HomeMy WebLinkAboutTB-03/13/1984 53
SOUTHOLD TOWN BOARD
March 13, 1984
WORK SESSION
2.:00. P.M. - ,Harold Dombeck, P.E., and. Gary Loesch, P.E.', Holzmacher,
McLendon & Murrell, P.C.,. met-with the Town Board to discuss the bid
proposals for the. construction of the Southold Scavenger Waste Facility.
The bids received were higher than anticipated by 112M's� cost estimates
prior to receiving bids. . Concrete costs, labor. and overhead costs are
higher due to the relatively distant location of Greenport from each of the
bidders. The Town has four alternatives, concerning the present grant:
(1) rebid; the project as-is;' (2) redesign' .the project and rebid; (3). cancel
the project, or (4) apply for a, grant increase and then proceed with the
project based on an increase. H2M recommends an application for a grant
increase. After considerable discussion, it 'was the concensus of the Board
to place resolutions on the agenda authorizing a letter to the DEC requesting
a grant increase, and letters to .the bidders requesting a 45 day extension
for awarding the bid:
2:50 P.M. - Planning Board Chairman Henry E. Raynor, Jr. met with the
Board to discuss the Relief Petitions of Norkus and Simon. Mr. Raynor
advised the Board that the Norkus petition was held up by the Planning -
Board while: resolving questions concerning the proposal that the Planning'
Board. had, and Mr. Norkus diligently pursued his petition for a minor
subdivision and therefore the Planning Board recommended approval .of the
Relief Petition. In the matter of Simon, their 'proposals were put forth and
withdrawn at least twice.--Betty Simon Meade was in the audience and advised
the Board that (1) in' 1980 the minor subdivision petition was withdrawn when
her uncle, Arthur Simon, decided to subdivide more acreage on the sound,
and (2) in 1982 a new petition was withdrawn when Attorney Wickham decided
to set-off the family house,. and (3) in. October of 1982 a new minor subdivision
proposal was submitted to the Planning Board.--The Board decided they would
like. to. review .the entire Simon file and will requested Planning Board Chairman
Raynor to provide them with same.
3:15 P.M. - Town Historian Magdaline Goodrich met with the Board to discuss
the proposal to ship Southold Town's Heritage Quilt to England this year for
..display. Mrs. Goodrich strongly recommended against such a proposal. The
quilt is very fragile and, cannot be replaced. Further, she has been in the
Town Hall in Southwold, England, and failed to see where they would find room
to display the quilt. Mrs. Goodrich was assured the quilt would not be sent
to England under any. circumstances.--.Mrs. Goodrich then advised the Board
that she has done extensive research for preserving the quilt and-the most
logical solution would be to enace it' in* flexible plexiglass. Further study will
be done on •this 'proposal.-=,The matter of a Town Flag, with the Town Seal
thereon,. was discussed. . Councilman Schondebare favored a. contest to design
such a' flag ;and he was formally designated Chairman for the project.--Mrs.
Goodrich asked that, in the future, if 'anything pertaining to the office of the
Historian is to be discussed, she be invited to attend those discussions. She
also requested, copies of all minutes and notification when new. committees are
formed.
-3:30 P.M. Mr. Beverly Smith of the Greenport Housing Alliance was present
when the Board discussed the proposal for the Town to provide approximately
2500 yards of fill to bring the Capiobanco housing site to flood plain level.
This would constitute an approximate $15,000 gift from the Town to the Village;
the funds for which would most likely come from Southold Town Community
Development Funds. However, the Town would possibly benefit by the construction
of 16 low income housing units on the site, which would be available for rent by
Southold Town residents. There will be further study on this proposal.
3:45 P.M. - Attorney Abigail Wickham met with the Board to discuss her
request for an extension of time for the demolition of reconstruction of the
Orient Point Inn by Nicholas Schick.. Mr. Schick has applied to the Planning
Board for a cluster development and he is on the Planning Board April 9th
agenda for sketch plan approval, and site plan approval for the Inn parcel.
It is unlikely Mr. Schick will be permitted to reconstruct the Inn as it presently
is, and would most likely'. construct a smaller Inn in its place. However, she
54 MARCH 13 , 1984
requested an extension to allow for such a decision to be made. The Board
generally favors demolition of the Inn, and advised they would give-Mr. Schick
a 45 day extension from March 1st, to return to the Board with a .demolition
or reconstruction plan.
3:55 P.M. - The following Off-Agenda items were discussed: (1) Letter from
Islip Town Supervisor Michael A. LoGrande proposing a lobbying trip to
-Albany by Suffolk County Supervisors for an increase in the State Revenue
Sharing Program for the Towns.. (Supervisor Murphy to go (March 19th)--see
Resolution No. 25. (2) Letter from Assemblyman John L. Behan relative to a
bill pending before the New York State Legislature to- establish a town land
preservation bank in Southampton, funded by a 2 0 levy on transfers of real
property within the town. The Board would like Southold Town included. in
this legislation and placed Resolution No. 34 on the agenda to that effect.
(3) Proposal from Walter L. Smith, President of the Greenport Aquaseum, to
manage Southold Towns• .clam program. (The proposal was not what the Board
had in mind and will so advise Professor Smith. Further, the Board will request
Paul Flagg, who .managed last year's program, to meet with them at the March
27th work session.) (4) Letter from the Town Trustees asking the Board to
.amend the Shellfish Ordinance to include the use of a measured bag for the
harvest of scallops to substitute the bushel basket. The Board does not
understand the necessity for this since a measured bag and a bushel basket
would both contain a bushel, and might be a hardship on some individuals.
The Trustees will be requested to furnish a further explaination for this'
request: (5) Letter from Court Reporter, Myrtle.-Kiefer- to Justices Tedeschi
and Price requesting increase of $10. 48 per week.' The Board is not opposed
to such an increase. (6) Letter from the Village of Greenport requesting the
Board to enforce the permit of Eastern Long Island Kampgrounds which re-
quired fencing along the border of property owned by the Village in the Moores
Woods area. The Board requested Town Attorney Tasker to send a letter to
Mr. Wilton,, owner of the Kampgrounds,. concerning, compliance with the permit.
(7) Announcement .from the Cooperative Extension of a workshop for Town
Trustees and other town officials interested, in'the State Environmental* Quality
Review Act - Monday, April 9, 1984, from 7:30 to 10:'00 P.M. (8) Memorandum
from Secretary of State Gail Shaffer advising of workshops on the Uniform Fire
Prefention and Building Code (May 23, 1984 at Suffolk County Legislative Build-
ing; Auditorium, Hauppauge) . (9) Parcel of land at the corner of Route 25 j
and Chapel Lane which is. coming up for tax sale at -a cost of $3,000. This will i
be closely watched for possible purchase by the Town. (10)' Letter from Town
Justice Edwards' requesting a small boat for the Fishers Island Bay Constables,
as well as six more channel markers and reflector tape.
EXECUTIVE SESSION
4:30 P.M. Councilman Schondebare brought to the Board's attention the possible
availability of a parcel -of land for purchase by. the Town.
4:45 P.M. - The Board audited the outstanding vouchers, and discussed the
Sanitation Supervisor position appointment.
5:45 P.M. - Work Session adjourned.
REGULAR MEETING
' A Regular Meeting of the Southold Town Board was held at 7:30 P.M.;
Tuesday, March 13, 1984, at the Southold Town Hall, Main Road, Southold,
New York.. Supervisor Murphy-opened the meeting 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
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: At this time I would like to entertain'a motion to
approve the minutes of the February 28th and 29th Regular Meeting.
MARCH 13, 1984 55
Moved by Councilman Townsend, seconded by,`Justice Edwards, it "was
RESOLVED that the minutes of the Regular Meeting of the Southold Town
Board held on February 28 8 29, 1984,be and hereby are approved.-
SUPERVISOR MURPHY. Any questions on them?
COUNCILMAN SCHONDEBARE: Yes, I think. on page 13 1 was given credit
for what Paul said'with regard to the backfill
TOWN CLERK TERRY: Okay, I will'correct that.
SUPERVISOR MURPHY: Stand. corrected.
COUNCILMAN SCHONDEBARE: Shows you I read them.
SUPERVISOR MURPHY: Very good. Ray, all right .as amended?
JUSTICE EDWARDS: Yes.
Vote of the Town Board: Ayes: Councilman Schondebare, 'Councilman
Stoutenburgh, Justice.Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, I would also like to have a motion to approve
the audit of today's bills.
Moved by Councilman Schondebare,, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $48,091.88;' General Fund
Part Town bills in the amount of $16,009.98; Highway Department bills_ in.
the amount of $30.,636.45; Fishers Island Ferry District bills in' the amount
$25'.171.12; Capital Account-Agricultural Land Rights bills in'.the amount of
$80'.19; 'Capital Account-Land fill' Building 8 'Equipment bills in the amount of
.$700.00; Landfill' Collection Center bills in`the amount of $2.79.98; Scavenger,
Waste Treatment Plant bills in*the amount of $1,041.52.
SUPERVISOR MURPHY: Any questions on any of them?
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: The :next meeting date 1 would like to establish as
March 27th, 1984, at 3:00' P.M.
Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it 'was
RESOLVED that the next Regular Meeting of the Southold Town Board will 'be
held at 3:00' P.M., Tuesday, March .27, 1984, at the Southold Town Hall; Main.'
Road, Southold, New York..
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED. .
SUPERVISOR MURPHY: We'll .move on to the first item in the agenda, Reports.
I. REPORTS.
SUPERVISOR MURPHY: 1. Assessor's monthly report. - February 1984..
All of these reports are on file in the Town Clerk's Office.
2. Supervisor's .monthly report. for the month of February 1984.
3. Justice Price's ,report for the month of February 1984.
4. Building Inspector's. monthly report for February '1984.. There were
43 building permits issued in'the Town. We are growing.,
5. Town Clerk's monthly report. - February 1984.
6. Year-end financial report, as of December 31, 1983. - Supervisor.
7. Annual report of the Fishers Island Ferry District - 1983.
8.' Police Department's monthly, report - February '1984.
Any of the Councilmen have any questions on them? (No response.)
9. Town Trustees' monthly report - February 1984.
10.. Town Justice Tedeschi's monthly report - February :1984.
11. A new organization that's working in the Town to meet the "nutrition
and hunger needs problems on the east end - Long Island Cares, Inc.
12. Long Island Cablevision monthly report - February 1984. We will
mention it later, but also there is "a-hearing tomorrow, public 'informatiornal
meeting, in the Rec Center at 7:30." Ann Dalton from the Cablevision
Commission - New York State, will be there with some member of her staff,
as well as the representatives of Times Mirror. Please attend. If anybody
has any comments on" cable TV let us know. We're in'the process of negotiating
the new. contract.
56 MARCH 13 , 1984
13. Fishers Island Ferry District's monthly report - February .1984.
14. Highway Department's monthly report - February 1984. -=
15. Home Aide Program report for February 1984.
16. Councilmen's reports. 1'd like to start on my right. Jay, do you
have anything to report?
COUNCILMAN SCHONDEBARE: No, Frank,. I don't.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: Just*one thing. We have scheduled a meeting with
some of the parents of the people that were promoting a swimming program for
the handicapped at the last Board meeting--two meetings ago--for Friday this
week. The goal is to try- to 'determine; based:•on,.,demographics and .the need that exists in the Town, what we can do in' terms of an overall program,. and
develop a funding source --for--that program. That's it,' Frank.'.
.. f
SUPERVISOR MURPHY: Okay.. Paul? --
COUNCILMAN STOUTENBURGH: Nothing.
SUPERVISOR MURPHY: Judge Edwards?
JUSTICE EDWARDS: Nothing, thank you.
SUPERVISOR MURPHY: On the Supervisor's report, there was quite a bit 'of
activity in the last two weeks. :I mentioned cable TV. A attending a CAST
meeting. We are making progress there and they would like to report: that they
a an excellent Christmas Program and a very .large increase in the amount of
donations given to CAST. We are also meeting with the--as Joe mentioned--with
the parents of children--handicapped, children. Also, on Monday there will be a
meeting with the Recreation Department head of Riverhead and Southampton. We
would like to start, maybe, a similar program in Southold Town. There is a .
definite need. I'd like to find out what's .involved and. how it could really fit
into our, community. We are also going to set up interviews with five firms or
individuals that submitted resumes to my office for a planner. Hopefully we'll
have the town planner on line fairly soon, and then we'll .work on staffing the
office, which is `greatly understaffed and we're missing quite a bit.
II. PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to the second item on the agenda, Public
Notices..
1. Notice of Complete Application•.of Eugene Burger, Pequash Avenue,
Cutchogue, to subdivide a 26,100 square. foot lot. containing 2 existing residences
into a 14,600 'square foot lot and a 11,600 'square foot lot each having approx-
imately 80 percent of its area landward .of the 10 ft.• contour elevation above mean
'sea level in' which'existing residences and associate structures are located or to
be relocated (beyond NYSDEC jurisdiction) . Project site is 'on the west side of
Eugene's Creek,. east of Stillwater Avenue at Track Avenue intersection, Cutchogue,
New York. Comments to New York State DEC by March 23, 1984.
2. Date• change from the Cooperative Extension and it's on April 2, 1984,
a Workshop to discuss TDR's, overview of TDR's, and. clustering concept, and
if anyone in the Town is interested, it's .going to be held on April 2nd,. 7:30
to 10:00 o'clock at the Coop Extension Office, 246 Griffing Avenue, Riverhead.
There is another one which they are having which is for Town Board
members.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: We will move on to Communications. There wasn't much
communications this week--these two weeks:.
• 1. From our Assemblyman Joe Sawicki'. I wanted to put it on, really, just
so that people would know of the work that Joe is doing, and the date has passed.
We did' notify any of the Board members who wanted to go, and it was on Friday,
March 9, 1984 in' Riverhead County Center from 6:00• to 8:09 P.M., in conjunction
with Senator Ken LaValle and Assemblyman John Behan to hear--it was a Listen-I n--
to hear the views and concerns of the people in the district.
2. Letter from the BOCES thanking the Town Board, on behalf of the
students and staff of the Harry Ward Occupational Center, for proclaiming
February 12th to 18th as Vocational Education Week.' They appreciated our
support.
SUPERVISOR MURPHY; Number IV, we have four hearings starting at 8:00
o'clock, so we'll move on and start on the resolutions first, and then recess
at 8:00 o'clock.
The first one we are going to hold off, we need a little more research on,
and expect to fill this position early next week,' and we'll probably have a special'
Town Board meeting for that. (Appointment to the position of Sanitation Super--
visor.)
MARCH 13 , 1984 C
Number: 2,; Paul do you want to repprt on that--the recommendation for the `!
Solar Energy Commission'. and you want to give the Board your recommendation. i
COUNCILMAN STOUTENBURGH: Yes. We met with these two people, Jay
Schondebare and myself, and we find every time we have these interviews we
find better and better people out in the audience. It's remarkable to see the
people coming forth. One is an architect and the other is a man who. spent
twenty-five years or so with Sperry Gyroscope, so we have some topnotch
people in the community, and these people that applied for the Solar Energy
Commission, which is a commission the County has to keep the Towns updated
on events of solar energy. We decided that Donald G. Feiler, the architect
from Mattituck, would be the appropriate person to fill ,this particular position.
2. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town- of Southold hereby appoints
Donald G. Feiler as Southold Town's representative to the Suffolk .County Solar
Energy Commission, effective this date, with no salary for the position.
SUPERVISOR MURPHY: Any questions on it 'at all? (No. response.) , I appreciate
you people taking the time to interview. .
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3,1 will fill you in'.
Moved by Supervisor Murphy---
RESOLVED that the Town Board of the Town of. Southold hereby creates the
position of Ordinance Inspector for the Town of Southold, and sets a salary--
my recommendation would be $20,000.00 'per year. This is approximately $2500
in addition to the man's salary who is 'on the list for this, but we have to give
a salary range to Civil Service when we apply for the position. Do you want
to second it, or do you want to discuss. it further?
COUNCILMAN TOWNSEND: This 'is the first time we've seen it.
COUNCILMAN SCHONDEBARE: Yes'. Did you say $20,.'000?
SUPERVISOR MURPHY: The present salary of that man now is '$17,390.00 or
something like that--a. little .over $2500.. for the added responsibility of the
compliance officer.
COUNCILMAN SCHONDEBARE: Why?
SUPERVISOR MURPHY: For the additional duties, and we wanted to bring the
salary up closer to be competitive with the other towns. He was-quite a bit
less, and there was a very good, chance that we'd lose him'.
COUNCILMAN STOUTENBURGH: I thought that he was leaving.
SUPERVISOR MURPHY: Not definitely, no. I think he will' stay.
COUNCILMAN SCHONDEBARE: What does an Ordinance Inspector do? Inspect
ordinances?
SUPERVISOR MURPHY: No, this is 'to issue the Appearance Tickets on the
Local Law that we had passed.
COUNCILMAN SCHONDEBARE: We had passed the Appearance Tickets for
purposes of cutting down on the paperwork in the Building Department. 1
mean, Victor came in and said'that it 'takes too much time to draw up a long
'form information and present it to the Justice Court, so this way we're doing
Appearance Tickets, and cut down on paperwork.' If it cuts down on paper-
work and his time, why are we paying him' more money?
SUPERVISOR MURPHY: You're not cutting down on hispaperwork, on his
time. You're giving him added duties to do. You want to hold it; you want
to discuss the salary further? In order for, us to go to Civil Service for the
list we have to set a salary at the time. Now, do we have to pay that salary,
Judy?
TOWN CLERK TERRY: Well, if you call for a list at that salary, yes, you would
have to pay it.
SUPERVISOR MURPHY: Bob, do you have to ,pay the exact salary that you
ask Civil Service? Can you pay more or less?
TOWN ATTORNEY TASKER: You're advertising for a position at a certain
salary-. That's what you have to pay. `
58 MARCH 13 , 1984
SUPERVISOR MURPHY: Okay, so.this is why we have to have a salary in here,
Jay.
COUNCILMAN SCHONDEBARE: Yes, but we gave the Building Department the
authority--we passed that also--we gave them the power to give Appearance
Tickets, so we don't have to create a position to give Appearance Tickets,
because we gave them the power..
SUPERVISOR MURPHY: We have to give the power to one person to give the
ticket out.
TOWN ATTORNEY TASKER: No, that's not true.
COUNCILMAN SCHONDEBARE: No.
TOWN ATTORNEY TASKER: The Local Law permits Appearance Tickets to be -
issued -by any Building Inspector.
SUPERVISOR MURPHY: I was under the impression that we wanted to have one
person only give--be able to give these summons out.
COUNCILMAN SCHONDEBARE: Well, we can designate one person. I don't see
why we have to give him more money.
SUPERVISOR MURPHY: 1 think Civil Service you have to go by the .list then.
We have to appoint him' from the list.
COUNCILMAN SCHONDEBARE: Let's table it and get a little more information
on it.
SUPERVISOR MURPHY:. Okay. Number 4 is lead agency.
4.. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town 'of Southold hereby declares itself
lead agency in regard to the State Environmental Quality Review Act in the
matter of the petition of Horton Construction Co. for a Change of Zone from "A"
Residential and Agricultural District to 1113-1" General Business District on certain
property located west of Cox's .Lane, and north of Route 25, Cutchogue, New York.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is to send the petition for a Change of Zone
to the Town Planning Board.
5. Moved by Councilman Schondebare, seconded by Justice Edwards, .
WHEREAS, a petition was received from Horton Construction Co. for a Change
of Zone from "A" Residential and Agricultural District to "B-1" General Business
District, on certain'property located west of Cox's Lane and north of Route 25,
Cutchogue, New York,. now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is directed to transmit this
petition to the Southold Town Planning Board and Suffolk County Department of
Planning in accordance with the Southold Town Code and the Suffolk County
Charter.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 6 is a trailer renewal.
6. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the application of Florence Steiner, for renewal of her single
family house trailer permit,' which expires on March 12, 1984, for trailer located on right-of-way off southeast. side of Main Road, Mattituck,. New York,. be and
hereby is granted for a six' (6) month period.
SUPERVISOR MURPHY: Any questions?. (No response.)
Vote of the Town Board: Ayes:' Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
MARCH 13, 1984 59
SUPERVISOR MURPHY: Number 7 is also another trailer permit. These have
to be done every six months, they have to be renewed. These two in particular
were pre-existing zoning and it's just a continual renewing that the people have
to do.
7. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it was
RESOLVED that the application of Walter and Frank Sawicki, for renewal of their
single family house trailer permit, which expires on March 23, 1984, for trailer
located at north side of Old North Road, Southold, New York, be and hereby is
granted for a six' (6) month period.
SUPERVISOR MURPHY: Any questions on it? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards,' Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Judy, on this Number 8, how long of an extension?
TOWN CLERK TERRY: I don't know. His permit 'with the Army Corps is good
until September of 1984. Maybe you. could. coordinate it with that.
COUNCILMAN TOWNSEND: How long is the normal permit? Twelve months?
TOWN CLERK. TERRY: Yes.
SUPERVISOR MURPHY: Do you want to give him six months?
COUNCILMAN STOUTENBURGH: I would like to ask a legal question here.
Bob, can you ask for an extension on a permit? I thought it was that when
a permit was finished you had to reapply. .
TOWN ATTORNEY TASKER: Well,- 1 don't think there's .anything illegal
about applying for an extension, but the permit, by its terms, expires,
think it's one year. This is in the discretion of the Board as to whether
or not you wish to have a new permit applied for, or whether or not you
wish to extend the existing permit.
COUNCILMAN STOUTENBURGH: I thought you told us, as Trustees, that we
had- to cask for a new permit.
TOWN ATTORNEY TASKER: I said'that you, can put a term beyond which
the permit expires, and then request a new permit._ I did' not say that you
could not extend it.'
COUNCILMAN STOUTENBURGH,. That's .what I'm..clearing up right now.
SUPERVISOR MURPHY: All right, Bob,, could we extend this then--the Army
'Corps gave him* a permit for one year from September 1983. Can we go to
September of 1984?
COUNCILMAN STOUTENBURGH: That would get through the summer.
TOWN ATTORNEY TASKER: When -does the permit `expire?
SUPERVISOR MURPHY: May 1Oth of :1984 it expires.
TOWN ATTORNEY TASKER: The present permit.
SUPERVISOR MURPHY: Right. We extend it 'to September 1984. Make it
September 10th.
8. Moved by Justice Edwards, seconded by Councilman Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold hereby grants the
request of Costello Marine Contracting Corp. for the extension of the Howard
Stabile Wetland Permit No. 106, which expires on May 10, 1984., for a period
of four (4) months to September 10, 1984.
SUPERVISOR MURPHY: Any further questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED. J
SUPERVISOR MURPHY: Number 9 I'd like to do.
9. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, through diligence and hard work in his daily living, John H.
60 MARCH 13,' 1984
Robinson, Jr. has set high standards for himself, and
WHEREAS, the basis for development for his own personal code of conduct
could not provide a better guidance and will contribute to a more meaning-
ful life, and
WHEREAS, John H. Robinson, Jr. will continue to be guided in' his daily
living by the Scout Oath and Code, now, therefore, be it
RESOLVED that the Town Board of the Town of Southod hereby congratulates
JOHN H. ROBINSON, JR. for ac ievirig t e highest rank in scouting - EAGLE
SCOUT.
SUPERVISOR MURPHY: I might add he did his project, Jay, down at the
hospital, fixing up the landscaping on some mistakes that were done.
-COUNCILMAN SCHONDEBARE: Mistakes at the hospital?
SUPERVISOR MURPHY: Any other questions on it? (No response.) This is
the third Eagle Scout this year in the Mattituck Troop. They should be
commended.
Vote of the Town Board: '-=Ayes: Councilman Schondebare, Councilman "
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly'ADOPTED.
SUPERVISOR MURPHY: Number- 10,' advertise for bids.
10. Moved by Councilman Stoutenburgh, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Town Clerk to advertise for bids for the construction of a new, concrete
block building, with slabs, at the Southold Town Dog Pound, Peconic, New York:
Bid opening: 10:'00 A.M., March 30, 1984, Southold. Town Hall.
SUPERVISOR MURPHY: Any questions? Joe, anything? -
COUNCILMAN TOWNSEND: No, it's .been a long time coming. We'd originally
hoped to have this,'completed November of last year. November 1 was the day
we were hoping to start construction, but' through various delays it's been
until now, so we can finally get started.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend-, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: At this time I'd like a motion to recess this regular
meeting to hold our public hearings.
.Moved by Councilman Townsend, seconded by Councilman Schondebare, it was
RESOLVED that a recess be called at this time, 8:00 P.M. , for the purpose of
holding the following public hearings:
8:00. P.M. - Relief Petition of Louis 'Hodor and Max Staller - East Marion
Woods, Section 1.
. 8:05 P.M. - (Informational) Proposed establishment of a West Greenport
Sewer District.
8:15 P.M. - Proposed "Local Law to provide for the Acquisition of Develop-
ment Rights in Agricultural Lands."
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
Meeting reconvened at 8:40 P.M.
SUPERVISOR MURPHY: If the Town Board sees fit; we have a resolution
at the end to establish the Select Committee, tonight.
At 7:30 tomorrow night, in' the Senior/Youth Recreation Center in' Peconic;
there will be an informational meeting on Long Island Cablevisibh. Their contract
is 'up for renewal. The Town is negotiating with Cablevision right now. There
will' be representatives from the New York State Cable Commission, as well as
representatives of Long Island Cablevision and Times Mirror, their 'parent. corp-
oration. 1 would again' like. to ask everybody to please turn out tomorrow and
to voice your feelings. They have, in' their 'proposal to the Town Board, quite
a large increase in' their'basic service. They're going to give us more service.
personally don't feel they deserve the extra money until 'they prove and re-
build their system and .let it 'run 'the way it was supposed to run in'the beginning.
would like people to come out and voice their opinions of Long Island Cablevision
so the commissioner in'Albany will' be able to assess all the information, as well
as the parent corporation will' find out basically how their'litt'le child here on the
East End has been running.
We're on the 11th Resolution, if 'someone would like to offer it.
11. Moved by Councilman Schondebare, seconded by Councilman Townsend, it 'was_
RESOLVED that the Town Board of the Town of Southold hereby authorizes
MARCH 13 , 1984 61
and directs Supervisor Francis 'J. Murphy to execute an agreement between
the County of Suffolk,. Town of Southold and Citibank, under the Consoritum
Home Improvement Program (CHIP) to provide a guaranteed loan program-in
which home improvement loans will' be available to homeowners who are unable
to obtain credit 'through normal channels. Guaranteed loans will be made at
an annual percentage rate of 7 0.
SUPERVISOR MURPHY: Any questions on this?
COUNCILMAN SCHONDEBARE: Yes.
COUNCILMAN TOWNSEND: I was going to say, this 'is 'an extension of a program
that we have in'other years, is 'it 'not?
SUPERVISOR MURPHY: Yes.
COUNCILMAN TOWNSEND: And it's ,worked successfully in' Greenport and 1
think it is 'the--is Jim McMahon administering that, or is the Housing Alliance?
SUPERVISOR MURPHY: We are administering it.' Both ways. We're doing some
and they're doing some. Any other questions?
COUNCILMAN SCHONDEBARE: In' paragraph 7 on the agreement itself it calls
for. closing costs, attorney fees, recording fees, mortgage taxes and other related
charges shall be paid' by the originating municipality for the borrower. What have
. we been doing? Or haven't we been doing? Who's been picking up all the costs
on these things?
SUPERVISOR MURPHY: I believe .the County is, with their `agreement with this '
bank, Jay.
COUNCILMAN SCHONDEBARE: . I get the local municipality. I get that 'as us. _
SUPERVISOR MURPHY: I think that's the Consortium.
COUNCILMAN SCHONDEBARE: Who's picking up the closing costs on this?
Paragraph 7.
SUPERVISOR MURPHY: We. could get an interpretation from Jim: tomorrow, but
I believe it's the Consortium, the County COnsortium.
COUNCILMAN SCHONDEBARE: Ask on that one, I don't understand that one.
And Number 11--do I understand if the party that has the mortgage defaults,
the bank gets paid'off by the County and the municipality picks up the bad
debt, then we have to sue the party for it. That's .my understanding of it;
Frank."
SUPERVISOR MURPHY: No, I believe the--
TOWN ATTORNEY TASKER: That's ,right.
SUPERVISOR MURPHY: It's .not the Consortium, Bob?
TOWN ATTORNEY TASKER: That's right. But, of course, Jay, you have to
understand we haven't put anything in. It's been federal funds all along, so
really what that does is-'leaves us, if 'we wish, to recoop. As I read that
provision we have an opportunity to sue and probably what we're going to have
to do is `foreclose and acquire the property. But we haven't put anything in
because this 'is 'all federal funds.
COUNCILMAN SCHONDEBARE: We've never had the problem in'the past?
. TOWN ATTORNEY TASKER: Not that I know of. I don't even know whether
you've ever had any programs under the thing in"the last two years. Do you
know? Jim' McMahon is 'administering it.
SUPERVISOR MURPHY: I ,believe one or two maybe in' Greenport.
COUNCILMAN TOWNSEND: In the Seventh Street area.
SUPERVISOR MURPHY: Yes.
COUNCILMAN SCHONDEBARE: Home improvement is "70, . that's very good.
TOWN ATTORNEY TASKER: I thought that was a little peculiar too, until 1
looked--thought about it 'and then I realized we haven't put. anything in', so
we haven't been out at that point, but we've had assigned to us the right
to collect it 'if 'we choose. So if we did we'd be ahead of the game.
SUPERVISOR MURPHY: Okay, any other questions on it? (No response.)
62 MARCH 13 , 1984
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor.Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is 'a similar program.
12. Moved by Councilman Townsend, 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 County of Suffolk, Town of Southold and European American Bank, under
the Consortium Home Improvement .Program CHIP to provide a creditworthy
loan program in'which home improvement loans to homeowners and commercial
loans to businesses will ' be available to applicants who are considered credit= .
worthy, by the bank. Home.,improvement loans will ' be made at an -'annual
percentage rate of 9% and commercial' loans will' be made at the prime lending
rate.
COUNCILMAN TOWNSEND: This is 'a expansion of.what we've done. Did'Jim
explain this 'program to you?
SUPERVISOR MURPHY: No. Jim' hasn't had time to explain' it 'to the Board.
Jim' just came in'with these.
COUNCILMAN SCHONDEBARE: If you look on Schedule A on the back of the
thing, we don't have anything for commercial. We're zero. We're not going
to give our anything. The only thing we're going to give out on this 'one
would be residential.
TOWN CLERK TERRY: That is 'correct, and you only have $21, 120.'00.
COUNCILMAN TOWNSEND: Okay. It would have been nice--is 'there a deadline
on this?
SUPERVISOR MURPHY: I think that's why he came in'4ith this.' We could
have him' at the next work session. , Any other questions? (No response.0
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is 'to attend a. conference.
12. Moved by Councilman Stoutenburgh, seconded by Councilman Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Supervisor Francis 'J. Murphy, Commissioner of Public 'Works Raymond C. Dean,
(any other Town Board member),and two additional Town employees, to attend
the 1984 New England Regional Workshop on Composting and Land Application,
to be held from March 28, 11984. through .March 30, .1984, at Boston, Massachusetts,
and all necessary costs for transportation, meals, lodging and registration shall
be a legal. charge against the Town of Southold Refuse & Garbage Account A8160.4
COUNCILMAN TOWNSEND- I would like to amend that, if T could, to have another
possibility of my attending also. I. checked my--that's .after people get back and
may want to--I .may not do it,' but I'd .like to have the option.
COUNCILMAN STOUTENBURGH: I'll take your place if 'you don't go.
SUPERVISOR MURPHY: Okay, any other questions on it? Jay?
COUNCILMAN SCHONDEBARE: None, Frank.
SUPERVISOR MURPHY: Paul? Ray? jNo response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is lead agency. -
14. Moved by Councilman Schondebare, seconded by Justice Edwards, it was
RESOLVED that the Southold Town Board declares. itself lead agency in`
regard to the State Environmental Quality Review Act in the matter of the
application of John G. Scott, III for a Wetland Permit 'on certain'property
located south of the Main Road (Route 25) , and east of Wells Road, on
Richmond Creek,. Peconic' New York.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
MARCH 13 , 1984
63
SUPERVISOR MURPHY: Number 15 is a trailer permit 'renewal.
15. Moved by Justice Edwards, seconded by Councilman Schondebare, it 'was
RESOLVED that the application of Frank J. McBride, dated- February 9, .198A,
for renewal of his single family house trailer permit for trailer located at the
north side of Oregon Road, Cutchogue, New York, be and hereby is 'granted
for a six' (6) month period.
SUPERVISOR MURPHY: Any questions at all? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards', Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is another lead agency.
16. Moved by Councilman Townsend, seconded by Councilman Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold hereby declares
itself lead agency ins regard to the State Environmental Quality Review Act in
the matter of the petition of Edward J. Nalbantian and Charles A. Nalbantian
for relief from the Bulk requirements of the Zoning Code with reference to
certain' real property known as Oregon Heights, bounded by Reeve Avenue,
Bailie'Beach Road, Harborview Avenue, and East Side Avenue, Mattituck,
New York..
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is to transmit 'the petition.
.17. Moved by Justice Edwards, seconded by Councilman Townsend,
WHEREAS, a petition was received from Edward J. Nalbantian and Charles A.
Nalbantian requesting relief from the Bulk requirements of the Zoning Code
with reference to certain' real property known as. Oregon Heights, bounded by
Reeve Avenue, Bailie'Beach Road, Harborview Avenue, and East Side Avenue,
Mattituck, New York,. now, therefore, be it '
RESOLVED that the Town Clerk be and she hereby is 'directed to transmit 'this '
petition to the Southold Town Planning Board and Suffolk County Department
of Planning in accordance with Section 100-31A (5) of the Code of the Town of
Southold.
SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.'
SUPERVISOR MURPHY: Number 18 is *to accept a bid' for Fishers Island Ferry
District.
18.. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island Ferry District to accept the
bid of Thames Shipyard E Repair 'Co., New London, Connecticut, for drydock-
ing the M/V Munnatawket, in accordance with the specifications, at a cost of
$4,260.'00, plus $40.00 each .for sacrificial' anodes (zincs) , and $3,200.00 for
supplemental work.
.SUPERVISOR MURPHY: Any questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR 'MURPHY: Number 19 is to accept another bid' for the Fishers
Island Ferry District.
19. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island Ferry District to accept
the bid of H. O. Penn Machinery Co., Inc., Armonk, New York, to provide
two (2) Caterpillar model 3412T marine diesel engines equipped with twin disc
model MG 518 transmissions, for the proposed new Fishers Island Ferry District
boat, at a cost of $84,900.00, which bid includes de ivery to a shipyard in
Penn's area, start-up and sea trial services.
Cltnrn11r1f_^ ..Ilnnll\/. A.....
64 MARCH 13 , 1984
JUSTICE EDWARDS: I might add that these are the new engines for—the new
boat that the plans haven't even been completed yet, but at least we've got
the engines for them. Got a good price from Caterpillar.
COUNCILMAN STOUTENBURGH: You might tell them why.
JUSTICE EDWARDS: Well, Caterpillar wanted to get into the marine diesel
-field in' Eastern Long Island Sound. They haven't got anything that's--any
diesels--Caterpillars running on a continuous basis and they approached the
Fishers Island Ferry District, realizing that they were going to build a new
boat, and they said' that they'd give them a good eal on the Cats, and so this '
is why they went out to bid'. The plans for the new boat are just about
.finalized with Sparkman and 'Stephens and the boat will'probably go out to
bid;: I would say, sometime before the end of this month and the beginning
Of next month, and there are four or five. yards that are very interested in'
seeing the plans and bidding on the new vessel. In fact, one of the yards
is 'down in the Gulf area, down around Mississippi Gulf. That's .it,' Frank..
SUPERVISOR MURPHY: Any other questions? (No response.0
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor'Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20,' at the request of Ray Edwards, we're
going to hold. (Authorize the Board .of Commissions of the Fishers Island
Ferry District to enter into a contract with A. Richard Grebe, Jr. for the
operation of Elizabeth Airport.) We would like to talk to the Commissioners
on one item before we do this.'
COUNCILMAN TOWNSEND: On the- contract, as long as it 'is 'up, 1 was just
wondering how we can negotiate a contract where we don't know what the
rent is 'going to be in' subsequent years. What if 'we are unable to come to
agreement on the rent, is 'the contract then void?- How does that work? In
other words it 'says here, "we would like to enter into a contract which is "
an agreement for the operation of Elizabeth Airport, at a .first year rent of
$4,900.'00', for a three '(3) year period, with the option to renegotiate sub-
sequent year rents." Unless there's some formula, how do we really know?
What if 'we don't agree? What happens to the contract in' the subsequent
last two years?
SUPERVISOR MURPHY: You mean the Ferry District doesn't agree with the
operator, you mean?
COUNCILMAN TOWNSEND: ' Town Board doesn't--okay. The Ferry District o
doesn't agree with the operator in regards to rent?
SUPERVISOR MURPHY: You want to comment on that, Bob? Joe wants to
know if 'the second year the Ferry District and the operator did' not agree
on the--
TOWN ATTORNEY TASKER: The Supervisor and I attended the hearings
last Saturday when they were asking for comments. I would think that the
next step would be that the Commissioners, come to this 'Board, either personally
or at least somehow, and explain'to them what kind of a contract they're in
favor of and seek this 'Board's .approval of•it: At this 'point, I think the only
they're talking about is 'apparently the $4,900.'00. 1 don't know whether it's
the same -terms or what. 1 do think iVs incumbent upon the Commissioners to
come to this 'Board and explain'to them the nature of the contract and the
reasons why they're selecting the particular person. They said'that they were
,going to be here, but maybe the weather_
COUNCILMAN TOWNSEND: This 'is 'almost like a variable rate mortgage or
something. How do we determine--there's no guidelines to determine what
would be an acceptable rent for next year.
COUNCILMAN SCHONDEBARE: It's got to be spelled out in' the contract.
TOWN ATTORNEY TASKER: I don't know whether it's got an escalation clause
in it 'or not.
COUNCILMAN SCHONDEBARE: Without looking at the contract we don't know
what we're talking about.
TOWN ATTORNEY TASKER: All we have is 'the existing contract which ends
the end of this month. Now, whether it's their 'intention to renew the same
identical• contract and just change the annual rent, I don't know. The Board
hasn't said'anything. to this Board.
MARCH 13, 1984 65
SUPERVISOR MURPHY: We'll ask theyB bar d 'over' or a representative over,
at the next meeting. r'
TOWN ATTORNEY TASKER: I would think so. Has the Town Clerk 'received
anything.
TOWN CLERK TERRY: No, I haven't..
SUPERVISOR MURPHY: We just received the request.
TOWN CLERK TERRY: 1 received the minutes of the hearing and a letter of
request from the Manager-Secretary, Phil 'Knauff, of the Ferry District, asking
that the Town Board approve the Ferry District's action in'awarding the bid'
to Grebe. That's it.'
SUPERVISOR MURPHY: They'll be over at the next meeting. Okay, 21 is '
another Fishers Island Ferry District.
21. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the Board of Commissioners of the Fishers Island Ferry District to apply to
the Interstate Commerce Commission to amend its Commodity Tariff Schedule
to allow for the, carriage of prescription drugs at no. charge to the consignee.
COUNCILMAN SCHONDEBARE: Question. What does it say?
JUSTICE EDWARDS: What it 'says is 'that they're asking permission for people
on the Island who order prescriptions through the various drug stores in; New
London to get them over to Fishers Island free of charge, because now if 'I
took this 'piece of paper right here, and put on the deck in' New London and
say I want to send it 'to Fishers Island, it 'would, cost me'fift'y, cents. And that holds true of any envelope or anything, but now with the senior citiiens
that we have on the Island, this 'is helpful to them. Because probably once
a month or twice a month you have. a prescription that comes down to the .
boat and it's fifty cents, a dollar, a dollar fifty. So what they're doing is=-
and they have to modify the tariff through the Interstate Commerce Commission
to do this; to. relieve that.
COUNCILMAN TOWNSEND: So the Fishers Island Ferry is going. to be carrying
drugs?
JUSTICE EDWARDS: Yes.
COUNCILMAN STOUTENBURGH: There's a headline for you.
JUSTICE EDWARDS: Free of charge.
SUPERVISOR MURPHY: With the blessing of the Town Board.
COU-NCILMAN STOUTENBURGH: Town Board okays drugs. .
SUPERVISOR MURPHY: You're bored over there in'the winter, huh-? Any
other questions? (No response.)
Vote of the Town Board:: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is 'a transfer of funds for the Fishers Island
Ferry District.
22. 'Moved by Justice Edwards, seconded by Councilman Schondebare, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the transfer of an amount not to exceed $25,000'.'00 from the Fishers Island
Ferry District 1§84 Budget line item "New Boat" to the Town of Southold land
acquisition account to provide sufficient funds to consummate the purchase of
real property. from the United_ States Government and located at Fishers Island,
New York..
COUNCILMAN TOWNSEND: Question. In other words there wasn't enough
from all those pledges--we didn't--.
JUSTICE EDWARDS: Well, the Ferry District was very honest, there was more
than enough in' the pledges to purchase the surplus piece of property, but
the Ferry District is retaining one parcel for themselves, so they have to take
$25,000.00 out of the--they have to transfer the $25,000. 00` from ,one it into
another to pay for the house that they're. going to retain' for $75,000. 00.
Apparently they had $50,000.00 in there and they had to put another $25,000.00
in.
66 MARCH 13, 1984
SUPERVISOR MURPHY: Any other questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is--hopefully this 'will' finally be resolved
this 'year. . It's the act to help Mel Kelsey's widow.
23. Moved by Councilman Schondebare, seconded by Justice Edwards, it 'was
RESOLVED that pursuant to Article IX of the Constitution, the Town Board
of the Town of Southold requests the enactment of Senate -bill-' No. S. 8148,.
entitled, "AN ACT to allow persons in public employment on or before August
sixteenth, nineteen hundred seventy-three or their 'executor, administrator
or personal representative who did not .file a members ip application with
the New York State employee's retirement system tofile' a request for retro-
active membership with the State Comptroller," and Be it further
RESOLVED that it is hereby declared that a necessity exists for the enactment
of such legislation, and that the facts establishing such necessity are as
follows: The Town Board of the Town of Southold does not have the power
to enact such legislation by local law.
SUPERVISOR MURPHY: Any questions further on that?
COUNCILMAN SCHONDEBARE: I had a lot of questions on it, but I got a lot
of answers. The bottom line is 'they-said' $19,000. 00 to the Town of Southold
and that's why I had a lot of questions.
SUPERVISOR MURPHY: Okay, what it 'was for the people in the audience and
anyone concerned--for some oversight on the Towns_ part, Mel Kelsey, who was
an elected Assessor for the Town was not included in the retirement system
while he was working full time. This 'evidentially came to light when he died
and found there were no .benefits for his widow and through the efforts of Ken
LaValle - John Behan and Joe Sawicki'this 'is 'finally being resolved, and it's
being resolved that the Town is 'paying the share that would have been paid
had he been put in' the system. This 'is not a free gift. He should have been
put into the system back in 1973. Some oversight he wasn't,. and now it's the
Town's share that would have gone into his retirement and his benefits, that
we're. coming up with the money. We encumbered the money last year for this
year to spend it 'and hopefully it's going to be resolved. This 'widow has--over
three years that he died and she still' has received no benefits, and hopefully
through the efforts of our Assemblyman Joe Sawicki, and Ken, that this is
going to be taken care of this year.
COUNCILMAN SCHONDEBARE: Pd .also like to point out that the thought crossed
my mind that when you got your pay slip, when you got your little form on "the
side, it 'should state on your pay slip'what is going to the pension fund, etc. ,
or the retirement, and therefore, in'my mind, I said; how come he didn't know
about it at the time. He should have been able to realize that from his 'pay
stubs, but I have been advised that such was not the case back in those days.
SUPERVISOR MURPHY: The Town contributed 100:0.
TOWN CLERK TERRY: If you're not a. contributing member, it 'would not appear.
SUPERVISOR MURPHY: It was an unfortunate slip-up. Any other questions
on it? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number '23 is a companion bill' in'-the Assembly.
23. Moved by Councilman Townsend, seconded by Justice Edwards, it 'was
(a) RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold requests the enactment of Assembly Bill No. A9673,
entitled "AN ACT to allow persons in public 'employment on or before August
sixteenth, nineteen hundred seventy-three or their `executor, administrator
or personal representative who did' not file' a membership application with the
New York State employees' retirement -system to file a request for .retroactive
membership with the State Comptroller," and be it 'further
RESOLVED that it is 'hereby declared that a necessity exists for the enactment
of such legislation, and that the facts establishing such necessity are as
follows: The Town Board of the Town of Southold does not have the power
to enact such legislation by local law.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
.Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
MARCH 13 , 1984 67
SUPERVISOR MURPHY: Number :24!-is-'a Home Rule 'Request from Senator Ken
LaValle. Y
24. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it 'was
(a) RESOLVED that pursuant to Article IX of the Constitution, the Town Board
of the Town of Southold requests the enactment of Assembly bill' No., A6665,
entitled "AN ACT in relation tote zoning and panning powers of towns
and villages within the county of Suff6lk,!' anEl be it further
RESOLVED that it is hereby declared t at a necessity exists for the enactment
of such legislation, and that the facts establishing such necessity are as follows:
The Town Board of the Town of Southold does not have the power to enact such
legislation by local law.
SUPERVISOR MURPHY: Okay; that was 24(a) , Paul. I'm sorry, we just went
out of order. Twenty-four was.the Senate version.
TOWN CLERK TERRY: We can_ just reverse them.
COUNCILMAN SCHONDEBARE: Do you want to tell them what we're doing?
COUNCILMAN TOWNSEND.: Maybe we should--this 'is 'a--explain'this 'one because--
SUPERVISOR MURPHY: They're asking for a Home Rule Message that we're in'
support.of the Town retaining zoning powers if a village--as it 'happened over
in Southampton when Flanders, a group of people petition Flanders--in' Flanders
petitioned the Town' Board to form their 'own village, that the purpse of this
bill' is 'that' the Town would retain its zoning powers, hopefully to preserve the
open space, the land, and there's been some debate on it; both ways.
personally think it's a good idea, and it 'came to light very close to 'us right
over here in' Flanders, and it involved a lot of the Teamster property in'
North Hampton Country Club.
COUNCILMAN STOUTENBURGH: Particularly important about water problems--
there are no boundaries.
SUPERVISOR MURPHY: That the Town would retain the zoning powers, that you
wouldn't give this 'up.
COUNCILMAN TOWNSEND: What they're afraid'of---basically what Marty Lang
was afraid of over in'Southampton--was a group of people taking an area of
property that was designated as a light density area, and incorporating as a
village. Getting a referendum passed by the majority of the people. Then
having the power to downzone that property to a very dense area. It's not
a black and white issue as far as Pm, concerned, because in' some instances
people do have the right, if 'they quality for a village, to have all the powers
that a village normally have, which have traditionally included zoning. However,
this is 'not without precedent--the law that we're talking about is 'not without
precedent, because I understand in' Nassau County they established such a law
quite a few years ago. I think in;the long run we're better to pass this.' but
it 'is 'something that has. its down-side. A group of people that didn't want to
form a village and they wanted, for very good reasons, why change the zoning.
It can work the other way too, they would not be able to. And so if 'they
wanted to upzone a property they would not be able to do that either.
SUPERVISOR MURPHY: Except that they still 'are members of the same town.
COUNCILMAN TOWNSEND: Except that they're members of the same town, but
mean, in other words, if 'the Town didn't want to upzone it 'and they did' for
various. reasons, it 'could work both ways. It just says that you're assuming
the Town has better judgment than the village.
'SUPERVISOR MURPHY: Okay, any other questions on that? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, 'Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 24 is 'the companion.
24. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that pursuant to Article IX of the Constitution, the Town Board
of the Town of Southold requests the enactment of Senate bill No. S.5567,
entitled "AN ACT in relation to the zoning and planning powers of towns
and villages within the county of Suffolk," and be it further
RESOLVED that it is hereby declared that a necessity exists for the enactment
of such legislation, and that the facts establishing such necessity are as follows:
The Town Board of the Town of Southold does not have the power to enact such
legislation by local law.
68
MARCH 13, 1984
SUPERVISOR MURPHY: Any further questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is 'to authorize me to go to Albany with
the Suffolk .County and Nassau County Supervisors, en mass, to lobby for
State Revenue Sharing Program'.
25. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Supervisor Francis �J. Murphy to travel to ALbany, New York,. on Monday,
March .19., :1984, -with: other: Suffolk County Supervisors, for the purpose of
meeting with New York State Legislators. and the Governor's Office to request
an increase in the State Revenue Sharing Program for Towns, and be it further --
RESOLVED that the necessary expenses for travel, meals, and lodging shall be -
a legal, charge against the Town of Southold General Fund Whole Town Account
A1220.4, Supervisor, Contractual:
SUPERVISOR MURPHY: Any questions? It's going to be next Monday, hopefully.
COUNCILMAN TOWNSEND: You're going to. be lobbying for a larger than the
existing share for the Towns. Normally cities get a much larger share than
the Towns.
SUPERVISOR MURPHY: Very unproportional.
COUNCILMAN TOWNSEND: Unproportional, yes. So we're trying to get our.
fair 'share.
SUPERVISOR MURPHY: And it 'was .felt that if 'all of the Suffolk .County and
Nassau County Supervisors went at once it would be a little more impressive,
hopefully.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is 'lead agency again:
26. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it 'was
RESOLVED.that the Southold Town Board declares itself lead agency in' regard
to the State Environmental Quality Review Act in the matter of the application
of John L. Braider by Latham Sand E Gravel, Inc. for a Wetland Permit on
certain property located at Gull Pond Lane, on Gull Pond, Greenport, New, York.'
SUPERVISOR MURPHY: Any questions? (No response. )
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 27, Greek 'Independence Day.
27. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, the American-Greek residents of the Town of Southold have been
active and, concerned citiiens of the Town of Southold, and
WHEREAS,. March 25, 1984 marks. the one hundred and sixty-third year of
Greek Independence, and
WHEREAS, the Greek revolution against the tyranny of the Turks. was started
in'the monastery of Saint Lavras, Patras, Greece, by the Metropolitan of all
Patras, Germanos, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby proclaims
March 25, 1984 as GREEK INDEPENDENCE DAY. _._.
COUNCILMAN TOWNSEND: . I'd just like to ask, is 'there any Turks. in' the
audience here?
COUNCILMAN SCHONDEBARE: Question. That's all. correct, I hope?
SUPERVISOR MURPHY: We got it from the priest. He came in'Monday.
COUNCILMAN SCHONDEBARE: Oh, okay.
COUNCILMAN STOUTENBURGH: Maybe not the pronunciation---
SUPERVISOR MURPHY: He did a little better job.
MARCH 13, 1984 69
Vote of the Town Board: Ayes: Councilman'Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is �a new house trailer permit.'
COUNCILMAN STOUTENBURGH: You•might tell them why.
28. Moved by Councilman Schondebare, seconded by Councilman Townsend, it 'was
RESOLVED that the Town Board of the Town of Southold hereby Grants the
application of Anne and Thomas Lowry. to maintain' a single-family house trailer
on their property located on the northwest corner of Second and Jackson Streets,
New Suffolk,. New York,. for- a period of 6 months from this 'date.
COUNCILMAN TOWNSEND: What's it for?
SUPERVISOR MURPHY: They had a bad fire down there at their 'house.
COUNCILMAN' STOUTENBURGH: And their house is.'completely gutted.
COUNCILMAN SCHONDEBARE: It says on the petition, "period of time trailer
is to be located on the premises 3 to 4 months."
SUPERVISOR MURPHY: Why don't we give it 'for 6 months.
COUNCILMAN SCHONDEBARE: Want to make it 6 to them?
SUPERVISOR MURPHY: All of them are, Jay.
TOWN CLERK TERRY: You do see my note on the resolutionf The Building
Department has made an inspection as to the location. -
SUPERVISOR MURPHY: Any questions further? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolutioli was declared duly. ADOPTED.
SUPERVISOR MURPHY: Number •29 is 'a transfer of funds.
.29. Moved by Justice Edwards, seconded by Supervisor Murphy, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the advance of $578.00 from the General Fund Whole Town Account to
Community Development Year X, Crime,. Alcohol and Drug Abuse Program
Budget, for the Southold High School Human Understanding and ,Growth
Seminars (HUGS) - 3-day educational 'works hop--IS students, to be held
at St. Gabriel's Retreat House, Shelter Island.
SUPERVISOR MURPHY: I'll .explain'on this: The Year X funds are not available
until-'-we probably can't draw them down until 'some time in'May and this 'is 'a
very worthwhile program. It's .one,.. I believe, that was started by Jim' Christie '
in'Mattituck and we supported it 'there last year. We are now bringing it into
Southold and then to Greenport. It's an excellent program and this is 'just a
temporary loan. Any other questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is 'to approve the amount of a performance
bond.
30. Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town 'of Southold hereby approves
the amount of $325,000.00 for a performance bond for roads and improvements
in the subdivision known as Highpoint at Esat Marion, Section 11, located at
East Mairon, New York,. as recommended by the Southold Town Planning. Board
and Randall Woodard, Professional Engineer.
COUNCILMAN TOWNSEND: Excuse me. I'm trying to remember off hand which
one Highpoint is.'
MRS. RUTH OLIVA: Mandell's property.
COUNCILMAN TOWNSEND: Okay.
SUPERVISOR MURPHY: Any other questions? Paul?
70
MARCH 13 , 1984
COUNCILMAN STOUTENBURGH: I'm concerned, not with this; but it brings
up a point. There's a subdivision in' Cutchogue that has had a performance
bond and we have not accepted the roads, and they have laid there idle-with
dirt in the road and bad edging, and everything else like this. Is there some
way that that could be corrected, that they don't linger something that long?
Here _people are living on it, theirkids. can't even get school buses down there.
TOWN ATTORNEY TASKER: Well, to begin with, the performance bond is for
the purpose of the construction of the streets in compliance with the specifica-
tions. Now, it's just that. It's not for the maintenance of the streets. You
can put up the bond, and you. can build the roads according to the Town
specs, and 'they can meet the requirements. That does not mean that they
have to do anything else. They can let them go into disrepair: There is
no obligation on the part of the owner: to dedicate them, nor if he offers
them, is there any obligation on the part of the Town to accept them. So
we have many streets which are private, which have been built to the specifica-
tions and have never been dedicated, and have not been maintained.
COUNCILMAN STOUTENBURGH: So there is 'no way of correcting that.
TOWN ATTORNEY TASKER: They're private streets. . The only requirement
we have is 'that they are built`4in',accordance with our specifications and that's
what the performance bond is for.
TOWN .CLERK .TERRY.: Are you talking about the one near the church?
COUNCILMAN STOUTENBURGH: Yes.
TOWN CLERK TERRY: We are still holding a performance bond on that
property.
TOWN ATTORNEY TASKER: Which one's that one?
COUNCILMAN STOUTENBURGH: Highland Estates.
TOWN ATTORNEY TASKER: Oh, yes. Don't ask me what the status of that
one is. -
COUNCILMAN STOUTENBURGH: There must be 20 houses down there.
TOWN ATTORNEY TASKER: Wel•1, it's a good thing for you to look into, Paul.
COUNCILMAN STOUTENBURGH: What do I do about it?
TOWN ATTORNEY TASKER: Look into it and see what the status is.
COUNCILMAN SCHONDEBARE: Put. it on the work agenda for us, Paul, the
next time around.
TOWN ATTORNEY. TASKER: I know that the Town Board met with him' and
don't even, for the life of me, recall what the disposition was.
SUPERVISOR MURPHY: Paul, we'll .see if 'we can get something from the Planning
Board on the status of it 'and then check also with the Highway Department.,
COUNCILMAN STOUTENBURGH: It's .just a crime that somebody's holding these
people up.
TOWN CLERK TERRY: That's..the Mohring property. It's .a $200,000.00 bond
and it's been on since 1977.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh,. Justice Edwards, Councilman Townsend, Supervisor Murphy.
T.his 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 to 34 are not on your agenda. They're
ones that we added to later on. Number 31 is 'on the Norkus application.
31. Moved by Councilman Schondebare, seconded by Justice Edwards,
WHEREAS, Robert G. Norkus and Aldona Norkus, by .petition dated November
23, 1983; applied to the Southold Town Board for relief from the Bulk require-
ments of the Zoning Code on certain' property situate off Orchard Lane,
approximately 450 feet easterly from Cedar Beach Road, at Bayview, Southold,
New York, and
WHEREAS, said petition was referred to the Southold Town Planning Board and
Suffolk County Department of Planning for their 'recommendations, and
WHEREAS, a public 'hearing was held by the Southold Town Board on said'
petition on the 14th day of February, 1984, at which time all interested persons
MARCH 13 , 1984 71
were given an opportunity to be heard thereon, now, .therefore, be it
RESOLVED that Robert G. Norkus and Aldona Norkus be and they .hereby are
granted relief from the Bulk requirements of t e oning Code as provided in
Local Law No. 11 - 1983, on the aforesaid property at Bayview, Southold, New
York, all in accordance with their'petitiori, and it 'is 'further
RESOLVED that the premises described in'said petition shall be subject to the
Bulk requirements of the Southold Town Zoning Code in effect prior to May
20,. .1983.
SUPERVISOR MURPHY: Any questions on this further?
COUNCILMAN SCHONDEBARE: Just for the record, this is the one that the
Planning Board recommended to grant the relief.
SUPERVISOR MURPHY: Right, that it 'was their 'error.
COUNCILMAN SCHONDEBARE: They were responsible for the hold up.
COUNCILMAN TOWNSEND: And 'also, for public edification, there have been
some environmental questions raised about this; but as was said'at the Work
Session, we're really not here to determine whether the entire lot is buildable,
or whether none of the lot is 'buildable, or whether there's potable water there,
or whether it's .going to affect anybody elses water. We are to determine whether
that person was prevented from getting his preliminary approval--is 'this a major
or minor?
TOWN CLERK TERRY: Minor.
COUNCILMAN TOWNSEND: . -site plan approval, because of a Planning Board
action, and so that's .how we have to vote on this 'thing, and the Planning
Board will still have another go at them and so with the Health Department,
assume, if 'it's .going to affect the water.: So there's .really--that's why. I'm -
going to vote for it.'
COUNCILMAN SCHONDEBARE: Our own Southold Town Planning Board has told
us that they are responsible for the hold up. That's why the petition wasn't
completed on time.
SUPERVISOR MURPHY: . Okay, any other questions? .(No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is 'to authorize' me to send a letter
requesting additional funds.
32. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Francis 'J. Murphy to send a letter to the New York
State Department of Environmental Conservation requesting their ap-p-rov—aFTor
increases in the levels of Federal and New York State grants for the Southold
Scavenger Waste Project; specifically an increase in the Federal contribution
to $2,101.762.00, and the New York State contribution to $185,449.00, and be
it further -
RESOLVED that the Town Board authorizes and directs Supervisor Murphy to
execute a grant increase application with reference to the aforesaid'.Southold
Scavenger Waste Project.
SUPERVISOR MURPHY: . This.'came about--our bids were. opened in' February,
the end of February, for the Scavenger Waste Treatment Plant. : There. were
.four items in' the bids. . Three of them came in on the budget; and naturally
the largest one came in'about $800,000.'00 over budget: The consultant,
engineering firm, was here today to explain'the various reasons why--cost
of concrete, travel, many items on there. We are going to investigate
further, but rather than delay the project, we're liable to lose the possible
funding, we're requesting the additional funds now and will see if it's
necessary to renegotiate, maybe rebid, or just accept the bids. Another
resolution next is 'we're going to- ask for an extension of 45 clays to the
bidders who, bid on this 'to give us more time to negotiate.
COUNCILMAN TOWNSEND: Frank,. if we do get the additional funding on the
same formula that we were granted the funding for the stipulated amount,. it
will' cost the town--well, that's 922$. Right now the government is 'funding
9211$ of this particular project which is to build the Scavenger Treatment Plant.
If we're granted additional funding on the same formula, then it 'will .cost the
Town approximately $70,000. 00 more,- which will be put into the bonded
indebtedness. . That's .why the next project is to increase our authorization.
72 MARCH 13 , 1984
SUPERVISOR MURPHY: There will' be a public hearing on that, also. And
might add that we are forced by the DEC..--we've been in'a, compliance hearing
and, consent agreement to do this-'for what, Bob, five,. six years now, we've
being in the process and going and we can't back down now. We are, as one
gentleman mentioned tonight, about.-dumping the septic 'waste in'the landfill.
This 1s going to have to stop. Any other questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 33 is for the 45 day extension on the bid'
expiration.
33. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Holzmacher, McLendon & Murrell, P.C. to communicate with, and
secure from all of the bidders on the Southold Scavenger Waste Project, a
45 day extension from the bid'expiration date for the aforesaid' Project.
SUPERVISOR MURPHY: Any questions? (No response.0
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend,' Supervisor Murphy.
This 'resolutioh was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 34 do you want to read Paul?
34. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it was
RESOLVED that the Town Board of the Town of Southold- hereby requests
New York' State,Assemblyman John L. Behan to take the necessary steps to
include the Town of Southold in'the pending bill' before the New York State
Legislature, entitled "AN ACT establishing the Southampton land preservation
bank to preserve, acquire, hold and manage real property in the town of
Southampton, County of Suffolk." The purpose of said bill'is to establish
a town land preservation bank funded by a 2 0 levy on transfers of real
property within the town to enable the town to preserve open spaces, recrea-
tional areas and environmentally sensitve land, and be it further
RESOLVED that a copy of this request be forwarded to New York State Senator
Kenneth P.. LaValle and New York State Assemblyman Joseph Sawicki, 'Jr. for
their 'assistance in'securing this legislation for the Town of Southold.
SUPERVISOR MURPHY: This 'again' is,'coming right before the Farmland
Preservation. Hopefully it will' be another tool to get some income into
the Town to preserve some additional land in'open space or watershed
area'.
COUNCILMAN SCHONDEBARE: What this ''does, if 'it 'passes, it gives us the
power to levy the 2%. It-'doesn't mean that we're doing the 20 right now.
COUNCILMAN STOUTENBURCH: This 'has been done in'Mass,achusetts, I believe,
already.
SUPERVISOR MURPHY: Yes-.
COUNCILMAN TOWNSEND: And. Nantucket, and an "A" for effort goes to
Ruth Oliva for extensive lobbying of the Town Board with this particular
proposal. We all got, copies of the !article in The Suffolk Times,--I mean _
The. New York Times, I' get confused between the two sometimes. It's a
very interesting proposal and, certainly we should have the option.
.•TOWN ATTORNEY TASKER: Has anybody seen this 'Bill?
SUPERVISOR MURPHY: Part•of it 'just came today.
TOWN ATTORNEY TASKER: Who pays the tax, the purchaser or the seller? -T
COUNCILMAN TOWNSEND: The purchaser.
TOWN ATTORNEY TASKER: The purchaser pays?
COUNCILMAN TOWNSEND: It has to be for second homes and it 'has to be
over $100,000.00.
TOWN ATTORNEY TASKER: No, that's .not what the letter says. The letter
says that a first home .buyer, only, is 'except to the extent of $150,000.00.
Otherwise everybody pays.
COUNCILMAN TOWNSEND: Well, I think that is what I was trying to say.
MARCH 13 , 1984 73
TOWN ATTORNEY TASKER: Oh, 1 tlou`glt you said' the first $150,000.00 was
exempt.
COUNCILMAN TOWNSEND: I thought anything under $150,000. 00 is:
TOWN ATTORNEY TASKER: It's only to the first home buyer.
COUNCILMAN SCHONDEBARE: Yes. All we're doing is including ourselves
in'' the act. If we want to do it; fine. If we don't--. .
TOWN ATTORNEY TASKER: I just wondered whether anybody understood
what the Bill'was. 1 haven't seen it,
SUPERVISOR MURPHY: Something .just came from John Behan on it today, and
we just wanted to include Southold along with Southampton and East Hampton
Towns in this 'law. Yes?
INGEBORG FLYNN: May I ask a question? I am a resident of the Town of
Southold: We are paying now a tranfer tax at a fee of--for a home or real
estate--of $4.00 'a thousand. I think it was just raised by our Governor of
New York .from $1..10 per thousand to $4.00 a thousand. Is this '2 o now i 4
addition to that?
TOWN ATTORNEY TASKER: Yes.
COUNCILMAN SCHONDEBARE: Yes.
MS. FLYNN: No, we don't have it, but you can enforce it 'at any time if it
is going to be voted in'.
COUNCILMAN TOWNSEND: Yes, that is correct.
MRS. OLIVA: It has to go before the legislature. She doesn't understand.
MS. FLYNN: Yes, I understand. I am quite involved in' this procedure.
TOWN ATTORNEY: Two percent on top of the four, plus the capital gains
tax.
MS. FLYNN: Thank you.
SUPERVISOR MURPHY: Any other questions? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
COUNCILMAN STOUTENBURGH: By the way, we've sent away for a copy of
that. We really haven't. seen the law, but we should hope to have one in here
within the next week or so.
SUPERVISOR MURPHY:: Number 35.
35. Moved by Supervisor- Murphy.; seconded by Councilman Stoutenburgh,
WHEREAS, a proposed Local Law No. 2 = 1984 was introduced at a meeting
of this Board held on the 28th day. of February, 1984; and
WHEREAS, a public hearing was held thereon by the Board on the 13th day
of March, 1984, at which time all interested persons were given an opportunity
.to be heard thereon, now, therefore, be it
RESOLVED that Local Law No. 2 - :1984 be enacted as follows:
LOCAL LAW NO. 2 - 1984
A Local Law to provide for the Acquisition of Development
Rights in Agricultural Lands
The Code of the Town of Southold is hereby amended by adding a
new Chapter thereto, to be Chapter 25, to read as follows:
Chapter 25
Section 25-10 Title
This Chapter shall be known and may be cited as the
"Agricultural Lands Preservation Law of the Town of Southold.11
Section 25-20. ,Purpose
The Town Board of the Town of Southold finds that the
acquisition of. development rights in lands located in the Town of
74 MARCH 13 , 1984
Southold and used in bona' fide agricultural production will conserve,
protect and encourage the improvement of prime agricultural lands both
for the production of food and the preservation of open space `is in -the
public interest and a proper public purpose of the Town in accordance
with the findings and determinations of the New York State
Legislature, as set forth in Section 247 of the.Generd Municipal Law.
Section 25-30 Definitions
As used in this Chapter, the terms used herein are defined as
follows:
(a) Agricultural lands - shall mean lands used- in bonafide
agricultural production.
(b) Agricultural production - shall mean the production for
commercial purposes of crops, livestock and livestock .
products, but not land or portions thereof used for
processing or retail mgrchandising' of such crops, livestock
or livestock products. Land used in agricultural production
shall also include fences, equipment storage buildings,
livestock barns, irrigation systems,, and any other structures
used exclusively.,for agricultural purposes.
(c) Alienation - shall mean the transfer of any development right
from the Town of Southold to another.
(d) Committee - shall mean the Southold Town Farmland
Committee.
. i
(e) Development right - shall mean the permanent legal interest
or, right to_ prohibit or 'restrict 'thee use of land for any
purpose other than agricultural production.
(f) Structure - 'shall mean anything constructed or erected in,
on, or under the ground or attached to anything having a
location in" on, or under the ground, including fences.
Section 25-40 - Procedure for Acquisition of Development Rights
(1) Upon authorization by the Town Board, the Supervisor shall
solicit offers for the sale to the Town of development rights
in such agricultural lands as may be recommended by the
committee.
•.(2) Upon .the receipt of ,such offer or .offers, . the. Town...Board,
shall cause an appraisal or -appraisals to be made of the
market value of the development rights being offered.
(3) After receipt of such appraisal, or appraisals, the Town
- Board shall hold a public hearing on the question of the
acceptance of such offer, or offers.
(4) Within sixty ' (60) days after"such hearing, theTown Board
shall adopt a resolution either accepting or rejecting such
offer or offers.
Section 25-50 - Alienation of Development Rights
(1) Development rights acquired by the Town pursuant to the
provisiors of this Chapter, shall not thereafter be alienated,
except upon the affirmative vote of a majority of .the Town
' Board after a public hearing thereon, and upon the approval
by the electors of the Town voting on a proposition
submitted at: a special or biennial Town election. No
subsequent amendment of the provisions of this sub-section j
shall alter the limitations imposed upon the alienation of
development rights acquired by the Town prior to any such
amendment. !
(2) The instrument of conveyance transferring the development
rights to the Town of Southold shall be executed by the
Supervisor on behalf of the Town of Southold, -and the
Grantors, and shall contain a covenant specifically setting
forth the limitations on the alienation of the development
rights and the limitations on the use and enjoyment of the
estate or interest reserved by the Grantor as the same are
set forth as of the date of the Contract for the sale of said
development rights.
MARCH 13 , 1984 75
(3) Farmland Committee.
(a) The committee shall consist of five (5) member' to be
appointed by and serve at the pleasure of the Town
Board. The Chairman of the Committee shall be
designated by the Town Board.
(b) Duties of the Committee.
The Committee shall perform the following duties:
(i) To recommend to the Town Board agricultural
lands in which the development rights should be
acquired by the Town.
(ii) Review all matters relevant to development rights
and the agricultural economy in general.
(iii) To serve as a review board for the granting of
permits for the construction, reconstruction and
additions of and to structures in or on agricultural
lands in which the development rights have been
acquired by the-Town.
(iv) To promulgate such rules and regulations as may
be deemed necessary to govern the administration,
procedures and duties of the committee, which said
rules and regulations shall not become effective
until approved by the Town Board.
(v) Prepare, amend and maintain appropriate maps
delineating agricultural lands; lands in which
development rights have been acquired;
agricultural lands in which development rights are
proposed to be acquired; and such other
information as may be deemed appropriate.
(vi) Perform such other duties and functions as may
from time to time, be directed by the Town Board.
(vii) The committee shall be authorized to incur such
expenses in the performance of its duties as shall
be appropriated therefor by the Town Board.
Section 25-60 - Severability
Should any provision of this Chapter be adjudged invalid by a
Court of competent jurisdiction, such adjudication shall not affect the
validity of any other provision of this Chapter.
This Local Law shall take effect upon its filing in the Office of
the Secretary of State.
SUPERVISOR MURPHY: . Any-questions on this•? Do you want to act right now
on it? No objections? (No response.)
Vote of the Town Board: Ayes: ' Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution' was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 36.
36. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with
Chapter 25, Section 25-50(3) of the Code of the Town of Southold, "Agricultural
Lands Preservation Law of the Town of Southold," hereby appoints the following
five (51 individuals to the Farmland Committee, effective this date: Andre
Cybulski (2 year term to expire on March 13, 1986), William H. Grigonis (2 year
term to expire on March 13, 1986) . Alexander Hargrave (3 year term to expire
on March 13, 1987), Bennett Orlowski, Jr. (3 year term_ to expire on March 13_
1987), and Robert W. Villa (3 year term to expire on March 13, 1987) , all at the
pleasure of the Town Board, .and their, successors for terms of two (2)" years.
SUPERVISOR MURPHY: We can either have them serve at the pleasure of the
Town Board or put a period of time on th.eir'terms.
COUNCILMAN TOWNSEND: I think we should put at the pleasure of the Town
Board, but I think what we should do is set up a rotating schedule of periods
so that we have an opportunity for turnover and yet--.
7 6 MARCH 13 , 1984 .
COUNCILMAN SCHONDEBARE: All our committees have a termination date.
think this one should have a termination date, each member.
SUPERVISOR MURPHY: Want to make this for a two year period and then stagger?
COUNCILMAN STOUTENBURGH: No, let's ask the people in the. audience.
TOWN CLERK TERRY: What you would do is� you would appoint certain'ones
for so many years, and certain:other ones for so many years.
COUNCILMAN SCHONEBARE: Stagger them. Because right now all these
committees are expiring all on the same date.
TOWN CLERK TERRY: Or you could appoint them to expire over a five year
period similar to the Board of Appeals and Planning Board.
TOWN ATTORNEY TASKER: If you want them staggered you would appoint
one for five, one for four, one for three, one for two and one for one.
JUSTICE EDWARDS: You have them alphabetically here.
COUNCILMAN TOWNSEND: Two for two and three for one.
SUPERVISOR MURPHY: Does the Farmland Committee have any recommendations
on how to handle this?
MR. ANDRE CYBULSKI: We hadn't even thought of it.
COUNCILMAN STOUTENBURGH: But you do agree.that the idea of rotating
is 'worthy?
SUPERVISOR MURPHY: How about the suggestion of Mr. Tasker that one for -
one, one for two, one for three, one for four, one for five.
TOWN ATTORNEY TASKER: Or you could have three for two years, two for
three years, or three for three years and two for two years. Whatever you
want. if you want a staggered term.
SUPERVISOR MURPHY: Why don't we do two for two years and three for
three years and the first two are alphabetically--okay? First two for a
two year term, which would be--alphabetically would be who?
JUSTICE EDWARDS: Cybulski and Grigonis:
.SUPERVISOR MURPHY: And the three years for Hargrave, Orlowski and Villa.
Okay?
TOWN ATTORNEY. TASKER: And then their successors for terms of two years?
SUPERVISOR MURPHY: And their successors for terms of two years.
TOWN ATTORNEY. TASKER: All at the pleasure of the Board.
SUPERVISOR MURPHY: Any further question s? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
ti
SUPERVISOR MURPHY: Okay, we need a time for the public'hearing. The
'envelopes are all printed. We have a letter that is all approved from the
Farmland Committee to be sent out almost immediately. We could have the
letters out by the end of the week.'
COUNCILMAN TOWNSEND: Is there a recommendation from the Farmland Committee
on that? _
SUPERVISOR MURPHY: We have a letter all turned in' already. I think we had
a date, Judy, of April '2nd or somewhere like that.
COUNCILMAN SCHONDEBARE: April 2nd is one of those Cooperative Extension
things.
SUPERVISOR MURPHY: I'm sorry,. I meant the 3rd. The week before our
Town Board.
COUNCILMAN SCHONDEBARE: Okay.
MARCH 13, 1984 77
SUPERVISOR MURPHY: Is Tuesday, April 3rd' at 7:30 agreeable? That will
give people two weeks, approximately, to have their 'letters and see-if'the_y
want to come. Or do you think we should have more time?
COUNCILMAN STOUTENBURGH: They know about it,' Frank.
SUPERVISOR MURPHY: Buddy, do you feel two weeks. is 'enough time?
MR. CYBULSKI : I think so, yes.
SUPERVISOR MURPHY: We'll have the letters out by the end of this week,
and so it 'will be a good two weeks.
MR. CYBULSKI: Fine with us.
SUPERVISOR MURPHY: The letter has all been approved, Bob, that letter
offering---.7
TOWN ATTORNEY TASKER: I don't know, I drafted it.
SUPERVISOR MURPHY: The letter you wrote, that's .perfectly fine then?
.TOWN ATTORNEY TASKER: Has everybody looked at it?
SUPERVISOR MURPHY: You people saw it?
COUNCILMAN TOWNSEND: I haven't seen it.'
SUPERVISOR MURPHY: . No problems with it?
COUNCILMAN TOWNSEND: Would you put a copy in'our box?
TOWN CLERK TERRY: It was attached to your packet with the draft of the
Local Law.
COUNCILMAN TOWNSEND: Oh, yes, I'm sorry, I have it.'
37. Moved by Supervisor Murphy, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby sets 7: 30 P.M. ,
April 3, 1984, Southold Town Hall, Main' Road, Southold, New York, as the time
and place for a public informational -meeting, at which time any interested farm-
land owner may find out what the Agricultural Lands Preservation Law means to
him or her.
SUPERVISOR MURPHY: Any questions further? (No response.)
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: That's the last of the resolutions we have tonight.
Is there any Councilman would like to. have anything further to say? Jay?
COUNCILMAN SCHONDEBARE: . No,- can't think of anything right now.
SUPERVISOR MURPHY: Joe?
COUNCILMAN TOWNSEND: Yes, .l would. It occurs to me that while the new
format of no Executive Session on the Agenda, it saves us a lot of time, and
I'm all for that. I think sometimes it 'runs us into problems in that we don't
have Town personnel here when we want to consult with them. Sometimes we
;have to put things- on hold because-we haven't had a chance to kick them
around, or it's obvious the debate is.'going to take. too long to resolve before
we. could get to a solution. I would like to reinstate the time, at least an hour
or forty-five minutes, where. we could go over problems we might have on the
Agenda, to avoid problems like that, that sometimes occur here. For instance,
we're meeting at night after the staff has gone home, so we couldn't question
Jima on the--
SUPERVISOR MURPHY: These just. came in; that's .why, Joe. And he needed
them in'a hurry, otherwise, if you'll notice they've all been--anything that
felt was going to need a discussion, or person here.
COUNCILMAN SCHONDEBARE: Curt Horton is 'a good one, the Building
Inspector, that's a good one. We should discuss this:
SUPERVISOR MURPHY: We had discussed it 'last week, at the last meeting.
COUNCILMAN SCHONDEBARE: Yes, but we have it 'as a resolution. We discussed
the Appearance Tickets- we didn't d1-Cr i1SC anv -mninvPPc
7 8- MARCH 13 , 1984
SUPERVISOR MURPHY: No, we did, that we were calling for the list and all.
COUNCILMAN TOWNSEND: All I saying is; what I would like. to do is; I'm,
going to come in an hour early, believe it not, and go over with whoever wants
to come in--
COUNCILMAN STOUTENBURGH: I think that's .a worthwhile' idea, Joe.
JUSTICE EDWARDS: We were. pushed this afternoon.
COUNCILMAN SCHONDEBARE: Yes, I would like a little more time on Work
Sessions is what 11m. saying, Frank. A little more time. —
SUPERVISOR MURPHY: All right, fine, we could do that.
COUNCILMAN STOUTENBURGH: I think we should go over the resolutions.
SUPERVISOR MURPHY: Okay.
COUNCILMAN TOWNSEND: I think it's great that we discuss them like. this.
I think it opens the freedom form of information, but I also think it would
be nice to know something about what we are--
SUPERVISOR MURPHY: Okay. Paul?
COUNCILMAN STOUTENBURGH: Nothing.
SUPERVISOR MURPHY: Ray?
JUSTICE EDWARDS : Nothing.
SUPERVISOR MURPHY: Okay, I would just like to thank the members of the
Farmland Preservation Committee who served so well and did' so much work to
where we are to this date right now, and again; :thank you. I would like to
make an announcement and ask the papers to pick it 'up, and we will advertise,
there will be a Planning Board vacancy, a five year term, for the term of Henry
Raynor whose term expires on April 30th, :1984. We would like to have resumes-- .
he has said'that he does not wish to serve again'. He has served three terms, a
total of fifteen years. He has sent a letter to me that he does not wish to serve
again' If he changes his 'mind;:,.he. certainly can put his 'resume in again. Resumes
to the Town Clerk by Thursday, April .19th, 1984, and we will; hopefully, appoint
at our meeting on the 24th. I would also like to, at the same time, announce the
vacancy, a five year term, on the Zoning Board of Appeals, term of Charles
Grigonis, Jr. expires April '30th, .1984. 1 have not heard from Mr. Grigonis 'if
he wants to serve or not. We will' contact him.
COUNCILMAN TOWNSEND: We can appoint two members at that point. There's
a holdover.
SUPERVISOR MURPHY: Yes, quite possibly we could fill the holdover vacancy.
TOWN CLERK TERRY: I will` be putting this `in the paper.
SUPERVISOR MURPHY: These two will' be in'the paper, advertised, but if the
papers could also pick it '.up. If not, anyone in the audience like. to make. any
comments, anything? Yes, Jerry?
GERARD P. GOEHRINGER, Chairman, Board of Appeals: Could .I have two minutes
of your time, after this meeting. It does not have to be closed to the public:
SUPERVISOR MURPHY: Sure. Anyone else, care to speak? .(No response.)
,If not, I'd like to entertain'a motion to adjourn.
Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it 'was
RESOLVED that this Town Board meeting be adjourned at 9:45 P.M.
Vote of the Town Board: Ayes: Councilman Schondebare, Councilman
Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town Clerk