thing I don't like about it, we had a referendum which
everybody had to pass on for the Farmland Preservation, upon which to authorize'
the sum of money to buy land. Now this bill'will ' be 'subject to a referendum as a
whole, if it ever comes back. Assuming that the referendum is 'passed, thereafter
the people of the Town will ' no longer have a say, as I view this 'bill; as to how muc
money will be spent for the purpose of the Town acquiring land, nor how much land
will: be acquired by the Town. It would appear that the Town Board now has the
power or will have the power under this !bill to go right out and do it itself. Also
this Town supposedly has a policy with regards to housing. We are supposedly
going to have people come in who would be interested in developing housing and
I question what bill ' like this for two percent sales tax or a two percent tax over
and above the $100,000 isgoing to do to that type of individual who may be interested
in'putting housing into this Town. The other part is 'on page 3, which is Paragraph
D that says the moneys. credited to this 'fund that's going to be set up may be
utilized to pay the cost of the acquisition of real property. I say if you're going
to do this then you change may be to shall be and you don't have any options.
Anytime you see a maybe in there that leads me to believe that you have the funds
sitting in there and perhaps you've got to make a bill `and you've got to pay your
debt that has nothing else to do with the acqusiti6h of real property and you can
take that money out of this -fund and apply it 'to other uses. I don't know why
they put in maybe. Also my problem with this 'is 'that the people in'the Town are
going to believe that the transfer tax is '-going to be paid' by the buyer and is the
person coming in from out of town. However, it's not what it says, it says that
if the buyer, which is the grantee, fails' to pay the tax then the seller is 'going to
have to pay the tax. The local people in'the Town will' think that the fellow from
the big' city is 'going to pay the tax may be in' for a surprise if he doesn't do it,`
or if 'that person is exempt under the exemptions in this -bill; from paying this 'tax.
Also, the $100,000 is supposedly a cut-off, that is if you're selling real property or
your home for under $100,00.0 you no longer apply, over $100,000 does apply. I
would venture to say that most homes in'the township now are going to apply to
this law and where you're going to find that many homes around here under $100,OC
So it's going to apply to them. Also this 'thing is 'filled with constant mentions of
bonds and other obligations. The Town Attorney has brought out the limited Section
13 which is the limitation on taxing authority. If value imposed to tax provided for
in Section 6 of this Act shall terminate if 'on December 31st, 1994 there shall be no
bonds or other obligations of .the "Town issued for purposes authorized in 'this Act.
What bonds? Are we back to giving out bonds again? Did ' the people approve the
bonds? It seems to me that this 'Act, the money you got in'was the money you were
going to use to purchase. the real property. So why is there mention in'here about
the ability of the Town to float and have more bonds? I frankly feel that this needs
more work. We should sit down with it 'and it's not something we should simply ship
off Albany and hope that it may or may not be enacted and then if it is enacted it .
comes back to us and then we worry about what we did back in' February. It might
be a good idea. It may work, but I think there are too many holes in'this right
now. Maybe we could use the two percent .to purchase our housing, to purchase
land to have housing on it.' Do we want to go that route? That's public 'housing.
Is that somethinq the Town's interest.ed in? Do we want to do that? Maybe yes,
maybe no. Why doesn't the Housing Committee know about it? What's their position
on this type of bill? Are they interested in'doing that? Are we going to use the
money to buy more open space and more farmland? Who knows. And here we are
all voting on this: Thank you.
COUNCILMAN STOUTENBURGH : This 'is the result of what, two towns? East Hampton
and Southampton?
SUPERVISOR MURPHY: Yes, Paul. Any other comments on it? 1 would like to mal
a comment. This is just the enabling legislation and 1 agree, Jay, there are some
things wrong with it.' The reason it was going up the same as East Hampton and
Southampton, , from what I gathered, was that it stands a better chance of being passed
that way and that it's up to the Town to correct and to change any of the loop holes
once this 'enabling legislation is passed by the State and then we could put whatever
controls we want. The 'points you made are excellent and ones that should be considerec
Talking about the exemption, it's the first $100, 000 of the sale that was. But this is
all on a local. level. This 'is not. any part of this legislation and of the enabling. This
is just to set up the law for the proposed two percent tax.
COUNCILMAN SCHONDEBARE: What I'm saying is; it may be good, it 'may not. But
at this point we don't have enough knowledge so I will abstain'on voting. I'm not
voting no. It might be good, but we don't know.
SUPERVISOR MURPHY: Any other questions? (No response.)
161
FEBRUARY 26, 1985
14.-Vote of the Town Board: Ayes:' Councilman Stoutenburgh, Supervisor Murphy.
Abstain: Councilwoman Cochran, Councilman Schondebare, Justice Edwards.
This resolution was declared LOST.
SUPERVISOR MURPHY : Number 15 is 'a trailer permit renewal.
COUNCILMAN STOUTENBURGH : Could we inject something here? Would you take
it upon yourself to correct this 'then, Jay?
COUNCILMAN SCHONDEBARE: Thanks.
COUNCILMAN STOUTENBURGH : I mean, you're a lawyer, I'm not and you can find
the loop holes. 1 didn't see that many and therefore 1 bend to your knowledge and
1 expect you to come up with something for us. All right?
COUNCILMAN SCHONDEBARE: You got it.'
SUPERVISOR MURPHY: And we did'discuss this.'
COUNCILMAN SCHONDEBARE: That's why I had Fred Thiel over and I raised the
same questions to him and nothing happened.
SUPERVISOR MURPHY: Next is the trailer permit renewal.
15. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the application of Walter Sawicki and Frank Sawicki for renewal
of their single family house trailer permit, for trailer located at the north side of
Old North Road, Southold, New York, which permit expires on March 23, 19851
be and hereby is granted for a six (6) month period.
15.- Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 16 is looking for allocation for the lower part of
New York State for some of the cheap hydroelectric 'power.
16. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, the Power Authority Act of :1931 provides that New York State's hydro-
power resources should be used primarily for the benefit 'of the people of the State
as a whole, and particularly the domestic :and rural. consumers, and
WHEREAS, the Niagara Redevelopment Act enacted by Congress in :1957 provides
that at least 500 of power from the Niagara Hydropower Project be made available
for sale and distribution primarily for the benefit 'of the people of the State as
consumers, and
WHEREAS, the Niagara Redevelopment Act further provides that the_New York
Power Authority shall dispose of the Niagara Project power in'such a manner as
to encourage the widest possible use and shall give preference and priority to
public 'bodies and non-profit cooperatives within economic 'transmission distance, and
WHEREAS, the Power Authority currently sells and distributes power within New
York State to forty-seven (47) Municipal. Electric 'Utilities,. four- (4)' Electric 'Cooper- .
atives and to the residents of Vermont, Ohio 'and Pennsylvania ' and proposes to sell
low cost power to the residents of New Jersey, Connecticut, Massachusetts and Rhode
Island, and
WHEREAS, long term contracts for the sale and distribution of a.disproportionate
share of the Power Authority's power to these Municipal Electric Utilities and Cooper-
atives will ' expire on June 30,' •1985. and
WHEREAS, th`e County of Suffolk and 48 other municipalities and/or political sub-
divisions of the state have recently formed Municipal Distribution Agencies for the
purposes of acquiring a fair 'share of the Power Authority's power for the benefit
of their residents as consumers, and
WHEREAS, the Chairman of the Power Authority has recently proposed a plan that
would exclude all of the newly formed Municipal Distribution Agencies in the down-
state region from acquiring .their `fair'share of Niagara and St. Lawrence power for
their residents as consumers, but would sell and distribute 134,000 KW of power to
the newly formed Municipal Distribution Agencies in ,the upstate region, and
WHEREAS, the residents of the Town of Southold and the County of Suffolk are
currently paying one of the highest electric rates in'the country and would save
at least $2.50 per month per family if 'they received their 'fair share of the Power
Authority's power as recommended by Chairman Dyson's proposal to the New York
State Legislature in' 1981 for a Residential' and Rural Energy Authority, now,
therefore be it
RESOLVED that the Southold Town Board, based upon the intent of legislation that
created both the New York Power Authority and the redevelopment of the Niagara
Hydropower Project, hereby .strongly urges Governor Cuomo to reject any Power
Authority Plan and disapprove any new Power Authority contracts which would
continue to favor Municipal Electric Utilities and Electric Cooperatives whose contracts
expire in June, 1985 and the newly formed Municipal Distribution Agencies in the
upstate region at the expense of New York residents in the downstate region from
162 FEBRUARY 26, 1985
_____ receiving their fair share of the Power Authority power as consumers, and
BE IT FURTHER RESOLVED that the Southold Town Board calls upon Governor
Cuomo and the New York State Legislature to immediately enact a statewide
allocation system that will distribute the State's low power resources to all of
New York's Municipal Electric Utilities, Cooperatives and Distribution Agencies
so that all of New York's residents can share the benefits of the State's power
on an equal basis.
SU.PERVISOR MURPHY : Any questions? (No response.)
16.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is to rescind a previous resolution.
17. Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds their '
Resolution No. 21, adopted on February 5,' :1985', which reads as follows:
."RESOLVED that the Town Board of the Town of Southold hereby
-authorize's and directs the Town Clerk to advertise for the services
of a consultant to' apply to'the New York State Department of Trans-
portation, Federal Aviation Administration, to apply, on behalf of
the Town of Southold, for a grant to slurry seal and repaint the runways
at Elizabeth Airport, Fishers Island, New York."
SUPERVISOR MURPHY: Any questions on it7 This 'came about, we're rescinding it
because the next resolution you'll notice is Suffolk County Department of Public
Works is 'going to do the engineering service for the Town at a fee and we will not
have to hire a consultant for the work at Fishers Island Airport on the grant that
the Town received.
17.-Vote of the Town Board:- Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18 is to authorize the Suffolk County Department
of Public Works.
18.E Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Suffolk County Department of Public 'Works to prepare and submit the Preapplication
for Federal Assistance, Airport Improvement Program, to -the New York State Depart-
ment of Transportation, Federal Aviation Administration, on behalf of the Town, for a
grant to slurry seal and repaint the runways at Elizabeth Airport, Fishers Island, New
York.
18.=Vote of the Town Board: Ayes: Councilwoman Cochran., Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number :19 is 'transfer in'Whole Town in the '1984' Budget.
.19. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, 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: A9950. 4 - Transfer to Capital Account $27,217. 95
Into: A9730.4 - Bond Anticipation Note, Principal $27,217. 95
SUPERVISOR MURPHY: Any questions? (No response.)
19.Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 20 'is 'to increase the 1984' Southold Town Wastewater
District Budget.
20. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following increase for the Wastewater District 1984 Budget:
Estimated Revenues SW510
SE2401 - Interest on Earnings $2,500. 00
Appropriations SW960
SW8999M - Home and Community Services
(Contract, Village of Greenport) $2,500. 00
20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, .Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
FEBRUARY 26, 1985 1 6 3
SUPERVISOR MURPHY : Number 21- i-s to adjust the Whole Town :1985' Budget for
%i outh Programs to reflect the grant that we're receiving. It's money in and expenses
going out, it's just add to the 1985' Budget.
21. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following increase in'the General Fund Whole Town .1985 Budget:
Estimated Revenues A510
A3820 - Youth Programs $10,000. 00
Appropriations A960
A7310. 4 - Youth Programs $10,000.00
21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 we are holding (A Local Law in 'relation to
Accessory Apartments in'exsiting dwellings.") We discussed this at great length
this morning and we're moving along, F think, very fast, after it took three years
to get to this speed and I'm very happy. We are going to have more additions and
deletions to it before it will be sent to the Planning Board. Hopefully fairly soon.
Number '23 then is 'to authorize' to go to bid for a Highway Department truck.
23. Moved by Councilwoman Cochran, 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 the purchase of one (1) Diesel
Dump Truck for the Highway Department.
COUNCILMAN SCHONDEBARE: Our Superintendent of Highways has advised us
that this is in his budget, for which we are most grateful.
23.-Vote of the Town Board:. Ayes: Councilwoman Cochran, Councilman Schondebare,.
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is 'to for another bid:
24. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Boasrd of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of one (1) Cherry-
Picker Utility Truck for the Department of Public 'Works, with the trade-in of one
( 1) :1976 Ford Cherry-Picker Utility Truck.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE: Yes, well---
SUPERVISOR MURPHY : The money again, Jay, is 'in' the budget.
COUNCILMAN SCHONDEBARE: Our Commissioner of the Department of Public Works
has also advised us that's in the budget.
24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25is 'a grant proposal.
25. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to submit an application and proposal to the
New York State Council on the Arts for a Historic Structures orapt, to be utilized
by the Southold Town Landmark Preservation Commission.
SUPERVISOR MURPHY: Any questions? (No response.)
25.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is 'to advertise for resumes.
26. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
and directs the Town Clerk to advertise for resumes for two (2) members of the
Landmark Preservation Commissioner. (Appointments of John Dorman, Chairman
and Louis J. Black expire on April 5,' :1985'.)
COUNCILMAN SCHONDEBARE: I'm glad we had our discussion today, however, and
hope maybe a couple of months from now we will rethink of what we were doina.
164 FEBRUARY 26, 1985
26.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 27 is 'to also advertise for resumes.
27. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize's and
directs the Town Clerk to advertise for resumes for member of the Board of Appeals.
(Appointment of Joseph H. Sawicki expires on April .19, 1985.)
27.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is to again' advertise for resumes.
28. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for member of the Planning Board.
(Appointment of William F. Mullen, Jr. expires on April 30,'. :1985.)
28.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, .
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 29 is 'to set a public 'hearing.
29. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it `was
RESOLVED that the Town Board of the Town of Southold hereby sets 8: 00 P.M. ,
Tuesday, March 12, '1985', Southold "town Hall, Main'Road, Southold, New York as
time and place for a public 'hearing on a proposed Local Law entitled, "A Local Law
to amend the Zoning Code in relation to dwelling unit density." Said'proposed Local
Law reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets] ) .
I . Section 100-116 of the Zoning Code of the Town of Southold is hereby amended
to read as follows:
Section 100-116. Dwelling unit 'density.
Notwithstanding any other provision of this chapter, each dwelling unit •in'a
multiple .dwelling shall have [nine] twenty thousand 19, 000] 20,000 square feet
of land for each dwelling unit 'in'the building where public 'water and public
sewer are not provided, and shall have [six] ten thousand [five hundred
16, 500)] (10,000) square feet of land for each dwelling unit in the building
where public water and public 'sewer are provided.
11. This Local Law shall take effect upon its filing with the Secretary of State.
SUPERVISOR MURPHY : Any questions?
COUNCILMAN SCHONDEBARE: This 'is just a change from: 9,000 to 20,000 and
6,500 to 10,000.
29.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILMAN SCHONDEBARE: Just let me say we got a recommendation by our
Southold Town Planning Board to make these changes.
SUPERVISOR MURPHY : Number 30 'is 'to authorize' the payment of taxes for
property the Town recently acquired. from the County.
30. Moved by Supervisor Murphy, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorize's payment
to the Southold Town Receiver of Taxes, the real estate taxes for the two parcels
of land recently deeded to the Town by the County of Suffolk:
Parcel ##1 - Tax Map No. 1000-027-05-007. 002 - $24.80 plus 2% penalty.
Parcel ##2 - "fax Map No. 1000-027-05-005. 002 - $24. 80 plus 20 penalty.
SUPERVISOR MURPHY : We actually are paying outselves, and rather than pay
us too much more interest we better pay it right now.
COUNCILMAN SCHONDEBARE: Is this a one-shot deal and we're paying this 'now
and---
SUPERVISOR MURPHY: This was on the tax warrant that was set up as of June 1st.
30.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
FEBRUARY 26, 1985 165
SUPERVISOR MURPHY: Number 31 'is`to advertise for bids for a street sweeper.
31. Moved by Supervisor Murphy, 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 one ( 1) Street
Sweeper, with trade-in of one (.1) used •1974 Street Sweeper, for the Southold
Town Highway Department, provided a Bond Resolution for funding to purchase
said Street Sweeper is duly approved.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE: A lot. However, based on Superintendent of
Highways' statement to us that it's necessary---
COUNCILMAN STOUTENBURGH : Statement to me.
COUNCILMAN SCHONDEBARE: Statement to you, Councilman Stoutenbuurgh, this
is necessary, otherwise we'll have sand all over the highways and law suits and
things of that nature.
JUSTICE EDWARDS: And lots of phone calls.
COUNCILMAN SCHONDEBARE: And lots of phone calls, which he will direct to
our homes.
COUNCILMAN STOUTENBURGH : Rather than him.
COUNCILMAN SCHONDEBARE: ---we go for another bond to the tune of $80',000.
SUPERINTENDENT, OF HIGHWAYS DEAN: Mr. Stoutenburgh---
COUNCILMAN SCHONDEBARE: He's over there.
SUPERINTENDENT OF HIGHWAYS DEAN : I'll take Mr. Schondebare first. You're
being very nice here, speaking with nice flowers. Would you look at my bond
issues. I have over $1,600,000.'00 budget. I,- myself, have a $30,000.00 bond,
combined. Now, if you think that excessive and you sat here and you're trying
to be funny, which I don't think you are.
COUNCILMAN SCHONDEBARE: All right, Superintendent, would you agree with
me that this Town Board has to pay all the bonds that are incurred, not just
you bond?
SUPERINTENDENT OF HIGHWAYS DEAN : You don't have to, but I think you should
realize"-
COUNCILMAN SCHONDEBARE: I'm referring to every bond and not your particular
bond. We have to pay everybody. You could have one bond, so what? We have
to pay the rest of them.
SUPERINTENDENT OF HIGHWAYS DEAN : That's _all right. I'll tell you something---
COUNCILMAN SCHONDEBARE: I said'we'd go along with it 'based on your ---
SUPERINTENDENT OF HIGHWAYS DEAN: These are paid out of the Highway Budget,
not out of the General Town Budget.
SUPERVISOR MURPHY: Okay,,, gentlemen.
COUNCILMAN SCHONDEBARE: It's still 'got to be paid, no matter where the money
is coming from, they're paying it.'
SUPERVISOR MURPHY: Gentlemen, any other questions? (No response.)
31.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is 'a resolution opposed to considering a
constitutional amendment.
32.' Moved by Supervisor Murphy, seconded by Councilwoman Cochran; it was
RESOLVED that the Town Board of the Town of Southold hereby goes on record
in'opposition to Suffolk County Executive Cohalan's proposed Constitutional Amend-
ment entitled, "Housing Powers for Counties," which would allow those counties
which pass specific enabling legislation to participate in' both owner occuped and
rental housing programs for low income, moderate income and elderly persons,
whereas the needs are being handled adequately under the Section 8 rental housing
assistance program, and be it 'further
166
FEBRUARY 26, 1985
RESOLVED that a copy of this resolution be transmitted to Suffolk County Executive
Cohalan and the Suffolk County Legislature.
32.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 33 is 'a transfer of funds.
33. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfer within the General Fund Whole Town .1985 Budget:
From: A1990. 4 - Contingent $15,000. 00
Into: A 1440.4 - Engineer $15,000.00
to provide the necessary moneys needed to hire an engineering firm to conduct
an Engineering Overview Study Establishing a Municipal Electric Utility in the
Town of Southold.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE: Yes, does this wipe out the Contingency Fund?
SUPERVISOR MURPHY: Yes.
COUNCILMAN SCHON.DEBARE: It's only February. So the rest of the year we
have nothing in the Contingency Fund.
SUPERVISOR MURPHY: We'll be in' surplus soon. Any other questions? (No response.)
33.-Vote of the Town Board: Ayes: Councilwoman Cochran Councilman Stoutenburgh,
Supervisor Murphy. No: Councilman Schondebare, Justice Edwards.
This 'resolution was declared LOST.
SUPERVISOR MURPHY: And so we cannot vote on 34 or 35, Bob, right? '
TOWN, ATTORNEY TASKER: Right.
SUPERVISOR MURPHY: That was an intelligent decision.
COUNCILMAN SCHONDEBARE: I will 'state this to you, as I said during the afternc
session. It's very popular and a good idea, 1 think, to look for alternate means of
electricity, and it's very popular to beat LILCO. Hasn't been anyone yet who really
likes LILCO. However, we have received proposals from two people, Beck, the
planning consultant, and Duncan, the attorneys. Both of them have a vested interest
in the outcome of any proceedings pertaining to LILCO. Beck wants $15,000. 00 to
start up. That is only the preliminary phase. If their 'study, as I understand it,
comes out that a favorable--or should come out to be favorable for a take-over, then
they would do the second study. My question is: what's the incentive for Beck to
do a study which is ''objective when if 'they come out and say no as to a take-over
they then do not have the second option and the second income, and the same thing
with Duncan. We went to the Association.�of Towns. We had a special meeting. We
met with the Supervisor from the Town of Massena who has taken over their power
authority. Likewise we met with someone from the Power Authority and we discussed
these issues. I think we all agree we are not the Town of Massena. 1, for one,
have never made up a decision without listening to the pro and cons, that is 'both
sides of a story. All I've been sold so far is all pro and I thought when we came
back from the Association of Towns that we were going to discuss this issue and I
was surprised to find out that we're all sitting here saying, let's go ahead with the
study. 1, for one, would like to find somebody who's objective, who doesn't have
a vested interest, and is 'not going to make money on this 'deal. Beck's going to
make money. Duncan's going to make money, and I wish somebody who is 'not going
to make money would come in here and talk to us about it; or who's even con would
talk to us about it. I have no closed mind as to a take-over, but at this 'point 1
would like to hear more information and not somebody who has a financial' stake in'
the outcome. You're talking, with the Town of Massena, you're talking seven and
a half years, if 'not nine years of litigation and ten million dollars. To get started
on this I'd like to know where I'm headed and have a good foundation. I'd be glad
to entertain the same. motion at a later date.
SUPERVISOR MURPHY : Would you suggest who? What firm?
COUNCILMAN SCHONDEBARE: Let's talk about it. We didn't even discuss it this
afternoon. Everyone's sitting there nodding their head okay let's do it.
SUPERVISOR MURPHY: We had a discussion for about .an hour and a half this
morning on it.
COUNCILMAN SCHONDEBARE: Right. And this is how I felt this morning. You
knew about it and no one said; well, let's find who we can get.
FEBRUARY 26, 1985 16 7
SUPERVISOR MURPHY : Do you. have any, suggestions for these firms? Do you
want to get Planning. Associates?
COUNCILMAN SCHONDEBARE: Do you want to sit down and find out?
SUPERVISOR MURPHY: Should we ask Dick Ward's outfit?
COUNCILMAN SCHONDEBARE: Let's ask anybody. What would Ward know about
taking over--
SUPERVISOR MURPHY: I don't, know. That's why I would think this 'firm---
COUNCILMAN SCHONDEBARE: . That's about as much as Dave Emilita know anything
about it..
SUPERVISOR MURPHY: That's .why I assume this firm knows a little bit 'more.
COUNCILMAN SCHONDEBARE: Is it 'the only firm in'America? Beck Associates is
out of Massachusetts. You mean to tell me that from California to. Maine to Florida
to North Dakota there's nobody else.
SUPERVISOR MURPHY: And 11m. sure this 'is not their 'only job.
COUNCILMAN SCHONDEBARE: Fine. Maybe we can find somebody else who's not
going to make money out of the deal.
COUNCILMAN STOUTENBURGH: But, Jay, don't you think that anyone you hire---
SUPERVISOR MURPHY: How the hell are they going to make---who's going to do
the study if.'they're not going to make money on the deal?
COUNCILMAN SCHONDEBARE: Pd. like to have someone come in 'with the same type
of information and tell us.
COUNCILWOMAN COCHRAN : Isn't this `the first time in twenty years with the case
of Massena,: so you're not going to find that many firms around that have the expertise
in'this 'area, Jay.
COUNCILMAN SCHONDEBARE: In the State of New York.
COUNCILMAN STOUTENBURGH: Here's a proven person, a proven outfit 'that's
worked in'this ''and they've done the work.
COUNCILMAN SCHONDEBARE: And you know as well as I do that the Condemnation
Law was changed since Massena.
SUPERVISOR MURPHY : That's why we want to get an intelligent study done so that
we can make an intelligent decision.
COUNCILMAN SCHONDEB_ARE: And maybe we can have somebody come in' and talk
to us about it.'
SUPERVISOR MURPHY: And you can't do it for nothing.
COUNCILMAN SCHONDEBARE: 1 agree with you. I said I'm in' favor of this proposal
and I told you---
SUPERVISOR MURPHY: Well how the hell do you propose to hire a guy?
COUNCILMAN SCHONDEBARE: But I don't want to be hearing from two people who
are going to make money out of the deal.
SUPERVISOR MURPHY: Any firm, Jay---
COUNCILMAN SCHONDEBARE: If you go out on your own---you deal in'youjr own
personal affairs every day of your life and when you're talking to somebody and
he's selling you a bill 'of goods, and he's .going to make money out of the deal, you
think twice about, but when we get on this 'Town Board somehow we don't think that
way.
SUPERVISOR MURPHY: Okay, Number 34 (agreement with R. W. Beck and .Associates
for an Engineering Overview Study Establishing a Municipal Electric Utility) we're
going to hold, Number 35 (apply to PASNY for approximately ten megawatts of electric '
power and energy) we're going to hold. Number 36 is to set a public hearing.
36. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it 'was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M. ,
Tuesday, March 12, 1985, Southold Town Hall, Main Road, Southold, New York as
168 FEBRUARY 26, 1985
time and place for a public hearing on proposed Local Law entitled, "A Local Law
in' relation to a partial real property tax exemption for Senior Citizens," which reads
as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets])
Article I of chapter 85 (Senior citizen Exemptions) of the Southold Town Code
is amended as follows:
I . Section 85-1 thereof is amended to read as follows:
Section 85-1. Partial exemption for senior citizens.
(a) Real. property owned by one (1) or more persons, each of whom is
sixty- five (65) years of age or over, or real property owned by
husband and wife:, one (1) of whom is sixty-five (65) years of age
or over, shall be exempt from town taxes to the extent of fifty
percent (500) of the assessed valuation thereof. Such exemption
shall be computed after all other partial exemptions allowed by law
have been subtracted from the total amount assessed.
(b) The real property tax exemption on real property owned by
husband and wife, one of whom is sixty-five (65) years of age or
over, once granted, shall not be rescinded solely because of the
death of the older spouse so long as the surviving spouse is at
least sixty-two (62) years of age.
II . Subdivisions A. and B . of Section 85-2 thereof are amended to read as
follows:
Section 85-2. Conditions.
No exemption shall be granted:
A. If the income of the owner or the combined income of the owners of
the property for the income tax year immediately preceding the date
of making. application for exemption exceeds the sum of [five] nine
thousand dollars .[ ($5,000.) ] ($9, 000.) . "Income tax year" shall
mean the twelve month period for which the owner or owners filed a
federal personal income tax return or, if no return is filed, the
calendar year. Where title is vested in either the husband or the
wife, their combined income may not exceed such sum. Such income
shall •include social security and retirement benefits; interest;
dividends; total gain from the sale or exchange of a capital asset
which may be offset by a loss from the sale or exchange of a
capital asset in the same income tax year; net rental income, salary
or earnings;.. the net income from self-employment, but not including
a return of capital, gifts or inheritances. In computing net rental
income and net income from self-employment, no depreciation
deduction shall be allowed for the exhaustion, wear and tear of real
or personal property held for the production of income.
B. Unless the title of the property shall have been vested in the owner
or one of the owners of the property for at least [sixty (60) ]
twenty-four (24) consecutive months prior to the date of making
application for exemption, provided, however, that in the event of
the death of either a husband or wife in whose name title of the
property shall have been vested at the time of death and then
becomes vested solely in the survivor by virtue of devise by or
descent from the deceased husband or wife, the time of ownership
of the property by the deceased husband or wife shall be deemed
also a time of ownership by the survivor and such ownership shall
be deemed continuous for the purposes of computing such period of
[sixty (60) ] twenty-four (24) consecutive months, and provided
further that, in the event of a transfer by either a husband or
wife to the other spouse of all or part of the title to the property,
the time ownership of the property by the transferor spouse shall
be deemed also a time of ownership by the transferee spouse and
such ownership shall be deemed continuous for the purposes of
computing such period of twenty-four (24) consecutive months, and
provided further that where property of the owner or owners has
been acquired to replace property formerly owned by such owner or
owners and taken by eminent domain or other involuntary
proceedings, except a tax sale, the period of ownership of the
former property shall be combined with the period of ownership of
the property for which application is made for exemption and such
periods of ownership shall be deemed to be consecutive for
purposes of this chapter. Where a residence is sold and replaced
FEBRUARY 26, 1285 169
with another within , .the state, the period of ownership of both
properties shall be deemed :, consecutive for the purposes of this
chapter.
III . Section 85-4 thereof is amended as follows:
Section 85-4. Reapplications.
(a) At least sixty (60) days prior to the appropriate taxable status'
date, the assessing authority shall mail to each person who was
granted exemption pursuant to this chapter on the latest completed
assessment roll an application form and a notice that such
application must be filed on or before taxable status date and be
approved in order for the exemption to be granted. The assessing
authority shall,- within three days of the completion and filing of
the tentative assessment roll, notify by mail any applicant who has
included with his application at least one self-addressed, pre-paid
envelope, of the approval or denial of the application; provided,
however, that the assessing authority shall, upon the receipt and
filing of the application, send by mail notification of receipt to any
applicant who has included two of such envelopes with the
application. -Where an applicant is entitled to a notice of denial
pursuant to this subdivision, such notice shall be on a form
prescribed by the state board and shall state the reasons for such
denial and shall further state that the applicant may have such
determination reviewed in the manner provided by law. Failure to
mail such application form and notice or the failure of such person
to receive the same shall not prevent the levy, collection and
enforcement of the payment of the taxes on property owned by such
person.
(b) Notwithstanding any other provisions of this chapter, in the event
that the owner, or all of the owners, of property which has
received an exemption pursuant to this chapter on the preceding
assessment roll; shall fail to file an application for such exemption
on or before the taxable status date, such owner or owners may
file, and the assessing authority shall accept the application,
executed as if such application has been filed on or before the
taxable status date, if such application is filed with the assessing
authority on or before the date for the hearing of complaints.
IV. Article I. of chapter 85 is amended by adding a new Section thereto, to
be Section 85-5A, to read as follows:
Section 85-5A. Notice
The assessing authority shall notify, or cause to be notified, each
person owning residential real property in the Town of the provisions of
this chapter, such 'notice to be sent with each tax bill to such persons,
and shall be in such form and content as. shall comply with the
provisions of subdivision four of Section .467 of the Real Property Law.
V. This Local Law shall take effect upon its filing . with the Secretary of
State.
SUPERVISOR MURPHY : Any questions on it?. Thi.s 'is raising the exemption from
$5,000 to $9,000.
36.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
- -----------
SUPERVISOR MURPHY: Number 37 is to set another public hearing on a proposed
Local Law.
37. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8: 10 P.M. ,
Tuesday, March 12, 1985, Southold Town Hall, Main' Road, Southold, New York
as time and place for a public hearing on proposed Local Law entitled,"A Local
Law in relation to building set-back requirements on lots adjacent to Water Bodies
8 Wetlands," which reads as follows, to wit:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions.-by [brackets)) . -
Chapter 100 (Zoning) of the Code of the Town of Southold.is hereby
amended as follows:
170 FEBRUARY 26, 1985
I . Article XI thereof (General Requirements) is amended by adding a new
section thereto, to be section 100-119.2, to read as follows:
Section 100-119.2 - Building set-back from water bodies and wetlands
Notwithstanding any other provisions of this chapter, the following
set-back requirements shall apply to all buildings located on lots adjacent
to water bodies and wetlands:
A. Lots adjacent to Long Island Sound.
(1) All buildings located on lots adjacent to Long Island Sound,
and upon which there exists a bluff or bank landward of the
shore or beach, shall be set-back not less than 100 feet from
the top of such bluff or bank.
(2) Except as otherwise provided in subdivision A(1) hereof, all
buildings located on lots adjacent to Long Island Sound s a I
be set-back not less than 100 feet from the mean high
water mark of Long Island Sound.
B. All buildings located on lots adjacent to tidal -water bodies other
than Long Island Sound, shall be set-back not less than 75 feet
from the mean high water mark of such tidal water body, or
not less than 75 feet from the landward edge of the ti al wetland,
whichever is greater.
C. All buildings located on lots adjacent to any freshwater body shall
be set-back not less than 75 feet from the edge of such water boay,
or not less than 75 feet from the landward edge of the freshwater
wetland, whichever is greater.
II . This Local Law shall take effect upon its filing with the Secretary of
State.
37.-Vote of the Town Board: Ayes:. Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 38 is to ask for a Civil Service List.
38. 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 request the Suffolk County Department
of Civil Service to submit a current Town List of Eligibles for the position of May
Constable, at a salary of $14,000.00 per annum.
38.=Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number :39 is 'to advertise for resumes for Bay Constable.
:39. Moved By Supervisor Murphy, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorize's and
directs the Town Clerk to advertise for resumes for the provisional position of
Bay Constable for the Town of,Southold at a salary of $8.'00 per hour.
COUNCILMAN SCHONDEBARE: Did'we say provision part-time person? Wasn't that
supposed to be amended, this `resolution?
SUPERVISOR MURPHY: I don't think a provision part-time, no. I think it's up
to the Bay Constable if he wants to use him' full-time or part-time on when he is
hired. He could do it either way. If he gets two or three of them he could use
three part-time, as long as he stays in'the budget.
COUNCILMAN SCHONDEBARE: Judy has the same thing I have.
TOWN CLERK TERRY: That was my understanding from this morning-
.39.-Vote of the Town Board_: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards; Supervisor Murphy.
This resolution was-declared duly ADOPTED.
SUPERVISOR MURPHY: The last one on the add-ons is to adopt the amended
Federal Revenue Sharing Budget of $10,813.50 from the public hearing that we
had today. Any problems with that? (No problem. There were no comments at
the public hearing.)
FEBRUARY 26, 1985 171
40. Moved by Supervisor Murphy, seconded by Councilrrian Schondebare,
WHEREAS, the Town Board of the Town of Southold held a public hearing at 3: 35
P.M. , Tuesday, February 26, :1985 in the matter of the proposed amendments of
the current Town Budget relative to the use of Federal Revenue Sharing Funds,
at -which hearing all interested persons were given an opportunity to be heard
thereon, now, therefore, be it
RESOLVED that the Town Board does hereby authorize'' the following amendments
to the current ('1985) Town Budget relative to the use of Federal Revenue Sharing
Funds as follows, to wit:
By transferring andlor reassigning the sum of $10,813.50 from the following
accounts.
Unappropriated Funds on Hand $10,239. 98
Anticipated Estimated Interest Revenue in' 1985 $ • 574.52
Total $10,313. 50
to the following accounts:
Master Plan: Phase II $ 1,057.50
Master Plan: Phase I11 $' 9,756.00
Total $10,813. 50
40.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : That's the end of our prepared and added-on agenda of
resolutions. At this time I would like any member of the Town Board for any
comments, starting on my left with Judge Edwards? (No comments, Frank, thank
you.) Jean? _(Nothing, thank you.) Paul? (Nothing.). Jay? (Nothing. ) I
have nothing. Is there anyone in the audience would like to make any comment
to the Town Board? Yes, Miss Hussey.
MRS. ALICE HUSSEY; Southold: I guess I'm really addressing my remarks to Mr.
Schondebare. There were a few things which I found not quite--or perhaps you
were being precipitous in your decision. Beck Associates was one of the firms
that was suggested. There were, if 'you recall the original proposal for this, or
the original time that the Board was presented with this 'information, there were
about five of them listed in' the back so that we're not pushing Beck Associates,
but they have had a great deal of New York State essential experience in these
feasibility studies and true Beck will 'make money, but so would any other engineering
firm. I don't think there's anybody here in this 'Town who is 'really capable of making
a study that will be worthy of our consideration. We've gone just so far. The Board
has gone so far. You have looked into it.' We have looked into it and we've reached
the end of our amateur rope. We need somebody professional now to do this.' and
the other thing is the prefeasibility study is 'a study only. It's going to present
facts and figures. It's not going to recommend or do anything else. We have to
make that decision..
COUNCILMAN SCHONDEBARE: How much would the second study cost us? Do you
know? Any idea?
MRS. HUSSEY: Well, that's an interesting thing. The whole thing is 'guaranteed
not to cost more than $15,000 and payment, if you read the proposal, payment is
monthly on the work that has been done just so far and can be stopped.
COUNCILMAN SCHONDEBARE: When I said' the whole thing I'm talking about--the
first one is going to be a determination for $15,000 as to whether or not it's feasible
to go ahead and do it, right?
MRS. HUSSEY: Right:
COUNCILMAN SCHONDEBARE: The second study that has to be done is 'going to
go out and then list all of LILCO's properties, all its assets, everything else.
MRS. HUSSEY: I have no idea how much the second one is going to cost because
it would be predicated on what they find out in the first one.
COUNCILMAN SCHONDEBARE: Well, let's assume we decide to go forward---
SUPERVISOR MURPHY : Jay, I think you're wrong. I think the assets are included
in the first proposal.
COUNCILMAN SCHONDEBARE: There's only one study?
SUPERVISOR MURPHY : Yes.
MRS. HUSSEY: Yes, there's just one study.
SUPERVISOR MURPHY: And then at that time then there's quite a bit more
additional engineering that has to be done.
172 FEBRUARY 26, 1985
COUNCILMAN SCHONDEBARE: Okay, it's the additional engineering.
SUPERVISOR MURPHY: This is to determine the feasibility, if it's worthwhile, if
the power is 'there for us to go and approximately what the power needs are of
the Town and what the assets of the utility are.
COUNCILMAN SCHONDEBARE: Okay. And then the second engineering. What's
the second engineering part going to cost?
MRS. HUSSEY: Now, the second engineering part, that is 'actually the doing of
the whole situation and that does not necessarily go to .Beck or any other one that
does the prefeasibility study. It could be some other engineering firm.
COUNCILMAN SCHONDEBARE: How much is 'that going to cost?
MRS. HUSSEY: I have no idea how much that would cost.
SUPERVISOR MURPHY: Jay, it. 'could go into the hundreds of thousands of
dollars I imagine.
COUNCILMAN SCHONDEBARE: Oh, okay. Does it 'make sense not to do Beck
for the second time? - Does it make sense to have Beck Associates, or any other
associates to the first part and not have them follow up doing the second engineering
part?
MRS. HUSSEY: I don't see why not. 1 don't see why you couldn't do that.
COUNCILMAN SCHONDEBARE: You could split 'it?
MRS. HUSSEY: Of course. This 'is 'just that much, just .$15,000 worth, and again
say it doesn't mean that they are going to do the job. Naturally they'll hope to.
But that, again; will be another step which will have to be decided by you or us.
About fifteen--1 don't have my figures with me here, but about fifteen different
municipalities in New York State that Beck had done prefeasibility studies for.
Now, not all of them went on after the prefeasibility study, or if 'they did'they
were not listed under R. W. Beck Associates credits, so 1 presume that either
Beck found that it was not feasible to go on to the next phase or that Beck did
not get the job. Payment is 'monthly.
COUNCILMAN SCHONDEBARE: Of those 15 how many did Beck recommend to
continue to go forward?
MRS. HUSSEY: Well, all they did' was give the list, 1 don't know. That information
is in your proposal. Thank you.
SUPERVISOR MURPHY: Is there anyone else here would like to make a comment to
the Town Board?
MRS. DIANE BERGMANN : I'd .just like to ask a question. I picked up the Whale
and I noticed you, Mr. Murphy, had said you're not opposed to finishing the
Airport Study. Does that mean in its entirety?
SUPERVISOR MURPHY : No, 1 believe it's something I did' not say. We're talking
about the first two phases.
MRS. BERGMANN : All right, you want the first two phases done and then a
decision would be made?
SUPERVISOR MURPHY: Certainly. I've said this for a hundred times I believe.
MRS. BERGMANN : Well, when I picked up the Whale I see they're not opposed to
finishing the study---
SUPERVISOR MURPHY: And I don't know how many times I have to tell you.
MRS. BERGMANN : Okay. Well--when it's your home you want to hear it and make
sure you hear it right and I got confused when I read something else.
SUPERVISOR MURPHY: Well, I think you might believe or listen to :what I told you.
What I told you many a times and I'm telling you right again' now.
MRS. BERGMANN: Well, you were telling me I was going to have an answer within
a week on January 30th and I heard nothing, so since I heard nothing and I do
read the paper I wanted to know what my answer was. January 30th you told me
that I'd have an answer within a week. I had nothing. That's why I had to ask
now. I read the paper and I want to know the answer.
SUPERVISOR MURPHY: Fine, thank you.
FEBRUARY 26, 1985 173
MRS. BERGMANN : So my answer is when is the feasibility study going to be
completed? The two phases?
SUPERVISOR MURPHY : 1 have no idea. When the State.Department of Transportation
approves the study that is 'presented to them to be presented to Southold Town. When
the State Department of Transportation is satisfied that Phase I and 11 is complete,
that's when we will get it.'
MRS. BERGMANN : Okay. And you have no idea. You haven't asked when that
will be or anything?
SUPERVISOR MURPHY: There's still letters going back and forth. I imagine it will
be some time.
MRS. BERGMANN : You've written and asked them when it 'will be done?
SUPERVISOR MURPHY: Sure. I think if 'you read some of the correspondence I
sent you you'd find that out too.
MRS. BERGMANN : Well, my last letter was January 30th. And you told me a week
three weeks ago.
SUPERVISOR MURPHY : Is there anyone else would like to comment to the Town Board
at all? If not I would like to thank everybody for coming and I'd like to entertain'a
motion to adjourn.
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that thisTown Board meeting be and hereby is adjourned at 4: 30 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town Clerk