HomeMy WebLinkAboutTB-03/12/1985 174
SOUTHOLD TOWN BOARD
MARCH 12, :1985
WORK SESSION
Present: Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr. ,
Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilwoman Jean
W. Cochran,. Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker,
Superintendent of Highways Raymond C: Dean. Absent: Councilman Schondebare.
9:30 A.M. = The Board audited outstanding vouchers. ~
10:25 A.M. - Marine Scientist Paul J. Flagg met with the Board to review his
February 14, 11985 report concerning the Seed Clam Mariculture .1984' Season,
stating that seed clam rafts were placed in Mill Creek, Goose Creek (which
resulted in'the best survival and growth) , and West Creek ('93o survival, but
the growth was not as good) ... He conducted creek surveys with the Bay Constable
in every. creek in'the Town and examined existing shellfish population. The
seed clams that had been planted in'.1983 had reached littleneck size. by the fall
of .1984 and there is 'no evidence of significant loss due to predation. Mr. Flagg
produced a sample of a seed clam that had defective curled shell margins and it
was found that 17.5% of the seed showed the same trait; the hatchery sent additions`
seed as compensation and subsequent shipments were free of this trait.'--Mr. Flagg
was asked to submit 'a.proposal to the Board for the :1985 program.
10:45 A.M. - Superintendent of Utilities for the Village of Greenport James Monsell
met with the Board to met with the Board to discuss the pros and cons of municipal
take-over of electric 'utility systems. He produced .1933' Data and Statistics on New
York Municipal Systems prepared by R. W. Beck and Associates and 'advised the
Board there are well over 2,000 municipal systems in'the United States. Mr. Monsell
favors the Town looking into the feasibility of an electricutility system which he
feels will be favorable. Mr. Monsell feels that the Town has an advantage in being
adjacent to the Village system. Councilman Townsend posed several questions for
Mr. Monsell concerning the capabilities of the Village system using their 'own generators.
The Board will consider three resolutions during the regular meeting (37,38, 39 con-
cerning tr-ansfer of funds to hire an engineering firm to conduct a feasibility study,
and a request to PASNY for allocation of ten megawatts of hydroelectric power and
energy) .
11: 30 A.M. - Town Trustees Henry Smith and Frank Kujawski met with the Board
to discuss proposed amendments to the Wetlands Ordinance. ' The Board and the
Trustees reviewed the changes and placed a resolution (No. 34) on the agenda
to schedule a public hearing on same.--Mr. Smith and Mr. Kujawski also requested
the Board to rehire Mr.. Vernon Wermelinger. for the Mattituck Creek patrol during
this year's boating season, and to include a one-time cost of $75.00 for maintenance
of Mr. Wermelinger's outboard motor. (Resolution No.' 35 was added to the agenda.}--
Another: item discussed was a request by a resident on Bay Shore Road, Greenport
to construct a bulkhead on Town property which adjoins his property. If certain
conditions concerning the Town's ownership'of the bulkhead were agreed to by the
property owner, Mr. Wappus, the Board would have no objection.--The final item
discussed was the definition of houseboats which seems to be causing problems for
the Trustees, the Town Attorney and marina owners, who all agree there should
be certain restrictions placed in the Town Code. This will be studied further with
input from the marina owners.
11:55 A.M. - James Hughes, Account Executive for the Copeland Company met with
the Board to discuss a proposal to offer the New York State Deferred Compensation
Plan to the employees of the Town. Basically the plan offers the employees, on a
voluntary basis; the option to set aside a portion of their current income before
Federal income taxes are deducted. The amounts are invested according to the
employees' directions in' a manner in'which the earnings are also tax deferred.
To implement the plan either a Local Law or a Town Board resolution is required.
Town Attorney Tasker will study the procedure for the March 26th meeting.
MARCH 12, 1985 175
12:05 P.M. - David Markel spoke with the Board about his recent request for
aid from the Town toward funding the production of Walt Whitman: Songs of
Ourselves, . to be performed this August. 'Mr.. Markel expressed the hope the
production could later be performed in local schools and other public places.
Mr.. Markel was asked to supply more comprehensive information concerning public
performances and Supervisor Murphy will explore the possibility of using Community
Development Funds for a possible contribution by the Town.
12: 15 P.M. - Recess for lunch.
1 :45 P.M. - Work Session reconvened and the Board met with Beverly Smith of
the Greenport Housing Alliance concerning the 707 Linnet Street, Greenport project.
There is a question of how to transfer the title of the property owned by the Town
to the Alliance or to a private individual, and the actual true. value of the property.
It appears the appraisal secured by the Alliance did` not separate the parcels owned
by the Town and the Alliance therefore at the moment the true value cannot be
determined. Mr. Smith will ' request the appraiser to make this break-down and
come back to the Board at a later date with the results. .
2:30 P.M. - Off-agenda items discussed-: Landfill Committee meeting for 8:30 A.M. ,
Monday, March 18th, closing on the property of Prechtl on Lower Road, Southold,
access to the Sound on Duck Pond Road, Cutchogue, town benefits for part-time
employees; possible road improvement districts, and basketball court and picnic
tables at the Senior]Youth Center; proposal of Briarcliff Landscape I.nc. for a
:1985 spring, summer and fall Lawn and Shrub Program for the Town -Hall at a
cost of $703.00. which was rejected.
3:00 P.M. - Frank. Bear, Chairman of the Water Advisory Committee 'reported -on
their 'March 11th meeting. The ERM Northeast contracts have been signed by
Supervisor Murphy and they are awaiting Riverhead Supervisor Janoski's signature;
there was discussion concerning the water treatment districts; requests for grants;
informational meetings to be held at Orient on March 26th and Peconic 'on April 'loth;
flyer concerning water is being printed by Academy Printing; Suffolk County Water
Resource Management Plan Phase 11. comments by Martin'Trent; Greenport Water
District; proposed regulation strategy for the water districts; the article in Country
Journal: "Who's .Polluting Our Wells;" aquifer protection bill; and Article 7 proposed
by- the Suffolk County Department of Health Services.
3:20 P.M.- Regular .Meeting .Agenda items were reviewed.
lh „mot..,,., .F;_. . ,_,.,,
4:45 P.M. - .Work Session adjourned.
-.REGULAR MEETING
1:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, March
12, 1985 at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Murphy opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag.
Present: Supervisor Francis ''J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T.. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: Thank you. That really sounded well. You girls must be
well trained. We've got a couple of things to 'do first and then we'll ask you Girl
Scouts to participate with us. First I would like a resolution approving the audit
of the bills of March 12, :1985.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it 'was
RESOLVED that the following audited bills be and hereby are ordered paid: General
Fund Whole Town bills in the amount of $37, 616.74; General Fund Part Town bills
in the amount of $30, 445. 88; - Highway Department bills in the amount of $30,789. 97;
176 MARCH 12, 1985
Fishers Island Ferry District bills in the amount of $282, 105. 31; Federal Revenue
Sharing bills in' the amount of $1,260.00; Southold Wastewater Treatment Plant bills
in the amount of $9',900.75; Farmland Acquisition bills in the amount of $8.75.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenburgh,
Justice'Edwar.ds, Councilman Townsend,.. Supervisor Murphy. Abstain: Councilman
Schondebare: I'll abstain on that since I wasn't here.
This resolution was declared duly ADOPTED.
SUPERVISOR-MURPHY: ' Next I'd like a resolution to set the next meeting date
for March 26th, .1985' at 3:00 P.M., Southold Town Hall.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
RESOLVED that the next Regular Meeting of the Southold Town Board will' be held
at 3:00 P.M. ,: Tuesday, March 26, :1985: at the Southold Town Hall, Main'Road,
Southold, New York 1.1971.
Vote of the Town Board : Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time 1 would like to welcome all you Girl Scouts
here and !'m. very pleased to see you coming out tonight and it 'certainly seems
like you girl's have been working hard with all those merit badges and all that
you have. One of our Councilpeople, the first woman to serve on Southold Town
Board has been. very .active in Girl Scouts and l would like to ask Councilwoman
Jean Cochran if she would offer a special' proclamation to honor you girls on the
whole Girl' Scout effort and for what you people have been doing in`Southold Town.
Jean, would you like to read this?
CO UNCILWOMAN..COCHRAN :' . WHEREAS,: Tuesday, March 12, 1985' marks .the 13rd
I. Birthday, of Girl Scouts in'the United States, when on that date 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 under-
taken 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 must 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,
therei7ore, 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.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy..
This 'resolution was declared duly ADOPTED.
COUNCILWOMAN COCHRAN : Congratulations girls.
SUPERVISOR MURPHY: Okay, is 'there any of you girls would like to say anything?
Tell us about what your projects are or what you're doing? I don't want to put you
on the spot.
COUNCILWOMAN COCHRAN : Put the leader on the spot.
SUPERVISOR MURPHY: I appreciate your. coming out here to our regular Town
Board meeting and we're glad to have you. You're welcome to stay and see how
your local government works. Okay, if not you're welcome to go at any time.
Thanks again girls and keep up the good work. -- We need one more resolution
and that's one to approve the minutes of the February 26th meeting.
Moved by Coup- ilaian' Stoutenburgh, ' seconded by Councilwoman Cochran,' it was
RESOLVED that the minutes of the Regular Meeting of the Southold Town Board
held on February 26, .1985. be and hereby are approved.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
REPORTS. I.
SUPERVISOR MURPHY: Moving on to the first item on our agenda, the prepared
agenda that you have, are Reports. These Reports are all on file' with the Town
Clerk and anyone who! would like to check them you may at any time.
1: Water Vending Machine at the Rec, Center.
2. Building Inspector's Monthly Report - February, •1985.
3. Annual Financial' Report of the Town of Southold ending December •1984.
would like to. comment that the Town is �in. very good financial shape. We came
out of :1984 doing very well.
MARCH 12, 1985 ` r 7
4. Town Clerk's Monthly Report - .Fe,bruary :1985'.
5. North Fork Animal Welfare .League, Inc. - January and February :1985
reports. .
- 6. Town Justice Annual Report - Justice Price - 1984.
7. Szepatowski Associates - monthly report for February :1985.
8.' Fishers. Island Ferry District - monthly report for January and February
1985.
9. Highway Department's monthly report - January and February :1985.
10. Grant Programs - monthly report for January :1985.
11.::-}Town Trustees ' -monthly report for February :1985'.
12. . Town Justice Tedeschi monthly report for February 1985'.
13. Town -Justice Price monthly report for February 1985.
14. Supervisor's monthly- budget report for February :1985'.
15. Councilmen's .reports - At this 'time' I would like to ask any of the
Councilmen if they have anything special' to report. I'll start on my right. Jay?
COUNCILI`AAN SCHONDEBARE: Nothing special', Frank.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND : . This 'has been another busy week of meetings. I know
that all of the Councilpeople have been involved .with meetings of various committees.
have nothing further to report.
SUPERVISOR MURPHY: Thank you, Joe. Paul?
COUNCILMAN STOUTENBURGH : One thing which if you live any wheres near
Nassau Point you'd be interested in'that the Town has had the engineers down
in that area that's always flooded. If any of you know the Lower Road by Triangle
Park we are finally getting that cleared up because we've closed .-on a piece of property
where we'll be able to, catch most of that water and won't have the polluted problem
of having all the water go into the creek. The: same is true on Skunk Lane or formerly
Bay Avenue that leads off the Main: Road .in'Cutchogue. Right now there's a pump
running there taking the water out and every time it 'rains it floods and we are making
progress with that and I hope we'll have that completed by summertime. The only
other thing is on March 1st we went to DEC, Frank and 1, we brought our Wetlands
maps there with the corrections on it that we have added and asked them to add the
additional parcels that we are interested in having declared wetlands. As you know
the State has a policy of 12.4--they will take care of all those wetlands 12. 4 or larger,
anything smaller than that must come from the Town Board to be included and so we
brought that to 'them and we hope they're acting on that. In the meantime we're
waiting for their decision. We also attended a: very interesting meeting with most
of the supervisors from Suffolk County and Nassau County in' relation' to incinerating,
the problems of incinerating at town landfills. It sounds like such a wonderful idea
that you-take your garbage and you get steam and energy from it,' but I can assure
you it's a. very complicated problem. What do you do with the ash that comes from
this 'and these problems were discussed and we have hopes in the future. ' There's
a new study going to be done that will 'give us some idea w.here we can take this
ash. You can imagine the frustrations of a municipality trying to comply, trying
to do what's .right. ...They set up a multi-million dollar incinerating machine and
they now have no place to put the ash. They will not permit them to just stockpile
it or- put:. it.::in`a. .town landfill: .. So that._ is `the basic problem of incineration. Once
that's licked, which we hope in:the near future that will be licked, maybe we can
move_ahead:Ion:some zofo these projects. '.That's it,' Frank.
SUPERVISOR MURPHY:. . ..Thank you, Paul. Jean?
COUNCILWOMAN COCHRAN : Yes. I would just like to report that the Housing
Advisory Committee did' meet.yesterday and the nominating committee presented
their recommendations to serve as officers of the committee and presented were
Herb Mandel as Chairman of the Committee, George Wetmore as Vice Chairman and
Loisanne .Callis as Recording Secretary.- The Town Board will be acting on this '
recommendation this 'evening. The only other thing is 'they spent most of the meeting
working on the two accessory apartment proposed law for .accessory apartments. Their
next meeting is 'scheduled for March 21st at 5:00 P.M. here at the Town Hall. That's
all I have to report.
SUPERVISOR MURPHY: Thank you, Jean. Ray?
JUSTICE EDWARDS : Just that these past few warm weekends we've had have brought
the summer residents out to Fishers Island to check up for winter damage and so forth.
There are five new houses being built' on the Island this winter and we're looking
forward to the delivery of our new ferry boat sometime in May or June and I "ill be
reading some resolutions here later in the meeting where we're paying funds from the
Ferry District to the builder down in Florida. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Ray. My report is 'l've been very,. very busy.
One thing I'm. very happy to and anyone in'Southold here in particular, I appeared
before the Department of Public 'Works Committee and the Dredge Screening Committee
178 MARCH 12, 1085
a couple of days ago and we finally did get the approval of the County to dredge
Jockey Creek. I don't know if we're going to be able to make it before the bridge
is installed, but they are applying for the necessary permits and we have a spoil
area and hopefully this mess that we have in'that creek will be cleaned up. The
Town was responsible for an awful lot of it 'because of drainage from some farmland
going down on- to Lower Road and underneath Route 25 and we have addressed that.
We've closed on the property to. build a sump on Lower Road and we hope this will
take care of all the drainage and we will not be polluting that creek. We're trying
to make a definite effort to keep all of our creeks clean and to reverse this 'what's
happening to all the creeks in' Nassau and Suffolk County, this 'pollution from road
runoff and all that. We're working very actively towards it.' On Fishers Island we're
going to establish a base station for radio communications with 'the Police Department.
We're going into a new network to extend our radio 'system so that we can, in an
emergency, communicate with Fishers Island. Hope it never happens, that they dor
have a major emergency over there, but if they ever do we will be able to communic �.
Up until now we haven't been able to do anything. I was very happy to have, last
l�,
W66k-, " a meeting, a joint meeting-'with the Village of Greenport and the Southold
Town Board. 1 think it's a. very good way to get together to discuss. common
problems and so that each one of us knows what the other is 'doing and I think
the relationship' between the-two boards is much better. I'm. very happy to say.
11. PUBLIC NOTICES.
SUPERVISOR MURPHY : Moving on to the second item on the agenda, Public
Notices.
I.' - From our State Senator Ken LaValle, an invitation to attend .the opening
of the Suffolk Independing Living Organization at the Medical Park in'Suite 11,
Medord, 'Nevy York on March 22nd. .. Everybody is invited between 12:00 and 5:00.
2.a.New York State DEC 'Notice'of Complete Application by Constantine P.
Georgiopoulo's to--,place clean fill; construct a one-family home, install a septic '
system, at�Great Pond, Southold. Written comments to the DEC by April '11, 1985.
- 2.b.SEQR Notice of Completion of the Draft Environmental Impact- Statement
by Constantine P. Georgiopoulos, DEC--nat-ice. Written comments by April 11, :1985.
3. Suffolk County Board of Health meeting notification, 10:00 A.M. , March
13th. in the. .VIP Room, Brookhaven.Gym, that's .tomorrow. Anyone want's to go.
We have a representative from !our Water Committee attending this 'and will'make
some comments for Southold Town concerning the proposed Article 7 which is most
important to all -of-Lorig-lsland, particularly Southold Town.
- - 4. Long Island Regional Planning Board project notification and review system
on a rehabilitation of Elizabeth Airport, Fishers Island. This is :a grant we have
and they're looking for any environmental information or if 'anybody would have any
objection to it before it's done.
5. Notice from Dimension Cable Services that they're going to start on their '
rebuild construction on Soundview are in Southold on March 11th and it will 'take
about two weeks.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: The next item -on the agenda is 'Communications.
1. From the Cutchogue Library. Very interesting comments. What we did in
Southold Town thisyear, the money we granted to the libraries for their :aid from
our budget, we increased by 10o but we asked them to spend 200 of their allocation
on aid to. the handicapped. Very nice comments,. very well taken. All the libraries
seem to be. very supportive of it 'and it's .a. very good program. We have a very
active Handicapped Advisory Committee in the Town and this is 'what we're trying
to accomplish to make people more aware and to try to address the needs of those
who need it.'
V. RESOLUTIONS.
SUPERVISOR MURPHY: We've got a couple minutes before the next item on the
agenda, the public hearings, so I would suggest we move on to Resolutions. The
first one we were going to have a determination today, but one of our Councilmen
had to be absent because of business and we would like to have additional discussion
so we're going to hold No. 1 if nobody has any objections. (Decision on the Relief
Petition of Harold Reese and Frederick Reese. )---Number 2 is authorization for a bus
trip.
2. Moved by Councilman:Stoutenburghi. seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby 'authorizes the
Senior Citizens Club of Southold Township; Mattituck Unit to engage one bus at
a cost of $120. 00 to the Town (the Club to pay $200. 00) to transport their group
to New York City on March 13, .1985, and be it 'further
RESOLVED that the Town Board hereby grants permission to the Club to park
their cars at the Senior/Youth Center, Peconic on the day of the trip.
i
SUPERVISOR MURPHY: Any questions? (No response.)
2.-Vote of�the-Town- Board: - -Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
MARCH 12, 1985 179
SUPERVISOR:M..U.RPHY.: .Number 3 is another bus trip:
3. Moved --by Justice" Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Senior: C.itiiens- Club of Southold "f ownship; Mattituck Unit, to engage one bus at
a cost of $286. 54 to the Town (the Club has paid $50. 00 deposit) to transport
their group Ao New York City on April: '9, :1985'.. and be it further
RESOLVED that the,-Tow n.Board hereby grants .permission to the Club to park
their cars at the Senior/Youth Center, Peconic 'on the day of the trip.
SUPERVISOR MURPHY : Any questions? (No response.)
3.-Vote of the Town .Board;;,-:,Ayes:.. Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is �a trailer permit renewal.
4: `Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the application of Florence Steiner for renewal of single family
house trailer permit,' for trailer located at right-of-way off southeast side of Main '
Road, Mattituck, New York, which permit 'expires on March 12, •1985, be.and hereby
is granted for a six' (6) month period.
4.-Vote of the -Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 we're going to hold because the enabling legis-'
lation, the corrected enabling legislation has not been drawn up. We hope to have
it for next weeks. vote. (Introduction and enactment of a special'- law entitled, "AN
ACT authorizi►i the Town of Southold, Suffolk County, 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."--Number 6 is
to authorize' signing an agreement on the New York ,STOP-DWI Program.
6. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute an agreement between the County
of Suffolk and the Town for participation in the New York State STOP-DWI Program
for fiscal year .1985, and the Town is thereby eligible for $6,000. 00 for the purpose
of enhancement of these enforcement services.
SUPERVISOR MURPHY : Any questions? (No response.)
6.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman. Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is to appoint Fishers Island Harbormaster.
7. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints John
Clavin, Fishers Island, New York, as Harbor Master for the waters in and around
Fishers Island, effective immediately through December 31, .1985. Mr. Clavin to
serve in'this 'capacity without. compensation. `
SUPERVISOR MURPHY: Any questions? (No response.)
7.-Vote of the Town Board: Ayes:. Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This, resolution' was declared ,duly; .ADOP:TED,.: :
SUPERVISOR MURPHY:.. Number 8,.is 'to execute an agreement between the Town
and John Clavin from Fishers Island.
8.. Moved by Justice. Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute an agreement between the Town
and John-Clavin, Fishers Island, New-York to perform services as a part-time Bay
Constable for the purpose of patrolling the waters in and around the Town of
Southold, at a total compensation of $1,000'.'00, effective immediately through
December 31, 1985, the Town to. pay all expenses .for fuel required for the
operation of the boat of Mr. Clavin while performing services for the Town
during the term hereto.
8.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
1,80 MARCH 12, 1985
SUPERVISOR MURPHY: Number 9 is :to execute an agreement between the Town
and Steve Malinowski from Fishers Island.
9. 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 execute an agreement between the Town
and Stephen Malinowski, 'Fishers Island, New .York, to perform services of Assistant
Bay Constable for the purpose of patrolling the waterways in and about the Town
of Southold, at a total compensation of $1,000. 00 for the period June 15, •1985 through
September 15, :1985.
- 9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy,
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number •10 is to -accept a bid'on police uniforms. .
10. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
- of,Manno -Uniform and Security Equipment Corp. , Seaford, New York, -for furnishing
to the Town of Southold Police Department Uniform Clothing for fiscal year 1985' at
the following per item prices:
Winter Coat $89..95; SpringlFall Jacket $'39.'95; Cardigan Sweater $27. 00;
Winter Gloves - $16.75; Winter Cap - $8;.�95; Summer Cap - $8. 95; Long Sleeved
Shirt - $21:. 95; Short Sleeved Shirt = $19.80'; Tropical Trousers $29'.95; All Year
Trousers - $39.95; ElastiqueTrousers - $29.85;' plus the following oversize charges:
Trousers 44-48 = 100,._50-52 .71 200, 54-56 . '300; Shirts, long sleeve 18-19 - 100,
20 200; Shirts short sleeve XXIg - 106, XXXIg - 20%; Coats and Jackets 48-50 -
.100; 52-54 -.-..200,. :56:. 300.
SUPERVISOR MURPHY: Any questions? (No response.)
-10.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
-Councilman Stoutenburgh, Justice Edwards, Councilman Townsend.
SUPERVISOR-.MURPHY:::rs1 .:have_ a question on it. I just saw it 'now. But I Will'
say: Yes, and if 'it's .a problem on low bid'-I .don't know if '.we have a low bid.
COUNCILMAN SCHONDEBARE: That's .what I'm looking at to.
S.UPERV ISOR.-MURPHY: Where. he took exceptions. on.. size.
COUNCILMAN STOUTENBURGH : I thought you said' it 'was lower than the other one.
SUPERVISOR MURPHY: It is ' but I didn't figure out where he took exceptions.
TOWN CLERK TERRY: For over-size-.
COUNCILMAN TOWNSEND :- But he was significantly below the others.
SUPERVISOR MURPHY: Yes, but he's .looking for 30-40%. Let's look into it.
TOWN CLERK TERRY: I don't think we have anybody that wears size's like that.
SUPERVISOR MURPHY: 1 hope not.
COUNCILMAN SCHONDEBARE: They ought to be out there running if 'they're
that big'
TOWN CLERK TERRY: Size' 56?
SUPERVISOR MURPHY: I hope they're not our policemen.
10.-This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time I'd .like a resolution to recess for the scheduled_
public hearings.
Moved by Councilman' Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that a recess be called at this time, 8:'00 P.M. , for the purpose of
holding the following public 'hearings:
-8:00 P.M. - "A Local Law to amend the Zoning Code in' relation to dwelling
unit 'density." -
8r05 '!A-Local ,Law in`relation to a partial' real property tax exemption
for senior citizens."
. 8: 10 P.M. - "A Local Law in relation to building set-back requirements on lots
adjacent to water bodies and wetlands."
Vote of the Town Board:. ..Ayes-....Councilwoman.Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
Thic ragnhitinri wac rlarlarorl rlsiNr AnOPTl=r)
MARCH 12, 1985 181
Meetir3g recontiened at 8':'50- P.M.'- -
SUPERVISOR MURPHY: The next resolution is Number 11, a lead agency in a zone
1.1. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it .was
RESOLVED that the Town Board of the Town of Southold hereby declares itself
lead agency in' regard to the State Environmental Quality Review Act in the matter
_of the petition of. Meadow Farms. Associates for a Change of Zone from "A" Residential
and Agricultural District to "M" Light Multiple Residence District on certain property
located on the westerly side of Main Road (N.Y.S. Route 25) , south of Tucker Lane,
Southold, New-York. == -
.SUPERVISOR MURPHY; Any questions? (No response.)
11.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, :Justice Edwards, Councilman Townsend, Supervisor Murphy.
.. This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is to transmit 'this petition.
12. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS,. a petition has been received from Meadow Farms Associates requesting
a Change of Zone from "A" Residential and Agricultural District to "M" Light
Multiple Residence District on certain'property located on the west side of Main
Road (N.Y.S. Route 25) , south of Tuckers Lane, Southold, New York,. now,
therefore, be it '
RESOLVED that .the Town Clerk be and she hereby is 'directed to transmit 'said'
petition to the Southold Town Planning Board and Suffolk County Department of
Planning all in accordance with the Southold Town Code and Suffolk County Charter.
SUPERVISOR MURPHY: Any questions? . (No response.)
12.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is �to seek proposals for the cleaning of the
uniforms of our Police Department.
13. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to seek proposals for the cleaning of the uniforms of the
members of the Southold Town Police Department for the period from May 1, •1985
through April 30,. 1986.
13.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is a proposed Local Law for mooring fees on
Fishers. Island.
14. Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby sets' 3:30 'P.M.,
Tuesday, March 26, 198551 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 in ' Relation. to mooring permit fees," 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 32 of the Code of the Town of Southold is 'hereby amended as follows:
1. Section' 32=-39.2 B '(3) of Article III ' (Mooring Permit 'Fees in'West Harbor)
is hereby-amended to read as follows: "' .
Size'. of Boat Permit 'Fee
Up to 25_ feet
26 feet to 35 feet 25.'00
-. Over' '35-feet ; . 50.00. ._. .
All nonresidents [ 50. 00] 100.-00
2. This 'Local Law shall take effect upon its filing with the Secretary of State.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN STOUTENBURGH :- None, but a comment. In Southold Town waters
over on the mainland the permit 'fee is �$5.00 for any size' boat.
COUNCILMAN SCHONDEBARE: But this 'is 'Fishers Island. I mean we're not talking
about 'anything here. This is Fishers Island. Right, Judge?
182 MARCH 12, 1985
JUSTICE EDWARDS: No. It all come about because the Town didn't want to buy
two garbage dumpsters. The figured the only way they could do it was to increase
the fees and of course these mooring fees come right back inhere to the Town. We
don't see them on Fishers Island. One way or another we see them, but the increase
will' go right in''the Town coffers. and now we'll get our garbage dumpsters over there
to pick up the garbage that these nonresidents. come over and come ashore, typical
sailboater like Mr. Stoutenburgh, they get two gallons of gas, .fifty gallons of water,
wash their boat down, leave five bags of garbage and they leave maybe twenty-five
cents on the Island.
COUNCILMAN STOUTENBURGH : Seeing I have been alluded to, I think I should say
1 do. visit 'your harbor occasionally. I. do not use any washing facilities and never
have---on my boat.
COUNCILMAN SCHONDEBARE: Okay. I'm sure the public 'wants to know that.
COUNCILMAN STOUTENBURGH : And I am a resident of Southold Town, so I should
have some rights over there, right?
SUPERVISOR MURPHY: Yes.
COUNCILMAN SCHONDEBARE: I'm glad I started this 'conversation.
SUPERVISOR MURPHY: Okay, is 'there any other comments? (No response. )
14.-Vote of the -Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is 'to accept a Letter of Credit for a subdivision.
:15. Moved by Councilman Townsend, seconded by Justice Edwards, it was. .
RESOLVED that the Town Board of the Town of Southold hereby approves and
accepts Letter of Credit in 'the amount of $250,'000. 00 posted as a bond for roads
and._ improvements in_`the subdivision known as "Homestead Acres" located at Greenport,
New York-.T_.._._.� �.___.
. 15.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, -Justice Edwards, Councilman ,Townsend, Supervisor Murp
. This resolution was declared-duly ADOPTED.
SUPERVISOR MURPHY: .Number .16 is 'to create a position of Recreation Supervisor.
16. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it 'was
RESOLVED. .that the. Town Board of the Town of Southold hereby creates the position
of Recreation Supervisor and sets the salary for same at $18,000.00, and be it `further
RESOLVED that the Supervisor be and he hereby is authorized and directed to request
the Suffolk County Department of Civil Service to submit 'a current List of Eligibles
for this Town position.
SUPERVISOR MURPHY: Any questions? - (No response.)
.16.-Vote of the Town Board.: Ayes: . Councilwoman.:.Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is 'to declare lead agency.
17. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby declares itself
lead agency in` regard to the State Environmental Quality Review Act in the matter
of the application of Suffolk Cement Precast, Inc.for a permit 'for a sand and gravel
pit operation at the west side of Cox's .Lane and south side of Oregon Road, Cutchoc
New York.
17.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18 is 'to approve the amount of a bond on a subdivison.
18. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the amount
of $48,000.00 for a bond for the remaining improvements within' the subdivision of
"Woodbine Manor" located at Cutchogue, as recommended by the Southold Town
Planning Board and Professional Engineer Lawrence M. Tuthill '.
18.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 19 is 'a traile'r permit renewal.
MARCH 12, 1985 183
19. Moved by-Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the application of Martin'Sidor for renewal of a single family house
trailer permit, for trailer located at the south side of Oregon Road, Mattituck, New
York, which permit expires on March 23, 1985, be and hereby is 'granted for _a six'
(6) month period.
SUPERVISOR MURPHY: Any.ques.tions?.:_..(No response.)...
19.-Vote of the Town Board: .. Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number. 20'is 'a decision on a proposed- zone change:.
20. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh,
WHEREAS, Reynold F. Blum, ..by petition dated May :29,' :1984 petitioned the Town
Board of the Town of Southold for a Change of Zone on certain'property situated
at Cutchogue, New York, from "A" Residential and Agricultural District to "B-1"
General B.usiness..District, and : .
WHEREAS, said' petition was referred to the Southold Town Planning Board and
Suffolk County Department-:of Planning for -official' recommendation and report, and
WHEREAS, the Town Board, pursuant to due notice held a public 'hearing thereon
on the 18th day of December, :1984, at 1:30 P.M., at which. time all itnerested persons
were given an opportunity to be heard, now, therefore, be it '
RESOLVED that Reynold F. Blum be and hereby is 'denied the relief demanded in''
said' petition for the following reasons:
1. The__requested change of zone is 'not. consistent with the present Southold
Town Master Plan.
2. It has not been demonstrated to. the Town Board that there is 'a need for
additional "13-1" General Business District in' said' location: ,
SUPERVISOR MURPHY: Any questions? (No response.)
20.m-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is 'to purchase seed, clams.
21. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize's the
purchase of the following seed clams from Aquacultural Research Corporation,
Dennis, Massachusetts; said' seed, clams to be paid from Community Development
and Suffolk 'County Planning Grant funds
250,000 R=3 (4-5 mm.) seed clams at $1.5.00 per 1000----Total: $3,750.00
June, :1985 delivery.- .
100,000 R-12 (16-25 mm) seed clams at $45.00 per 1000----Total: $4,500.00
October, •1985 delivery.
21.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is a resolution to approve a bond resolution for
the purchase of a mobile road sweeper.
22. Moved by Supervisor Murphy; -seconded by Justice Edwards,
BOND._.RESOLUTION OF_T.HE .TOWN,.OF.SO.UTHOLD, NEW YORK, ADOPTED MARCH
12,' 1985. AUTHORIZING (A) ACQUISITION OF A NEW DIESEL POWERED MOBILE
ROAD SWEEPER, AND (B) TRADE-IN OF THE :1974 ROAD SWEEPER OWNED BY
THE TOWN AND APPLICATION OF THE' $5,'000 "TRADE-IN. VALUE TOWARDS THE
COST OF SUCH MOBILE ROAD SWEEPER FOR USE BY THE TOWN, STATING THE
ESTIMATED MAXIMUM COST THEREOF,. INCLUD.I.NG .SAID TRADE-IN. VALUE, IS
$80,00.0, APPROPRIATING SAID AMOUNT THEREFOR, LESS TRADE-IN VALUE,
AND AUTHORIZING THE ISSUANCE OF .$75,000 SERIAL BONDS OF SAID TOWN
TO FINANCE THE BALANCE, OF. SAID APPROPRIATION AFTER DEDUCTING SAID
TRADE-IN !VALUE:
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN. THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES AS -FOLLOWS:--
Section 1. The Town of Southold, in the County of
Suffolk,..New..York' (herein called "Town") , is hereby authorized--to
(A) accruire by purchase a new diesel powered mobile road sweeper,
and (b) -trade-in the 1974 road sweeper owned by the Town and
apply the $5, 000 trade-in value towards- the cost of such mobile
F•
1 .8 4
MARCH 12, 1985
-road sweeper for use .by. the..Town. The estimated maximum cost of
said specific object or purpose, including trade-in value,
preliminary costs and costs incidental thereto and the financing
thereof, is $80, 000 and said amount, less said trade-in value, is
hereby appropriated therefor. The plan of financing includes the
issuance of $75, 000 serial bonds of the Town to finance the
balance of said appropriation, less said trade-in value, and the
levy and collection of taxes on all the taxable real property in
the Town to pay the principal of said bonds and the interest
thereon as the same shall become due and payable.
Section 2 . Serial bonds of the Town in the principal .
amount of $75, 000, are hereby authorized to be issued pursuant to
the provisions of the Local Finance Law, constituting Chapter 33-
a of the Consolidated Laws of the State of New York (herein
called "Law" ) to finance the balance of said appropriation after
deducting said trade-in value.
.,Section;. 3 . ; :.The_..:,,foljowing additional matters are hereby
determined and declared:
(a) The period of probable usefulness of said specific
object or purpose for which said $75,000- serial 'bonds authorized
pursuant to this resolution are to be issued, within the
limitations of Section 11. 00 a. 32 of the Law, is five (5) years.
(b) Current funds are not required by the Law to be
provided as a. down payment prior to the issuance of the bonds
authorized by this resolution or any bond -anticipation notes
issued in anticipation thereof in accordance with Section 107.00
d. 5 of the Law.
. _(c) The proposed. maturity of the bonds authorized by
this resolution will not exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of validity
as prescribed by Section 52 . 00 of the Law and said bonds and any
notes issued in anticipation of said bonds, shall be general
obligations of the Town, payable as to both principal and
interest by general tax upon all the taxable real property within
._ the Town without limitation of rate or amount. The faith and
credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any
notes issued in anticipation of the sale of said bonds and
MARCH 12, 1985 185
provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such
year and (b) the payment of interest to be due and payable in
such year.
Section S. Subject to the provisions of this resolution
and of the Law and pursuant to the provisions of Section 30.00
relative to the authorization of the issuance of bond
anticipation notes and of Section 50.00 and Sections 56. 00 to
60. 00 of the Law, the powers and duties of the .Town Board
relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of
.the bonds herein .authorized. and of any bond anticipation notes
issued in anticipation of said bonds, and the renewals of said
notes, are hereby delegated to the Supervisor, the chief fiscal
officer of the Town.
Section 6. The validity of the bonds authorized by this
resolution and of any notes issued in anticipation of the sale of
said bonds,_-_may .be _contested .only if: .
. (a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7. This bond resolution shall take effect
immediately, and the Town Clerk of the Town, is hereby authorized
and directed to publish the foregoing resolution, in full,
together with a Notice attached in substantially the form
prescribed by §81 . 00 of the Law in "THE LONG ISLAND TRAVELER-
MATTITUCK WATCHMAN, " a newspaper published' in Southold, New York,
and in "THE SUFFOLK TIMES, " a newspaper published in Greenport,
New York, each having a general circulation in the Town and
hereby designated the official newspapers of said Town for such
publication.----i
SUPERVISOR MURPHY : Any questions? (No response.)
22.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor, Murphy.
This 'resoltition' was rlPclarPd dilly AnnPTpn .
86 MARCH 12, 1985
SUPERVISOR MURPHY: Number. 23 is a trailer renewal.
23. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it 'was
RESOLVED that the application of Sophie 'T. Saunders for renewal of a single
family house trailer permit, for trailer located at the .north side of Main'Road,
Laurel, New York, which permit :expires on April 7, 1985, be and hereby is
granted for a six' (6) month period.
SUPERVISOR MURPHY: Any questions? (No response.)
23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy!.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is 'to authorize me to execute a Memorandum of _
Understanding.
24. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute a Memorandum of Understanding
between the Suffolk County Department of Labor and the Town for the 1985 Summer
Youth Employment and Training Program, at no cost to the Town, for the eight
week period beginning June 24, 1985 and ending August 16, :1985'.
24.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 'is 'to appoint gate attendants.
25. Moved by Councilman Townsend, seconded by Supervisor.Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following individuals as Gate Attendants at the Landfill, effective immediately,
at a salary of $5.00 per hour: Doris 'M. MarczeWski, Daniel' W. McKenna, Arthur
Lane.
25.-Vote of.the Town Board:. Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Mur ph-?.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is 'to appoint Home Health Aides.
26. Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following individuals as Home Health Aides at the Southold Town Adult Day Care
Center, effective immediately, at the following hourly rates of pay:
- ,Mary Ewell '$3.35 per hour
Marion Gordon '$3. 35 per hour
Elizabeth Hamma $4. 50 per hour
Arie Kearse $3.35 per hour
Louise 'Macomber $3.35 per hour
Marion O'Connor $3. 35 per hour
Carolyn Smith $3. 35 per hour
Faith Tiner $4.:50 .per hour
26.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 27 is to execute an agreement with the Court Clerk.
27. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Town Poard_.of.the Town of Southold hereby authoiriies and
directs Supervisor Francis'J. Murphy to execute an agreement between the Town
and Myrtle Kiefer, Certified Court Reporter, to provide court reporting services
to the Southold Town Justice Court; effective January 1, 11985: through December
31, 11985, under the following terms and conditions:
1. . The fees for Morning Session services shall be: $65.00 for an initial'
appearancd. : If there `is;',a need for :an' afternoon session, the -fee will be '$35. 00
for-any.,four -ho-ur, session or part thereof..
2. The fees for Evening Session services shall be: $65.00 for an initial'
appearance. . If this session exceed s:.fouw.hours, :the fee will be'.'$35.00 for any
additional four hour._.session or'-part .thereof.
3.. Fees for a Jury Trial' following a regular daily session will ' be treated
as .an initial appearance under the same terms and conditions as stated above.
4. . There shall be a $35. 00 appearance fee if 'a jury trial is 'cancelled, unless
forty=eight (48) hours notice has been given.
5. I f a Friday court session is 'cancelled there will 'be a fee of $50.•00.
6. There will' be a $2.00 per page fee for any transcript of proceedings
required by the Southold Town Justice Court.
MARCH 12, 1985 187
COUNCILMAN SCHONDEBARE: I'd like.to say we got a request by Judge Tedeschi
that this 'be approved.
SUPERVISOR MURPHY: Yes. Jay, this•'came about from the auditor. We've been
in a fight, so to. speak, with the DA about who was going to pay for the Court
Clerk and we never had an agreement. We need an agreement for the auditor.
This ''is 'what this 'is 'doing.
26.-Vote of. the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY : Number 28 is Fishers Island Ferry District to repair the
ferry. - -- -
28. Moved by Justice Edwards, seconded-by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island Ferry District to advertise
for bids for drydocking of the M/V MUNNATAWKET for periodic `inspection,
necessary repairs, and refurbishing of the. vessel's underwater body.
28.-Vote of the Town Board: ,Ayes:. Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice. Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number :29 is to allocate additional funds for proposed
engineering services.
29. Moved by Justice Edwards, seconded by Councilwoman Cochran,
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District by its
resolution of October 27, .1983 and Southold Town Board resolution of November 3,
. ;1983, -engaged the firm of Sparkman 8 :Stephens, Inc. to provide naval architect
services in formulating specifications, reviewing builder plans, and inspecting a
vessel .under. .construction at an estimated cost of $30,'000.'00, and
HEREAS, services received from Sparkman 8 'Stephens will ' now exceed the
original estimated cost by date of delivery of a new vesse , now, there ore, be it
RESOLVED that the Town Board .of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to allocate additional
funds in the amount of $10, 000.'00 for. continuing utilization of the services of
Sparkman S- Stephens-until the. vessel under• construction at Eastern Marine, Inc. ,
Panama City, Florida has been. completed and delivered . -"
29.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, 'Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 30 is 'to advertise for bids for construction of new
mooring facilities in'Connecticut.
30.' Moved by Justice Edwards, seconded by Councilwoman Cochran,
WHEREAS, the impending delivery of the M./V. RACE POINT to the Fishers Island
Ferry District from Eastern Marine, Inc. and the replacement of M/V OLINDA by
M/V RACE POINT will'necessitate the construction of new mooring facilities at
New London, Connecticut, and
WHEREAS, plans and specifications for .a "New Ferry Docking Facility - New London
Harbor - New London, Connecticut" have been prepared by DiCesare-Bentley Enginers,
Inc. , Suite 3, Century Professional Center, 100 'Fort Hill' Road, Groton, Connecticut
06340,' now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board
of Commissioners of the Fishers Island Ferry District to advertise for competitive bids
for the construction of aforesaid' new mooring facilities as per specifications.
30.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is 'a change order Addendum No. 2 to the
ferry contract.
31. Moved by Justice Edwards, seconded. by Councilman Townsend,
WHEREAS, a contract, under date of July 30, 11984', exists between the Fishers
Island Ferry District and Eastern Marine, Inc. of Panama City, Florida for the
construction and delivery of a 162 ft. passenger/auto ferry vessel in' accordance
with Sparkman E Stephens Design 2476-1, Alt. A (rev. 319/84) and Specifications.
No. 2476 dated 3119184' and Supplement to Specifications No. 2476 dated 31:19/84, and
WHEREAS, said'contract has been amended by Addendum No. 1 to Supplement to
Specifications No. 2476, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to execute a change
order to said contract to be entitled, "Addendum No 2 to Supplement to Specifications
No. 2476, 162 ft. Passenger/Auto Ferry" to provide for several changes to .the
specifications as originally written at a net cost of $3, 184. 00.'
188 MARCH 12, 1985
31.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This `resolution was- declared. duly- ADOPTED.
SUPERVISOR MURPHY: Number 32 is 'to authorize Officer Bannon to attend a
conference.
32. Moved by-Supervisor. Murphy,. seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Police
Officer Dennis Bannon to attend the Third Annual New York State Governor's
Conference on Crime Prevention to be held at Albany, New York on April: 9, 10,
11, :1985" and the actual expenses. for conference fee in the amount of $105. 00, and
expenses for lodging, meals and transportation shall be a legal charge against the
Police.Department:-Budget.. - -
SUPERVISOR MURPHY: Any questions? (No response.)
32.7-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number '33 is 'to authorize Office Charters to attend a
conference.
33. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Police
Officer Beth .Charters to attend a two day conference on Child Sexual Abuse at
Fordhpm University of Law, New York City, on March 28 and .29, •1985', and the
actual expenses for. conference fee in the amount of $75. 00, and expenses for lodging,
meals and transportation shall be a legal charge against the Police Department Budget.
33.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was d-eclared duly ADOPTED.
SUPERVISOR MURPHY: Number 34 is 'to set a public hearing on a proposed Local
Law.
34. Moved by Justice Edwards, seconded by Councilwoman Cochran, it `was
RESOLVED that the Town Board of the Town of Southold hereby sets 3:35 P.M.,
Tuesday, March 26, 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 Town Wetlands Ordinance -in' relation to definitions, administration,
enforcement and action on applications," which reads as follows, to wit:`
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter- 97. of the Southold Town Code (Wetlands) is hereby amended as
follows: (additions indicated by underline; deletion by [brackets])
I . The. term "Tidal Waters" set forth in Section 97-13 thereof (Definitions)
is hereby amended to read as follows:
_TIDAL WATERS - All waters bordering on or within the boundaries of the
Town of Southold subject to fluctuation in depth from peak lunar, storm
or normal tidal action, and including, but not limited to all brackish and
salt waters--of--streams,--ponds, creeks,' estuaries, bays, sounds and inlets. -
11 . --The term "Wetlands" -set forth in Section 97-13 thereof (Definitions) is
hereby. amended to read as follows:
WETLANDS:
A. Tidal Wetlands.
(1) All lands generally covered or intermittenly covered with, or
which border on tidal waters, .[and_ upon which salt meadow
grass (Spartina patens) and/or cord grass (Spartina alteniflora)
grows or is capable of.being grown] , or-lands lying beneath tidal
waters, which at mean low tide, are covered by tidal waters to
'a maximum depth offive (5) feet; including, but not limited
to banks, bogs, .salt.marsh, .swamps, meadows, flats or other
tow lying lands subject to tidal action; and/or
(2) All banks, bogs, meadows, flats and tidal marsh subject to such
tides, and upon which grows or may grow some or any of the
following: salt hay, black grass, saltworts, sea lavender, tall
cordgrass,. high bush, cattails, groundsel, marsh mallow, and
Tow marsh cordgrass; and
MARCH 12, 1985 1 8 9
(3) All land immediately adjacent to a tidal wetland as defined in
Section 97-13A(2) and lying within seventy=five (75) feet landward
of-the most landward edge of such a tidal wetland.
(b) Freshwater Wetlands.
(1) Freshwater wetlands as defined in Article 24, Title 1, Section
24-0107, Subdivisions 1 (a) to 1 (d) inclusive, of the Environmental
Conservation Law of the State of New York [. ] ; and
(2) All land immediately adjacent to a freshwater wetland and lying
within seventy-five (75) feet landward of the most landward edge
of a freshwater wetland.
Ill . Section 97-20 (Permit required) thereof is hereby amended to read as
follows:
A. Permit required
Notwithstanding any prior course of conduct or permission granted,
no person shall conduct operations on any wetlands in the Town of
Southold unless he shall first obtain-a written permit therefor issued
by authority of the Trustees as hereinafter provided, and. only while
such permit remains in effect.
B. Notwithstanding the provisions of subdivision A of this section, the
Trustees may, by resolution, waive the requirement of a permit with
respect to lands immediately adjacent to wetlands, as defined in section
97-13A(3) and/or section 97-13B(2) , if the Trustees find and determine
that no operations are proposed on such lands,--or that the operations proposed
thereon comply with the standards set forth in Section 97-28 of this chapter.
IV. Subdivision C of section 97-24 thereof (Action on Application) is hereby
amended to read as follows:
C. Action. [Within thirty (30) days after] after the public hearing
on such application, the Trustees shall either adopt a resolution
directing the issuance of a permit or adopt a resolution denying
the application therefor. A resolution directing the issuance of
a permit may be adopted only if the Trustees find that the
proposed operations will conform to the standards set forth in
section 97-28 hereof, if the Trustees adopt a resolution denying
an application for a permit, the reasons for such denial shall be
set forth in such resolution. [in the event that the Trustees
shall fail to act on such application within the time prescribed
herein, such application shall be deemed to have been approved
and the Clerk shall issue a permit authorizing the operations
applied for.]
V. Section 97-30 thereof (Enforcing Officer) is hereby amended to read as
follows:
Section 97-30 - Enforcing officer
It shall be the duty of the [Building Inspector] Bay Constables (hereinafter
referred to as the "Bay Constable" to administer and enforce the provisions
of this Chapter.
VI . Subdivisions A, D and E of section 97-31 thereof (Notice of Violation) are
amended to read as follows:
Section 97-31 . Notice of Violation
A. Whenever the [Building Inspector] Bay Constable has reasonable
grounds to believe that operations regulated hereby are being
conducted in violation of the provisions of this chapter or not in
compliance with a permit issued pursuant to this chapter, he may
notify the owner of the property, or the owner's agent or the person
performing such operations, to suspend all operations, and any such
person shall forthwith cease operations until such notice of violation
has been rescinded.
D. The [Building Inspector] Bay Constable may extend the time of
compliance specified in the notice of violation where there is evidence
of intent to comply within the time specified and conditions exist which
prevent immediate compliance.
E. In the event that the person upon whom a notice of violation has been
served shall fail to comply with said notice within the time specified
1 9 0 MARCH 12, 1985
therein or within the time specified in any extension of time issued
by the [Building Inspector] Bay Constable, any permit issued to such
person pursuant to this chapter shall be deemed revoked.
VII . Subdivision A of Section 97-33 thereof (Penalties for offenses) is hereby
amended to read as follows:
Section 97-33. Penalties for offenses.
A. For each offense against any of the provisions of this chapter or any
regulations made pursuant thereto, or failure to comply with a written
notice or order of any [Building Inspector] Bay Constable_ within the
time fi,xed.fo.r. compliance therewith, the owner, occupant, builder,
architect, contractor or their agents or any other person who commits,
takes part or assists in the commission of any such offense o'r who
shall fail to comply with a written order or notice of any [Building
Inspector] Bay Constable shall, upon a first conviction thereof, be
guilty of a violation punishable by a fine of not exceeding five hu►idred
dollars ($500.) or imprisonment for a period not to exceed fifteen (15)
days, or both. Each day on which such violation shall occur shall
constitute a separate, additional offense. For a second and subsequent
conviction within eighteen (13) months thereafter, such person shall
be guilty of a violation punishable by a. fine not exceeding one thousand
five hundred dollars ($1,500.) or imprisonment for a period not to
exceed-fifteen (15) days, or both such fine and imprisonment.
V i l l . This Local Law shall take effect .upon its filing with the Secretary of State.
34..-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilniart Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 35 is 'to appoint a special' bay. constable in'Mattituck
Creek.
35. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints Vernon G.
Wermelinger, Mattituck, New York,. as a Special' Bay Constable for the Mattituck Crer-'-,
effective May '15., :1985 through September 10,' .1985, at a salary of $7.50 per hour,
plus a one time charge of a maximum of $75.00 for servicing his 'outboard motor; he
to supply his 'own boat, motor, trailer, the Town to supply the gas.
COUNCILMAN SCHONDEBARE: I have a question. Is' the same gentleman that we
did' last year?
SUPERVISOR MURPHY: Yes.
COUNCILMAN SCHONDEBARE: Retired Nassau County. cop?
-SUPERVISOR MURPHY: Yes, Jay.
COUNCILMAN , SCHONDEBARE: What did'we pay him- last year?
SUPERVISOR MURPHY: Same.
COUNCILMAN SCHONDEBARE: Did we give him' the $75.00 to overhaul his 'boat
last year?
SUPERVISOR MURPHY : No.
TOWN CLERK TERRY: That's the only difference, and he starting a little bit '
earlier.-
COUNCILMAN SCHONDEBARE: Okay, thank you.
35.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
t:.,... C. C,�n1r. ..•.
SUPERVISOR MURPHY: Number .36 is 'to adopt Local Law No. '2.
36. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy,
WHEREAS, a proposed Local Law No. 2 - :1985: was introduced at a meeting of this
Board held on the 5th day of February, •1985'. and
WHEREAS, a public 'hearing was held thereon by this 'Board on the 26th day of
February, :19851 at which time all interested persons were given an opportunity to
be heard theroen, now, therefore, be it
MARCH 12, 1985 191
RESOLVED that Local Law No.-.-2 1985'. be enacted as follows:
LOCAL LAW NO. 2 - •1985
A Local Law in relation to electing a retirement incentive
program as authorized by Chapter 665, Laws of .1984, for
eligible employees of the Town of Southold
BE .IT ENACTED by the Town Board of the Town of Southold, New York, as follows
Section 1. . The Town of Southold hereby elects to provide all its eligible
employees with a retirement incentive program authorized by Chapter 665, Laws of
1984.
Section 2. The commencement date.of the retirement incentive program will ' be
May 1, -1985'.
.Section 3. The open period, during which eligible employees may retire and
receive the additional retirement benefit,' shall be 50 days in'length.
Section 4., . The actuarial' present. value of the additional retirement benefits
payable pursuant to the provisions of this 'local law shall be funded over a five
year period. The amount of the annual -payment in`each of the five years shall
be determined by the. Actuary of the New York State Employees' Retirement System,
and it shall be paid' by the Town of Southold for each employee who receives the
retirement benefits payable under this 'local law.
Section 5. . This act shall take effect immediately.
SUPERVISOR MURPHY: Any questions on it?
COUNCILMAN STOUTENBURGH: It's a one-time thing.
36.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
n Councilman Stouteburgh, Justice Edwards, Supervisor Murphy. Abstain' Council
man Townsend: 11m,going to abstain'on this.,' I don't have the information in order
to make a decision.
This 'resolution' was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 37 is 'a transfer of funds.
` 37. Moved by Councilman .Stoutenburgh, seconded by Supervisor Murphy, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following transfer within :the General Fund Whole Town :1985 Budget:
From: A-962 - Budgetary Provisions for Other Uses $10,000. 00
A1990..4 - Contingent $ 5,000. 00
Total : $15,000. 00
Into: A1440..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?
Moved by Councilman Townsend, seconded by Justice Edwards, it 'was
Table RESOLVED that Resolution No.' 37 be and hereby is 'TABLED.
37. -Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Justice Edwards, Councilman Townsend. No: Councilman Stoutenburgh, .Supervisor
Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this `time we are not able to offer No.' 38 and :39.'
(No.' 38 - Agreement with R. W. Beck and Associates to conduct an Engineering
Overview Study Establishing a Municipal Electric 'Utility.) (No. :39 - Make applica-
tion to PASNY for a contract allocation of ten megawatts of hydroelectric power
and energy.)
SUPERVISOR MURPHY: ' Number 40 is 'to appoint officers of the Housing Advisory
Committee.
40. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town. of Southold hereby appoints Herbert
Mandel, Chairman of the Southold Town Housing Advisory Committee, George Wetmore,
Vice Chairman, and Loisanne Callis, Recording Secretary, effective immediately through
December 28, 1985.
COUNCILMAN SCHONDEBARE: I don't remember seeing any. communications. Is this '
something that, came out of the Housing Committee' that you guys agreed to?
COUNCILWOMAN COCHRAN : It's a recommendation of the Committee.
SUPERVISOR MURPHY: They just met yesterday.
COUNCILWOMAN COCHRAN : They met last night at 5:00 o'clock, Jay, and the
nominating committee came in with these names.
COUNCILMAN SCHONDEBARE: They all agree to them?
192 MARCH 12, 1985
COUNCILWOMAN COCHRAN : The nominating committee presented them, the committee
voted to recommend to this -Board the appointment of these people. Their decision.
SUPERVISOR MURPHY: We could appoint anyone you want.
40.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Want to adopt the Local Law on the Senior Citizen Exemption
at this time?
COUNCILMAN SCHONDEBARE: I'll go along with that. (The other Board members
agreed.)
41.-Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, a proposed Local Law No.' 3 - :1985' 'was introduced at a meeting of this
Board held on the 26th day of February, •1985, and
WHEREAS' , a.:public 'hearing was held thereon by this 'Board on the 12th day of
March, :1985, at which time all interested persons were given an opportunity to be
heard thereon, now, therefore, be' it '
RESOLVED that Local Law No.' 3 - :1985: be enacted as follows:
LOCAL LAW NO. 3 - :1985
--A Local Law in' relation to a partial' real
property tax exemption for Senior Citizens
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 :
e.;-1=:.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.
11 . 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
MARCH 12, 1985 193
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
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?
194 MARCH 12, 1985
COUNCILMAN TOWNSEND : There were some other changes and additions to the law.
Where did those come from? Where did' you get the additions reducing the period
from 60 months to 24 months and that sort of thing?
TOWN ATTORNEY TASKER: The original enabling legislation was adopted in' 1966.
by the State Legislature. We can adopt a Local Law granting exemptions but we have
to follow the State Law. The State Law has been amended .29 times since then. Since
we're making this 'one change from $5,0o0 'to :$9,000 I decided I would put all of the
changes in'the State Law into the Local Law so the people could read the Local Law
here and know the entire law.
COUNCILMAN TOWNSEND: In other words, the State Law supersedes----
TOWN ATTORNEY TASKER: 'Some-time back there was the 24 month and that's
been changed.
COUNCILMAN TOWNSEND: .The 60 month has been changed to 24.
TOWN ATTORNEY: TASKER:-:-_That's...right,. and five to two, and there's been
numerous other .changes, so I incorporated them all into our Law in'our Code
Book 'so that if 'anybody wants to know what the State Law is; that's it.' We
have to be cons istent-w.ith ihe-_State._Law. _. _._..-.
SUPERVISOR MURPHY: Any other questions on this? (No response.)
41.7-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution--was-.declared_.duly..-ADOPTED.--.._._..________._..
SUPERVISOR MURPHY .-That's the end.-of'the..prepared agenda-and the added-on-to
agenda: Is there .any Councilman would like to make any additional comments, starting
on my left? Judge.Edwar--ds:?_(Nothing,--thank.-you.) - Jean? (Nothing,- thank-you.)
Paul?
COUNCILMAN. STOUT_ENBURGH : Well, I'm thinking very seriously of not traveling
to Fishers Island. ... __ _. . . ..
JUSTICE EDWARDS: Thank you.
SUPERVISOR MURPHY: Joseph? (No.)
COUNCILMAN SCHONDEBARE: I'm thinking very seriously of not sailing with Mr.
Stoutenburgh if 'he doesn't use the toilet -facilities. He's ,never asked me, but if
he does----
SUPERVISOR MURPHY: Is' there anyone in'the audience would like to address the
Town Board? Anyone at all? John?
JOHN SKABRY, Henrys 'Lane, Peconic: I feel privileged that I'm able to talk before
this `Board. Since the hamlet meetings on the Master Plan were initiated back in
:1983' I guess it 'was, I've been attending meeting and going to public'functions where
there was talk about an airport which is 'close to my home and I'd like to know if '
there's any progress on having a public 'meeting, .a hearing. If'there's .been any
communication between the FAA and New York State Department of Transportation.
I met with Supervisor Murphy and he's .only one person on the Board, right after
January, right after the presentation that took place here by the airport proponents
and I was told at that time it would be at least six'weeks, perhaps eight weeks
before the engineer. could conclude revising the study. Since this 'has really been
a thorn in my side, a burr in'my saddle,- call 'it what you want, I'd .like to know if '
any action has been taken by the Town Board since the presentation. Before I
wrote a letter back in':1984 to Congressman Carney because I didn't know where
this airport was. coming from and through the Commissioner of the Federal Aviation
Administration, Eastern Region, Director Joseph Cohalls wrote me that the decision
is made by local officials and that since the Site Selection Master Plan includes
public participation process, we suggest that Mr. Skabry and his 'neighbors participate
int he planning process by attending any public 'meetings and expressing their
feelings about any proposed new airport site. That's my right under the federal
law and I've done that and I think the people that don't want the airport have been
very patient. Now, on January the 8th the New York State Department of Trans-
portation, Foster J. Beach, wrote a letter to Mr. David C. Spohn at the Town of
Southold Hall here that it said'that at this 'juncture we believe there is 'sufficient
information for the Town Board to present the alternate sites to the public.' We
recommend that the Town Board schedule a.public 'meeting with the technical
assistance of the consultant to gather public comment on the four alternate sites.
Sites 2, 3, 5 and 6. This letter is 'in the Town Clerk's Office in' the Airport File.
It was received January 14th in the Town of Southold. Copies was sent to the Town
Supervisor, Town Board and the Town Attorney. Then he goes over about 25
separate items that he wanted corrected by the engineer, but in' the letter he
MARCH 12, 1985 195
indicates that at this 'juncture he's ready,. he feels as though at this juncture we
believe there is •sufficient information: for the Town Board to present the alternate
sites to the public: We recommend the Town Board schedule a public 'meeting. The
Airport Committee which represents the Town and was appointed by the Town Board
in'.1983, Mr. David-Spohn wrote a letter to Foster Beach, to the Supervisor, and
this is 'dated February the 1st and in' it he states--I don't want to burden you with
all this letter, but, it 'says,- "Through your letter of January 8th the New York
State Department of Transportation believes there is 'sufficient information for the
Town Board to present the alternate sites to the public:. I would, therefore, believe
that the information is 'good enough for public'consumption and the four alternate
sites are therefore approved by the New York State Department of Transportation
for selection and comment by the public:" That's .February the 4th. Now, February
the 21 st in writing in' response to a .letter that I .wrote to the Commissioner of Trans-
portation of the State of New York, Foster J. Beach, Supervisor of Planning and
Development, wrote me a letter. And this 'is 'what he says: "Before the Town Board
can make a reasonable judgment in' regard to the feasibility study, it is necessary
that the Town's consultant revise his 'draft report and we have recommended that
the Town hold a public'meeting." Once again' he states, "we have recommended that
the Town .hold a public 'meeting. - And it's .important that all sides of this issue be
aired and that all segments of the Town have an opportunity to. voice their `opinion
before a decision is made. And that in'order to end the study the Town must request
that action from the State and the FAA and documented reasons why." Can anyone
tell me why we haven't had the public 'meeting yet? We have a. fine' bound copy of
the Site Selection Plan. We know what the airport .proponents want in the Town of
Southold. There's .a copy been distributed to every library, Town officials have
them, some civic 'organiza'tions have received. copies. If there are going to be changes
in this; a draft revision or whatever you want to call it,' everything's a draft revision.
Everything' that we make here tonight is a draft revision. It says here that of the
questions that the DOT had to Mr. Puckli,`who's .the Town hired engineer to design
this airport, "due to costs, sociopolitical and environmental concerns it 'may be necessary
to proposed development that does not reach the recommended levels or that stages
development. The feasibility study should include these considerations in recommending
facility development. In other words this fancy talk, sociopolitical and environmental
concerns, means like me. I'm.a sociopolitical, environmental concern and I'm very
concerned about my front yard and what I can do in'my backyard with my feet up
and drink a beer at the end of the day. That's'what I'm talking about. I'm just
a red neck to a• lot of people, but that's just the way that 1, am. I'm a sociopolitical
and environmental concernee and it maybe necessary to propose development that
does not reach the recommended levels. They're talking about that blue bound bo-ok
that shows the 3600 .foot runway with the cross runway ending up over Goldsmiths
Inlet. That's .what they're talking about and that to reach the recommended levels
or that stages development. Stages development means we start with a .3600 footer,
just like Kennedy started with a dirt runway, just like East Hampton started with a
dirt runway, just like Westhampton started with the military base, just like Republic
started with dirt runways and then they stage development. It's right in' here in
the letter that's on file in the Town Clerk's Office, written by Foster Beach, State
of New York, Department of Transportation, Planning and Development, written
to all the people that we've elected here, the Town Board. It's addressed to the
Town Board, Mr. David C. Spohn. Copies have gone to every Town Board member
and the Town Supervisor and the Town Attorney on the 22nd of January. Nobodys
really---everybody knows what stage development means. They can come in'with a
real skinny report now from the engineers office that says this 'is going to be just,
you know, soft blacktop. It's not going to be any jets here. We'll make it 'as big'
as Mattituck. I appeal to you to please have--if'we need the public 'hearing, which
1,,really don't think that we need the public 'hearing. Let's get it 'on. ; The people
are ready for it.' Let's get the hearing on if it has to be a hearing. Does anyone
on the Town Board have any idea when the hearing is 'going to be held? When we're
going to..be able to. find out what's going to go on in'Cutchogue? .
SUPERVISOR MURPHY: I. could tell you. If you read -your letter from Mr. Beach,
the first. letter,. ,he .states in'there. when..we reach this juncture. 1 believe he's
talking about the juncture. when those 25 or 28 items are correctly studied and
correctly answered to the satisfaction of the FAA and the New York State Depart-
ment of Transportation. I believe he says that again' in his 'second letter that you
quoted ;from. At that point .in time then we will `have a public 'hearing and 1 think
we definitely should have a public 'hearing so that we could have a reason for saying-
we want an airport or we don't want an airport. But I do think, as I stated to you
several times, and I wrote to you several times, that I think it 'is very important that
the man who is 'doing the study completes the study properly so that he is not going
to be allowed to be paid' for a study that is improperly completed. I expect to be
talking to Mr. Puckli the end of this week, early next week. As far as I know the
answers to those questions in',January's letter from Mr. Beach to•.Dave Spohn have
not been identified because I have not heard that the DOT is 'analyzing the answers.
Okay? I think as soon as these questions are properly answered and properly looked
at, then 1 -think we'll have a. complete report and at that time we expect to have a
public 'hearing.
MR. -SKABRY-: . That's not what he says. He doesn't say that when we reach this '
juncture. This 'is an exact quotation, "at this juncture." And the date of the letter
196 MARCH 12, 1985
is January 8th, .1985. "At this 'juncture we believe there" is 'sufficient information for
the Town Board to present the alternate sites to the public."
SUPERVISOR MURPHY: What did' he say before it?
MR. SKABRY: I'll read the whole letter. "Dear Mr. Spohn:" This 'is 'addressed to
the Town of Southold. "We have an opportunity to review Mr'. Puckli's' submitted
airport site selection/master plan study for the Town of Southold. As a result of
this review and our December 6 meeting, we have a number of comments concerning
this project. In the future we would appreciate your forwarding two copies of all
reports directly to the Aviation Bureau in'Albany.. Please continue to send three
copies of.all reports to this 'office. Until we .receive a written response to our
comments on the first report submitted by Mr. Puckli we cannot approve the forecas"
and will' be unable to process any payment requests for thisproject. We will expect
a written reponse to our. comments on the November submittal as well. We have
enclosed a copy of the draft Master Plan Workscope Checklist that the Aviation
Bureau has prepared. We believe the checklist will be of considerable help to the
consultant. At this juncture we believe there is :sufficient information for the Town
Board to present the alternate sites to the public.' We recommend that the Town
Board schedule-a 'publicmeeting with the technical assistance of the consultant to
gather public'comment on the four alternate sites 2,' 3, 4, and 5. Based on the
revised consultant reports as well as the results of the public'meeting, the Town Board
must decide whether .or not to go ahead with the feasibility study and which site,
if 'any, should be developed as a second municipal airport in'the .Town of Southold.
SUPERVISOR MURPHY : John, I'm of the opinion that Mr. Beach--and Mr. Beach
is 'of the opinion also, that he is.'waiting for these answers. I get it from his
letter that at that juncture means when these questions are properly answered.
That's, l believe, is 'what he's .talking about. Maybe I'm wrong.
COUNCILMAN SCHONDEBARE: ._.It:..is not the most well drafted letter. And that
paragraph is 'ambiguous, John. I agree with you. It's very ambiguous. Atl this
uncture--I . agree with you in'that sense it sounds like right. now, but when you
read hi.s 'letter as a whole I kind of--I don't see it that way. 1 think he's still
waiting for the additional information.
MR. SKABRY: How..long is 'he._going to wait ':for additional information?
SUPERVISOR MURPHY : That's .up to the man doing---
MR. SKABRY: . .And. also. do .you :really .believe that I'm going to swallow the fact
that this 'airport--or anybody's .going to believe that this airport is going to be.
anything:more than .just.a:staged .airport?
SUPERVISOR MURPHY:. John, one of the big''questions on that, and it 'had a great
determination on .whatever site was picked out, . was the question of condemnation.
That was not addressed in'the initial' report and it 'was one that Mr. Beach asked
to be addressed and it 'has been addressed by the Town Board. The Town Board onx
a resolution said we would not, condemn property. So I believe--I think if 'you want
to get a clarification on that you should really call Mr. Beach. But I'm personally
for waiting until the consultant does the job that he was hired to do, does it properly.
We are not capable--you probably .are the most capable person around here not connecter
to aviation--to analyze' an aviation report and I'm sure you're not really capable in the
real '.engine'ering sense and I believe the State and. the Federal government has the
expertise in'knows what to look for and I think we should let them look for it 'so
we could get a report that.might be. very obvious on what it's going to tell us.
MR. SKABRY: I believe exactly the opposite and so does the Federal government
because they say it's .a local issue, so does the State .government. Okay? And it
is a local issue and it is us that have to analyze' the mumbo-jumbo. It's sort of
like getting the fox to watch the chicken coop. You've got an Aviation Bureau in'
New York State Department of Transportation and the FAA. They're job is 'to .
foster and perpetuate aviation, to make sure that it's safe. It's up to us to take
the mumbo-jumbo apart and find out whether this 'thing is really going to keep us
up at night, whether there's .going to be jet fuel, whether jets can land there or
not. That's why we have this 'form of government, not that we're going to depend
on a stalling tactic 'in'Hauppauge or in'JFK Airport where the FAA sits. I believe
that, and you were right, and what they told you was six'to eight weeks was when
they .were coming back with a report. ' I wouldn't believe it's six'to eight months
before there's another report and the elections are over. That's frankly how I feel:
about it. I think that the thing has got to be ended as soon as possible. We're
ready for a public 'hearing. We don't need their 'other report, a revised addition
to this 'draft report which'. by the way, took 22 years for a draft report. That's
all I have to say.
SUPERVISOR MURPHY: Thank you, John. Is there anyone else would like to
comment before the Town Board? Mr. Spohn? Mrs. Skabry?
MARCH 12, 1985 197
MRS. SKABRY: He can go first.
SUPERVISOR MURPHY: Don't fight.
MRS. SKABRY: He goes first.
MR. DAV ID SPOHN : Good evening, Supervisor Murphy and members of the Town
Board. My name isDavid Spohn and of course you know that I'm on the Technical
Advisory Committee, the Town. Contact for the Airport Study. I realize' for some
people would be anxious. to speed things up, however, the aviation community has
been very patient. We've been in progress since .1979. We patiently waited two
years when. .the funding was not available, so we want to be sure that things are
done carefully because what you're deciding is whether or not you will' have access
to the airspace above. The whole object is 'to provide for one public 'point of
access to.the air-'..space from Southold .Town. proper. I do have a communication
that addresses the point made by' Mr. Skabry. I offer it so a ze'rox copy may be
made and he can get the read out from Mr. Foster Beach in' answer to my letter
references to revising the report.
SUPERVISOR MURPHY: We'll .make a. copy and distribute it 'for you.
MR. SPOHN : Would you like me to read the one paragraph that pertains to--- .
SUPERVISOR MURPHY: You have the floor.
MR. SPOHN: Okay."Once we have reviewed your February 1st letter we will 'ask
that -the consultant report be reviwed accordingly. After the consultant has submitted
the revised report we recommend that the Town Board schedule a public meeting with
the technical assistance of the consultant -to gather public'comment on the four alternate
sites (Sites 2,' 3,' 5 and 6) as well as any other sites the Town Board thinks viable.
For example, the Town may want to discuss Mattituck Airbase or a combination of
sites." I think that one particular paragraph addresses the point that was being
brought up. And, .of course, I'm always available for any questions anyone wishes
to ask 'about the progress and .the whole report as we go along. 1 thank you for
your time.
SUPERVISOR MURPHY: .Thank you. If you give that to the Town Clerk,' Dave,
we'll .see that the Town Board .gets it-'and any interested parties. Mrs. Skabry.
MARGARET SKABRY: I've been here a few other times about this 'airport. You
referred to the fact that this 'Town Board may have passed a resolution that it
will' not. condemn land. I sat here at the last Town Board meeting and listened to
the Town Board resolve a resolution, you know, eliminate. It's not hard to do.
That resolution stated "at this time" in'this 'particular case. Now, condemnation
of land, that sounds like a terrible thing and gets people up in'arms. What the
general public 'doesn't seem to realize; and maybe, maybe one or two people on
this Board don't realize' is that we've been told that it wouldn't necessary have
to take Bergmann's home, that this 'runway could be angled 500 feet to the west.
Now, Mr. Murpy, would you like to .live in Bergmann's .house with the plans landing
day and night, flight schools, night flights,. various size' planes, 365 days a year?
It was. very good of this Board to pass this resolution. It was a little assurance
that; yes, you had finally begun to listen, but the paper was worthless. We know
that. Unfortunately it 'sent out a little feeling to the general public of them feeling
a little more sure and they shouldn't. . They should not, not with the way this '
committee is set up for the airport, the people who are on it. It's not to be trusted.
It's a worthless piece of paper, but it was a beautiful gesture. The important thing
now, .Mr. Murphy and members of the Town Board, is 'that you finally, before
election time, or before any other postponement, get up and help us. It took
about 300 signatures to get this thing started, a few business and real estate
people whose names you hear quite often down here, to get this 'thing started.
We have over 1000 signatures now. Membership' is growing by leaps and bounds
of Southold Taxpayers Group Against the Airport. What more do you need to
understand that this `is not wanted by the general public: It may be wanted by
a woman on Shelter Island who does flight lessons. It may be wanted by three
pilots out in'Orient. I don't understand why Rose Field isn't even owned by
Rose anymore. I didn't realize that until 'I went down to the Tax Office. Could
that have something to do with the push for an airport now? Wanting me to buy
them an airport. I don't ask them to build us a drag strip and pay for it.� I
could use the boat ramps .they talk about. They stated .this 'is funded by tax
dollars from Federal Aviation. Well I'll be dipped if I'm going to fly to Florida
with.my..husband this.'_spring,.: because .that will be my dollars building the airport
near me. _No way. .. This 'is taxpayers money one way or the other and we're tax-
payers that don't want it. Please get off the dime and get started helping us.
You helped that: 95 year old lady. Listen to us and help us so we can applaud
you as well. Thank you.
SUPERVISOR MURPHY: Thank you. Is there anyone else would like to address
the Board? Mr. Reese?
198 MARCH 12, 1985
MR. HAROLD. REESE: I was told yesterday that our application for exemption from
two acre zoning would come up tonight and so far 1 haven't heard anything.
SUPERVISOR MURPHY: 1 explained in•the first resolution, sir, that Mr. Schondebare
was detained today and was not here to discuss it and I didn't think it 'was fair to
put him in a position up on the dais: We will discuss it in the Work Session. He
was unavoidably detained.
MR. REESE: I didn't know that, but I can understand.
SUPERVISOR MURPHY: I thought I said' so in the very beginning. I'm sorry
to keep you.
MR. REESE: I didn't hear it,' but; please accept my apologies. I'll wait. Thank yoi
SUPERVISOR MURPHY: Anyone else like to address the Town Board? (No response.)
If not, thank you for your patience and I'd like a motion to adjourn.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 9:50 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
��14-Judith T. Terry
Southold Town Clerk