HomeMy WebLinkAboutTB-06/04/1985 294
F _
'SOUTHOLD TOWN BOARD
J U.N E 4, 1985
WORK SESSION
Present: Supervisor Francis 'J. .Murphy,: Councilman Joseph L. Townsend,. Jr,
Justice Raymond W. Edwards, Councilman Paul Stoutenburgh, Councilman James
A. Schondebare, Councilwoman Jean W_ Cochran, Town Clerk Judith T.* Terry,
Town Attorney Robert W.. Tasker,� Superintendent 'of Highways Raymond C. Dean.
9:45 A.M. - Planning Consultant David Emilita met with the Board to discuss his
review of the Costello Draft EIS, which is'the subject of Resolution. No.. 41. . The
majority of the Board felt there were concerns to. be addressed in:a Final EIS; and
Councilman Townsend specifically wanted the economic'impact addressed and. Council- .
man Stoutenburgh had a number of concerns relative.to water supply. A telephone
call was made to Mr.• Costello and Merlon Wiggins prepare of the DEIS asking if'they
Would meet with the Board at 3:00- P.M. to review those matters, of concern the. Boar:
will' be requesting in:the. Final-.EIS:.
10:00 A.M.- Police Chief-A. Daniel' W-inters-..met with. the Board,Ao discuss any revisions
the Board might. have to. the. new ..proposed' Police Rules and. Regulations; the subject of
Resolution. No. 4. PBA President Jack, .Clark and Patrolman Martin Flatlet' were present
and Mr:- Clark,. along with the Board,: reviewed his letter of 5128 citing objections to
the Rules and Regulations. Mr., Clark further requested a postponement of the resolutior
to give him an opportunity to met, with the Board to discuss the RER point by point.
The Board was in'agreement that they were satisfied with the R&R,, but reviewed several
of Mr., Clark's .written objections.' It 'was decided to "while on .duty" to Item 39 on page
12 and the same phrase to Item 58 on page 41, as well as removing the words"'immoral
conduct", Item 15, page 11 and inserting a paragraph concerning the"possession or use
of controlled substances, .etc." . No' further changes were agreed. to by the Board and
Resolution. No. 4 will be. voted 'on at the regular meeting in'the evening.
11:00 A.M. - Bessie Swann, Director of 'the Greenport Housing Alliance met with the
Board to discuss the possible use ofi Community Development tunas to purchase tax
lien parcels to then be deeded to .the Housing Alliance for rehabilitation. The lega I
requirements for such a transfer, which the Board will' be doing with two other parcels
in Resolutions 16 and 32,' was discussed. Town Attorney Tasker stating that such
sales are subject to a permissive 'referendum and Mrs. Swann disagreeing, stating
that all towns do it differently and the general. rule is 'not_subject _tota. permissive. _
referendum. Councilman Townsend` recommended the creation of a Housing Authority
with the Town Board members as the Commissioners. _it is his teeling tHatunder
a Housing Authority many of the legal problems the Town is facing today would be
avoided. Town Attorney Tasker will' research the legal means of creating such an
Authority.
11:45 A.M. - Steve Latham, .Esq., representing the Town of Southampton, met with
the Board to present and review two proposed resolutions. concerning County Executive
Cohalan's Executive Order 1-1985. concerning the Shoreham Nuclear Power Station. He
advised the Board that the.order has authorized and ordered the Chief of Police, Suffolk
County Police Department, Dr. .Koppelman and the Planning Department to use county
resources to (1) review and evaluate the LILCO Emergency Plan; (2) test and implement
the plan in a mock drill; '(3) ordered the police'to assume command and control positions
to implement police powers. This 'order directly contradicts County Legislature resolution:
of 1982. and 1983. declaring Shoreham unsafe with no suitable evacuation plan and the
station should not be permitted .to open, and no funds or personnel of the county may
be assigned for an emergency evacuation plan. Mr. Latham stated the County Legislature
will be filing a law suit against the. County Executive and requested the Town of Southold
JUNE 4, 1985 295
to join'with the Towns of Southampton, East Hampton, Riverhead and Shelter Island to
file, a joint law suit 'to set aside Executive Order 1-1985.--The Board debated the issue
relative to the powers of the county and towns and Mr.. Latham said' the order usurps
the town's powers. Councilman Schondebare stated his 'position that the County Legis=
lature's .suit against the .County Executive.is:sufficierit and the law suit 'by the East
End Towns is superfluous. The Board advised Mr. Latham they would discuss his
request further and make a decision before the regular meeting in the evening.
12:35 P.M. - Recess for lunch.
2:05 P.M. - Work. Session reconvened and the Board..discussed: (1) The proposed
"Local Law in' relation to requirements for highway evacuations," which Superintendent
of Highways will explain further before putting it before the Board for a •resoluti'on to
hold a public hearing. (2). The advantages of having a Presort First-Class Mail 'permit
for the Town (see Resolution. No. 40) . (3) Code Committee Chairman Councilman
Schondebare's .report to the Board, as a result of a Code Committee meeting, recommend-
ing that a; Grandfather Clause not be added to the new Dwelling .Unit Density Law.
A letter to Richard; Pellicane, attorney for. Tidemark, who requested such a grandfather
clause, will be prepared and sent by Town Attorney Tasker.
2:20 P.M. =. Town Trustee President Henry Smith and Trustees Frank Kujawski.'and
John Bednoski met with the Board. to .discuss. the recent rules and regulations of the
Suffolk. County Department of Planning relative to maintenance dredging of the creeks
whereby they require that there. be pub is access to all creeks that are to be dredged'
by the. County. Trustee Kujawski stated that to provide access would add to the
already sever pollution problem, and :Trustee Smith 'stated he has spoken to numerous
Baymen who have no problem with addess. . Trustee Kujawski the Trustees are going
on record .opposing the County regulations relative to assess and suggested a plan
whereby the propose to the County that they give the Town the lowest. amount of
moeny they have spent for the past five years dreding in•Southold Town and the
Town could do the dredging themselves with. a. crane and a bucket, which is 'one of
the most sensible ways of doing it.' . The Trustees requested the Board to abandon
proposed Resolution. No. 18 in which the Board would agree to make the necessary
alterations and/or construction to make public access available before April 1, 1986,
and the Board agreed.
2:40 P.M. - Superintendent of Highways Dean discussed the proposed purchase of
a new payloader for the Landfill. He has received estimates from $115,000. for a used
one to $176,000 for a new one. He assured the Board that a reliable used one would
give the Town a good many years of service. A bond will be prepared to finance
the purchase of this. machine.
3:00 P.M. - John Costello and Merlon Wiggin'of Peconic Associates, Inc. , preparer
of the Draft Environmental Impact Statement for Mr. Costello on his proposal for the
annexation of his property at the corner of.Moores Lane and CR 48, met with the
Board to review the Board's..requests for information to be contained in' a proposed
Final EIS. Councilman Townsend and Councilman Stoutenburgh reiterated their concerns:
economic impact and water, as discussed ,in'the morning work session with Planning
Consultant David'Emilita. Although Mr.. Wiggin' took exception to the Board's request
that Mr. Costello and his.'cohsultant be responsible for. the preparation of the Final
l Es, the both agreed that they. would do it at no cost to the Town. Councilman
Townsend and Stoutenburgh will'draft their 'specific'concerns before the evening
o meeting.
,,--3:30 P.M. -• Councilman Schondebare— Chairman and only member of the .Street
Lighting Committee brought to the Board's -attention letters he has received request-
ing additional street lights: (1) .Marion Manor Property Owners. Association for five
additional lights between Gillette Drive and Cleaves Point .Road. At the present time
the Town is only installing street lights at -those intersections where. traffic•safety
requires, and has been systematically removing street lights that do,-not meet that
standard fora number of years. Further,• the Board determined that the street lights
on East Gillette Drive .do not meet that standard and are to be removed. This 'request
is denied. (2)' Mary Jane Hicks, with a petition containing 55 names, for a street
light at the end of Skippers Lane. Councilman Schondebare recommended a light at
this 'point whereas Fie discussed he situation with Chief Winters. and that is 'a problem
area. The light: will' be installed. (3) Donald Arcuri requesting the Town to take
over the street light adjacent to his home at Lighthouse Road, Southold. Mr. Arcuri
installed this light himself and .has been, making the request for the Town to take it
over for a number of years. . The Board agreed that if 'the light meets the present
specifications of the Town. Superintendent of Highways Dean to- make an inspection
of the light and advise the Board of his 'finding' s.
4:00 P.M. - The Board reviewed the proposed resolutions for the Regular Meeting
and audited outstanding bills.
6:00. P.M. - Work Session adjourned.
296 - JUNE 4, 1985
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, June 4,
1985 at the Southold Town Hall,. Main•Road, Southold,. New York.' Supervisor Murphy
opened the meeting at 7:30 P.M. witht he Pledge of Allegiance to the Flag.
Present: Supervisor Francis J. .Murphy
Councilman Joseph L.. Townsend, Jr.
Justice Raymond W. Edwards
Counciinian 'raui Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town. Clerk -Judith T.. Terry.
Town Attorney Robert-W.. Tasker
SUPERVISOR' MURPHY: Id .like to welcome everybody here tonight and just to go
off a little bit from our prepared agenda, we have two police officers who have served
the Town extremely well for many years, who are retiring and the Supervisor and I
know the whole Town Board-wishes both of them well.-We have resolutions for them
tonight. Bob Hulse and his 'wife are here .and l would like to. .read the resolution and
present it 'to him' tonight inappreciation from- me as the Supervisor and the entire
Town Board•, for a job extremely well done and he served the Town very well for
many years. Bob, why don't you• come.up, you and your wife and Danny, why don't .
you come up in'the front. (Supervisor Murphy read the resolution acknowledging Mr.
Hulse's .retirement and commending him for his dedication as a Southold Town Police
Officer from August 29, 1957 through June 1, 1985:.--See Resolution. No. 28.) Bob,'
job. very well done. . Thank you. Enjoy your retirement in'good health with your
lovely wife. -.(Congratulations by the entire Town Board.)
Jimmy Fitpatrick,' the other officer who is 'retiring, is 'sick.* He had planned
to be here but. I guess was not able to make it.' . The Chief and l will go to his house
and present him' with the Resolution. r (See Resolution. No.' •34.)
Moving on to.our regular agenda, l would like a• motion to approve the audit of
the bills of June 4, '1985.
Moved by Councilwoman.-Cochran,- -seconded. by Councilman Schondebare, it 'was
RESOLVED that the following audited bills be and hereby are orderedpaid: General
Fund Whole Town bills in'the amount of $.1-61,5'59.25; General Fund Part Town bills
in the amount of $423,079.07.; Highway Department bills in'the amount of $1.60, 858.07;
Fishers Island Ferry District bills in'the amount of $1-4, 892.86'; Southold Wastewater
Treatment Plant bills in the amount of $6,2.49.80; Community Development Year X Fund
bills in the amount of $628.00; Encumberances-Whole Town bills in the amount of $1.38.78.'
Agricultural Land Development Rights bills in• the amount of $6, 961.80; Long Island
Lighting. Company bills in the amount= of $1.1, 128.72.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,'
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR' MURPHY: I'd .like one now to approve the minutes of the Regular
Meeting of May 21st, 1985: and the Special Meeting of May 23rd, 1985.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, ' it 'was
RESOLVED that the minutes of the Regular Town Board meeting held,on May 21,
1985 and the Special Town Board meeting held ,on May 23, 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.
SUPERVISOR MURPHY: I'd .like a resolution now to set: the date of:the next meeting,
June 18th, 1985, 3:00 P.M., Southold Town Hall.
Moved by Councilman Stoutenburgh, 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, June 18, 1985, .at the Southold Town Hall, Main Road,
Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards., Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
JUNE 4, 1985 297
1'. ' REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on the agenda, Reports, these
reports are. on file in the Town. Clerk's .Office for anyone who would. like to review
them. In particular, if you want to really get an idea of the activity and the growth
that's .coming to Southold Town, read the Town Clerk's and the Town Building
Inspector's`-Report. They're. very interesting. and certainly shows you the tremendous
amount of growth we have here.
1. Dimension Cable Services. - Construction Update .and Construction Schedule.
2. Szepatowski Associates, . Inc. Progress Report - May -1985. '
3. Town Clerk's .monthly report - May -1985.
4. Building Inspector's monthly report -' May 1985.'
5. Councilmen's reports.. I'd .like at this 'time to ask our. Councilmen if they
have anything to report, starting on my left with Judge Edwards from Fishers Island.
JUSTICE EDWARDS: The Island is 'getting. very active now. We've lost our winter
status. The new ferryboat is' just about complete down in Florida. She's .going through
her sea trials, a few minor problems and I believe she'll .be heading up north here some-
time within'the next week and it's about a ten day trip' from the Gulf__Coast of Florida
all the way around. . The yachting activity has been picking upon the Island. We've
had quite a. few of the. visitors• come in on the weekend and I think ,it's Just the shades
of things to come this summer. . Thank you, Frank.
SUPERVISOR MURPHY: . Thank you, Ray. Jean?
COUNCILWOMAN. COCHRAN: I attended the Code Committee on the 22nd of May, and
11m. sure, Councilman Schondebare .will be reporting on that as. Chairman. The Hbusing
Committee met on May '23rd and since that time many of the questionnaires have been
hand delivered to the different segments of the community. In' addition, both .The
Long Island Traveler-Watchman and The Suffolk Times printed the questionnaire in
their'newspaper as a public service and on behalf of the Committee I'd like to thank
our local papers for their support and cooperation. - We've already begun to receive
responses, both by mail 'and by hand collection and I sincerely believe that the method
of distribution that the Committee decided upon, to do as much as possible by hand
delivery, we're. going.to have a: positive' response. . Next they'll ,be analyzing the data,
collating and analyzing the data collected, and this, of course, will 'help the Committee
in their working in the formulation of the recommendations that will be sent down to
the Town Board. Also the data will 'serve as rationale for those recommendations:
The Board has been meeting frequently to review the Master Plan. Quite frequently,
with the able assistance of.our. Town Attorney, so that we are able to bring this
information to the community: in'an orderly fashion. I also would like to thank the
Southold Town Veterans' organizations for theirthoughtful invitation to be a part
of the Memorial Day Parade honoring our war dead. One more thing I would like
to announce that our Recreation Director Susan Steinmetz-Fossett 'is 'on board. ' Her
office is located up in the Peconic Center and she'd .be. very pleased if you would
stop in and say hello. That's .it,' Frank.
=� SUPERVISOR MURPHY: Thank you,, Jean. Paul?,
COUNCILMAN STOUTENBURGH :. We did the same, we were with Jay's .Code Committee
and we are, as probably you'll .find out, we're getting deeper and deeper into our . .
Master Plan and we're tackling that. We did' it twice so far--three times,*.[ guess we've
been on it now,. trying to get through that document. I also attended a STOP 'Program
last night in Riverhead, in'which we .interviewed two haulers of toxic 'waste. Interesting
to find the complications the bureaucracy can pile upon you and we have to go through
a huge series of permits and so we are having somebody from the DEC come out, meet
with Jim' McMahon and start that rolling so in case we need them, we'll .be ready. We're
shooting for a September 14th date. This 'will be the date when anyone in' the Town
will be able to bring to 'our Landfill. a container of DDT .or some toxic waste that they
find in*their cellar or something that's .been sitting around and it 'will'be packaged
under the -supervision:,of, the DEC and licensed people and .it 'will' be hauled away to
a dump somewheres in' Maryland. . The two people we interviewed, one was from .
Maryland and one was a local, hauler. from Islip: We're thinking the figure. is going
run somewhere between $6,00.0. and' $7','00.0 :to the Town. . The places they`ve been at
they've had between .100. and '200. people bringing materials in'and we go by a set fee
to set the thing up and you think you're inMars, these people come ,out with all
these uniforms on and gloves and face .masks and everything to handle this 'toxic
material and the floor is all plaster and you just can't believe the rigmor;616 .we must
go. through, and the whole idea, of course, is 'to get people conscious of what they
have in their household that is 'toxic 'and hopefully that they will get rid'of the things
that are sitting around, rather than throwing them in ,our. Town Dump, which eventually
gets into our water supply.. So that's .well on the way and we should have somebody
out here this 'week meeting with Jim'McMahon.
SUPERVISOR MURPHY: Thank you, Paul. Joe?
COUNCILMAN TOWNSEND : Thank you, Frank. I have a few things. The Farmland
Preservation Committee met with Rod Green who is one of the appraisers. He submitted
298 JUNE 4 , 1985
the balance of his appraisals, with one exception, and also reviewed the appraisals of
Larsen. They've schedule meetings with farmers who have offered their properties 'for
sale for this Thursday and hopefully we'll have some idea, shortly after these meetings,
if we are going to be successful in purchasing the development rights of the farms in
Town. As you know, we have a million seven hundred fifty thousand dollars set aside
for the purchase of development rights to keep this farmland in' farming. It's been a
long process and this 'is really the beginning of the end of the process. The Housing
Committee met twice and I'm on that Committee with Jean. The Landmark Committee
also met to discuss the grant that..will allow us to complete the survey of landmarks
in Southold Town. It would be a three year project and we're looking for a grant
for at least part of the money from the New York State Council On The Arts. It
looks as though we're going to get a grant to help with this survey. We are one of
the few towns that has not done a survey of our landmark structures and we have
more landmark structures than any other. town on Long Island, so it's .time we went
alung with this. There are plenty ui djVdllidyC' aiiu i CawiJa iv w it. i yuUc olio
Town Board a list of those advantages today. Many of the Town Board members
attended a meeting on Fishers Island to discuss the new Master Plan. There was
a remarkable amount of interest. There must have been almost a hundred people
in'an auditorium over there to hear what the new Master Plan had in' store for
Fishers Island. . There was. concern expressed about some of the classifications
regarding designations for certain*areas, threeacre zoning,• commercial' zoning,
that sort of thing. . There was a discussion at some length on the incorporation
movement. There. was a; committee formed.i.ion the Island to discuss the incorporation
of a village for Fishers Island and -the report: left. it somewhat up in'the air'as to
whether they would proceed further.: One of the things that. came out that was
interesting to note was the fact that.they have their own private electric.*company
over there. For them to get the advantage that PASNY could offer a public utility
would be a relatively simple process and be relatively cost free, because it would
be a friendly take-over and I think it's something' they should pursue. They may
be able to get some of the hydro power, nuclear power, and without the costs of
condemnation, without out the costs of litigation and with their 'peculiar configuration
of the Island I think it would have a marked advantage for them to consider going
to a public utility. . The Code Committee met and you'll .hear a report on that.
was part of that. Supervisor Murphy and 1 spoke,at the Universalist Church before
their lSocial Responsibilities Committee on public housing one year later, and it 'was-
an interesting and informative night. I hope .1 added to that. That's about it.
SUPERVISOR MURPHY: Thank you, Joseph. Jay?
COUNCILMAN SCHONDEBARE: Thank you, Frank. The Street Light Committee met.
It seems that--for those of you who don't know, the Street Light Committee consists
of one person, me, so we meet whenever 1 decide to meet. It must be coming in'waves
lately. We're getting a lot more applications for street lights in Town. By and large
the applications, are being turned down. The guidelines primarily that we've established
in the past, before I even got on the Board, .was that we're not putting street lights
up on areas that do not need it. We're looking at intersections which have traffic
safety problems. Outside of that, .by. and large you do not get a street light.. In
fact we-re doing the opposite. : We're.taking the lights down in' those areas that do
not fall within our guidelines and the reason we're doing that is very simple. It's
called LILCO bills and it's costing .us a great deal of money. In fact, as we audited
the bills today we found -out it was like .$6-,0'00 in one month-=$6,800.00--Paul and 1
did that today, for street lights. Just one month for LILCO, so instead of putting
up more lights as people are. requesting--we had one segment in'East Marion that
wanted street lights on every other pole going down the street, we're, going around
now and taking down the street lights in'the area, so we're doing the opposite than
what some.people would like. I attended the Master Plan. Everyone else has mentioned
it. We have been doing that study. We started on page one of the proposed zoning
book and we're working ourselves through the whole book, page by page by page.
Hopefully by the time we get done with this 'we're going to know it 'backwards, forwards
and inside out.- . Then we're going to take it supposedly on the road show, hamlet to
f amlet,so the people have an opportunity to ask us questions and we should, by the.
time we finish with it, have the answers hopefully. The Code Committee met. We
discussed wetlands: We have a new Wetlands Ordinance. Evidentially there was what
appeared to be a conflict- in jurisdiction .between the Trustees and the ZBA over the
areas involved in the wetlands. It would appear that you have to go before both
boards in order to build a.structure or engage in some other activity in or about the
area of the wetlands. We felt that perhaps this should not be, why not go to one
board and maybe we want to amend the Wetlands Ordinance. When we sit down and
_ we go through it,' and it consists of the planning people--the Code Committee consists
of the Planning Chairman, ZBA Chairman,. Town Board members, Building Depart-
ment, Town Attorney--we decided that we want the dual jurisdiction of both the
ZBA and the Trustees for purposes of each has their own sphere of influence and
we decided to leave, it as is. . We finished on the horses. It's .on for a resolution
tonight to set a public 'hearing which I. think is June 18th or something of that
nature, as time when anyone interested can talk 'about that issue. We did'a question
on whether or not we wish to have a grandfather clause on the dwelling unit density.
Primarily it 'delt with Tidemark,' which is .a condominium application next to the Sunset
Motel and with whether or. not we should recommend to the Town Board a grandfather
JUNE 4, 1985 299
clause dealing with dwelling unit 'density.,. We decided not to- make that recommendation
to the Town Board. We also delt with berms--these mounds that you see that people
are putting up in or about their homes. We wanted to know whether or not we should
quickly implement that into our. Zoning Code without waiting until our. new Master Plan
is in effect and we decided that because of the wording of the proposed Local Law
dealing with berms, it 'Would be best that we wait until the Master Plan is 'in'effect
and then we put the berms in, if 'we decide to leave it as is: And that's .about it
that I. can `think of.
SUPERVISOR MURPHY: . Thank you, Jay. As you can see the Southold Town Board
has been. very busy, as all boards in the Town. . I would just like to make. a couple
of comments on welcoming Susan as 'our new Recreation Director... I think this is '
going to be a big asset for the Town and something that really 'is 'needed. And then
just to add a little to what.Jay said'about street lights, it's .not that we're- just taking
street linhtc dninrre Slnnh the 14;: NuIaxi 4Z11nMrin+mnr_1Ant hp�r1- ctartor nrnny^nm
many years ago that's .very: very effective and heck of a.lot cheaper than the lights.
Actually we pay about '$90,'000 a year for our electricity and it's .the reflector program
that every summer he puts up thousands,. literally thousands of reflectors on the sides
of the roads. One road you might want to notice, and you'd .probably notice the best,
is 'the County Road 48 where these reflectors are put on there. Several years ago we
took down the inefficient incandescent 90 Watt light bulbs off the street and really it's .
probably one of the safest roads than you have to ride on in'the Tawn and it's saves
us a heck of a lot of money.
II. PUBLIC. NOTICES.
SUPERVISOR MURPHY: Moving on to the second item on the agenda, -Public. Notices.
1. The only one we have is.a 'public hearing scheduled for July 2nd, 2:00 P.M.
at the World Trade Center in.' New Yore on an environmental conservation matter. . EC
Ill. COMMUNCATIONS.
SUPERVISOR MURPHY 1. , From Assemblyman Stanley Fink discussion a resolution
where we were opposing the ban of shellfish in. New York restaurants, and .he is
going to submit that for us. It was in reply to our Town Clerk.
2. R. W. Beck bringing us up to date a little bit on their engineering overview
study for possible power system in'Southold Town.
3. From Dr. Koppelman concerning Southold Tow.n's Master Plan. He has reviewed
it, thinks it's a. very good plan, .likes it 'very much and would like it 'adopted as soon
as possible and he's .got plenty of company.
4. From the Eastern Long Island Hospital Auxiliary thanking us for the use of
the Rec Center for their geranium sale.
5. From the Orient Association concerning hamlet meetings. As . soon as all the
necessary codes are reviewed and the map is reviewed in its entirety we will be going
out to the various locations in the Town to have these public meetings.
n
IV. PUBLIC HEARINGS.
SUPERVISOR MURPHY: We have one public hearing scheduled in'a few minutes.
(Petition of Elizabeth J. Homan for a Change of Zone.) We'll .wait three minutes
and then go to that.
V. RESOLUTIONS,
SUPERVISOR MURPHY: The first resolution (No. 1) we are going to hold. It's not
necessary. Suffolk County Department of Health did adopt Article 7. We will
congratulate them--we did already today. Okay, Number 2 is to grant permission
for the Cutchogue Fire Department to use roads.
2. Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Cutchogue Fire Department to use Town Roads for staging and line of march,
for their 18th Annual Parade and Drill"to be held on Saturday, July 20,,. 1985 at 6:00.
P.M. (raindate: Sunday, July 21, 1985. at 2:00 P.M.), provided they secure and main-
tain the necessary insurance to hold the Town of Southold Harmless.
2.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards,, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 we're -going to hold for two weeks (request the
enactment of Senate bill No. 5514 relative to the Southold land preservation bank) .
Number 4 is to accept Rules and Regulations for the Southold Town Police Department.
4. Moved by Councilman Townsend, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the .Town of Southold hereby approves and adopts
the "Rules and Regulations for the Government, Discipline and Administration of The
Police Department of The Town of Southold, New York," which read as follows, to wit
300 JUNE 4, 1985
RULES AND REGULATIONS
for the
GOVERNMENT, DISCIPLINE and ADMINISTRATION
of
THE POLICE DEPARTMENT
of
THE TOWN OF SOUTHOLD, NEW YORK
fatu of gneme"t (Zue*dc Of Z'tl Irs
maw lEttforrment Offirn, my fundamental duty is
Ito serve mankind; to safeguard lives and property; to protect the innocent
i against deception, the weak against oppression or intimidation, and the peace-
ful against violence or disorder; and to respect the Constitutional rights of all
I men to liberty, equality and Justice.
,.) Will keep my private life unsullied as an example to all; maintain coura-
geous calm in the face of danger, scorn or ridicule;develop self-restraint;and be
constantly mindful of the welfare of others. Honest in thought and deed in both
my personal and official life. I will be exemplary in obeying the laws of the
land and the regulations of my department. Whatever 1 see or hear of 'a con-
fidential nature or that is confided to me in my official capacity will be kept
ever secret unless revelation is necessary in the performance of my dut j.
,.1 alb never act officiously or permit personal feelings, prejudices, ani-
mosities or friendships to influence my decisions. With no compromise for
crime and with relentless prosecution.of criminals, I will enforce the law cour-
teously and appropriately without fear or favor, malice or ill will, never
employing unnecessary force or violence and never accepting gratuities.
„43 rprogntoU the badge of my office as a symbol of public faith, and 1
accept it as a public trust to be held so long as 1 am tiue to the ethics of the
police service. 1 will-constantly strive to achieve these objectives and ideals,
dedicating myself before God to my chosen profession . . . law enforcement.
JUNE 4, 1985 301
INDEX
ARTICLE SUBJECT PAGE
Article I Organization 1-2 -
Article 11 Duties of the Chief of Police 3-5
Article III Duties of Lieutenant 6-7
Article IV Duties of Sergeants gig
Article V Duties of Civilian Members 10
Article VI Rules of Conduct 11-14
Article VII Duties of Detectives �, 15-16
Article VI11 Duties of Members of the Department 17-19
Article IX .General Rules 20-22
Article X Definitions 23
Article XI Disciplinary Action 24
Article X I I Invalidity 25
Article XIII P.B.A. Agreements 26
Article XIV Effective Date 27
ARTICLE I
ORGANIZATION
Rule 1. Duties and Responsibilities.
The Police Department and its Police Members have the power
and it 'is their duty to:
3 � -
1. Protect life and property.
2. Prevent crime.
3. Detect .and arrest offenders.
4. Preserve the public 'peace.
5. ' Enforce all laws and ordinances over which the Police
Department has jurisdiction.
Rule 2. Chief of Police.
The Chief of Police is the chief executive of the Police Cepartment,
subject to the rules and regulations prescribed by the town board.
The government and control of the Police Department and its members
is vested in the Chief of Police. The Chief of Police shall be appointed
by the Town Board of the Town of Southold to exercise command of
the Police Department and its members. (Article 10 - Town Law)
Rule 3. Temporary Absence or Disability of the Chief of Police.
During the temporary absence or disability of the Chief of Police,
when no special designation is made by competent authority, the
command .automatically devolves upon the senior ranking member
of the command, who shall possess all the powers and perform all
the duties of.the Chief of Police, and he shall carry out the orders
previously given, which orders shall not, except in cases of extreme
emergency, be countermanded nor set aside; however, when such
action is taken, a report shall be made to the Chief of Police in
writing stating the reasons therefor in such instances.
302 JUNE 4, 1985
Rule 4. Order of Rank in the Police Department shall be:
Chief of Police
Lieutenant
Sergeant
p Police Officer
and any and all other classifications established by resolution of the
Town Board of the Town of Southold.
Rule 5. Seniority.
Seniority is determined by:
First - by rank.
Second - by continuous service in' rank.
Third - by date of appointment to previous rank or ranks.
Fourth - by date of appointment to department. Any member who has been transferred from another police force
within'Suffolk County, shall for the purpose of
determining seniority, be credited with such prior
service.
Fifth - by highest score on the Civil Service List from which
appointments were made at the time of initial appoint-
ment examination.
s Sixth - by age (older employee is 'senior).
Seventh- alphabetically by surname.
The method above shall be utiliied by starting with the First
subdivision. ifthat does not determine seniority, the next sub-
division shall be used, etc. until the seniority is determined.
For the purposes of this rule and regulation, time served in
a member's present rank shall have added thereto time served in
a higher rank or ranks.
ARTICLE If
DUTIES OF THE CHIEF OF POLICE
General Duties
Within the boundaries of the Town, the Chief of Police shall be charged with and
be responsible for the enforcement of all laws and ordinances and regulations.
Specific Duties
I. Enforce the Rules and Regulations of the Police Department and- be responsible
for the discipline and efficiency of the members of the department.
2. Provide each member with a copy of the Rules and Regulations, and properly
instruct him in his 'duties in such a manner as to render effective police
service; that he is 'instructed with regard to his conduct, on and off duty,
so that his conduct will' not be detrimental to the good order and efficiency
of the Police Department.
3.. Assure accuracy in'the preparation, maintenance and forwarding of reports
and records.
4. Assure that all books and records required to be kept are in'conformity with
the laws of the State of New York and the Rules and Regulations of the depart-
ment and that entries therein'are properly made.
5. As directed, take inventory, inspect and maintain'department buildings, property
and equipment, and forward a report to the Town Board.
JUNE 4, 1985 303
6. Account for the property assigned to and issued for the use of members of the
department, and the proper care, economical use, sufficiency and serviceability
thereof and shall cause frequent.inspections thereof.
7. Submit estimates to the Town Clerk for the preparation of the annual budget
by the Town Board.
y
8. Frequently visit every building or parts thereof assigned to the department
and all parts of the territory within' the boundaries of the Town, and take,
or direct to be taken, such action as may be required to render effective
police service and to maintain proper discipline of the members.
9. When on patrol, and when absent, except with leave, shall keep the department
informed of his whereabouts' .
10. Carefully investigate the following occurring within' the department, and
forward a written report, in' full detail to the Town Board:
a. The reported death of any member of the department, while
-acting in the discharge of duty.
b. Cases of special' faithfulness to duty, exceptional skill and
bravery in'the performance of duty, and police service 'bf
an exceptional nature rendered by any member of the depart-
ment.
c. Cases of civilians assistance to the police department or any
member thereof.
v - -
11. Carry out the following, in'addition to all other reports, when a member, of
the department is *injured, or a member of the public 'is injured. by a member
of the Police Department:
a. Make a careful investigation of the circumstances of the
injury, and cause witnesses to be interviewed and written
statements obtained.
b. Make a report of the results of the investigation. This
report shall show whether or not, in'his 'opinion, such
injury was sustained in the performance of police duty,
whether or not negligence on the part of the injured
member contributed to the injury, and the names and
addresses of all witnesses.
12. At his discretion, personally inspect the uniform and equipment of members
of the department. He shall at all times give particular attention to the
uniforms, equipment and general appearance of the members of the force.
13. Carefully observe the police duty performed by probationary patrolmen, and
report thereon to the Town Board at a meeting previous to the expiration of
the probationary period.
14. Obtain'or cause to be obtained all police department property, including all,
revolvers and pistols, in'the possession of a member of the force who resigns,
retires, is 'dismissed or enters active military service, and obtain'all police
department property and all revolvers and pistols from among the effects of
a member who dies, as required by law.
15. Divide the territory within the police jurisdiction of the Town 'into posts, to
be divided into such operational patrol sectors or posts as needed for continuous
patrol functions.
16. Issue written and verbal orders to attain department goals.
17. When a burglary or other serious crime is committed, or a serious accident
occurs under circumstances which indicate that the member of the department
on post might have prevented it, the Chief of Police shall cause an investigation
to be made, and if 'the investigation reveals neglect on the part of the member,
he shall prefer written charges against the member.
18. He shall cause duty charts to be established; such charts to h.ave. the. force
and effect of Rules and Regulations when 'authenticated with the original
signature of the Chief of Police. -
•19. Evaluate programs.
20. Draft specifications for equipment, uniform and insignia.'
21. Develop plans to meet department needs. .
22. Control department expenditures.
304 JUNE 4, 1985
23. Maintain' suitable relations with mass communications media. -
24. Cooperate with all law enforcement agencies and officers• in matters. of
mutual interest. -
25. Provide leadership�and guidance in developing loyalty and dedication to the
police profession.
26. Promulgate procedures for the direction, supervision and evaluation of members
in'their assigned duties. Recommend remedial or disciplinary action for in- .
efficient, incompetent or unsuitable conduct and/or behavior of members.
27. Support a member of his.'command who is 'properly performing his 'duty.
28. Correct subordinates in a dignified manner.
29. Insure the security and care of prisoners and sick, injured or unconscious
persons, and obtain medical care when needed.
30. Deal fairly and equitable with subordinates.
31. At all times conduct himself in'a manner which will'provide leadership' and
guidance to the members of the department and enhance the public'image
of the police in general.
32. Cause the vacation list for the following year to be prepared.
33. The Chief. of Police may excuse for one tour of duty a member of the depart-
- ment who performs any exceptional act or deed of particular merit, which in
his opinion deserves recognition, provided the exigencies of the service permit.'
A brief 'but comprehensive report of the act or deed for which he rewards such
member shall be forwarded to the Town Board, and he shall file a copy in the
member's .service record.
ARTICLE III
DUTIES OF LIEUTENANT OF POLICE
General Duties
A Lieutenant or Acting Lieutenant of the department shall be responsible for the
enforcement of all laws and ordinances, department Rules and Regulations, orders,
procedures, discipline, punctuality and attendance, appearance, good order and
efficiency of members within'his assigned jurisdiction. He shall perform such -
specific duties and functions as assigned by Chief of Police and provide leader-
ship'and guidance in'developing loyalty and dedication to the Police Department
of the Town of Southold. ,
Specific'Duties
A Lieutenant shall:
1. Perform :such specific'duties' and functions as assigned by the Chief of Police.
2. Obey all lawful'orders.
n
3. Provide leadership and guidance in developing loyalty and dedication to the
police profession.
4. Train' direct, supervise, and evaluate members in their assigned duties.
Recommend remedial or disciplinary action for inefficient, incompetent, or
unsuitable conduct and/or behavior of_members+
5. Support a member of his 'command who is 'properly performing.
6. Correct subordinates in'a dignified manner.
7. Insure the security and care of prisoners, sick, injured or unconscious persons
and obtain medical care when needed.
8. Assure the accurate preparation, maintenance and forwarding of reports and
records.
9. Inventory, inspect and maintain'department buildings, property and equipment.
JUNE 4, 1985 305
10. Cooperate with other units of the department, other town agencies, and other
police agencies.
11. Deal fairly and equitably with subordinates.
12. Shall, when in uniform, maintain a professional bearing and render professional
courtesy to superior officers.
13. The Lieutenant may relieve a 'subordinate member from active duty for a
period not to exceed one working day, if such member. violates any of the
following rules and/or regulations: Intoxication on duty, unauthorized use
of firearms, sleeping on duty, disobedience of a lawful order, insubordination
or disrespect toward a superior officer,. violation of any duly constituted law,
disorderly conduct, 'immoral• conduct, willful maltreatment of any person. The
Chief of Police shall review such action of the Lieutenant and may, in* the
exercise of his 'discretioh and judgment, ratify or overrule such action of the
Lieutenant.
14. During the absence or incapacity of the Chief of Police, the Lieutenant shall
have and assume all of the. powers, duties and responsibilities of the Chief
of Police.
ARTICLE W
DUTIES. OF SERGEANTS
General Duties
A Sergeant shall be responsible for the enforcement of all laws and ordinances,
department Rules and Regulations, orders, procedures, discipline, punctuality
.and attendance, appearance, good order and efficiency of members within his '
x assigned jurisdiction.
Specific Duties
A Sergeant shall:
1. Perform such specific duties and functions as assigned by his 'superior officers.
2. Obey all lawful orders.
3. Perform assigned tasks'.
4. Provide leadership'and guidance in'developing loyalty and dedication to the
police profession.
5. Train, direct, supervise and evaluate members in their 'assigned duties. '
Recommend remedial or disciplinary action for inefficient, incompetent or
unsuitable conduct and/or behavior of the members.
6. Communicate orders, information and instructions.
7. Inform his 'relief of all necessary police matters.
8.' At intervals inspect personnel, vehicles and equipment.
9. Report to his superior officer absentees and any deficiencies in men and
equipment.
10. Insure that ,department resources are used effectively.
11. Insure that recovered property is 'handled in' accordance with department
procedures.
12. Account for all monies and valuables received, processed and disbursed in
conformance with department procedures.
13. Inquire into the circumstances of all arrests to assure that all persons are
handled in conformance with department procedures (e.g. Prisoner Activity
Log) .
14. Know and conform to the current bail provisions of the Criminal Procedure
Law, State of New York.
306 JUNE 4, 1985
15. Report promptly matters of police importance to his 'immediate superior.
16. Insure that all appropriate Town, County and State departments are informed
of emergencies which .require their 'attentioh.
17. Visit 'all patrolmen of the force on duty in the territory subject to his *super-
___.__.._vision. He shall inquire as to the conditions of the member's post.
18. Check all reports at least once each tour of duty, and verify that a full and
accurate record of duty pew°formed, field reports and all other necessary
- information has been entered on the appropriate form. The Sergeant.shall
verify same, entering date, time and signature.
19. Inspect departmental vehicles and equipment assigned to patrolmen each tour
20. Direct .activites of subordinate members for the purpose of achieving the
objectives of the police department.
21. Perform those duties of the members of the force that are applicable to him.
22. When in* uniform,- maintain'a professional bearing and render professional
courtesy to ranking officers.
'23. The Sergeant shall inspect all sectors during his 'tour of duty.
ARTICLE V
DUTIES OF CIVILIAN MEMBERS
General Duty
Rule 1..
A. A Civilian Member shall be responsible for proper and efficient
performance of his 'assigned duties.
B. The Chief of Police or his designee shall be in charge of all
Civilian Employees and shall, assign civilian duties and responsibilities.
Specific 'Duties
Rule 2. A Civilian Member shall:
A. Obey all lawful orders of a superior officer.
B. Be bound by Rules and Regulations, Orders and Procedures of the
department insofar as they apply.
C. Report promptly to superior officers any violation of any law or Rules
and Regulations of which he has knowledge.
D. Shall be responsible for the proper care of Town owned or leased
property and equipment and shall report any damages or defects
to the Chief of Police or his designee in'writing.
Rule 3.
Safeguard all police intelligence and information from unauthorized people
and treat all police matters and all documents as confidential.
ARTICLE VI
RULES OF CONDUCT
A. violation of any of the following Rules of Conduct by a member shall be
deemed a. violation of these Rules and Regulations, to wit:'
1. Conduct which brings discredit upon the Department.
2. Failure to perform a duty.
JUNE 4, 1985 307
3. Disobedience.
4. Insubordination or disrespect toward a superior officer at any time.
5. Neglect or dereliction in:the performance of official duties.
6. An act of delinquency seriously affecting a members general character
or fitness for office.
7. Lounging or sleeping on duty.
i
8. Absence from duty without proper authorization.
9. Leaving duty assignment without being properiy relieved or without
proper authorization.
10. Incompetency to perform official duty.
11. Entering any tavern or bar in uniform or any part thereof except when
it 'is necessary for inspection or for the immediate performance of a -
police duty. ',-
12. Drinking alcoholic 'beverages while on or off duty in' uniform.
13. Being intoxicated in'a public 'place, whether on or off duty.
14. Violation of any duly constituted law.
. 15. Disorderly conduct.
3 16. No officer shall possess or use any controlled substances, narcotics, or
hallucinogens except when prescribed in' the treatment of the member by
a physician or dentist. When the aforementioned substances are prescribed
officers shall notify the Chief of Police.
17. Using coarse, profane or insolent language to any person.
18. Any conduct unbecoming of an officer, on or off duty, wherever he may be
19. Failure to treat any person civilly and respectfully.
20. Willful maltreatment of any person.
21. Knowingly make a false report, written or oral.
22. Failure to wear the regulation uniform when on duty or when so ordered.
23. Failure to maintain'a neat and clean appearance of self, uniform and
equipment. , .
24. The use of tobacco while in' uniform in public, except in police facilities
and police vehicles.
25. Standing or walking with hand in pocket while in uniform.
26. Receiving or'attempting to receive a fee, gift, present or other thing of
value from a person under arrest or from someone else on behalf of the
arrested person.
• r
27. Receiving, soliciting or attempting to solicit *a bribe in any form.
28. Publicly criticizing the official actions of a Department member or any
local publicofficial, while on duty.
29. Disseminating or releasing any information contained in a department
record except in conformance with Department orders.
30. Failure to identify self by name rank and shield number when requested.
31. Failure to seize, record, process and dispose of recovered, or prisoner's
property, in conformance with Department orders.
32. Failure to notify a superior officer that a member of the Department is
violating a rule or-order of the Department.
33. Deliberate violation of Civil Service Laws or Regulations pertaining to
police management and control.
308 JUNE 4, 1985
34. Possessing or transporting any intoxicating liquor when on duty, except
in accordance with Department orders.
35. Defacing or neglecting to protect and preserve Department property.
36. Engaging directly or indirectly in'those occupations prohibited by
Department orders or laws of the State of New York.
37. Allowing the publication of any photograph of oneself in' the regulation
uniform which advertises any commodity or commercial enterprise without
permission of the Chief of Police.
38. Communicating or corresponding with other police agencies or individu
concerning police matters except in line of duty.
39. Engaging in any activity, conversation, deliberation or discussion which
is derogatory of Department policy or individuals; while on duty.
40. Failing to keep Department_ vehicle in public view when assigned to
general patrol, except when authorized by a supervisory officer. -
41. Permitting any person not on official business to rise in a Department
vehicle, unless specifically authorized.
42. Operating a department, vehicle out of Town except in' immediate pursuit
of law violators or when on official' police business authorized by the
Chief of Police or his 'designee.
43. Operating a department vehicle without proper authorization or on other
than official` police business.
44. Pulling, pushing or towing any vehicle with a department vehicle, except
as authorized by the Supervising Sergeant. _
45.' Altering department equipment in*any way except as authorized by the
Chief of Police.
46. Carrying any rifle, shotgun, machine gun, gas gun or substituting for
the regulation service revolver and weapon or adding a concealed auxiF
hand gun not authorized by the Chief of Police.
47. Unlawful or unnecessary use or display of a weapon.
48.' Failure .to report the discharge of a weapon:
a. Orally and immediately to a supervisory officer, and
.b. In writing to the Chief of Police without unnecessary delay.
49. Selling, giving, lending or disposing of a dangerous weapon as specified
in Section 265.05 of the Penal Law of the State of New York contrary to
the provisions of Section 265. 10 of the Penal Law and the Rules and
Regulations of the Department. '
50. Giving an opinion as to fine or penalty to a violator or suspect.
51. Giving an opinion as to bail,' except by those specifically authorized to
admit to bail.
52. Failure to take, record and act upon complaints except as prescribed by
department orders.
53. Removing, altering or changing any official Departmentrecord except as
provided for in Department orders.
54. Displaying in any manner ;non-Departmental or Departmental posters" or
pictures in or on any Department property or equipment except in
conformance with Department orders.
55. Obligating the Department financially in any manner except as authorized
by the Chief of Police or Town Board.
56. Recommending to any citizen any bondsman, lawyer, towing, repair 'or
other professional or commercial service.
57. Failure to report any information of a police nature in conformance with
Department orders. -
JUNE 4, 1985 3.09
58. Failure to. obtain.offic al;..permi,ssion,jo:participate in public discussions
of police or department business except as provided in department
orders., while on duty.
59. Interviewing,. questioning or interrogating any person in'a cell except
unruly prisoners.
s
60. Entering any police lock-up except on official police business.
61. Associating.or fraternizing with known criminals, except in the immediate
discharge of official duties, or with the authorization of the Chief of
Police.
62. Soliciting or accepting a gift, present, reward, gratuity or other thing
Of ..ral��e fnr 7nai cer_..rn ro�rlorn-rl �c a fle�ae-tmcnt mamhe eXrlvir{inn
gifts received from relatives or close friends upon appropriate occasions,
except gifts to the Police Benevolent Association.
63. Failure to submit •a written report that he is under investigation by any
other law enforcement agency to the Chief of Police within 24 hours of
becoming aware of such investigation.
64. Affiliation with -any organization or body, the constitution or regulations
of which would in any way exact prior consideration, and prevent him
from performing his departmental duties.
65. No scheduled officer shall be at police headquarters during the tour of
duty except by assignment or permission and authority of a superior
officer.
66. No member shall endorse any application as a character reference in
connection with police matters.
67. ' Use of the police radio contrary to FCC regulations. Profanity and
non-police matters are prohibited.
ARTICLE VII
DUTIES OF DETECTIVES
1. The Chief of Police may assign any qualified member or members to Detective
'duties, provided that he -or they have a minimum of two years of service as
a qualified police officer.
2. The Chief of Police is authorized to assign or detail members of the department
as plainclothesmen for the purpose of executing warrants, undercover assign-
ments, stakeouts, police surveillances and investigations of misdemeanors and
felonies.
3. The detective division shall be composed of such number of officers and of
such rank as may be assigned to it 'by the Chief of Police.
4. In addition to the duties set-forth herein, the detective division shall be
responsible for the investigation of such offenses and the performance of
such other duties as shall be prescribed by the Chief of Police, or officer
in charge.
S. The detectives shall be in command at the scene of an investigation and
uniformed members shall render all possible assistance as directed by the
detective personnel. Upon completion of the investigation, the uniform
personnel will remain at the scene until it has been. cleared and/or secured
or as ordered by the detective division.
6. The detectives shall be responsible for all investigations of all questionable
deaths and shall assist the Medical Examiner in the preliminary examinations
as to the cause of death.
7. The detective division shall compile all police intelligence received and exchange
such intelligence wi' i other law enforcement agencies, when ordered to do so
by the Chief of Police.
8. All rules of conduct pertaining to and relative to police officers shall apply
to detectives and superior officers of the detective division.
310 JUNE 4, 1985
9. Detectives may use intoxicating beverages during the course of a SPECIFIC
investigation, but the use thereof shall not impair their fitness.
10. Detectives shall be careful in their inquiries not to endanger unnecessarily
the reputation of any person who may be the subject of an investigation.
They shall at all times be courteous and considerate in speech and manner.
p
11. Detectives shall request any needed assistance from the uniformed patrol
division through the ranking officer of that division when on duty.
12. Detectives shall have in readiness at all times an approved regulation uniform,
and shall appear in' the same at departmental inspections and, on such other
occasions as may be required by the Chief of Police, unless excused for good
reason.
13. No record or other. document served or maintained by the division shall be
destroyed, altered, or removed except in compliance with the law and depart-
mental procedures. _
14. Detectives shall dress in'civilian dress clothes unless directed otherwise by
their commanding officer.
15. All procedures for the detective division instituted by the Chief of Police will
be deemed a rule and regulation and shall have the same effect, as if 'set-forth
herein'.
16. The commanding officer of the detective division shall prepare monthly a report
of all arrests, felony and misdemeanor investigations and any other investigations
conducted by the.detective division.
17. Detectives shall be "on-call" as scheduled. "On-Call" shall mean available to
report for duty when and if their services are needed/required.
ARTICLE Vill
DUTIES OF MEMBERS OF THE DEPARTMENT
A. General Duties
A member of the Department shall be responsible at all times for the prevention
of crime, enforcement of all laws and ordinances, preservation of the public
peace, protection of life and property, arrest and prosecution of law violators
and professional adherence to Department Rules and Regulations. _
B. Specific 'Duties
A member of the Department shall:
y
1. Know and conform to Department Rules and Regulations.
2. Perform assigned duties in a professional manner.
3. Obey all orders by the superior officers and the Chief of Police.
4. Be in'attendance for those hours specifically assigned and will be
considered on duty at all times for the purpose of rending emergency
police service.
5. When in uniform maintain'a professional bearing •and render professional
courtesy to superior officers.
i,
6. Report immediately any incapacity or inability to perform department
duties to his 'supervising officer.
7. Immediately report any change of marital status, address, telephone
number or other matter affecting the administration of the Police
Department to the Chief of Police.
8. Receive, record and service immediately all complaints and requests for
service.
9. Possess a valid State of New York Operator or Chauffeur's License.
If lost or revoked, immediately report same to the Chief of Police.
10. Remain on his duty post and leave only with the approval of the
supervising officer.
JUNE 4, 1985 311
11. Provide security and. care .for..prisoners and others delivered to his
custody.
12. Search all prisoners.
13. Have matron, or female police officer, conduct a search of all female
n, prisoners.
14. Help secure medical attention for all sick and injured persons.
15. When assigned to a police vehicle:
a. Inspect it for damage and defects.
b. Report damage/defect to supervising officer and make entry
on activity sheet.
16. When operating a police. venicie:
a. Use skill;-good judgment and care for the safety to persons _
and property.
b. Obey all traffic regulations unless on emergency assignment.
c. Exercise prudence.
17. Give a minimum of two weeks notice of intention to resign from the
Department and 30 days notice of his intended retirement.
18. If loss or theft of any concealable weapon occurs, report it immediately
to the Chief of Police.
19. Wear the prescribed uniform in the prescribed manner when assigned
to uniform duty.
20. Report immediately the loss or damage of any departmental equipment
in.writing to the Chief of Police.
21. Register with the Department all personal firearms capable of being
concealed on the person.
22. Notify the appropriate fire department when a fire is 'discovered.
Assist and cooperate with the fire department.
23. Report to the Chief of Police any information of a police nature
including offenses involving himself or others and offenses with
which he has been charged, except minor traffic 'offenses.
24. ' Obey the laws and ordinances which he is obligated to enforce.
25. Be deemed on duty 24 hours per day and subject to-recall in the
event of an emergency.
26. Court Appearances:
a. Members of the Department will appear in' court promptly at
the time directed in their subpoena or notice of trial.
b. Members who are on duty will advise their supervising sergeant
or supervising officer at the beginning of their tour of duty
that they have to make a court appearance. The supervising
sergeant or officer shall so advise the department court liaison
officer, or in his absence, the court clerk, of the fact that
the subpoenaed officer is on duty and request that he be kept
on patrol, if possible, and subject to call when needed. Com-
pliance with this request is at the option of the court.
c. One of the major functions of the court liaison officer is to
coordinate the appearance of police officers so that minimum
duty time is 'spent waiting in court. He shall coordinate as
necessary with both the court and the supervisor of the duty
squad. The supervisor shall take steps to assure the appear-
ance of the needed officer as quickly as possible after being
notified the officer's presence is needed in'court.
d. Officers will' leave the court immediately upon completion of
their'testimony and after determining that their further
presence is no longer necessary. Officers not on duty will
fill out a form PDTS-105 (Report of Overtime) and have it
signed by either the judge or the court clerk. The court
liaison officer will; in addition to his other duties, see that
officers do not remain in the court any longer than is neces-
sary.
e. Officers will wear either the appropriate uniform of the day,
or if off duty, appropriate civilian clothes. Appropriate
3 1 2 JUNE 4, 1985
civilian clothing must be clean and neat, and (for male officers)
shall mean a shirt with tie, and a suit or slacks and sport
coat. Clothing should not be excessively loud in'design or
color. Leisure attire or workclothes are not considered
appropriate ,attire for court. Court liaison officer shall report
non-compliance with this regulation to the Chief of Police in
writing.
ARTICLE IX
GENERAL RULES
All members of the Police Department shall be subject to these Rules and Regulations.
Members of the Department are not merely employees, but are officers of this State
and Town charged with specific duties in maintaining public 'order and administering
justice.
1. It, is 'the duty of the Police-Department and the members of the Depart-
ment all times of the day and night, to protect life and property, prevent
crime, detect and arrest offenders, preserve the public peace and enforce
all laws and ordinances over which the Police Department has jurisdiction.
2. A police officer regularly performing patrol duty shall:
1. Proceed to his designated sector or relieving point without
unnecessary delay, inspect his post immediately, remain'
constantly alert and observant, note any condition therein
requiring police attention and take appropriate action.
a. He is 'charged with the enforcement of all laws and
ordinances; the proper condition and maintenance of
departmental equipment, traffic control equipment of
all types, street lights, public 'highway,. curb and
sidewalk conditions within' the boundaries of the post
or sector of which he is assigned; he shall promptly
report through official channels any condition requir=
ing attention and shall provide safeguards when neces-
sary.
3. A Supervisory Officer when on patrol is charged with the enforcement of
all laws and ordinances, and the enforcement of these Rules and Regulations.
He is charged with the proper• condition and maintenance of departmental
equipment, traffic control equipment of all types, street lights, public high-
way, curb and sidewalk conditions within the command to which he is assigne
and he shall promptly report through official channels any condition requirinc_
attention and shall, provide safeguards when necessary.
4. A member of the Department shall be fit for duty and subject to duty at all
times except when on sick leave. '
5. Members shall not engage in any other occupation within four (4) hours
prior to reporting for duty.
6. A member of the Department' shall treat as confidential the official' business
of the Police Department. He shall not talk for publication, nor be inter-
viewed nor make public speeches, nor shall he impart information relating .
to the official business of the Department to anyone, except under due
process of the law and as directed, or with the permission of the Chief of
Police.
` 7. Members shall be responsible for the security of their sidearms at all
times.
8. HairGrooming (male) :
a. Regulations are applicable to male employees of the Department
and waivers may be granted by the Chief of Police to meet
individual needs of special assignments.
b. Hairwill ' be neat, clean, trimmed and present a well groomed
appearance. Hair will 'not exceed 1-112 inches in'thickness as
measured from the scalp; it will' not extend below the collar,
'but may extend to mid-ear.
c. If a member chooses,to wear, sideburns, they will be neatly .
trimmed. Sideburns will 'measure not more than 3/4 of an
inch in'width and not flare to more than 1-1/2 inches or
extend below the ear.
yr 313
JUNE 4, 1985
d. If a member chooses to wear, a mustache it 'must be neatly
trimmed I and may...,extend ;one-half inch beyond and/or below
the mouth.
e. Beards, goatees and ponytails or similar configurations will
not be allowed. A waiver for medical resons may be granted
by the Chief of Police.
f. Wigs or hairpieces will not be worn while on duty in uniform
except for cosmetic reasons to cover natural bladness or physical
disfigurement. If; under these conditions, a hairpiece or wig
is worn, it will' conform to the standards as set forth herein
for natural hairgrowth.
9. Hair *Grooming (female) :
a. Hair will ' be neat, trimmed, clean and present a well groomed
appearance. Female personnel's hair will not exceed 1-1/2
inches in thickness as measured from the scalp; will not extend
below the, collar, but may extend to mid-ear.
b. Hair longer than above is 'permissible, but when in •uniform a
member must wear it in'a style that conforms to the above.
Hair must be pulled back away from the face and 'Secured so
that it 'does not interfere with the proper wearing of issued
headgear. In no event shall ponytails or other styles or
lengths of hair be exposed which may be readily grabbed by
an aggressor.
C. Items used to hold hair up must blend with hair. Decorative
articles may not be worn in hair:
d. 'Wigs or hairpieces will 'not be worn while on duty in uniform,
except for cosmetic reasons to cover natural baldness or physical
disfigurement.
e. Make-up, if worn, is 'to be worn in'moderation.
f. The Chief of Police will 'have the authority to waive these
standards to meet the individual needs for special assignment.
10. Sick Time:
a. Employees of the Department who are ill 'or injured and unable
to appear for duty should notify headquarters as soon as possible
upon making"such a..determination in'order. that a replacement may _
be obtained if necessary. In no event shall an employee make
such notification less than two hours prior to the time at which
he is 'required to report for duty. In the case of civilian clerical
employees, such notification shall be made no, less than one hour
prior to the time at which he is 'required to report for duty. .
b. The Chief of Police shall have the authority to require addition1.al
information and certification relative to sick-time requests in. such
form as he deems necessary.
c. A member of the Department who is sick is 'assumed to be either
at home or in the hospital or a doctor's office receiving treatment.
Since the municipality pays the member for such sick-time, it has
the right to determine if such sick-time is 'justified. Accordingly,
the Department reserves the right to call or have its representative
visit the residence of the member when such member is 'on sick
call. Any member who reports sick for a tour of duty and due
to circumstances beyond his control is 'not at his residence, shall
so advise the radio operator, or other appropriate person, when
reporting and advise of the location and phone number at which
he can be reached. If it is necessary to leave the residence to
go to a physician's office for treatment, headquarters should be
advised in advance giving pertinent details'.
d. Any member who is absent from duty for illness or injury, regard-
less of the duration, shall complete a form PDTS-109 (Affirmation
relative to illness or injury) and submit 'such form upon his return
to duty.
e. Notwithstanding any of the foregoing provisions, the Chief of
Police shall have the right. to require that the employee present
himself to a physician acting at the request of.the Chief of Police
for the purpose of an examination. Such examination shall be a
charge against the Town of Southold.
The failure of a member to comply with the above provisions could
lead to a forfeiture of pay for such sick days.
3 1 4 JUNE 4, 1985
ARTICLE X
DEFINITIONS
Unless otherwise expressly stated, the following terms shall, for the purpose of
these Rules and Regulations, have the meaning herein' indicated:
Town Board - The term "Town Board" means the Town Board of the Town of
Southold. >
Department - The term "Police Department" or "Department" means the Police
Department of the Town of Southold, as established by the `l"own
Board by Local Law No. 2 - 1964, enacted on September 29, '1964.
Member - Any employee of the department, including civilian employees of
the Department.
Word Usage - Words used in' the present tense include the future; the singular
number includes the plural, and the plural the singular; the
masculine gender includes the feminine gender, and the feminine
the masculine; the word "person" includes a corporation, partner-
ship'or any other entity; the word "shall" is mandatory.
Superior Officer - A person holding a higher supervisory or command position.
Supervisory Officer - Any member other than the Chief of Police who is authorized
to direct the activity of others.
Officer - A member of the police department possessing police powers.
Professional - Shall mean conduct in' accordance with the tenets of the Law
Enforcement Code of Ethic which is incorporated herein and
made a part of these rules.
Regulation ,Equipment Equipment which meets specifications established by a
department order.
On Duty - Hours specifically assigned to a member or any time involved serving
during a police emergency even though a member was not specifically
assigned.
Off Duty - All hours other than when on duty.
Laws and Ordinances - Those laws, both State and Local, and ordinances, the
enforcement of which is the responsibility of the police
department.
ARTICLE XI '
DISCIPLINARY ACTION
For a violation of the foregoing rules and regulations, or disobedience, or of
incompetency to perform official' duty, or of any act of delinquency seriously affect-
ing his 'general character- or fitness for office, a member of the police department
may be punished by reprimand; by forfeiture and withholding of salary or compen�
tion, by extra tours or hours of duty, by suspension from duty, or by dismissal
from the department, in'accordance with the provisions of Local Law No. 2 of the
year 1964, a local law relating to the establishment of a police department for the
Town of Southold, enacted' on September 29, 1964.
ARTICLE X11
INVALIDITY
If any provisions of these rules and regulations shall be held to be invalid,
such invalidity shall not affect-the validity of the remaining provisions of these
rules and regulations.
JUNE 4, 1985 315
.ARTICLE Xlli
P.B.A. AGREEMENTS
in the event that the provisions of these Rules and Regulations shall conflict
with the provisions of any present or future written agreements between the Town
and the Southold Town Police Benevolent Association, Inc. or a successor entity
(P.B.A. Agreements) , or it the provisions of such P.B.A. Agr'eemenis coiiiaiij'
provisions not provided for in these Rules and Regulations, then the provisions
of such P.B.A. Agreements to the extent of such conflicting or additional provisions
(unless such agreements. clearly express a contrary intent) shall be deemed incorp-
orated into these 'Regulations with the same force and effect as if'set forth herein
`4
at length.
ARTICLE XIV
EFFECTIVE DATE
These Rules and Regulations shall become effective on the first day of the
month subsequent to their adoption by the Town Board of.the Town of Southold,
and upon effective date of these Rules and Regulations, all prior Rules and Regu-
lations relating to the government, discipline and. administration of the Police
Department of the Town of Southold shall be deemed repealed and of no force
and effect.
COUNCILMAN TOWNSEND : Suffice it to say that it has been researched thoroughly.
Chief Winters went to great trouble to comple a concise set of rules that are appropriate
to our Town and he reviewed many other towns and presented this to the Police
Committee. The Police Committee met and further refined this thing, gave it to the
Attorney and he further refined it and brought it back here to the Town Board. The
Town Board looked at it for two weeks running and PBA. had a chance to review it
and make their recommendations, some of which were accepted and of which weren't,
and that's why we have it 'on the agenda.
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHONDEBARE: Likewise l'd like to commend Chief Dan Winters for '
doing a v.ery good job in' drawing them up.
SUPERVISOR MURPHY: I'd just like to comment that now that Bob (Hulse) is leaving,
see, Bob, we have to get rules and regulations, you and Jimmy are leaving. Any other
questions on it? .(No response.)
4.-Vote of the Town Board: Abstain: > .Councilwoman .Cochran. Ayes: Councilman
Schondebare,. .Councilman Stoutenburgh, Justice Edwards, Councilman Townsend,
'Supervisor Murphy.
This resolution was declared duly ADOPTED
SUPERVISOR MURPHY: . Number 5 'is to allocate funds to the Mattituck-Cutchogue
Little League.
5..-Moved by Justice Edwards, seconded by. Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates $1-,400. 00
from A7320.4 Joint Youth Account for the purchase of equipment for the Mattituck-
Cutchogue Little League's .1985' Season.
S.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 6 is to request the. County Executive and Suffolk
County to do a feasibility study on the Enhanced 911 Emergency Service.
316 JUNE 4, 1985
6. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare,
WHEREAS, the County of Suffolk is currently reviewing a feasibility study for
Enhanced 911 Emergency Calling Service, and
WHEREAS, the New York State Public Service Commission has ruled that such
feasibility studies must .be conducted on a countywide basis; and
WHEREAS, the Town of Southold, with its great influx of summer tourists and
second home owners would greatly benefit 'from Enhanced 911 service through
reduced response time to emergency, calls, now, therefore, be it
RESOLVED that the Town Board of. the Town of Southold hereby requests Suffolk
County Executive Peter f. Cohalan `to extend the feasibility study to include the
Town of Southold, and other eastern towns, and that the results of such study be
shared with the Town of Southold .at :the earliest possible date, and be it further
RESOLVED: 'that the Town Clerk is 'directed to forward a copy of this resolution to
the Honorable Suffolk County Executive Peter F. Cohalan and the Supervisor of
ine rive Iasi End Towns.
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: At this time I'd, like to take a recess so we could have a
public hearing that's .scheduled for 8:00 o'clock tonight.
Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of
holding a public hearing on the petition of Elizabeth J. Homan for a Change of
Zone.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards,. Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened at 8:20 P.M.
e
SUPERVISOR MURPHY: . Number 77a.is 'to accept the resignation of a member of the
Conservation Advisory. Council.
7. Moved by Justice Edwards, seconded by the Entire Town Board, it. was
(a)RESOLVED that.the Town Board of the Town of Southold accepts, with regret, the
resignation of Frank Cichanowici *111' as Chairman and Member of the Southold Town
Conservation, Advisory. Council, and be it-further
RESOLVED that the following resolution be forwarded to Mr.- Cichanowici expressing
the Board's deep appreciation of his dedication as a member of the Southold Town
Conservation Advisory Council for the past thirteen years:
WHEREAS, FRANK A. CICHANOWICZ 111, a most esteemed member of the Southold
Town Conservation Advisory Council, has resigned effective June 1, 1985, and
WHEREAS, FRANK. A. CICHANOWICZ III has given generously of his time .and talents
in his faithful service to the Town of Southold as a member of the Conservation
Advisory. Council from May 6, 1972, and Chairman since January 22, 1980, and
WHEREAS, his record of fine service, diligence to duty and dedicastion to the Town
of Southold, and its people deserves the sincere gratitude of those with whom and
for whom he worked, and
WHEREAS, the Town of Southold will be deprived of his wise counsel and judgment;
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby expresses their most
sincere appreciation to FRANK A.. CICHANOWICZ III for his unselfish and wholehearted
cooperation and untiring efforts on behalf of the Town, and extend their best wishes
for the years ahead, and be it further
RESOLVED that a copy of this resolution be presented to MR. CICHANOWICZ and
entered in' the permanent record .of this Town Board meeting-
7.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
(a)Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 7(b) is. another resignation of a member of the
Southold Town Conservation Advisory Council.
7. Moved by Councilman Townsend, seconded by the Entire Town Board,
(b)WHEREAS, RACHEL C. DUELL, a most esteemed member of the Southold Town
Conservation Advisory Council, has resigned effective June 1, 1985, and
WHEREAS, RAC EL C. DUEL as given generously of her time an .talents. in
Her faithful service to the Town of Southold as a member of the. Conservation
Advisory. Council since June 1, '1981, and
WHEREAS, her record of fine service, diligence to duty and dedication to the Town
of Sout'ho;ld and its people deserves the sincere gratitude of those with whom and
for whom ,She worked, and
WHEREAS, the Town of Southold will be deprived of her wise counsel and judgment,
now, therefore, be it
JUNE 4, 1985 317
RESOLVED that the Town Board of the;;:;T,6wn.::of Southold hereby expresses their
most sincere appreciastion to RACHEL C. DUELL for her unselfish and wholehearted
cooperation and untiring efforts on behalf of the Town, and extend their best wishes
for the years ahead, and be it 'further
RESOLVED that a copy of this resolution be presented to MRS. DUELL and entered
in the permanent record of this Town Board meeting.
7.-Vote of the. Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
(b)Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY:. . Number 8,is 'to set a public hearing.
8. Moved by Councilwoman Cochran, seconded by Councilman Schondebare,
WHEREAS, there has been presented to the Town Board of the Town of Southold a
proposed Local Law entitled, ;iA Local Law to amend the Southold Town. Cude iri
relation to parking of vehicles;" now, therefore, be it
RESOLVED that the Town Board' hereby sets 3:35 P.M.,. Tuesday, June 18, 1985,
Southold -Town .Hall, Main_-Road, Sou;thold,. New York,. as time and place for a public
hearing on the aforesaid Local Law which reads as follows, to wit
:-
A Local Law to amend the Southold Town
Code in' relation to parking of. vehicles
BE IT ENACTED by the Town Board of the Town of Southold as follows:
(additions indicated by underline; deletions by [brackets]) .
Chapter 92 (Vehicle and Traffic) of the Code of the Town of Southold is amended
to read as follows:
I ..,. Section 92-42 thereof (Parking during certain hours) is hereby amended as
follows:
Between
Name of Street Side the Hours of Location
Duck Pond Road [both] West 10:00 P.M. and In Cutchogue from the guardrail
7:00 A.M. at the northerly terminus southeri
for a distance of 400 feet.
Duck Pond Road East 10:OO.P.M. and In Cutchogue from the guardrail
10:00 A.M. at .t the northerly terminus souther'.
for a distance of 400 feet
J
11 . Section 92-43 thereof (Parking for limited time only) is hereby amended as follows:
Between Time
Name of Street Side the Hours of Limit ' Location
Duck Pond Road [both] West 7: 00 A.M. and 2 hrs. In Cutchogue from the guarc
10:00. P.M. rail at the northerly terminu
southerly for a distance
of 400 feet.
Duck Pond Road East 10: 00 A.M.and 2 hrs. In Cutchogue from the guar(
10:00 P.M. rail at the northerly terminu
southerly for a distance
of 400 feet.
111. This Local Law shall take effect upon its filing with the Secretary of State.
SUPERVISOR MURPHY: Any questions? .(No response.)
I.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly .ADOPTED'.
SUPERVISOR MURPHY: Number 9 is to grant permission to the Mattituck Chamber
of Commerce.
9. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was
RESOLVED. that the Town Board of the Town of Southold hereby grants permission
to the Matti-tuck. Chamber of Commerce to close Love Lane and the Love Lane/Pike
Street intersection, Mattituck, as well as the corner area of the Town parking field
located behind the..North Fork Bank S Trust. Co. (approximately 11 parking spaces
at -the corner driving area), from 7:00 A.M. to .4:30 P.M., Saturday, July 13, 1985,
for the purpose of holding their Annual Street Fair,.. provided they secure and .maintain,
the necessary insurance to hold the Town of Southold harmless.
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.
318 JUNE 4, 1985
SUPERVISOR MURPHY: . Number •10 we're going to hold' until the next meeting.
(Allocation of. funds for the purchase of equipment for the Southold Soccer Club's
:1985 season.) . Number .11 is a transfer of-funds.
11. Moved by Councilman Stoutenbu'rgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes. and
directs the-.Town Clerk to give public notice that the Town Board will be consider-
ing the following proposed amendments to the Community Development Year IX Program
at their July 2, 1985 Regular Meeting to be held at 7:30 P.M. at the Southold Town
Hall, Main Road, Southold,. New York, and all interested. citizens should attend this
meeting to comment on the proposed changes, which are as follows, to wit:
Current New
Project Budget increase Decrease Bud
Head Start Facility $zu,uuu. uu -0- $cu,600. 00 -G
North Fork Animal
League Building $ 8,000. 00 $ - '685'. 00 -0- $ 8,685.00
Handicap Ramp,
American Legion $ 8,000. 00 $ 7, 315.00 -0- $15,315. 00
Lower Road Sump $16,675. 00 $1-2,00.0. 00 -0- $28,675.00
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 appoint Beach Parking Attendants.
12.' Moved by Councilman Townsend, seconded by Supervisor Murphy, it 'was
RESOLVED that .the Town Board of the-.Town. of-South*old hereby appoints the following
individuals as Beach Parking Attendants for the 1985 ummer Season:
Russell Wells $3.75 per hour
Kim Martin' $3.75 per hour
Richard Pierson, Jr. '.$3.190 per hour
12.=Vote of the Town Board Ayes: . Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburg,h,: Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number .13 is -a .transfer of funds in' the General Fund Whole
Town Account-.
13. Moved by :Justice Edwards, seconded by Councilwoman Cochran, it was
- RESOLVED.that the Town Board of the Town of Southold hereby authorizes the
following transfers. within the General Fund Whole Town Account:
From: A 1490..1 Public Works, Personal Services $18,000. 00
Into: A7150..1 Special Recreational Facilities
Personal Services $io,000.00
A7150.2 Special Recreational Facilities
Equipment $ 2,500.00
A71:50..4 Special Recreational Facilities
Contractual Expenses $ 5,500.00
Total $1.8,000. 00
From: A7320..4 Joint Youth Program
Contractual Expenses $13,500..00
Into: A7151.4 Special Recreational Facilities
Joint Youth Programs
Contractual Expenses $13,500. 00
These transfers are to provided budgetary needs for the creation of the Recreation
Program and for the Year 1985 - to align funds budgeted for the ball and soccer
leagues, etc.
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, advertise for bids for milk for the Southold Town
Nutrition Center.
•14. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
the Town Clerk to advertise for bids for the purchase of 112 pints of Homogenized
Pasteurized whole milk, to be delivered daily to the Southold Town Nutrition Center,
Greenport, New York. (160 112 pints a day, more or less as may be needed; 250
days a year.)
JUNE 4, 1985 319
SUPERVISOR MURPHY: Any questions?
COUNCILMAN SCHON_DEBARE: For the public's .information, we've got to send it
out for bids.
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 allow two of the Assessors to attend a
seminar at Cornell.
15. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED. that the Town Board of the Town of Southold hereby authorizes Assessors_
Frederick E. Gordon and Scott L. Harris 'to attend the Seminar in Appraisin for
Assessors, to be conducted at Cornell University,. Ithaca, New York, August 4 through
9, 1985, and the cost for tuition in the amount of $195.-00 per person, and necessary
expenses for textbook, .travel.,-.meals.and lodging shall be a legal charge against the
Town. of.Southold, the Town to be reimbursed by the State of. New York.
15.:,-Vote of the Town Board: Ayes: ..Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh,. Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly. ADOPTED.
SUPERVISOR MURPHY: : Number .16 is to authorize. the transfer of some property.
.16. Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was
RESOLVED that _the Town Board of the Town of Southold hereby authorizes the sale
of Lot .34,' Greenport Driving Park, Map. No. 369, District 1000, Section 048.00, Block
03. 00,. Lot 016. 000, Parcel B, acquired from the County of Suffolk by Deed dated
October 31, 1984, to the Greenport Housing Alliance, at the sale price of $6,500. 00,
with payment deferred until the Greenport Housing Alliance rehabilitates and sells
said property; all matters concerning the conveyance of said property is subject to
the approval of. Toan Attorney Tasker; and be it further
RESOLVED that the Town Board hereby authorizes and directs Supervisor Francis
J. Murphy to execute all documents for the conveyance of said property to the
Greenport Housing .Alliance, and be it. further
RESOLVED that this resolution is 'subject to a permissive referendum, and the Town
Clerk be and she hereby is authorized and directed to publish notice of adoption of
this resolution in accordance with the applicable provisions of law.
COUNCILMAN TOWNSEND: This property was purchased for back taxes from the
County of Suffolk for $1,200.'00.' We have to sell this property at the appraised
value which is $6,500.00. . Now, that doesn't mean that we're going to be making
$5,300.'.00 off the Community Development Program for the Town coffers, this is
to be put back into the Community Development Program and used to buy more
parcels which we can create low and moderate income houses on existing lots and
with existing buildings that have deteriorated. There was a discussion this morning
about creating a Housing Authority to eliminate the problem of selling it:'at fair market
value and I think you'll .be seeing that coming up in the near future. .
COUNCILMAN SCHONDEBARE: Discussion on the matter will ' be coming up in the
near future.
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: The next one is 'to authorize' an agreement With the Town
for a creek survey for the Town Trustees.
17. Moved by Councilwoman Cochran, 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
of Southold and Deborah A. Shalvey, who along with one assistant shall conduct an
inventory and survey of the creeks in'the Peconic and Southold areas, to determine
the number, location and status of docks, mooring stakes and other structures located
therein' and to identify the same on. Town maps in order to assist the Board of Town
Trustees_in'' the. performance, of its duties; to commence on June 24, 1985 .and complete
all work on or before July 26, 1985, at a contract sum of $1,300.'00. for Deborah A.
Shalvey, and $700.00 'for her assistant.
SUPERVISOR MURPHY: Any questions?
COUNCi' MAN STOUTENBURGH : . The reason they ire doing this is 'to try to get some
organization in our creeks and also every bouy, every stake and bulkhead and dock
s„-)uld have a permit number on it. We have found that through the years many
320 JUNE 4, 1985
things have been done in our creeks that there was no permit for and this is the way
we've been able to pick up the people who have missed out on many of these things
and so it's really organizing ourselves a little bit 'to know where we are. It's .not
fair for one person to come in and have to go through the rigmarole of a permit and
the person down the road not have to go through this.' We do grandfather docks
that have been in a certain'period of time--[ . forget the date right now--but old ones
we just ask them to get the permit without paying the fee. So it's, I think, a very
worthy cause.
SUPERVISOR MURPHY: Thank you. Any other. comments? (No response.)
17.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh,. Justice Edwards, Councilman Townsend, Supervisor Murpi,
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18 we're going to hold. (Suffolk County Planning
Department's new rules and regulations for the maintenance dredging of creeks.)
Number 19 is to appoint a new Cook for the. Nutrition Program.
19. Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Mary Ann
Ludlow as a Cook for the Southold Town. Nutrition Program, effective June 3, 1985,
at a salary of $9,;000..;00 to be paid byte Suffolk. County. Office for the Aging, and
benefits. consisting of Medical Insurance,. Benefit 'Fund, Social Security and Retirement
to be paid' by the Town of Southold.
COUNCILMAN TOWNSEND: She was chosen from a series..of I guess six applicants.
She's .taking the place of Jerry King who served faithfully for many .years and did'a
very good job for the. Nutrition. Center.;
ti
SUPERVISOR MURPHY: Any other questions? .(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 to authorize the purchase of chowder clams
for our seed program.
20.. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of. the Town of Southold hereby authorizes the purchase
of three (3) bushels of chowder clams from the George Braun Oyster Co. , Inc., at a
cost of $14.00 per bushel, for the "Hard Clam Management Program, said cost to be
paid from Community Development Year XI funds.
COUNCILMAN STOUTENBURGH : I might add the concept is-'rather unique. Usually
we have bought, and we still will :buy, a quantity of these chowder clams and we
used to put them right in' the creek and let them go to the bottom, dig'in and spawn.
What we're trying this 'year is to see if 'we can put some of our, clam racks with these
chowder clams in, that's A floating rack, with the, clams in; and the eggs will then
flow out, we hope; in oun creeks and do their 'own spawning and doing their thing.
SUPERVISOR MURPHY: Any other questions? .(No response.) Thank you, Paul, for
the good description.
20.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh,. Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 21. is 'to authorize the purchase of equipment for the
Greenport - ;`r _ Softball League.
21. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates $600.00 fr
A7320. 4 Joint Youth Account, for the purchase of equipment for the Greenport
Softball League's '1985 season, and be it further
RESOLVED that the Town Board hereby allocates $500. 00 toward the payment of the
electric lighting bill for the Polo Grounds, Greenport, on behalf of the Greenport
Softball League's 1985 season.
SUPERVISOR MURPHY: Any questions? .(No response.)
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.
JUNE 45, 1985 321
SUPERVISOR MURPHY: Number 22 is 'to -authorize the purchase of some new films.
22. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
purchase of two films for the Southold Juvenile Aid Bureau's Child Abuse Program,
from Syndistar, Inc., at a cost. of. $2-98. 00; said cost to be paid from Community
Development Year XI funds.
22.-Vote of the Town Board: Ayes: - Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, 'Justice Edwards,• Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number '23 is to set up a bank account for our new grant
program on Waterfront Revitalization.
23. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to open a "Waterfront Revitalization Program .
Account with the.-North Fork Bank 8. *Trust Company, Southold Branch, 'and deposit
therein -a grant check in the amount of $15,000.00.
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 accept a bid' for the Fishers Island Waste-
water Treatment Facilities.
24. Moved by Justice Edwards, seconded by. Councilwoman. Cochran, it was
RESOLVED that the Town Board of the Town of Southold, acting for and on behalf
of the Fishers. Island Sewer District, does hereby accept the bid of AMMA Construction
Corp.,. Northport; New York,. in the amount of .$458,888. 00, for the construction of the
Fishers Island Wastewater.'Treatment. Facilities C.-36-114, all in'accordance with the
Specifications for Bid, and be it�further
RESOLVED that the Town Board hereby authorizes Supervisor Francis 'J. Murphy to
execute all contract documents for. the construction of such facility. .
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 get Town Board approval on contracts over
$2, 000.'00.
25. Moved by. Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED by .the Town Board of the Town of Southold that no contracts for personal
services or equipment, in an amount exceeding $2,000. 00, shall be entered into from
or on behalf of any Southold_ Town Grant Programs, without a prior resolution of the
Town Board of the Town of Southold approving same, and be it further
RESOLVED. that the foregoing resolution hereby supersedes Resolution No. 22 adopted
at a Regular Meeting of the Southold Town Board on May 21, 1985.
25.-Vote of the Town Board: Ayes: - Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This.'resolution was declared duly. ADOPTED.
SUPERVISOR MURPHY: Number 26 we're going to hold. (Request of.The Seniors
Club of Southold-Peconic; Inc. to engage one bus to transport their group to Port
Jefferson to see the Pirates of Penzane at the Theatre Three and to have dinner at
Lutzen's Steak and Oyster Haus.) Number 27, is to set a public hearing.
27. THIS RESOLUTION WAS RESCINDED = SEE RESOLUTIIONS 4 E 5 - JUNE 10, 1985.
Moved by Councilman Townsend, seconded by Councilman Schondebare, _
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law to provide for the regulation of Horses,"
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 3:40 P.M.,
Tuesday, June 18,E 1985" Southold Towns Hall, Main Road, Southold, New York, as
time and place for a public hearing on the aforesaid' Local Law which reads as fo-Tows,.
to wit:
A Local Law, to provide for the regulation of Horses
BE IT ENACTED by the Town Board of the Town of Southold-as follows.
Chapter. 100 of the Code of the Town of Southold (Zoning) is hereby amended
as follows:' (additions indicated by underline; deletions by [brackets]) .
l: Section 100-30A thereof is amended by adding a new subsection thereto, to
be Section 100-30B (4) , to read as follows:
(4) The. Ikeepi.ng .of horses .for the personal recr.eationa.l use. of the owner
of such horse or horses,. subject to,the following requirements:
322 JUNE 4, 1985
(a) The land area devoted exclusive) to such use shall -be not less
than one (IT acre.
(b) A. min.im.um. of. twenty.. thousand (20,00.0). s quare. feet of land area
shall be provided for each horse.
II. Section_ 100-30C (5) thereof is hereby repealed and a new subsection (51 is
added in place thereof, to read as follows:
(5) The keepinq of horses for the personal. .recreational use .of the lot
owner and family on lots used and occupied or private residential
uses, subject to the following requirements.
(a) The minimum area of such lot shall -be not less than one (1)
(b) The land area. devoted exclusively to such u_se shall_ be not t Less'
than twenty thousand ( ,00.0)' square feet for each o 2O rse.
(c) Such use shall be confined to the rear yard area of the lot.
III . This Local Law shall take effect upon its filing with the Secretary of
State.
COUNCILMAN TOWNSEND: This law is for the keeping of horses for private use
as a primary use of a piece of property and keeping of horses as an accessory use
on your own premises. Basically what they're doing is allowing the keeping of horses
as a primary use for non-commercial purposes on lots of one acre or more. This is
something new. We didn't have this before and the second part of this is.'setting
minimum standards for the keeping of horses as an accessory use for private residences
wherein we had no such a description of proper;t y,, befo e. In the past we just had
N some setbacks. Now we're requiring that the minimum rot size be an acre.
27.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY.: .. Number: 28' is the resolution that we had read earlier for
Patrolman Hulse and at this time we'll .officially enter it.
28. Moved by Supervisor Murphy, seconded by the Entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby acknowledges the
retirement of Police Officer Robert M. Hulse, effective June 1, 1985., and, be it further
RESOLVED that the following resolution be forwarded to Police Officer Hulse expressing
the Board's deep appreciation for his dedication as a member of the Southold Town
Police Department for the past twenty-eight years:
WHEREAS, ROBERT M. HULSE, a most esteemed member.of the Southold Town Police
Department, has retired from service .effective June 1, 1985, and
WHEREAS, ROBERT M. HULSE has given generously of his time and talents in his
faithful service to the Town of Southold as a Southold Town Police Officer from
August 29, 1957 through June 1,. '1985, and
WHEREAS, his record of fine service, diligence to duty and dedication to the Town
of Southold and its people deserves the sincere gratitude of those with whom and for
whom he worked, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby expresses their most
sincere appreciation to ROBERT M. HULSE for his 'unselfish and wholehearted coopera-
tion and untiring efforts on behalf of the Town, and extend to him their best wishes
for the years ahead, and be it further
RESOLVED that a copy of this 'resolution be presented to MR. HULSE and entered in
the permanent record of this Town Board meeting.
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 authorize' the Town Clerk to advertise for
bids for snow fence and stakes.
29. Moved by Councilman Schondebare, seconded .by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of the following for
the Southold Town Highway Department:
1. 10,00.0 lineal feet of Snow Fence, in 100 lineal foot rolls, as.,per specifications.
2. 500 6 foot studded steel T .Posts, not less than 8.65 pounds each, as per
specifications.
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 grant a temporary leave of absence to a Town
employee.
JUNE 4 1985 323
30. Moved by Councilwoman Cochran, seconded by Councilman Townsend, it was
RESOLVED that the Town Baord of the Town of Southold hereby grants Jane Rousseau,
Clerk-Typist in -the Office of the Supervisor, a two months temporary leave of absence,
(due to personal family health problems) , without pay, effective July 1, 1985 and
terminating on August 31, 1985.
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 3i is' to rescind a prior resolution.
31. Moved by Justice Edwards, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds their
12Psnli,mtion Nn_ 4. adnntPci an April: '9_ ']9R5, which reads as follows:
"RESOLVED that the Town Board of the Town of Southold hereby
authorizes -the sale of Lot 38,. Greenport Driving Park, Map No. 369,
District 1000, Section 048.00, Block. 03..00,...Lot.,010.00, acquired from
the County of Suffolk by Deed dated October 30, '1984, to the Greenport
Housing Alliance, at the sale price of $6,300.00, with payment deferred
until the Greenport Housing Alliance .rehabilitates and sells said' property;
all matters, concerning. the conveyance of said property is subject to the
approval of. Town Attorney Tasker."
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 now to authorize' the sale of this property.
32. Moved by Councilman Townsend, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board .of the Town of Southold hereby authorizes the sale
of Lot 38, Greenport Driving Park, Map. No. 369, District 1000, Section 948.00, Block
03.00, Lot 010'.00,:.acquired from the County of.Suffolk by Deed dated October 30, 1984,
to the Greenport Housing Alliance, at the sale price of $6,300.00, with payment deferred
until the Greenport Housing Alliance rehabilitates and sells said property; all matters
concerning the conveyance of said:property is subject to the approval of Town Attorney
.Tasker; and be it further
RESOLVED that the Town Board hereby authorizes and directs Supervisor Francis J.
Murphy to execute all documents for the conveyance of said property to the Greenport
Housing Alliance, and be it further
RESOLVED that this •resolution is subject to a permissive referendum, and the Town
Clerk be and she hereby is 'authorized and directed to publish notice of adoption of
this resolution in'accordance with the applicable provisions of law.
SUPERVISOR MURPHY: Any questions? (No response.)
32..-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, -Justice Edwards, Councilman- Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 33 is 'to advertise for bids for the slurry seal and
restriping of the runways at Elizabeth Airport on Fishers Island.
33. Moved by -Just.ice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the rehabilitation of existing runways
at Elizabeth .Field, Fishers Island, Town of Southold, County of Suffolk, New York,
by the removal and replacement of selected areas of existing asphalt concrete runway
pavement, filling localized depressions by truing and leveling with asphalt concrete,
applying an asphalt emulsion slurry seal treatment on both existing runways and
subsequent repainting of the runway markings, all ina ccordance with the Federal
Assistance Grant, Airport Improvement Program, New York State Department of
Transportation, Federal Aviation Administration.
33.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 34 1 think we should read just for the public'
benefit.'
34. Moved by Supervisor Murphy, seconded by the Entire Town Board, it was
RESOLVED that the Town Board,of the Town of Southold hereby acknowledges the
retirement of Police Officer James J. Fitzpatrick, effective June 1, 1985, and be it
further
RESOLVED that the following resolution be forwarded to Police Officer Fitzpatrick
expressing the Board's deep appreciation for his dedication as a member of the
Southold Town Police Department for the past thirty-one years:
WHEREAS, JAMES J. FITZPATRICK, a most esteemed member of the Southold Town
Police Department, has retired from service effective June 1, '1985, and
324 JUNE 4, 1985
WHEREAS, JAMES J. FITZPATRICK has given generously of his Aime and talents in'
the sfaithful service to the Town of Southold as a Southold Town Police Officer from
September 1, 1954 through June .1, 1985, and
WHEREAS, his record of fine service, diligence to duty and dedication to the Town
of Southold and its people deserves the sincere gratitude of those with whom and for
whom he worked, now, therefore, be it
RESOLVED- that the Town Board of the Town of Southold hereby expresses their most
sincere appreciation to JAMES J. FITZPATRICK for his unselfish and wholehearted
cooperation and untiring efforts on behalf of the Town, and extend to him thei r 'best
wishes for the years ahead, and be it further
RESOLVED that a copy of this -resolution be presented to MR. FITZPATRICK and
entered in'the permanent record of this Town Board meeting.
34.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murph
This resoiution was declared duiy ADOPTED.
SUPERVISOR MURPHY: . Number 35(a) is 'declaring lead agency in the purchase of
a Waste Wood Tub Grinder for the Landfill.
35. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
(a) RESOLVED that the Town Board of the Town. of. Southold hereby declares itself lead
agency in' regard to the State Environmental Quality Review Act in the matter of the
proposed -purchase of one (1) Waste Wood Tub Grinder for the Landfill. .
35.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
(a) Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 35(b) is the bonding resolution for this..
35.- Moved by Councilman Townsend, seconded by. Councilman Stoutenburgh,
(b)
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JUNE 4, 1985, AUTHORIZING
- - - - - - - - - - - - - - - - - - - - - - - - -
ACQUISITION OF WOOD WASTE TUB GRINDER, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS
$125, 000, APPROPRIATING SAID AMOUNT THEREFOR,
INCLUDING THE APPROPRIATION OF $43, 000 CURRENT
FUNDS, AND AUTHORIZING THE ISSUANCE OF $82, 000
SERIAL BONDS OF SAID TOWN TO FINANCE THE
BALANCE OF SAID APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not
less than two-thirds of all the members of said Town_ Board) AS
FOLLOWS:
Section 1. The Town of Southold, in .the County of
Suffolk, New York (herein called "Town" ) , is hereby authorized to
acquire by purchase a wood waste tub grinder. The estimated
maximum cost of said specific object or purpose, including
preliminary costs and costs incidental thereto and the financing
thereof, is $125, 000 and said amount is hereby appropriated
therefor, including the appropriation of $43,000 current funds.
The plan of financing includes the expenditure of said current
funds and the issuance of $82, 000 serial bonds of the Town to
JUNE 4, 1985 325
finance the balance of said ,appropriation, 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 $82, 000, are hereby authorized to be issued pursuant to
the provisions of the Local Finance Law, constituting Chapter 33-
r J_L_ r+_ T L_a T t mil. C+ .+�. F yT..... V... 1. /ll"
a OIL. tha moons OILiC at-au Laws O.L. -AA -♦ � - Vi \� II 1�J J1' �a J 'v 1JJ
. called "Law" ) , to finance the balance of said appropriation not
provided by said current funds.
Section 3. The following additional matters are hereby
determined and declared:
(a) The period of probable usefulness of said specific
object or purpose for which said $82, 000 serial bonds authorized
pursuant to this resolution are to be issued, within the
s 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 prior to the issuance of the bonds authorized by this
resolution or any. bond anticipation notes issued in anticipation
thereof;- however, current funds in the amount of $43, 000 will be
provided from moneys now available therefor in the current budget
Community Development
of the Town under the heading" Year X " The Supervisor is
Cutchogue Landfill
hereby authorized and directed to set aside said current funds
and to apply same solely to said specific object or purpose
herein described.
(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
provision shall be made annually in the budget of the Town by
326 JUNE 4, 1985
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 5. 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
anti ci nati.nn nntPR :a.n ri of gPrti nn 5n_ no and c9 SPC_'t1 nng. ��+_00 tf1.
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.
SUPERVISOR MURPHY: This 'is 'the purchase of a new piece of equipment which we
hope to process ,leaves, brush, pieces of construction debris and various other methods
that we can to work in'our composting program. One that we've seen working up in
Boston. It's from a firm out in California where they do this quite a bit.' Hopefully
it will save us a lot of space and provide a final cover in the Landfill.
35.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
(b) Councilman Stoutenburgh, -Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
JUNE 4,1985 327
SUPERVISOR MURPHY: Number 36, i's 'to" advertise for bids.
36. 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 advertise for bids for the'purchase of one (1) Waste Wood
Tub Grinder for the Landfill, all in accordance with the specifications.
36.-Vote of the. Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly .ADOPTED.
SUPERVISOR MURPHY: ._Number. 37 is Ao create the position of a Planning Aide and
calling for the. Civil Service. list.
37. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
r._____i r tv__ Is own f Scut-ho!d •h nr�h�i creates the tlnCl�'I(1Cl
KtJVL`%tu Ifldl the IUWII UVdlu VI UIG � vrr�� v. ay.,.►.iv... . .. ..�
of Planning Aide, and sets the salary for same at' $18,000..00 per annum, and be it
further
RESOLVED that Supervisor Francis J. Murphy .be and he hereby is authorized and
directed to request a Suffolk County Civil Service List for the position of Planning
Aide.
37.7Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 38 is to allow Code Enforcement Officer Curtis
Horton to attend a conference.
38. Moved by Supe.rv.isor .'k1urphy.;..�seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby 'authorizes Code
Enforcement Officer Curtis W. Horton to attend the "Life -Safety Maintenance Inspect-
ion' course, sponsored by the New York State Department of State, Office of Fire
s Prevention and Control, said course to be held at the Academy of Fire Science,
Montour Falls,. New York on September 23 through 27, 19,85, and the registration fee,
cost for meals, travel and lodging shall be a legal charge against the Town of
Southold; the Town to be reimbursed by the Cutchogue Fire District.
38.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: . Number 39 to authorize the signing of our Dog Contract.
39. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute an Agreement between .the Town
of Southold, the Village of Greenport, and the. North Fork Animal Welfare League,
Inc. , to provide for the control of dogs in the Village of Greenport, provided the
Village of Greenport and the. North Fork Animal Welfare League are in agreement.
with the provisions of same.
39.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED. '
SUPERVISOR MURPHY: . Number 40 is to authorize the purchase of a Presort First-
Class Mail Permit for the Town.
40. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
purchase of a Presort First-Class Mail Permit 'from the United States Post Office
in the amount of $50.00.
40.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman,Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 41 is an Environmental Assessment on the Costello
Draft Environmental Impact Statement.
41. Moved- by Councilman Townsend, seconded by Councilman Stoutenburgh,
WHEREAS, John A. Costello (formerly East End Associates) has heretofore filed
a petition wit a Town Clerk for annexatio—n---o-f approximately 48.7 acres of 15-nid
in the unincorporated portion of the Town of Southold into the Incorporated Village
of Greenport, and
WHEREAS, pursuant to the provisions of Article 8 of the Environmental Conservation
Law, part- 617 of Title ' f the New York State Codes, Rules and Regulations, and
Chpater 44 of the Sou' I Town Code, the Town Board, as lead agency, determined
that the action propos*ii.:; ks .a Type l action and is likely to have a significant effect
on the environment, a-id
WHEREAS, the Town .. 'erk did' file and circulate such determination as required by
the aforementioned law,, rules and code, and
328 JUNE 4, 1985
WHEREAS, John A. Costello did; upon request of the Town Board, cause to be
prepared and filed a Draft Environmental Impact Statement, all in accordance with
said law, rules and code, .and
WHEREAS., the Town Board of the Town of Southold held a public'hearing on the
Draft Environmental Impact Statement submitted by John A. Costello at the Southold
Town hall on May 16, 19851' at which time all interested persons were given an
opportunity to speak, now, therefore, be it
RESOLVED-'that the Town Board of the.Town of Southold does hereby determine
that the action proposed is likely to have a significant effect on the environment,
and be it further i
RESOLVED that the Town Clerk -'immediately notify the applicant, John A. Costello,
of this determination and' further request said applicant to prepare a Final Environ-
mental Impact Statement, all in accordance with said' law, rules and code, by July 1,
'1985, and address the following- matters of concern:
A,rlrirPss all of those issues .raised at the Draft Environmental Impact State-
ment public'hearing held on May 16, 1985, that were not sufficiently covered in the
DEIS.
2. At the hearing on May 16, 1985 the economic issue was addressed by more
people than any other environmental issue. In' order to properly evaluate the economic
beneftt.•vs. potential negative environmental impact, an analysis of the cost of housing
lots that would result from annexation is 'requested, as well as the strategy by which
these lots will ' be relayed to low and moderate income people in' need of housing, as
opposed to investors seeking to benefit from lots priced below market value.
3. Address DEIS claims made on page 44, F. Water Supply. . .."This increase
in pumpage will' keep total consumption well below the permissive yield in' the company
service area. . The water requirements of the proposed development can be supplied
by the company without impacting existing customers.or preventing service to other
developments within the franchise area for which service for has been agreed to."
4. Yield of existing well. Affect of road 'runoff to that well. Will pumpage
-pull runoff into it? J
5. Alternatives: A special' public improvement district (remaining in Southold
Town).
6. Connection to sewer = consumptive use and ocean •outfall. What will
be the groundwater impact?
7. Guarantee from Greenport Village that water and sewer will be provided
if annexation takes place.
8.' Guarantee from John A. Costello that on-site well will be made available
to Greenport Village.
9. Submission of appraiser's .report: Page 38. ..."A professional appraiser
has advised that the annexation and calculated development would not impact the
value of adjacent homes."
41.-Vote of the Town Board: Ayes: Councilwoman. Cochran, Councilman, Stoutenburgh,
Justice Edwards, Councilman Townsend, Supervisor Murphy. No: Councilman
Schondebare.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 42 is salary increases for the Lifeguards.
42. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED .that the Town. Board ofAhe Town of Southold hereby. authorizes the
following increases in per hour pay for the following Lifeguards who were appointed
on May 21, 1985:
John Mitchell from $4.30 to $5.25 per hour
Maura McCav:era from $4.45 to $5•.25 per hour
Joseph Aiello from $4.60 to $5.75 per hour
John Hansen from $4. 15 to $4.75 per hour
Mindy Gerhart from $4. 00 to $4.75 per hour
Charles Boyer from $4. 15 to $5. 00 per hour
Chris McNulty from $4. 30 to $5.25 per hour
Richard Hilary, from $4. 00 to $4.75 per hour
J r.
SUPERVISOR MURPHY: This is being brought about by the scarsity of' Lifeguards
and their ability to draw higher pay in other areas.
COUNCILMAN STOUTENBURGH : Like mowing a law for $5. 00, that kind of thing,
and here you're paying a Lifegard• $4. 15.
COUNCILWOMAN COCHRAN : With the responsibilities and the increases really isn't
that much.
42.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED. l
SUPERVISOR MURPHY: . Number 43 is to. amend a resolution of May 7th. y
43. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
JUNE 4, 1985 329
WHEREAS, John A. Costello did; upon.-.request of the Town Board, cause to be
prepared and filed a Draft Environmental Impact Statement, all in accordance with
said law, rules and code, .and
WHEREAS., the Town Board of the Town of Southold held a public'hearing on the
Draft Environmental Impact'Statement submitted by John A. Costello at the Southold
Town hall on May 16, 1985,' at which time all interested persons were given an
opportunity to speak, now, therefore, be it
RESOLVED-"that the Town Board. of the.Town of Southold does hereby determine
that the action proposed is 'likely to have a significant effect on the environment,
and be it 'further
RESOLVED that the Town Clerk -immediately notify the applicant, John A. Costello,
of this determination, and further request said applicant to prepare a Final Environ-
mental Impact Statement, all in accordance with said law, rules and code, by July 1,
'1985,' and address the following matters of concern:
' 1, Address all of those issues raised at the Draft Environmental Impact State-
ment public 'hearing held on May 16, 1985', that were_not sufficiently covered in the
DEIS.
2. At the hearing on May 16, 1985 the economic 'issue was addressed by more
people than any other environmental issue. In order to properly evaluate the economic
benefit.'vs: potential' negative environmental impact, an analysis 'of the cost of housing
lots that would result from annexation is 'requested, as well as the strategy by which
these lots will' be relayed to low and moderate income people in• neec!, of housing, as
opposed to investors seeking to benefit from lots priced below market value.
3. Address DEIS claims made on page 44, F. Water Supply. . .."This increase
in pumpage will' keep total consumption well below the permissive yield in' the company i
service area. . The water requirements of the proposed development can be supplied
by the company without impacting existing'customers.or preventing service to other
developments within the franchise area for which service for has been agreed to."
4. Yield of existing well. Affect of road runoff to that well. Will pumpage
pull runoff into it?
5. . Alternatives: A special public improvement district (remaining in Southold
Town).
6. Connection to sewer = consumptive use and ocean outfall. What will
be the groundwater impact?
7. Guarantee from Greenport Village that water and sewer will be provided
if annexation takes place.
8.* Guarantee from John A. Costello that on-site well will be made available
to Greenport Village.
9. Submission of appraiser's .report: Page 38. .. ."A professional appraiser
has advised that the annexation and calculated development would not impact the
value-of adjacent homes." ..
41.-Vote of the Town Board: Ayes: . Councilwoman Cochran, Councilman Stoutenburgh,
Justice Edwards, Councilman Townsend, Supervisor Murphy. No: Councilman
Schondebare.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 42 is salary increases for the Lifeguards.
42. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED .that .the Town- Board.ofAhe Town of Southold hereby. authorizes the
following increases in per hour pay for the following Lifeguards who were appointed
on May 21, 1985:
John Mitchell from $4.30 to $5.25 per hour
Maura McCav:era from $4.45 to $5.25 per hour
Joseph Aiello from $4. 60 to $5.75 per hour
John Hansen from $4. 15 to $4.75 per hour
Mindy Gerhart from $4. 00 to $4.75 per hour
Charles Boyer from $4. 15 to $5. 00 per hour
Chris McNulty from $4. 30 to $5.25 per hour
Richard Hilary, from $4. 00 to $4.75 per hour
Jr.
SUPERVISOR MURPHY: This is being brought about by the scarsity of Lifeguards
and their ability to draw higher pay in other areas.
COUNCILMAN STOUTENBURGH : Like mowing a law for $5. 00, that kind of thing,
and here you're paying a Lifegard' $4. 15.
COUNCILWOMAN COCHRAN : With the responsibilities and the increases really isn't
that much.
42.-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 43 is to. amend a resolution of May 7th.
43. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
330 JUNE 4, 1985
resolution of May 7, 1985 authorizing Pirates Cove Marine to repair, paint and chain,
place in the spring and remove in the fall, the two new "No Anchoring" bouys for
West Harbor, Fishers Island, by increasing the authorized amount of expenditure for
the aforesaid work from $100-00 to .$330.49.
43.-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 44 is to reiterate our opposition to the granting of
a license to operate Shoreham. Nuclear Power Station.
44. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, the Town of Southold, through resolutions of this Board and authorized
actions taken by its Attorneys in- judicial and administrative proceedings, has long
at__ — :.:a::..:. aL...a- tL... CL:.. ..M-, -AI .door Dnu�nr Ct=tin►1 i¢ 11n4 fP aYlf'� f{'lAf A
i icier+ a.e r.:.o.uv.. a�u� ►.... .... :". . .u..,... =-=
suitable emergency evacuation plan can not be developed for Suffolk County in
general and specifically for the Town of Southold, and
WHEREAS, the State of New York and the. County of Suffolk have both shared
this position, and with the Town have opposed the operation of the Shoreham
Nuclear Power Station, and
WHEREAS, the position taken by these three governments isfirmly based upon
the factual reports and evidence developed by qualified experts of said I governments
regarding this matter, and
WHEREAS, Suffolk County Executive Peter F. Cohalan has unilaterally attempted to
reverse the position of the County of Suffolk by the issuance of Executve Order 1-
1985 which would direct development and implementation of a County emergency
evacuation plan which would allow the opening. and operation of the Shoreham. Nuclear
Power Station, and
WHEREAS, said'order also attempts to abandon the position of the County of Suffolk
that any evacuation plan- must cover a '20 mile radius from the plant by directing an
evacuation plan for only the 10 mile radius area, and
WHEREAS, . the Executive Order has no factual basis *to support the changed position
of the County Executive, and
WHEREAS, said Executive Order ignores the need for any emergency evacuation plan
for the portion of Southold Town which lies "outside the 10 'mile radius and a major
portion of the East End, in spite of the unique geographic nature of the area, which
requires emergency planning for the entire East End, and
WHEREAS, the Suffolk County Legislature has previously adopted the policy of the
County of Suffolk in' numerous resolutions, which have been duly enacted, that the
Shoreham. Nuclear Power Station isurisafe because no suitable evacuation plan can
be developed and that said power station should. not he permitted to open, and said
Executive Order is contrary to said'policy, and
WHEREAS, the Suffolk County Legislature has directed that no funds or personnel
of the County be. assigned for a emergency evacuation plan since no safe plan exists
and said Executive Order is contrary to this 'policy, and
WHEREAS, said Executive Order is illegal in' that the County Executive possesses
no legal authority to unilaterally formulate and implement emergency planning for
the County, _a.nd. _
WHEREAS, .said Executive Order is illegal and unconstitutional,. as an invasion of
the province of the Suffolkoun y egis a ure, and the separation of powers Be ween
the executive and legislative branches by purporting to override the lawfully estaki
lished policy of the County as set by the County Legislature on the issue of the
Shoreham Nuclear Power Station, and
WHEREAS; under the State Executive Law, the Town of Southold has independent
emergency plannind powers, and
WHEREAS, under the Article XIII of the Suffolk County Charter, police authority
of the County extends only to the five Western Towns, while the Eastern Towns
possess their :own police departments, and
WHEREAS, the Executive Order would illegally invade the emergency planning and
police powers of the Town of Southold, and
WHEREAS, in addition to the illegality of the Executive. Order, said'order would
abdicate the responsibility of Government to adequately protect the health, safety,
and welfare of its citizens, now, therefore, be it '
RESOLVED, that the Town of Southold reiterates its position that the Shoreham
Nuclear Power Station is unsafe and that an adequate emergency evacuation plan
can not be formulated, and, be it further
RESOLVED, that the Town of Southold reiterates the opposition to the granting of
a license to operate the Soreham Nuclear Power Station, and, be it further
RESOLVED, that this Town Board condemns the illegal, unconstitutional and ill=
considered issuance of Executive Order 1-1985. by the Suffolk County Executive, and,
be it further
RESOLVED, that the Office of Town Attorney, through its Shoreham special counsel,
is 'authorized to take all necessary steps to challenge the legality of Executive Order
1-1985, and, be it-further -.-
RESOLVED,,. that.the.Town.*Board directs all_ Town. personnel. not to participate. in
the -preparation -and -implementation ot any emergency evacuallon directed pur-scuranr
to Executive Order 1-1985, and, be it- further
RESOLVED that the Town of Southold urges the Suffolk County Legislature and
State of. New York to maintain and defend its position in'opposition to the Shoreham .
AI.. ^Icnv' Pnurnr C+ntinr
JUNE 4, 1985 331
SUPERVISOR MURPHY: The five Ea-St End Towns, I believe, will be uniting in
opposition to this and the Town of So,uth*ampton .is-assuming the lead in hiring of
the law firm to fight the Executive Order that thb County Executive issued last
week.
44.-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: And. Number 45 is to refund a fee.
41* Moved by Councilwoman Cochran, seconded by Justic ,e Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize's a refund
in' the amount, of $1-00. 00 to Twin' Fork Fence of Suffolk. Inc. f6rT108 1985786 Commercial
Contractor Vehicle Permit purchased ,on May 20, -1-9-85, whereas Twin Fork Fence of
Suffolk, Inc. has determined they will' be unable to use the permit as requested.
SUPERVISOR MURPHY: Any questions? .(No response.)
45,7Vote of the Town Board: *Ayes: - Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, -Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our regular and added-on agenda
and this time I'd .like to ask any of the Town Board- members if they have anything
further to say. Jay?
COUNCILMAN SCHONDEBARE: . Nothing, except What yod in.: the:adtl[ence -hear-.tonight
basically is pro-forma. We've already done it.' We've been here since 9:00 o'clock
this 'morning and if you want the spirited part of the discussion between us, you have
to do it 'during the day when we have our Work S&ssion's, because we work out most
everything before We get up.. her eon the dais" so if it 'sounds kind of boring to you,
it's because we've already expressed our opinions to each other during the course of
the day. Ad nausium' .
SUPERVISOR MURPHY: Joseph?
COUNCILMAN TOWNSEND : . Nothing, 'Frank.
9
SUPERVISOR *MURPHY: I- might say we've been going since 9:30 to after 6:00 tonight.
Paul?
COUNCILMAN STOUTENBURGH: Nothing.
SUPERVISOR MURPHY: . Jean?
COUNCILWOMAN. COCHRAN: I've enjoyed the whole day.
SUPERVISOR MURPHY: Raymond?
JUSTICE EDWARDS: . It's .been a long one. -Just a few fill. ins here. I'm glad Joe
mentioned the trip over to Fishers Island. I did not want to bring anything up on
the incorporation study, because my opinion
would be very biased, but I'm glad Joe
did bring it 'up. . The study was 'done. very well, and that's all it was, was just a
study to present to the people of what it would cost and what would be the advantages
and now it's up to the civic 'association' lito..go out to the people and see if they do want
to go any further with it.' So, that's one of the big' highlights of the meeting on the
Island. Of course the Master Plan was also. The Master Plan people, RPPW sort of
left out Fishers Island. They had their own little study done over there, which was
probably all in all turned out a loti..better because the two girl's that'did ' it 'got right
down into the Island, and did an excellent job. The bid' that was accepted this
evening, the '$4-58,888'."00 for a wastewater treatment facility is to take care of the
sewerage problem that's down at the old Fort area on Fishers Island. Ever since it
was put in was just dumped overboard and finally the DEC said you're going to have
to straighten it out, so that will ' &-Ic done on a district basis and only the people that
'are involved in that property will' be contributing to this district. And I can see it
must have had good advertisement because a 'company here in Northport got the bid,
so -it's right around the corner. Thank you, Frank.
SUPERVISOR MURPHY: They're doing the job in Southold, the same firm. Okay,
anyone in the audience like to make a comment to the Town Board? Over here on
the left? Middle?
DIANE BERGMANN, Peconic: Supervisor Murphy and members of the Town Board, I
have a copy of the letter from ENT Engineering pertaining to the airport study and
in that Mr. Puckli Said Phase I and 11 have been completed, according to our contract.
I'd like to know when the public hearings will be scheduled, since that was what has
been said, at this juncture, from the Department of Transportation they had said at
332 JUNE 42 1985
that juncture. That's when the Town- people can speak. I'd like to know when. Each
phase of the study seems to cust more•.and more money and I understand Mr. Puckli is
asking for more money. After Phase I and 11, according to the one bill' l've seen in
the airport file, Phase I and [I. cost twenty eight thousand some odd dollars. . To continu
on would be another $34,666. 00 to complete II.I, .IV as Mr. Puckli is saying. Even if
he gets his '$1-5,000 extra that he says cost overruns had gone in'this Phase 1 and 11,
it's .better than $34,000..' When is *the public 'going to have their hearing? Phase 1
and 11 are"done according to Mr. Puckli.
SUPERVISOR MURPHY: W'e've� writ#en a letter to the State DOT to find out if Phase I
and Il.'are finished and what the next step in' the process is 'to be. We should hear -
shortly.
COUNCILMAN SCHONDEBARE: Don't forget, as I said during our Work Session to&
and I think 'vou were there, I brouqht up the same question. They. claim'..Phase I ar
II is done and l had the same question to the Town Board members, when :.are we go�..g
to have the public hearing? And l think we agreed we'll .try to get Foster Beach from
the State of. New York in here in'our Work Session two weeks from today and maybe
we can get some clear understanding from him' and set a date for the public hearing
two weeks from today. . Not set a date for the public hearing two weeks from today,
but to discuss it two weeks from today to have it in' the future.
SUPERVISOR MURPHY: Okay, isthere anyone else would like to comment to the
Town Board? .. Over on the right? Dave?
DAVID SPOHN: Mr. -Supervisor and members of the Town Board, 1 represent the
North Fork Aviation Association, and of course the Town contact on the study. I'd
just like to clarify one point on the moneys. The original contract for the study is
$62,779.'00, and make that subject:to. verification by looking on the papers, and that
remains the cost of the study at this 'time. The Town's liability was.$1,569.00. That
remains the same. . The- moneys mentioned on the cost-overruns, if you read the letter
correctly. and carefully, you'll .see that they will not be billing on that amount, and
the only thing that would possibly make a cost increase would be additional or extra
work. As original contract it remains at' '$62,779..00. Any further questions I'd be
more than happy to answer anyone. Thank you. very much.
SUPERVISOR MURPHY: . Thank you, Dave. Anyone else like to make any comments?
In the back?
JOHN SKABRY: I live about a mile from Site 5, that's .the prime site, up on Henry
Lane in Peconic, and I too am concerned about the delays. Back to December the
Site selection was announced and they. visited the sites from what I remember, and
then in'January there was a presentation. Also in January the State Department of
Transportation indicated that they had something like twenty problems with the report
and they sent it back .to the engineer to revise: the report and now we've been waiting
since January and we've been getting one-. month, be another month, be another couple
of weeks.. Now.-.here we are in' the siX,:h',m6ri1th waiting, and we still 'don't have a date.
I think there's been procrastination on the part of somebody somewhere along the
line when we have to wait six month. As Mrs. Bergmann was talking about the
cost overruns, in'that letter that we received in Town Hall on the 20th from the
engineer, 1 read also that he states that Phase I and I L have been completed accord-
ing to our contract. That's on page I. Then he says that per my letter to LILCO
of April 16th, 1985., a copy of which was sent to you, we have requested that LILCO
reevaluate the feasibility and cost of burying the transmission lines that are at Sites
2, 5 and 6. That's that steel tower line'. Everybody knows that it's there. It runs
right through the 162 agriculturally zoned acres. that they want to convert to heavy
industrial use in this Town and you know you can't build an airport with a steel tower
line running through the middle of it: It's been there since 1918 or maybe a little
bit later, from people that I talk to. It's .nothing new. It was sitting there when
they went out to the sites to evaluate them in.'January and now we waited until April
the 16th to send a letter to LILCO and see how' much it's going to cost to bury them?
And even if it's' :feasible? That's ,dragging your feet. I don't. care what anybody sa—
To wait that long and then in the interim we're getting a month, two months, it'll be
any day now we're going to come up with this study. No, l think that waiting for I
Foster Beach is just another--we're just going to present ourselves with more problems
here, because according to this booklet written by the Federal Aviation Administration,
U. S. Department of Transportation, it's an introduction to the Airport Improvement
Program, it says here on page 12, the sponsor--that's you and me, all the taxpayers
in this 'town, not the federal or the state government, the sponsor--i s 'responsible for
paying all project costs that exceed the maximum obligation. Now, I'm,. no lawyer, but
if we've incurred a cost overrun and my .little mathmatics here--just got this letter--
saw this letter. today--we originally, contracted them for $62,779.00 'and the engineer
reports in .his letter the principal reason for this''$14, 889. 00 overrun is the extra work
that we have accomplished. It's .an overrun. I don't know that he can even allow his
firm, just by writing a letter, to not obligate the Town to pay this almost $15,000 over-
run. And this is only on the study to see if 'the airport is feasible. If this study does
go through and we do pick a site and start to build an airport, nobody on this whole
planet has any doubt in their mind that there's .not going to be overruns. Anything
JUNE 4, 1985 333
that you build now--you build a dog: house and by the time the lumber get delivered
there's .an overrun on it.. Now.' l 'got busted up`"a little bit there, but I wanted to
talk to specifically Councilman Cochran who brought up the Master Plan and Supervisor
Murphy who brought it 'up tonight on the letter from Dr. Lee Koppelman of the Planning
Department in the County and Justice Edwards who brought it up about the Master Plan
over at Edwards Island--I'm. sorry, Fishers Island. The Master Plan took that section
up there in' Peconic and Cutchogue and Mattituck and we all see that map--it's the
largest agriculture area in this Town and right plumb dab in' the middle of it this plan--
this $62,00.0. taxpayers paid for with a' $14,000 overrun runs $77, 677, plan, this study
for the airport puts it 'a heavy industrial use 162 acres right in the middle of where
we're paying engineers to give us a Master Plan that's telling us that that land ought
to stay agriculture. I don't know that we can procrastinate any longer on it. I really
don't know why. I don't see a reason why. Why would somebody wait until April 16th
by his own admission in this letter to the Supervisor-r-can somebody tell me why? This
is aggrevating me. It's .just causing. more aggrevation._ Why would somebody wait down
in Tampa, Florida, this 'engineer that's going to plan this airport for us, after he was
told to expedite this; wait until April '16th to write a letter to LILCO, to find out whether
the lines could be buried or what it will'cost.
COUNCILMAN SCHONDEBARE: There's a fellow behind you, John, who's .dying to
answer you.
MR. SKABRY: I'm asking the Town Board. .I elected the Town Board and I pay
taxes to the Town Board to pay the Town Board's salary. I expect an answer from
the Town Board because I've been asking these questions since they decided that
a mile from my house is the best place to put an airport, or the prime site. Does
anybody, know?
COUNCILMAN TOWNSEND: Is this the first time they've asked that question?
MR. SKABRY: 1 just got the letter today. You fellows received it on May the 20th.
COUNCILMAN TOWNSEND : What 1 . think it 'is 'is 'that's .not the first time they've asked
that question. They may have not have gotten a satisfactory answer, but I .thought
that they had approached LILCO before on that, but I'll .have to defer to Dave to find
out if that's the case, because according to the letter I think they diid'approach LILCO
before on that same question.
COUNCILMAN STOUTENBURGH : l think they're asking for a reevaluation, aren't they?
Doesn't the words reevaluation go in there, John?
MR. SKABRY: Secondly, as you are';aware; we are proceeding with consolidating the
Phase I and 11 reports. . Per my letter to LILCO of April 16th, 1985, a copy of which
was sent to you, we have requested that LILCO reevaluate the feasibility and cost of
burying the transmission lines that are factors at Sites 2, 5 and 6.
COUNCILMAN SCHONDEBARE: Reevaluate. . They've already evaluated the first time.
They're asking them to reconsider it again:
MR. SKABRY: And then when the costs go up they're going to ask them to reevaluate
it again.and we're going to pick the cost up?
COUNCILMAN SCHONDEBARE: Youre• 'question' was, why did'they wait until that date
to ask them to do .it? . They didn't. They had done it previous to that date and then
the.date you're referring to is 'when they asked them to reevaluate what they had
previously submitted.
MR. SKABRY: . They don't believe the figures that they got originally?
COUNCILMAN SCHONDEBARE: . They obviously like what LILCO sent them, so .they
wanted them to do another again'. It's .like getting a quote from anybody.
MR. SKABRY: But didn't they go back in'January that they didn't like those figures?
COUNCILMAN SCHONDEBARE Yes.
MR. SKABRY:. Okay, so they waited until April to send them a letter to find out. -
COUNCILMAN SCHONDEBARE: When did'LILCO send them the figures., John?
MR. SKABRY: They said in the study, which I didn't bring with me tonight, that
the cost--1 , forget what it was- $1.00,000 to bury those wires--something like that.
should even use a figure but I forget what the figure. was, but there was a flat money
charge there how much it would cost to bury those wires. Back in January they knew
what it would cost. You don't look at the thing--things get done a lot faster around
my house. I f'l need a toaster, it get replaced. I don't--I can't wait until five months
later to, find out why, especially if somebody's got the heat on me. We're paying the
bills--our. Town Board, our Supervisor,• we're all paying the bills here for this guy,
334 JUNE 4 , 1985
this $62,000 study. I shouldn't be asking why they waited until April 16th. We have
a Town Board that should have asked. Why April 16th, when you've been telling me
this thing is coming any day now?
COUNCILMAN SCHONDEBARE: . John, they didn't ask April 16th. They asked them to
reevaluate their figures that they had asked them that before hand. You keep missing
the words "please reevaluate". Reevaluate. They already asked them and gotten the
figures before April. Why do you keep saying that they asked on April?
MR. SKABRY: I'm sorry, Councilman Schondebare--per my letter to LILCO of April
16th, 1985. we have requested that LILCO reevaluate the feasibility and cost burying
the tranmission lines.
COUNCILMAN SCHONDEBARE: That means they already got it from LILCO prior to
Anri? 1Rth,
Mg. SKABRY: And they also go it prior to January. They waited until April to---
COUNCILMAN SCHONDEBARE: John, Foster Beach, hopefully, will be here two weeks
Irom today.
MR. SKABRY: Foster Beach isn't going to have any more responsibility. The Town
is going to have it. Foster Beach lives or works down at Hauppauge for the State of
New York and his FAA booklet says that the cost overruns are going to be paid for
by the sponsor, that's us.
SUPERVISOR MURPHY: Someone in the middle?
GEORGE THORGESSON, Greenport: I'd .like to know the nature of the contract that
you have with this 'agency. Is it fixed price or cost ?
SUPERVISOR MURPHY: It's .fixed price, sir:
MR. THORGESSON: Well, then that overrun is meaningless.
SUPERVISOR MURPHY: It is:
COUNCILMAN SCHONDEBARE: It is.
MR. SPOHN: I would just like to address those comments. I would hope that Mr.
Skabry would take the time out to have a conversation with me somebody because
he's way off base on some of those statements. The contract is '$62,779. 00, that's .
it. The Town's liability is $1-,569. 00 unless there's .extra work created. If the
contract goes as it is written that's .all the cost.
SUPERVISOR MURPHY: That we ask for. . That we request.
MR. SPOHN: That's right. And the reference to the progress, after the report was
put out and the comments made by the New York State DOT, those comments were
addressed and the. New York State DOT asked for time to look over those comments
and they did send a letter that our method of addressing those comments--I use .the
term "our". because I'm the Town contact, .the letters pass back and forth through
me--they 'said proceed, because they thought that the method that We proposed to
do was okay. So again anybody who wishes to ask questions I'd be more than happy
to talk about it.' Thank you_ very much.
SUPERVISOR MURPHY: Thank you, Dave. Anyone else in the audience?
MRS. BERGMANN: I just want to ask on Resolution 33 they're asking for bids to
slurry and seal and repaint the runways. Why pays for that?
SUPERVISOR MURPHY: The FAA.
MRS. BERGMANN : The FAA pays? - The Town has absolutely no cost on that?
SUPERVISOR MURPHY: There is an in-kind--there is a small percentage of in=kind
services where we probably will 'do the striping on it. It's being put out to bid and
engineered by Suffolk County Department of Public 'Works for the Town.
MRS. BERGMANN : All right, but the Town will 'have some sort of cost to it?
SUPERVISOR MURPHY : Very little. The Fishers Island Ferry District.
JUSTICE EDWARDS: In fact the Town of Southold will probably make money on it
with Riinky putting the stripes down.
SUPERVISOR MURPHY: Sir?
ERIC BERGMANN : What are you going to ask Mr. Beach about? Are you going to.
ask him' what we should do? I mean, what are you asking him about?
JUNE 4, 19,8 5 335
SUPERVISOR MURPHY: If Phase I and 11 -are complete.
MR. BERGMANN : Why do you ask that? It's ,up to us isn't it? He says, from the
letters we have, Mr. Beach says as soon as Phase I and H are done it should go up
to public talks and that stuff. Mr. Puckli says I and 11 is done. Does the Board
up there feel, they themselves feel Phase I and 11 isdone.
SUPERVISOR MURPHY: I don't think Phase I and II are done, no, and just because
a consultant or a contractor says he has done a job and looks for payment doesn't
mean he has fulfilled the contract. The man has not finished his contract under Phase
l and 11.
MR. BERGMANN : What does the Board feel is not completed in Phase I and 11 yet?
SUPERVISOR MURPHY : John brought up one point aione. if The cosi of burying the
electrical cables are prohibitive, then those two sites where the cable is running through
could not be considered, and one of the sites should not be considered because it should
never have been considered because they never answered the first question--asked the
first question until they said they were finished, and that was "would you condemn?"
Would the. Town condemn land. . The Town said, no, so automatically one of those sites
should have been taken out and should not be studied now, so I don't think the man
has come any where near finishing Phase I and 11. Now, I don't think anyone who has -
a contract should- be let off without doing his.'contract properly. Mr. Beach is the
professional, the. New York State. Department of Transportation are the professional
people who analyze'-this,
nalyze this. I don't think there's .anyone on Southold Town Board can
analyze an airport report. . That's .exactly why we hired a consultant and that's exactly
why there is 'a higher agency overseeing and reviewing and advising the Town Board.
Any other questions? Sir:
MR. FRANK TARELLI : I represent the East End Livestock and Horsemens Association.
1 would just like to request that may I have a copy of Resolution No. 27 that was
presented this 'evening?
SUPERVISOR MURPHY: You certainly may.
MR. TARELLI : Thank you,
SUPERVISOR MURPHY: Any .other questions? John?
MR. SKABRY: Not to belabor the point. I just got this letter tonight and I got
home from work and I read it quickly and I didn't mark everything out exactly, -but
may think we have a fixed price contract on something--I .don't know .whether we do
or we don't, but I know that this booklet which I've had for four or five days says
that the sponsor, which is us, is responsible for paying all project costs that exceed
the maximum obligation.. In' the letter from the engineer to the Town, which the Town
received on May the 20th, the engineer states on page 5, "We therefore request that
the Town Board determine if their 'interpretation of the contract and the associated
work scope suggests that these additional reports constitute extra work? If the Town
Board concurs with our contention and the study isaltered after submittal of the
'
consolidated report, we will' request payment for the extra work." That's .clear to me.
SUPERVISOR MURPHY: John, I think you're not reading the complete letter. That's
for Phase I I I41' AV and V, work that was done in' there.
COUNCILMAN, STOUTENBURGH: We objected to that.
SUPERVISOR MURPHY: I would suggest you review it and, as Dave Spohn said, and
has made the offer many times to you, it 'might be wise to sit down and review these
things with him so that everybody is in' complete understanding of what we have.
MR. SKABRY: Frank, I won't review it with anybody. I elected you to be the
Supervisor of the Town and you told me back five months ago that it was going to
take another month. . Now you're bring up that I should talk to him' about it. He
don't live a mile from this 'airport. He lives up to East Marion. 'He won't hear
nothing of those airplanes night and day. He's telling me they're going to put
30,*000 night and day flights, .30,'00.0. 'a year are going to take off a mile from my
house and it's .going to sound like somebody's cutting their lawn. . . . . . (change tape) .
If this was a mile- from your house this thing would be gone. Anybody on this Board
this thing would be dead, put under.
SUPERVISOR MURPHY: . Thank you, John, I appreciate your comments.
MR. SKABRY: . Thank you, sorry.for losing my cool.
SUPERVISOR MURPHY: is there anyone else would like to address the Board?
.(No response.) If not I would like a resolution to adjourn.
33.6 JUNE 4, 1985
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 9:20 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town Clerk
r,