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HomeMy WebLinkAboutTB-06/10/1985-S 337 a• SOUTHOLD• TOWN BOARD SPECIAL MEETING JUNE 1.0, 1985 A Special' Meeting of the Southold Town Board was called to order by Supervisor Francis 'J. Murphy at 8:30 A.M. , Tuesday, June '10,' 1985 at the Southold.Town Hall, Main' Road, Southold, New York.' Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. - Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran ' Town Clerk Judith T., Terry Absent: Justice Raymond W: Edwards SUPERVISOR' MURPHY: The first resolution is we have to send the Home Rule Message. up to the Senate and to the Assembly. The reason is 'there. is no time whatsoever for Joe Sawicki to get any amendment in; printed up, acted upon and then to get a Home Rule Message, back out. If we don't send the Home Rule Message up we're lout of any chance. He doesn't know what Ahe results will be. Ken LaValle feels that it •will 'come!out .of the Senate and be. voted upon. The Assembly, they're not sure, and Joe seeips to be more concerned with the Governor that he might not sign any bill ' like this 'because of setting a precedent, but also it might work the other way where they're threatening to get federal funds cut off, that they'll .let the local districts or towns,, counties, raise their 'own'funds. So, it's .a gamble. . No idea what's .going to happen. COUNCILMAN SCHONDEBARE: . Now, we were supposed to put-it'in the hopper and then amend it any time thereafter and now---. SUPERVISOR MURPHY.: Well, it's '.in; but we need the Home Rule Message--- COUNCILMAN SCHONDEBARE: Yes, but now there's .a deadline and I was never told that there• was a deadline. We were told we could amend it=-put it in the hopper and we could amend it thereafter. SUPERVISOR' MURPHY: But in order for him' to act upon it--they're going out of business fairly soon. COUNCILMAN SCHONDEBARE: Yeah, I finally figured -it 'out. Yes, they sit six months out of the year and if 'they don't have it now, that's the end of it. But that's .not what we were told to begin with. .We spent a lot.of 'time amending this 'bloody thing and now all of a sudden we're told that we have to have it 'done. SUPERVISOR MURPHY: . This is as written, as Southampton's,. East Hampton's and Brookhaven's, I believe. They .have got the exact same. COUNCILMAN SCHONDEBARE: It's still $1-00,000, $25,000 on the price tags. COUNCILMAN STOUTENBURGH: So- moved then. COUNCILMAN SCHONDEBARE: I've got my problems with it.' I didn't vote for it the first time and I amended it and the amendment's..gone by the wayside, so-- 1 don't .like it. The concept is 'a good concept, but I still have problems. COUNCILWOMAN COCHRAN : Second. 338 JUNE 42 , 1985 1. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that pursuant to Article IX of the Constitution, the Town of Southold requests the enactment of Senate bill ' No. 5514, entitled "AN ACT establishing the Southold land preservation bank to preserve, acquire, hold and manage certain real property in the .town of Southold,. county of Suffolk and providing for the repeal of. certain provisions upon expiration thereof." It is hereby declared that a necessity exists for the enactment of such legislation, and the facts establishing such necessity are as follows: . The Town Board does not have the power to enact -such legislation by local law. COUNCILMAN SCHONDEBARE: For the record I'll .tell you what my problems are with this bill: I think $100,'000 is too low and I think the $2,5,'000 on a vacant pieFe of property is 'too low. I don't like the terminology ins the bill that says ��icy be src�+��� evnA +ha+ ;s +ha ?_R may hp. „nent for open space, housing, etc. 1- think that should be changed to v shall be";.. because I think its .just another taxing mechanism. 1'm. not. too sure we want housing in'this bill: It's .supposed to be open space as I understood it. Especially from. Nantucket. Now, somebody changed it. I think somebody over in' East Hampton or Southampton changed the bill; because if l remember correctly,. Nantucket bilF that this'modeled on; didn't . have housing in* it 'and somebody in'Southampton, as I say, or East Hampton, put housing in this thing and it 'wasn't that way originally. SUPERVISOR MURPHY: From what I gather from Bob, and this. changes all the time, was that we can, once the law is passed, we can--the part on' $100,000 or $2:5,000.,. your. concerns on housing, on how we use it 'for, is 'up to the Town after we have the authority to tax. COUNCILMAN SCHONDEBARE: . That's .not the way l understand it. My under- standing is ;that this will be a State law and the only waY--7. SUPERVISOR MURPHY: To give us the power to tax. COUNCILMAN SCHONDEBARE: I think it's .to give us the power to tax in the form in'which this law is put in' and l don't think we can amend and modify this ' law based on passing a resolution. I think the only way you can amend and modify this law is to go back up to Albany and ask them---. . SUPERVISOR MURPHY: When Fred Thiele was over that time and with Bob, that this is how I understood you could do it: But there again' this -changes daily--- my opinion was that we can, as long as we get the law, to give us the authority to provide a tax on a real estate transaction, that we could then decide how we're going to collect it and all that, because there again'there was another thing--who was going to collect it? And that's----. COUNCILMAN SCHONDEBARE: That's `my other problem. . That Commission is so powerful in this thing as opposed--the amendment that I did' I took the Commission totally out and put the Town Board in'. COUNCILMAN TOWNSEND: Well, we can name the Town. Board as the Commission. COUNCILMAN SCHONDEBARE: I think you're going to have to. SUPERVISOR MURPHY: But .[ think this is all done after. the authority to raise the tax is done.. . This 'iswhat I got from Bob a couple times in'talking to 'him. COUNCILMAN SCHONDEBARE: If that's .it, then I really can't oppose it in'that sense, but I just don't think that's ,the case. SUPERVISOR MURPHY: I know that there were concerns, but I 'do think it is; Jay, but again this; as it has many times, changed----Okay, any other questions on it? COUNCILMAN SCHONDEBARE: And the bonds. I have problems with that too. This thing -sunsets in 1995 'if there's .no bonds. I don't understand that. Why it sunsets in' 1.995 if there are no bonds outstanding. In other words, if 'we don't bond, we're still' collecting the money and we're taking the money and we're buying property with it, why shouldn't it 'keep going past 1995? The way it's .worded is that in' 1995 if there are no bonds outstanding then this sunsets. That doesn't make sense to me. SUPERVISOR' MURPHY: A lot of taxing laws do that. Remember they were just trying to wipe out some of the taxes on alcohol and cigarettes and. New York was cutting back. There was a big' battle. The Governor wanted to keep some of these taxes and I guess the Senate said; no, we don't want the taxes. Remember when they were doing the budget? . COUNCILMAN SCHONDEBARE: I can see them doing it, 'but I don't see why the drafters of the bill'did it that way. It doesn't make sense to me. Why it even has a sunset. JUNE 4, 1985 339 SUPERVISOR MURPHY: 1 think maybe you have to. I don't know. Maybe you. have to. COUNCILMAN SCHONDEBARE: Why with bonds? it would be sort of like if there's no money in the till or if you decide to disolve the whole thing, why make it revolve around bonds? I don't understand that. So I said-'my piece. a. SUPERVISOR MURPHY: Okay. Any other questions anyone? .(No response.) Let's vote. 1.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenburgh,, Councilman Townsend, Supervisor Murphy. . No: Councilman Schondebare. This 'resolution' was declared 'duly ADOPTED. SUPERVISOR MURPHY : Okay, that was the one on the Senate. This is the Home Rule Message to the Assembly. I offer that resolution. COUNCILMAN STOUTENBURGH Second. 2. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it 'was RESOLVED that pursuant to Article IX of the Constitution, the Town of Southold requests the enactment of Assembly bill. No... "6370, entitled "AN ACT establishing the Southold land preservation bank to preserve, acquire, hold and manage certain' real property in the .Town of Southold, County of Suffolk and providing for the repeal of certain�provisions upon expiration thereof." It is hereby declared that a .necessity exists for the enactment of such legislation, and the facts establishing such necessity are as follows: The Town Board doe snot have the power to enact ,such legislation by local law. COUNCILMAN SCHONDEBARE: Likewise my comments apply to this resolution.as to the former one. 2.=Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy, . No: Councilman Schondebare. This •resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay,. Number 3 is 'lead agency on Fishers Island Elizabeth Airport. 3. Moved by Councilwoman Cochran, seconded' by Councilman Stoutenburgh, it 'was RESOLVED that the Town Board of the Town of Southold hereby-declares. itself lead agency in regard to the State. Environmental Quality Review Act in the matter of the proposed project 'for the rehabilitation of existing runways at Elizabeth Field, Fishers Island,. Town of Southold,. Suffolk County,..New York, as provided for in the Federal Assistance Grant, Airport Improvement Program, New York State Depart- ment of Transportation, Federal Aviation Administration. SUPERVISOR MURPHY: Any questions on it? 3.-Vote of the Town Board.: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Councilman:Town send,-,:Supervisor Murphy. ;:' .::.... This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 4 is 'to rescind a resolution on the Local Law on regulating horses. 4. Moved by Councilman Schondebare, seconded by Councilwoman Cochran, it 'was RESOLVED that the Town Board of the Town of .Southold hereby rescinds their Resolution. No. 27, adopted on June 4, 19851 setting 3:40 P.M. , Tuesday, June 18, •1985, Southold Town Hall, as time and place for a public hearing on a proposed Local Law entitled, "A Local Law to provide for the regulation of Horses." (This proposed Local Law' must first be transmitted to the Southold Town Planning Board and Suffolk County Department of Planning .for their recommendations.) 4.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Councilman .Townsend, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: . Number 5 is to declare lead agency on the Local Law. 5. Moved by Councilman Townsend, seconded- by Councilwoman Cochran, it was RESOLVED that-the Town Board of the Town of Southold hereby declares itself lead agency_ in:regard to the. State Environmental Quality Review Act in the matter of the proposed Local Law entitled, "A Local Law to provide for the regulation of Horses. 340 JUNE 4, 1985 5.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman .Schondebare, Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY': . Number 6 is to transmit the Local Law to the Town and County Planning Boards. 6. Moved by Councilman Townsend, seconded by Councilman Schondebare, WHEREAS, a proposed Local Law entitled, "A Local Law to. provide for the regulation of Horses," has been presented to the Town Board of the Town of Southold on the 4th day of June, 1985, and the 10th day of June, 1985, and WHEREAS, this proposed Local Law pertains to an amendment of Chapter :100' (Zoni ) of the Code of the Town of Southold, now, therefore, be it RESOLVED Ifld'C 1fIC Town c,iCi K be t3ilu DA-,C IICI Cvy IJ tJII CI.LCu w r.t ai1Z1ut< Ltua proposed Local Law to the Southold Town Planning Board and Suffolk County Depart- ment.of Planning all in accordance with the Southold Town Code and Suffolk County . Charter. 6.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy. This 'resolution- was declared duly ADOPTED. SUPERVISOR' MURPHY: Okay, being that that's .all that we called this 'meeting. for, 1 move to adjourn. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was RESOLVED that this Special Town LBoard meeting be; and hereby .is .adjourned at 8:55 A..M.. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Councilman Townsend, Supervisor Murphy. This 'resolutiori was declared duly ADOPTED. Judith T. Terr yd Southold Town Clerk 'w l t t r