HomeMy WebLinkAboutTB-06/18/1985 345
SOUTHOLD. TOWN BOARD
JUNE 18, 1985
r
JUNE 17, 1985
WORK SESSION
Present: Supervisor Francis 'J. Murphy, Councilman Joseph L. Townsend, Jr. ,
Justice Rayinund W. Edwards, Counciiman raui Stoutenburgh, Counciiwoman .lean W.
Cochran, Town Clerk Judith T. Terry. Absent: Councilman James A. Schondebare,
Town Attorney Robert W. Tasker.
2:30 P.M. - Executive Administrator. Victor G. Lessard met with the Board to discuss
the recent inspection of the. Hay Harbor Club, Fishers Island and the violations found
with the respect to the building and surrounding grounds. Efforts will be made to
correct the. violations as soon as possible.--A't the June 18th Work Session Mr. Lessard
advised the. Board: most the. violations had ben corrected and the remainder are in'
the process.of being.completed.-=-Mr: .Lessard discussed the recent interest in the
establishment of bed and breakfast facilities in private homes throughout the Town..
It has been determined that such a use in the "A" Residential and Agricultural District
is 'prohibited and interested persons should apply to the Board of. Appeals ,for a Special
Exception and a determination will' be made on a case-by-case basis:
2:.45' R.M. - Merlon Wiggin, President of Peconic Associates, Inc. and Roger Wilhelm
of-Gannett Fleming met with the Board to review their Preliminary Solid Waste-To-Engery
Feasibility Study for the Village of Greenport and Town of Southold, which was received
by the. Board on May 20, 1985.
4:30 'P.M. - Work Session recessed until '8:'30 A.M., June 18, 1985..
JUNE 18, 1985
WORK SESSION
Present: Supervisor Francis *J. Murphy, Councilman Joseph L. Townsend, Jr. ,
Justice Raymond W. Edwards (9:30 A.M.) , Councilman Paul Stoutenburgh, Councilman
James A. Schondebare, Councilwoman Jean W. Cochran, Town Clerk Judith T. Terry,
Town Attorney Robert W. Tasker (10:'00 A.M.), Superintendent of Highways. Raymond
C. Dean (10:00 A.M.) .
8:30 A.M. - The Board began the audit of outstanding. vouchers.
9:00 A.M. - Frank Flynn and Henry Weismann, residents of Southold Shores, appeared
before the Board to discuss the development plans for the Sage property, Southold.
Mr. Flynn protested the development of the proposed subdivisio n of Bayview Develop-
ment Corporation, Sections I and 11, which is presentCy before. the Planning Board and
Zoning Board of Appeals, and What he cons.iders• inconsistencies with the .proposed Master
Plan Update. Mr. Flynn was .repeatedly,2 advised that the proposed 'subdivisions are
Planning Board matters; and he should- meet with them to discuss his objections. He
stated he had reviewed the Planning Board files but did' not. chose to discuss the issue
with the Planning Board; that. it 'is Iup to the Town Board 'to review the actions of the
Planning Board.--Executive Administrator Lessard advised the Board that Mr. Flynn
had been discourteous to the Planning Board Secretary and Building Department employee
which:,Mr:� Fly.nn :denied, stating the only department he had been discourteous to was
the Assessors• Office.
9:55 A.M. = .Community Development Director James McMahon met with the Board to
review his Project Status Report for the Community Development Block Grant Program,
Years 8, 9, 10, and 11, which included the Client List for the Years 7 and 8 housing
rehabilitation programs in progress.
10:00 A.M. .- .Thomas Byrnes appeared before the Board to discuss his proposal to
fill a large old' sand pit on. property he has purchased from Irving Latham on the
south side of Soundvi.ew venue, Southold. r. Byrnes explained that this 'pit has
become the site for target shooting and motor bike races and would like to fill ,the, pit
with stumps and. brush and put soil on top to make a grade and plant shrubs. He
was advised that the law prohibits him from filling the pit 'with stumps and brush
without first obtaining a permit .from the Town Board. However, nothing would prevent
him from. dumpirg clean fill from off the premises, as well as moving clean fill from hi)s
adjacent property into the pit: Mr. Byrnes stated he would probably take that option,
rather than the lengthy process required for a Town Board permit which would require
a public hearing and the SEQR process.
346 JUNE 18, 1985
10: 10 A.M. .=. Councilman Stoutenburgh: Would like to schedule a meeting of the Town
Board to review the scoping process for certain applications. Suggested a meeting
between Helen Proud, Alice Finkle and. Venetia 'McKeighan, Director of the. Nutrition
Center, and .the. Town Board to. discuss community health services.--Justice Edwards:
Requested the Town Board to consider a contract with the Fishers Island Garbage
District to empty the two dumpsters recently placed on the Island in the West Harbor
area. Superintendent of Highways. Dean will discuss such a contract with the Commission
of the Garbage District.--Councilman Townsend: Advised the Board he met with four
or five people on.'June 17th who have problems with Cablevision. With the Board's
approval he_ would like to make a list of complaints and send them to Dimension Cable,
and will draw up a list of the complaints. He further advised the Board that the Dog
Contract will be discussed with the Village of Greenport within'the next day or two.
Councilman Townsend also asked for permission .to purchase frames and hanging wire
to provide a display for the Landmark Preservation Commission in the meeting hall.
10:45 A.M.. - The Board began reviewing proposed resolutions for the Regular Meeting.
10:50 A.M. - Recreation Director Susan Steinmetz-Fossett met with the Board to bring
them up to date on her first two weeks as the Town's first Recreation Director. She
stated s.he has spent most of the time familiarizing herself with the. various clubs, meetinc
with department: heads and reviewing the budgetary allocations and needs for her depart-
ment, and will soon. begin to look for additional funding from grants, and start an
inventory of equipment purchased for the, various ball leagues with Town funds.
11:00 A.M. - The Board continued reviewing the agenda. .
EXECUTIVE SESSION
11:40.A.M. - Conservatioh.i iAdvisory Council 'member Martin'Carrell met with the Board
relative to membership'problems.—Councilman Townsend discussed the appraisals received
for the Farmland Preservation Program and the next steps in the process of,acquiring
development rights. --A brief discussion was held concerning CSEA negotiations.
12:25 P.M. - Recess for lunch.
1:45 P.M. - Work. Session reconvened and the Board audited the remaining outstanding
vouchers, and continued to review the agenda, with co-n derable discussion on the
proposed resolution to authorize. the Supervisor to sign the. agreement between the
County and Town for the loan of $100.,40.0. to the. Community Development Fund for
the Town to loan to Cross Sound. Ferry for the ferry terminal construction. . Town _
Attorney Tasker objected to the wording of the agreement, which conflicted with the
one he drew pertaining to the question of thel creation of 10 full time jobs. The
Board duly noted :his 'objections, but agreed to adopt the resolution to -authorize' the-----
Supervisor to sign the contract prepared by the County.
3:00 P.M. = Work Session adjourned.
�r
JUNE 18, 1985 347
REGULAR MEETING
a
3:00 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, June
18, 1985 at the Southold Town Hall, Main Road, Southold,. New York. Supervisor
Murphy opened the meeting at 3:00 P.M. with the Pledge of Allegiance to the Flag.
Present: Supervisor. Francis 'J. .Murphy
Councilman Joseph L.. Townsend, Jr.
Justice Raymond. W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T.. Terry.
Town Attorney Robert W.. Tasker
SUPERVISOR MURPHY: A resolution to approve the audit 'first.
Moved by Councilman Schondebare; seconded -by. Councilwoman Cochran, it 'was
RESOLVED that the following audited bills be and hereby are approved: General
Fund Whole Town bills in the amount of $24,'008.19; General Fund Part Town bills
in' the amount of $6;296.29; Highway Department bills in' the amount of $5-3, 102..16;
Highway-Capital Account bills in�the amount of $7,7,971`. 41; Fishers Island Ferry
District. bills. in:the amount of $52,946.01'; Whole Town Encumberances in' the amount
of $4-17.`09.; Federal Revenue Sharing 'Fund bills in'the amount of $2°,:06.1.00.;. Southold
Wastewater -Treatment. Plant bills in'the. amount of $12,'635.*00..
Vote of the. Town Board,:,. Ayes: Councilwoman. Cochran, Councilman ,Schondebare,
Counci an Stoutenburgh, Justice. Edwards,: Councilman Townsend, Supervisor Murphy.
This 'resolutiori was declared duly ADOPTED.
SUPERVISOR MURPHY: . Okay, and now I'd .like a resolution approving the minutes
of the Regular Meeting of June 4th and the Special Meeting of June 10th.
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the minutes of the Southold Town Board Regular Meeting held
on June 4, 1985, and minutes of the Southold Town Board Special Meeting held
on June 10, 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 setting the next meeting date as July
2nd, 1985'. 7:30 P.M., Southold Town Hall.
Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the next Regular Meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, July 2, 1985, Southold Town Hall, Main Road,' Southold,
New York.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Before moving on to the items, on: the agenda, there's three
special proclamations to be presented first and the first one I'd like to ask Council-'
woman Cochran present, the first one, I believe, to Mr. Cox. Come on up Mr. Cox.
COUNCILWOMAN COCHRAN: This 'proclamation is in recognition of Mr. Cox's .mother
who will be celebrating her 103rd birthday on the 20th of this month. The proclamation:
Moved by Councilwoman Cochran, seconded by the Entire Town Board, -
WHEREAS, the Town Board of the Town of Southold, on behalf of the residents of
Southold Town, wish to honor MARY EMMA COX, a resident of Southold, upon the
celebration of her 103rd BIRTHDAY, and
WHE EAS, Mary Emma Cox, daughter of the Reverend Robert J. Kent, D.D., a former
pas,or of the Orient Congreational Church, and Mary Emma Tracy, was born on June
20, 1882 in Ringoes, New Jersey, where her.-father had his first pastorate, and
WHEREAS, Mary Emma grew up in' Brooklyn, graduated from Adelphi Academy, attended
Mt. Holyoke College in Massachusetts and studied art in' Adelphi College in' Brooklyn,
and in 1905 married Harold Newton Cox, a chemical engineer, and came to live in'
Southold upon Mr. Cox retirement, and
348 JUNE 18, 1985
WHEREAS, Mary Emma, a widow for 49 years, mother of four children, four grand-
children and two great-grandchildren has lived in her home on the Main Road in
Southold for over 44 years, and has been active in' the community--a past president
of the Universalist Church Ladies Society, early member of the Southold Historical
Society, member of the Friends of .the Library, and during World War II.' while her
son was in the military service, she seved the Red Cross; now, therefore, be it
RESOLVED-that the Town Board,lof.the Town of Southold hereby extends best wishes
and sincere congratu ations to MARY EM A COX on this happy occasion, the ce a ration
of her 103rd BIRTHDAY on JUNE 20,. 1985.
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 we have is -for Frank Cichanowicz and I' d
like to ask him and his wife to step up. Jay, would you mind reading it; please. _
Moved by Councilman Schondebare, seconded by .the Entire Town Board,
WHEREAS, FRANK A. CICHANOWICZ .111; 'a most esteemed member of the Southold Town
Conservation Advisory Councit has resigned effectFe June 1, 1985, an
WHEREAS, FRANK. A. CICHANOWI.CZ III has given generously of his time .and talents
in' hisfaithful 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 dedication 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 itfurther
RESOLVED that a copy of..1his resolution be presented to MR. CICHANOWICZ and
entered in'the permanent record of this Town Board meeting.
Vote of the Town Board: Ayes: - Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards,. Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED. g
SUPERVISOR MURPHY: On behalf of the entire TQwn Board, Frank, thank you.
And now I'd like to ask Rachel Duell to please come up and we'll present one to
her and I'll ask Councilman Townsend to read it.
Moved by Councilman Townsend, seconded by the Entire Town Board,
WHEREAS, RACHEL C: DUELL, a- most esteemed member of the Southold Town
Conservation Advisory Council 'resigned effective June 1, 1985, and
WHEREAS, RACHEL C. DUELL has given generously of .her time and 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
Southold 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- judgement,
now, therefore, be it
RESOLVED that the Town Board of Southold hereby expresses their 'most sincere
appreciation 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.
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: . Again, on behalf of the entire Town Board I. would like to
thank you.
I. REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on the agenda is 'reports. These
are all on file in' the Town. Clerk's Office.
1. Southold Town Dog Shelter Report - May 1985.'
2. Highway Fund Report - May 1985.
3. Supervisor's .Budget Report - May 1985.
4. Board of Town Trustees Report - May 1985.'
5. Town Justice Report -. Tedeschi May :1985.
6. Fishers Island Ferry District Report- May 1985.'
7. Suffolk County Department of Labor,: EconomicIndicator Report - June 1985'. .
8.'. Police Department Incident Report - May 1985.
9. - Councilmen's Reports. I would like to ask any of the Councilmen if they have
anything to report? Jay?
JUNE 18, 1985 349
COUNCILMAN SCHONDEBARE: Nothing, Frank.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: Yes. I just was fooling around with what--as some people
have prosthesis for. various things, arms and legs, this 'thing is 'a data bank and it
-acts as a prosthesis for my faulty memory. I just plug things in here and just to give
you andiidea of what kind of schedule we have, 1 just went through this thing. We
had--most of the entire Town Board attended most of these meetings; Housing Advisory
Committee met a couple of times. . The Master Plan, we had three meetings on that. We
all attended the dedication of-the dock. . There was a Special Meeting on the 10th. We
all, attended the American L egion Convention. We all attended Senior Citizen Awards
Program on the 14th. In addition to that we all had our. own private committees.
went to the Farmland Preservation,.iinterviews of potential nronerty nwnprc fnr thg
purchase of development rights. 1 had a small ad hoc hearing on Cablevision yesterday.
Talk to the Greenport Board on the Dog Contract again: Landmarks Commission met.
So. it's been a fairly active two weeks. You can see how full the schedule is. I always
forget about .it until 1 go through_ this little memory of mine here. That's all 1 have.
SUPERVISOR MURPHY: Thank you, Joe. Paul? _
COUNCILMAN STOUTENBURGH : According to what Joe said, we have been busy.
attended also a Water Advisory Committee meeting and I was just looking through
my notes here• and there :is 'a project come out down in 1 13ayview, in'which a special
water supply has to be devised for this 'and it was discussed at this meeting and 1
had a question here which 1 was supposed to ask you people before hand and I'm.
sorry 1 didn't do this in the Work Session, but this might be the appropriate place
for it, and their concern was why they are not being asked by the Planning Board
to comment on subdivision proposals such as Angel Shores where there is a real water
problem. They'.think they have some input that might be worthy of considering and
helping them make up their mind just how to act on these things and I'm just wondering
how we could get this `message back to the Planning Board and see if they could. pass
on some of these problem areas to the Water Advisory Committee. That's all I have to
say, Frank.. 1: just wanted to bring that up as. I :was just looking over my notes here.
SUPERVISOR MURPHY: . Thank you. It's .decided and a meeting is being scheduled
for the two boards. Jean?
COUNCILWOMAN COCHRAN: .: I guess I just want to report on the Housing Committee
meeting on June 6th. . They're moving along fairly well. The questionnaires have been
distributed to 27 different business and .industries within' the Town of Southold, includinc
the hospital and Town Police here and Plum Island. Also questionnaires have been
distributed to two of the senior groups and the third one will be covered this Thursday.
They were also distributed through the schools. . The Committee is now waiting to compil(
the results of these questionnaires so that they will be a part of the final recommendatior
made to the Board which should be forthcoming in .the near future. Also I think Joe
pretty much covered all .the different community invitations that we had. The only
one I think that wasn't mentioned was the joint 'dinner meeting last night at Chambers
of Commerce. Aside from that it's been a busy two weeks.
SUPERVISOR MURPHY: Thank you, Jean. Judge Edwards?
JUSTICE EDWARDS: It has 'been a busy two weeks and we missed you at the Chamber
meeting last night, Frank, with your cold. We had five of the Town Board people there
at the Chamber meeting. One other thing, with the Supervisor's permission I have
contacted the R. W. Beck Associates regarding the municipal power here in Southold,
for them to include Fishers Island in their study and we on Fishers Island have done
a complete study of this by contacting PASNY and PASNY power will be coming into
Groton, Connecticut starting in July supposedly and we would like R. W. - Beck and
Associates to add Fishers Island on to their study of Southold. I think we would be--
it would be very advantageous to get municipal power on the Island. We're very
similar to Greenport in that respect. We have our own generating facility, as limited
as it is; but we do have it and our electrical rates with the new rate increase now puts
us above the amount that you are paying LILCO. That's .it for now, Frank.
SUPERVISOR MURPHY:_ . The.only thing I'.d .like. to .also report on Fishers Island, the
new ferryboat is going to be christened this Saturday.
11. PUBLIC NOTICES. --
SUPERVISOR MURPHY: Moving on to Item 11 on the agenda is Public'Notices.
Corps :of. .Engineers on the dredging of three creeks (Deepliffole Creek, Brushes
Creek, Mud Creek, James Creek, Little Creek) . Written comments by June 22, 1985.
2. Department of Environmental Conservation notice, complete application of
Katherine Tuthill/Bert Roke to dredge in Schoolhouse Creek. Comments by July 5, 1985.
3. New York State DEC Notice of Complete Application by Charles P. Simmons to
subdivide four lots in excess of two acres, Long Island Sound, Mattituck. Written
comments by June 21, 1985.
3.50 JUNE 18, 1985
COUNCILMAN STOUTENBURGH : Have you heard anything about.. Number L. Frank,
at all as far as the dredging--- .
SUPERVISOR MURPHY: . There!s .a meeting set up on Thursday.
COUNCILMAN STOUTENBURGH: . Thursday where?
SUPERVISOR MURPHY: In Hauppauge. The Trustees will be going.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: Letter applauding the action to remove most of the real
estate "for sale signs" by a real estate agent (Alice Hussie) .
IV. PUBLIC HEAKiNGS.
SUPERVISOR MURPHY: There is one Public 'Hearing scheduled. at 3:35 P.M. (Proposed
"Local Law to amend the Southold Town Code in relation to parking of Vehicles.)
V. RESOLUTIONS.
SUPERVISOR MURPHY: The first Resolution is appointments to the Southold Town
Conservation Advisory Council.'
1. Moved by Councilwoman Cochran, seconded by Justice Edwards, it- was
RESOLVED that the Town Board of the Town of.Southold hereby appoints the following
individuals as members of the'Southold Town, Conservation Advisory Council, efective
immediately,for the following.terms:
John B.. Tuthill June 18, '1987
Robert, Hood June 18,* 1987
Martin H. Carrell -June 18, 1987
Betty Wells June 18, .1987
Ralph C.. Condit 'II June 18, 1987
John HolzapfelJune 18, 1987
. .Heather Cusack Jurie 18, :1987
1.-Vote of the Town Board:' Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphz
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 2 is 'to allocate funds.
2. Moved by Councilman Townsend, seconded by Councilman Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold hereby allocates: $400. 00
from A7320. 4 Joint Youth Account for the payment of expenses for the East End
Arts and Humanities Council's "Jim Chapin's Summer Concert" to be held at Greenport
on Friday, July 12, 1985 at 8:00 P.M.
2.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is to acknowledge a retirement of Jerry King, a
Cook in' the Nutrition Program for over-ten years and we do have a resolution up
here for him' but he's the type of man who would not come out and accept one. He's
donated his time up there. and his 'efforts and has been a tremendous asset to the
Nutrition Program, so on behalf of the entire Town Board I would like to offer it.'
3. 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 GERALD C. K.ING, Cook for the Southold Town Nutrition Program,
effective June 15, 1985', and be it further
RESOLVED that the following_ resolution be forwarded to Mr. King expressing the
'Board's deep appreciation for his dedication to his position as Cook for the Nutrition
Program for more than ten years:
WHEREAS, GERALD C. KING, a most esteemed member of the Southold Town Nutritic.._,
Program, has retired from service effective June 15, 1985; and
WHEREAS, GERALD C. KING has given generously of his time and talents in his faithful
service to the Town of Southold for.. more than ten years,. 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 GERALD C. KING for his unselfish and wholehearted cooperation
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.. ;KING and entered in the
permanent record of this Town Board meeting.
(Mr. King is retiring under the Early Incentive Retirement Program.)
JUNE 18, 1985 353
or make any hole .or excavation in, or under a highway or cause
to be erected thereon` or"' 1thereinI any object without first having
obtained a written ,permit from the Superintendent so to do.
B. This section shall be applicable to and prohibit individuals from
depositing materials on public highways as a result of
improvement and grading of their property.
83-4. Application.
Any person desiring a permit shall make application to the
Superintendent, upon forms to be provided by him, which application
shall set forth the following:
A: The. name and address of the applicant.
B. A reasonably adequate description of the proposed work and the
reason therefor, including a description of the location of the
proposed work.
C. A statement as to the time when such work will be commenced
and an . estimate- of the time when such work shall be fully,
completed and the highway restored to its previous condition as
nearly as may be feasible.
D. A time schedule showing when various portions of the work will
be done.
E. A reference to, the legal authority of the applicant to perform the
proposed work in the public highway.
F. An estimate of the cost of the proposed work, including such
detail as ,may be specified by the Superintendent.
G. Such other information as the Superintendent shall deem
pertinent to effectuate the purposes of this chapter.
83-5. Insurance coverage.
No permit shall be' issued until the applicant shall have filed with the
Superintendent evidence that the town has been named as 'a primary
insured under any insurance policy extending bodily injury and
property damage coverage to the town -in amounts of three hundred
thousand/five hundred thousand dollars ($300,000.1$500,000.) for
bodily injury and fifty thousand dollars ($50,000.) for property
damage, caused by or attributable to the work to be performed by
the applicant, such insurance coverage to be written by an insurance
company authorized to do business in the State of New York.
83-6. Security.
No permit shall be issued to any applicant until the applicant has
posted with the superintendent a surety bond or certified check. in
such amount as the superintendent may determine necessary to cover
the probable expense to the town of replacement by the town of any
highway to its former condition and to guarantee the performance by
the applicant of any of the conditions contained in the permit and
compliance with this chapter.
The above ,bond requirements shall include provision for maintenance
by way of a maintenance bond, which bond shall have a duration of
two (2) years from the, date of completion of the work under the
permit, in case of all excavations with a depth of eighteen (18) inches
or less, and a duration of three (3) years from the date of the
completion of the work under the permit for all excavations with a
depth greater than eighteen (18) inches.
83-7. Fees for applications and permits.
A. Each application for a permit hereunder shall be accompanied by
a fee of twenty-five dollars ($25.) therefor, to be paid to the
To,nn Clerk of the Town of Southold. Permit fees for permits
issued pursuant to this chapter shall be as follows:
(1) Twenty dollars ($20.) for each service connection
excavation. Additional excavations made in connection with
the same service connection excavation shall be charged at
the rate of ten dollars ($10.) for each additional
excavation.
354 JUNE 18, 1985 0 - -
(2) Ten dollars ($10.) for the first one hundred (100) linear
feet or any part thereof .of street excavation and ten cents
($0. 10) per linear foot thereafter for all excavations
eighteen (18) inches in depth or less.
(3) Thirty dollars ($30.) for the first one hundred (100) linear
feet or part thereof of street excavation and thirty cents
($0.30) per linear foot thereafter for all excavations
between eighteen (18) inches and five (5) feet in depth.
(4) Fifty dollars ($50.) for the first one hundred (100) linear
feet or part thereof of street 'excavation and fifty cents
($0.50) per linear foot thereafter for all excavations
exceeding fide (5) feet in depth.
(5) Ten dollars ($10.) -for each utility repair excavation and
five dollars ($5.) for each additional excavation made in
conjunction with said repair.
B. The aforementioned fees shall be paid to the Town Clerk prior to
the issuance of the permit.
83-8. Notice to public utilities.
The superintendent shall require any person making a highway
excavation pursuant to permit granted hereunto to give written notice
of such excavation to public service companies or municipal districts
having lines, mains or other property in the streets, and no work
shall be commenced or done under such permit until such requirement
of notice has been fully complied with. Proof of mailing of such notice
in the form of a sworn statement shall be filed with the application.
83-9. Guarding of excavations and protection of property.
Any person making an excavation pursuant to this chapter shall erect
a suitable barrier or guard for the protection of persons using the
streets or sidewalks and, in addition thereto, shall •set up and
maintain during the hours of darkness sufficient lights or flares or
retroreflective barricades to properly illuminate or delineate the work
area and shall also take all necessary precautions for the protection
of the town and of public service companies or municipal districts and
adjoining property owners and others which might be endangered by
such excavations or the work incident thereto, and shall comply with
all directions given by the superintendent with respect to such
barriers, lights, flares and protective measures.
83-10. Regulations and specifications for street opening permits.
A. Commencement of work. Work under the permit shall be
commenced within thirty (30) days from the date of permit and
continued in an expeditious manner.
B. Construction.
(1) When working on any town road, no pavement cuts or
trenches are to be left uncovered or unfilled overnight,
except in emergencies, and in such cases adequate
precautions must be exercised to protect traffic.
(2) When working on any town road, contractors must complete
final backfilling (See Subsection E hereof.) of any trench
within eighteen (18) days from the day of opening.
(3) All pipes or mains crossing highway pavements shall,
wherever possible, be driven beneath the roadway without-
disturbance to the pavement. The point of driving shall not
be less than five (5) feet from the edge of pavement. Such
crossover pipes shall, whenever possible, be enclosed in
sleeves or larger pipes so that repairs or replacements may
be made without further disturbance of the roadway
_ pavement.
., (4) . If the boring method in the driving of crossover pipes is
found to be impracticable, the superintendent shall be
consulted to determine the manner of placing the pipe by
the open-cut method. This request is to be made in writing
to the superintendent and may be granted upon such
conditions as deemed necessary and proper under the
circumstances.
JUNE 18, 1985 - 355
C. Excavations; method and type of opening.
(1) Openings in concrete roads shall have a mimimum width of
five (5) feet,
(2) No roads are to be tunneled, but pipes may be driven or
trenched across.
(3) All openings are to be made either by pinwheel trenching
machine or saw-cutting, as specified in the permit.
D. Restoration of excavation; temporary patching. Upon completion
of the final backfilling, if final pavement replacing is not to be
accomplished within twenty (20) days from day of opening, then
the trench will be brought to within two (2) inches of road level
and then paved with, two (2) inches of asphaltic concrete within
twenty (20) days of opening, which shall be placed as a
temporary surface in any pavement opening and shall be
maintained to the same grade as adjacent pavement.
E. Procedure for final backfilling. Clean fill will be used and the
trench shall be compacted in twelve-inch lifts with either
vibratory soil compactors or by suitable hydraulic compaction by
water jetting at three-foot intervals.
F: Final pavement replacing.
(1) Concrete. Minimum-size replacements in concrete or asphalt
on concrete base shall be ten by ten (10 x 10) feet, or as
directed. In all cases, if the ten-by-ten-foot replacement is
within five (5) feet of a joint, the replacement, must extend
to the joint. Concrete openings shall be saw cut, and the
mix shall be high early, New York State Specifications Class
F, latest revision.
(2). Asphalt. The trench shall be compacted. to within four (4)
inches of the road surface. The existing asphalt surface
shall then be cut back at least twelve (12) inches on either.
side of the undisturbed subgrade. At the discretion of the
superintendent, the contact surfaces, the patched surfaces
and/or adjacent pavement edges shall be painted .and sealed
with approved bituminous and/or bluestone material before
or after placing the course of asphalt, which shall be four
(4) inches of New York State Specification 6F hot plant
mix. This course shall be rolled with an eight-to-ten-ton
roller and surface variations in excess of one fourth (1/4)
inch shall be eliminated or the pavement relaid.
(3) If temporary patching is not accomplished, final pavement
must be completed within twenty (20) days of opening. If
temporary patching is accomplished as specified, then final
pavement replacing must be completed within thirty (30)
days of temporary patching or within such additional time
as may be authorized by the superintendent at his
discretion upon application.
G. Shoulder areas, if the trenchwork is in the earthen shoulder of
the roadway, then proper compaction as outlined in Subsection E
above will apply, with the addition of a covering of sod- or grass
seeding as specified by the superintendent.
H. Traffic control.
(1) ,Maintenance and protection of traffic. Traffic is to be
maintained at all times during the progress of this work.
Adequate signs, barricades and lights, necessary to protect
the public, shall be provided in accordance with the
provisions of the New York State Manual of Uniform Traffic
Control Devices. Flagmen to direct traffic shall be employed
continuously during periods when only one-way traffic shall
be maintained or when equipment is operated in the
pavement area.
(2) No construction material or equipment shall be left on the
pavement after working hours, nor shall any construction
equipment or materials be placed in any manner or location
that will obstruct highway or' railroad, warning signs.
3 56 JUNE 18, 1985
(3) Barricades, whether sidewalk or roadway area, shall be
prominently displayed. For police convenience the address
and telephone number of twenty-four hour availability of
someone who will reestablish same in an emergency shall be
filed with the Town Police Department.
(4) Access to adjacent properties shall be maintained.
1 . Notification.. The applicant will be responsible to notify the
superintendent twenty-four (24) hours prior to street opening
and closing.
J. Expiration date. The permit shall expire one (1) year from the
date of issue of the permit, unless a different expiration date
has been specified by the superintendent.
83-11. Completion of work.
The applicant shall notify the superintendent when work has been
completed, after which an inspection will be made by the
superintendent or his duly authorized agent, and upon approval of
the work, a release will be granted to the applicant. Until the
granting of such a release, the applicant shall remain liable for
proper guarding and protection as provided herein.
83-12. Revocation.
The superintendent, upon a finding that the issuance of a permit was
illegal or unauthorized or that the applicant has failed to comply with
any of the terms and conditions of the permit or of this chapter, may
revoke the permit, and the applicant shall thereupon, with all
reasonable speed, forthwith restore the highway to its former
condition.
83-13. Responsibility for damages; repair.
The person to whom such ,permit is issued shall be responsible for all
damages caused to public utilities and shall, under the supervision of
the superintendent, replace any cracked or ;damaged sewer pipe or
water main with new pipe and repair or replace damaged ditches,
curbs, sidewalks or other improvements so that they shall be in the
same or better condition after the excavation as before the
excavation.
83-14. Penalties for offenses.
A. Any person. who shall violate any of the provisions of this
chapter or shall fail to comply- with any condition imposed by the
permit or shall fail to comply with any lawful order of the
superintendent or to discharge any duty imposed by this chapter
shall, upon conviction, be deemed to have committed an offense
against this chapter and, upon conviction, shall be punished by
a fire not exceeding five hundred dollars ($500.) . Each day any
such violation shall continue shall constitute a separate and
distinct offense.
B. Any person violating this chapter shall be subject to a civil
penalty enforceable and collectible by the town in the amount of
five hundred dollars ($500.) for each such offense. Such penalty
shall be collectible- by and in the name of the town for each day
that such violation shall continue.
C. In addition to the above-provided penalties and punishment, the
Town Board may also maintain an action or proceeding in the
name of the town, in a court of competent jurisdiction, to compel
compliance with or to restrain by injunction the violation of this
chapter.
83-15. Waiving of insurance and bond requirements.
Upon special application made to it by any applicant for a permit
required under this chapter, and for good cause shown, the Town
Board may, in its discretion, waive any of the provisions set forth
under sections 83- 5 and 83-6 insofar as it may accept such other
insurance and/or indemnification documents as it deems appropriate -
under the circumstances.
JUNE 18, 1985 35
3.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
. Councilman Stoutenburgh, Justice Edwards, 'Councilman'Townsend, Supervisor Murphy.
This resolution was declared duly. ADOPTED.
SUPERVISOR MURPHY: Number 4 is 'to set a Public Hearing.
4. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
-RESOLVED that the Town Board of the Town of Southold hereby sets 3:30 P.M. ,
Tuesday, July 16, 1985, Southold Town Hall, Main Road, Southold,. New York, as
time and place .for a public hearing on the Draft Environmental Impact statement sub-
mitted by Thomas E. Samuels in connection with his Application No. 212 for a Wetland
Permit for permission to construct a concrete rip rap wall (revetment) at the west side
of. Narrow River Road, on Hallock's Bay, Orient,. New York. Alt persons interested in
said'matter should appear at. the time and place above specified.
4.-Vote of the Town Board: Ayes: Councilwoman Cochran. Councilman Sr..hondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman l ownsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . 'Number 5(a) and 5(b) is ,to accept a resignation and appoint
somebody.
S. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
(a)RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of Jane:Rousseau as Secretary to the Southold Town Conserva-
.tion Advisory Council, effective July ], .1985, and extends their sincere appreciation
for the time and effort Mrs. Rousseau devoted to the position:
5.-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.
5. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
(b)RESOLVED that the Town. Board of the Town of Southold hereby appoints Linda J.
Cooper as Secretary to the Southold Town Conservation Advisory Council, effective
July 1, -1985., at a fee of $20.00 per meeting.
S.-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 6 is 'the renewal of a trailer permit.
6. Moved by Councilman Townsend, seconded by Justice Edwards, it :was
RESOLVED that the application of Maddie Miles for renewal of a single family house
trailer permit, for trailer located at private road off north side Main Road, Mattituck,
New York, which permit expires on June 22, 1985,' be and hereby is granted for a
six (6) month period.
6.-Vote of the Town Board: Ayes: - Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY:.. Number 7 is lead agency in a proposed zone change.
7. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby declares itself lead
agency in regard to the .State Environmental Quality: Review Act in the matter of the
petition of Southport:.Development for a change of zone from "C" Light Industrial
District to "M-1" General Multiple Residence District, on property located south of
Main' Road .(NYS Route 25) ,'.on the westerly side of Sage Boulevard, Greenport, New
York, and consisting of 12.461 acres.
7.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED. .
SUPERVISOR MURPHY: : Number 8 is 'to transmit this petition.
8. Moved by Councilman ,Stou.tenburgh,. seconded by Councilman Schondebare, . .
WHEREAS, a petition has been received from Southport Development requesting a
change of zone on certain property at Greenport,. New York, from "C." Light Industrial
11jistrict to "M-1" General Multiple Residence District, now, therefore, be it
RESOLVED that the Town Clerk of the Town of SOuthold be and she here. by is directed
to transmit said petition to the Southold Town' Planning Board and Suftolk County Depart-
ment of Plannin all in accordance with the Code of the Town. of Southold th
and e
Suffolk County. Charter::
B.-Vote of the Town Board: Ayes: Councilwoman. Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Eduvards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to grant a Southold Senior Citizen bus trip. .
3.52 - JUNE 18, 1985
9. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
the Senior Citizens Club of Southold Township; Mattituck Unit,' to engage three buses,
at a total cost of $864.00, to-transport.,their group to the U. S. Merchant Marine ACadem}
at Kings Point,. New York, on Saturday, September 7, 1985, and be it further
RESOLVED that the group is 'granted permission to park their cars at the Senior/Youth
Center, Peconic; on that day.
9.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 we're holding (decision on Change of Zone petition
of Elizabeth J. Homan) . Number 11 is to accept. resignations from the Housing Comm e.
I1. MioveU- by Cuuncihtlau 1um,bt:,lli, set-olidEd 'iy cuu11%,11nuluaii %,UC11 aii, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret,
the resignations of James Litchult, James R. Bryer, and David J.S. Emilita, as members
of the Southold Town Housing Advisory Committee, .and extends the Board's deep
appreciation for the time and energy they have devoted as members of this Committee.
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.
12. Moved by Councilman Schondebare, seconded by Councilman Townsend, it was
(a) RESOLVED that the Town Board of the Town.of Southold hereby declares itselt lead
agency in regard to the State Environmental Quality Review Act in the matter of the
proposed Local Law entitled, "A Local Law in relation to requirements for highway
excavations."
12.-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.
12. Moved by Councilman Schondebare, seconded by Councilman Stoutenburgh, it was
(b) RESOLVED that the Town Board of the Town of Southold' hereby sets 3:00 P.M. ,
Tuesday, July 2,' 19851 Southold Town Hall, Main Road, Southold,. New York, as time
and place for a public hearing on a proposed Local Law entitled, "A Local Law in
relation to requirements for highway excavations," which reads as follows, to wit:
LOCAL LAW..NO. - 1985
A Local Law in relation
to requirements for highway excavations
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1 . The Code of the Town of Southold is hereby amended by adding a
new chapter thereto, to be chapter 83, to read as follows:
83-1 . Short Title
This chapter shall be known and may be cited as the "Highway
Excavation Law of the Town of Southold".
83-2. Definitions
For the purpose of this chapter only, certain words and terms used
herein are defined as follows:
HIGHWAY - All or any portion of any highway, street, sidewalk,
public place or right-of-way owned and/or controlled by the
Town of Southold, exclusive, however, of that portion of any
highway, street, sidewalk, public place or right-of-way situate
within the territorial limits of the Village of Greenport, and
exclusive of that portion of any highway, street, sidewalk,
public place or right-of-way owned and/or controlled by the
County of Suffolk or the State of New York.
PERSON - Any natural person, firm, partnership, association,
corporation, company or other organization.
SUPERINTENDENT - The Highway Superintendent of the Town of
Southold, New York.
TOWN - The Town of Southold.
TOWN BOARD - The Town Board of the Town of Southold.
83-3. Permit required.
A. No person shall remove from or deposit on any highway any
material or intentionally injure any highway or cause to be duq
JUNE 18; 1985 357
11 . This Local Law shall take effect. on its filing with the Secretary of,
State
12.-Vote of the Town Board: Aycs: Councilwoman Cochran, Councilman Schondebare,
(b) Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor. Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY Number 13 is to set another public hearing.
13. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 3:05 P.M.,
Tuesday, July 2, 1985; Southold Town.. Hall, Main Road, Southold,. New York, as
time and place for a public 'hearing on proposed Local Law entitled "A Local Law
to amend the Zoning Code in-relation to dwelling unit density," with reads as
follows, to wit:
LOCAL LAW. NO. - 1985
A Locaf Law to amend the Zoning Code
in' relation to dwelling unit density
BE .IT ENACTED by the Town Board of the Town of Southold as follows: (additions
indicated by underline; deletions by jbrackets])
I. Section 100-116 of the Zoning Code of the Town of Southold is hereby amended to
read.:as follows:
Section .100-:116. Dwelling unit :density.
Notwithstanding any other provision of this chapter, each dwelling unit 'in'a
multiple dwelling shall have [nine] twenty thousand '[9,000] 20,000 square feet
of land for each dwelling unit in'the .building where public water and public
sewer are not provided, and shall have [six] ten thousand [five hundred (6,500)]
(10,000). square feet of land for each dwelling unit 'in the building where public
water and public'sewer :are provided.
11. This Local Law shall take effect upon its filing with the Secretary of State.
13.-Vote of the Town Board: Ayes: . Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to authorize' the Fishers Island Ferry District
to hire a person.
_ 14. Moved by Justice Edwards, seconded by Councilwoman Cochran, .
WHEREAS, lone D. Norton, Office Secretary for the Fishers Island Ferry District,
retired effective June 1, .1985, and
WHEREAS, Mrs.. Norton has expressed a desire to continue her employment after
her retirement, an
WHEREAS, the Board of Commissioners of the Fishers Island Ferry. District, recognizing
Mrs. Norton's .quality performance of duty up to the date of her retirement, desires to
retain her services past June 1, 1985, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board
of Commissioners to rehire Mrs.. Norton, effective June 1, 1985' in the same status which
was in effect upon her retirement, May 31, 1985, at a salary of $8-.45 per hour.
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 grant permission to the Police Chief to attend
a conference.
15. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Police Chief H. Daniel Winters to attend the 1985 New York State Association of Chiefs
of Police Training Conference to be held at Buffalo, New York, on ugust. , 1985
through August 15, 1985, and the necessary expenses for food, lodging and travel in
an amount not to exceed' $50GAG shall be a legal. charge against the Southold Town
Police Department Budget.
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 we're going to hold (appoint individuals to the
Council on Veteran's Affairs) to. see if we could get the service clubs to get their
names in to us by next meeting. . Number 17 is 'a resolution recognizing the CETA
employment of Gerald . King in'qualifying for his retirement benefits.
17. Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby recognize's the years
Gerald C. King, retiring Cook for the Southold Town Nutrition Program,. worked as a
CETA 11 employee in that same position, beginning in 1974, thereby qualifying him to
receive paid hospitalization in" his retirement which is effective June 15, 1985.
17,-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared"duly ADOPTED.
35 8" JUNE 18, 1985
SUPERVISOR MURPHY: . Number 18 is another public hearing for the Southold Park
District.
18. Moved. -by _Supervisor Murphy,. seconded by. Councilman Townsend,
ORDER CALLING -FOR. PUBLIC: HEARING AND. ELECTION- - .IN* THE MATTER OF THE
CONSTRUCTION: OF -A BUILD.ING TO BE USED FOR PUBLIC RESTR OMS AT FOUNDER'S
LANDING PARK, .IN THE SOUTHOLD PARK DISTRICT.:
WHEREAS, the Board of Commissioners of the Southold Park Distric-
(the ."Park District" ) , in the Town of Southold (the "Town" ) , in the
County of Suffolk, New York, pursuant to resolution adopted and
subscribed by said Board of Park Commissioners on Mav 29, 1985 an
together with a petition in due form, duly submitted, to the Town
Board (the "Town Board" ) of the Town, has, requested the Town Board t,
appropriate $50,000 for the construction of a building to be used for
public restrooms at the existing Founder's Landing Park, in the Park
District, and to finance such appropriation by the issuance of
obligations of the Town in the principal amount of $50, 000, pursuant
to the Local Finance Law, and that to .pay the principal of and
interest on such obligations as 'the same shall become due and payable
a sum sufficient therefor shall be .levied and collected from the
several lots and parcel.s of land within the Park District, in .the same
manner and at the same time as other Town charges; and further, tha- .
the Town Board call a special meeting of the Park District for the
purposes of (i) holding a public hearing to hear all persons
interested in such construction, appropriation and financing and (ii)
voting upon a proposition therefor;
NOW, THEREFORE, IT IS
ORDERED, that a public hearing be held by the Town Board on the
16th day of July, 1985, at 4:30 o'clock P.M. (Prevailing Time) , at the
Southold Town Hall, Main Road, Southold, in the Town, to consider the
construction of a building to be used for public restrooms at the
Founder's Landing Park, the appropriation of $50, 000 therefor to be
financed by the issuance of Town obligations pursuant to the Local
Finance Law and the levy and collection upon the several lots and
parcels of land within the Park District, of a sum sufficient to pC
the principal of and interest on such obligations as the same shall
become due and payable,. in the same manner and at the same time as
other Town charges and,
ALL PERSONS desiring to be heard concerning the subject matter of
the above mentioned hearing will be given an opportunity to be heard
at the time and place aforesaid, and
IT IS
JUNE 18, 1985 359
FURTHER ORDERED, that;.:at, said .meeting, of the Town Board
hereinabove referred to, and following the public hearing held
thereat, there shall be submitted to the qualified voters. of the
Park District for their approval or disapproval by majority vote,- the
following Proposition:
PROPOSITION
SHALL THE COMMISSIONERS OF THE SOUTHOLD PARK DISTRICT
i �UHU(1Hr RIZED TO CONSTRUCT A BUILDINU
TO BE USED FOR PUBLIC RESTROOMS AT FOUNDER'S LANDING
PARK AND TO EXPEND THEREFOR NOT TO EXCEED $50,000, AN
APPROPRIATION IN SAID 'AMOUNT HAVING BEEN REQUESTED OF
THE TOWN OF SOUTHOLD (THE -TOWN" ) , TO BE FINANCED BY
OBLIGATIONS OF THE TOWN PURSUANT TO THE LOCAL FINANCE
LAW, AND AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF
AND INTEREST ON SUCH OBLIGATIONS BE LEVIED AND COLLECTED
FROM THE SEVERAL LOTS AND PARCELS OF LAND WITHIN THE
DISTRICT, IN THE SAME MANNER AND AT THE SAME TIME AS
OTHER TOWN CHARGES?
'Polls will be open at the Town Hall between the hours of 4:45
P.M. and 8:00 P.M.
AND, IT IS
FURTHER ORDERED that the Town Clerk is hereby authorized and
directed to cause a copy of this Order to be published once in the
SUFFOLK TIMES and in THE LONG ISLAND TRAVELER-MATTITUCK WATCHMAN, two
newspapers, each having a general circulation within the Town of
Southold, and, further, to cause to be posted a copy of this order on
the sign board of the Town and in five conspicuous public places
within the Southold Park District, at least one of each of such
publications and such posting to occur not less than ten (10 ) nor more
than twenty (20 ) days prior to such meeting, public hearing and
.votinq......
18.--Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: That last resolution was just one authorizing the Town Board
to authorize' or finalize' the bond resolution for the park district, this is the Southold
Park District matter in constructing new toilet facilities at one of their beaches.
Number 19 is to appoint Valerie Scopaz to a position on the Southold. Town Water
Advisory Committe(.. 1 offer that.
19. Moved by Supervisor Murphy; seconded by. Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints. Valerie Scopaz
as a member of the Southold Town Water Advisory Committee, effective July 3, 1985, for
a five year term to expire on July 3, 1990,. she to serve in this position without compen-
sation.
18.=Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
3 6 0 JUNE 18, 1985
SUPERVISOR MURPHY: Okay, at this time 1 would like to recess the Regular Town
Board Meeting and hold a public hearing.
Moved by Councilman Schondebare, seconded by. Councilman Stoutenburgh, it was
RESOLVED that this Town Board Meeting be and hereby is recessed at 3:35 P.M.
for the purpose of holding a public hearing on proposed "Local Law to amend the
SouLho,d Town code in relation to parking of. vehicles."
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 3:45 P.M.
SUPERVISOR MURPHY: We now return to the Regular Town Board Meeting and I'd
like to offer one resolution and that would be to authorize' the Supervisor to sign
aa_reement number 5 with the Cross Sound Ferry and Suffolk County. The Suffolk
County. Attorney has signed it already on a Community Development Grant for the
Job Development and Cross Sound Ferry. I offer that resolution.
20. Moved by Supervisor Murphy, 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 a Supplemental Agreement between
the County of Suffolk and the Town of. Southold, as part of the Suffolk. County Re-
vitalization Grant -Program -: Cross Sound .Ferny. Economic Development Project, providing
for a grant in' the sum of 51'00,".000.as a non-interest bearing loan in addition to the
regular fiscal 1983 Community Development grant heretofore allocated and approved in
the Agreement of April 25, 1583, . all in'accordance with the Supplemental Agreement.
prepared by the. County of Suffolk and approved as to form by County Attorney
Jackson on May .15, 1985.
COUNCILMAN SCHONDEBARE: Just note for .the record that the Town Attorney has
recommended--he has given us his recommendations in writing and I thank him for his
recommendations and I thank him for all his time that he put into this endeavor.
SUPERVISOR MURPHY: Likewise.
COUNCILMAN SCHONDEBARE: But we're going to disregard and do just the opposite
of what he told us.
SUPERVISOR MURPHY: Any other comments? j
COUNCILMAN SCHONDEBARE: Yes, I do this with great reservation.
20.-Vote of the Town Board: Ayes: Councilman Schondebare, Councilman Stoutenburgh,
Councilman Townsend, Supervisor Murphy. . No: Councilwoman. Cochran, Justice Edwards
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of our prepared and added-on agenda.
I'd like at this time to ask if any of the Town Board has any other comments, starting
on my left. Judge Edwards?
JUSTICE EDWARDS: Well, as Frank said; the commissioning of the new boat is
Saturday. The boat left Panama City, Florida, which is .up in the Gulf, around
4:00 o'clock last Thursday afternoon and when 1. left the Island Monday at noon-
time, talking with the Manager of the Ferry District, it 'hadn't been heard from
since. It has enough fuel on there, for more than a round-trip from Panama City
to New England and back again. It is supposed to arrive some time Friday or
Saturday. I hope it's there in time for the christening. But all is probably well.
It's a non-stop, direct--they're out of sight of land most of the time. It's ,from
Panama City, which is up in' the Gulf, around Key West and then all the way up
to Long Island Sound, so I would say about right now they're probably off of maybe
Cape Hatteris or Virginia,' some place in there. .Thank you, Frank.
TOWN ATTORNEY TASKER: To allay your nerves, I just talked to the Manager,
she's off South Carolina, all's .well. Expect her in Race Point tomorrow night.
SUPERVISOR MURPHY: Jean? . (Nothing, thank you, Frank,.) Paul?
COUNCILMAN STOUTENBURGH : . Nothing, except I know there. are some people in
the audience concerned about this public hearing which we just had. This will be
taken into consideration with the notes that we've got and the letters and the thoughts
of the Town Board and a decision will be coming on this on our July 2nd agenda.
It's an evening meeting, by the way.
SUPERVISOR MURPHY: Joseph? (Nothing, Frank.) Jay? (Nothing, Frank.) Okay,
at this time I'd like to ask anyone in the audience if they would like to address the
Town Board? If not, I'd like a motion to adjourn and we will continue on with our
study of the Master Plan.
JUNE 18, 1985 361
Moved by Councilman Stoutenburg-h,,";aecorided. by Councilman Schondebare, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 3:55 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.
WORK SESSION
4:00 P.M. - The Board discussed a letter received from S. Robert Kroll, Attorney
for Pudge Corporation (James L. Gray) , relative to the annual lease with the Town
for the parking field on the north side of Main Road, Southold, wherein they request
the renewal of the lease on a one year basis with option to either party to cancel the
lease upon one month's notice to the other. The Board agreed to these terms and
the Town Attorney will prepare a new lease for the Board's approval at the July 2nd
meeting.
Judith T. Terry
Southold Town Clerk