HomeMy WebLinkAboutTB-03/05/1996 212
SOUTI-IOLD TOWN BOARD
MARCH 5, 1996
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J . Hussie, Councilman
Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans,
Councilman William D. Moore, Town Clerk Judith T. Terry, Town Attorney Laury
L. Dowd.
9 :05 A.M. - Board of Ethics members William Milusich, Chairman, Richard Ploth, and
Blanche Katz met with the Board to discuss the revised Annual Financial Disclosure
Statement. The major change being the substitution of the words "immediate family
member" for the word "spouse", and to define immediate family member as "a spouse
or any person' claimed , as •a dependent in the Town Officer's or employee's last
individual state income tax return." ' The Board approved the changes and directed
Town Attorney Dowd to 'draw up. a Local Id w to' amend Chapter 10 of the Code to
incorporate the changes. The proposed Law will be considered by the Board at
their- March 19th meeting, and a date will be set for a public hearing.
9 :20 A.M. - Town Attorney Dowd discussed a letter from the Peconic Land Trust
suggesting .that it would be helpful if the Town Board would pass a resolution for
each conservation easement accepted by the Peconic Land Trust furthers the Town's
local legislation by protecting agricultural land, the tidal floodplain, the underground
aquifer and recharge areas, agricultural soils, and both tidal and fresh water
wetlands in the Town, as applicable. The Peconic Land Trust has recently been
conveyed an easement by Thornton E. Smith on Bergen & Sound Avenues, Mattituck,
and asks the Town Board adopt a resolution .citing the property as prime agricultural
soils. The Board agreed, and _placed a resolution (16) on the agenda to reflect
same.----Councilman Moore reviewed action taken at the February 24th Code
Committee, at which time it was agreed to recommend to the Town Board that beach
permits should be required between May 15th and December 31st of each year,
rather than May 15th and October 15th, Although Councilman Moore said he is
inclined to leave the law as 'it presently reads, which'.. he. feels encourages tourism,
the majority of the'. Board., felt there was merit in changing the law to year-round.
Town Attorney Dowd will draw up a Local Law to amend Chapter- 65 of the Code to
reflect the change and present it to the Board for consideration at their March 19th
meeting.----Town Attorney .Dowd reviewed her memorandum of February 15th to the
Code Committee,' stating that State SEQRA regulations were revised effective January
1 , 1996, and there were some significant changes. Furthermore, whereas Chapter
44 of the Town Code deals with SEQRA review, it must be amended to conform with
the State regulations. Town Board reviewed the changes, and set a public hearing
for March 19,th to consider a proposed Local Law to amend Chapter 411.----Senior
Planner Valerie Scopaz met' with the - Board to review the draft questionnaire for the
local business study. The Board asked Ms. Scopaz to be more specific on certain
questions, and asked' for a draft when she has it revised.----Senior- Accountant John
Cushman met with, the Town Board to discuss employment of seasonal police officers.
He stated that he has been in contact with the Suffolk County Department of Civil
Service and the candidates for seasonal must meet certain qualifications, including
possession of a Police Training Certificate, successfully pass psychological, physical
and physical fitness examinations. The Board agreed on a $12.00 per hour salary,
and placed a resolution on the agenda (18) to advertise for resumes.----The Board
also placed a resolution (19) on the agenda to request the NYS-DOT to conduct a
traffic study at the intersection of NYS Route 25 and Oaklawn Avenue for the
purpose of creating a No Parking zone to the east of Oaklawn Avenue where parked
MARCH 5, 1996
cars obstruct vision of people attempting to turn to the west;----Letter- from Venetia
McKeighan, Director of Human Services, asking the Town Board to appoint a Home
Health Aide (resolution 20) .----Town Board set Monday, March 18th to interview
applicants for part-time Data Entry Clerk, part-time and full-time Public Safety
Dispatchers.----Councilman Moore reported on a Police Committee meeting with Chief
Droskoski to review prior directives.----Councilwoman Hussie reviewed a memorandum
from Solid Waste Coordinator Jaynes Bunchuck recommending the rental of a trommel
screen for compost and an increase in the price of screened leaf mulch from $20.00
a ..ton to $30.00 a ton. The Board discussed the merit of the rental, .and agreed
that a two month rental would be a good indicator- of what the market is for the
screened leaf mulch. If it is successful, then they could move forward and lease
the equipment'-(resolution 21) . They also agreed to increase the price of screened
leaf mulch, but to $40.00 a ton (resolution 22) , since that is the average price from
the private sector.----Town Attorney'�Dowd discussed a letter frorn Howard Pachman,
attorney for The Traveler-Watchman, concerning legal advertising in that newspaper.
The Town Board had adopted a resolution in December, 1995 requiring an up-to-
date affidavit of paid circulation conducted by a qualified private firm specializing
in such audits to insure that the Town is not overcharged for its legal advertising.
Mr. Pachman advised the Board that the Town will be charged the minimum per line
rate of .38 cents pursuant to the rate schedule contained in the Public Officers
Law, and therefore, The Traveler-Watchman ' will not .need -to `submit. to....64: audit.
With the exception of Councilman Townsend, the Board agreed this' would be
satisfactory. Councilman Townsend said he was under- the impression the original
resolution for the audit was to determine the actual circulation numbers of The
Traveler-Watchman. A resolution (23) was placed on the agenda to amend the
December 12, 1995 resolution.
EXECUTIVE SESSION
11 :45 A.M. - On motion of Councilwoman Oliva, seconded by Councilman Moore, it
was Resolved that the Town Board enter into Executive Session to discuss CSEA
negotiations. Vote of the Board: Ayes : Supervisor Cochran, Councilwoman Hussie,
Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. Also
present: ' Town Clerk Terry, Town Attorney Dowd, Senior Accountant Cushman,
Insurance Consultant William F. Mullen, Jr.
11 :55 A.M. - The Town Board continued ,in Executive Session for discussion of
personnel and litigation.
12 :45 P.M. - Recess for lunch.
2 : 15 P.M. - Work Session reconvened and the Board discussed the - proposal to hire
the consulting firm of Albrecht, Viggiano, Zureck 8 Company, P.C. to provide a
needs and. cost analysis with regard to the possible acquisition of a Town Hall which
will service both the Town's current and anticipated future needs. Councilman
Townsend and Councilwoman Oliva - expressed opposition to such a proposal.
Councilman Townsend said he was concerned that the acquisition of the North Fork
Bank building on Youngs Avenue, Southold, would lead to increased staffing, that
the economy would not support the purchase & renovation costs would be excessive.
Fie would like the needs assessment to take into consideration that the need for-
storage space would not be .as great once records are computerized, thereby freeing
up work space. Supervisor Cochran said she would put a resolution on the agenda
(211) to hire the firm. Councilman Townsend will submit a list of items he wishes
addressed in the assessment.----Town Board discussed a proposal by Recreation
Supervisor Ken Reeves to have the summer, fall and winter brochures inserted in
the newspaper. - . After reviewing , the cost for this proposal, it was agreed the
idea should wait until 1997, and put th6 needed funds in that budget, or perhaps Mr.
Reeves should explore the ,cost of having the newspaper print • the brochure as a
center--fold pull-out.----The Board spent time reviewing the final report of the
Committee on Local Taxes. At the conclusion of the discussion Councilman Townsend
offered to draw up a proposal for coordinating certain services with other taxing
entities.----The Board briefly reviewed the applications received for the 1996 Grants
Program. This matter will be discussed again at the Marcie 19th work session.----
Supervisor Cochran reported on her meeting with Mike Frank from the Suffolk
County Department of Recreation and Parks, at which time they discussed county-
owned parks and beaches in Southold Town.
4 :05 P.Ivi. - The Town Board reviewed the resolutions to be voted on at the 7 :30
P.M. Regular Meeting.
4 :20 P.M. .- Work Session adjourned.
214
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on March 5,
1996, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge of-
Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman' Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva'
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
Moved by, Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby ordered paid:
General Fund Whole l"own bills in the amount of $131,979.00; General
Fund Part Town bills in the amount of $4,427.59; Community Development
Fund bills in the amount of $16,056.00; Highway Fund Whole Town bills in
the amount of $6,181 .56; Highway Fund Part Town bills in the amount of'
$2,577.69; Employee . .Health Benefit Plan bills in the amount of
$109,049.68; Fishers Island Ferry District bills in the amount of
$17,625.84; Refuse & Garbage District bills in the amount of $53,749.68;
Southold Wastewater District bills in the amount of $666.25; Southold
Agency & Trust bills in .the amount of $5, 174.33; Fishers Island Ferry
District Agency E Trust bills in the amount of $1,118.74.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,.
Supervisor Cochran.
This :resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Approval of minutes February 22nd Town
Board meeting.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the minues of the- February 22, 1996, Town Board
meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,'
Councilwoman Oliva, Councilman. Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Supervisor Cochran, seconded by Justice Evans, it was
RESOLVED that the next r.eqular meeting of the Southold Town Board
will be held at 4:30 P.M.,- Tuesday, March 19', 1996, at the .Southold
Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Moore, Justice 'Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman' Hussie,
Supervisor Cochran.
This resolution was duly. ADOPTED.
SUPERVISOR COCHRAN: As you ; can see we-have a public informational
meeting at 8:00 P.M., for which we will be stopping any business close to
that time. it's not a . public hearing. It's an informational meeting, as
close as we can stop on any given piece of business we're conducting we'll
commence with the informational meeting. You all have copies of the
agenda. If not, it's on the table out in the front foyer. The report are
listed, as are public notices.
I . REPORTS.
1 . Southold Town Scavenger Waste Treatment Facility Monthly Report
for February, 1996.
2. Southold Town Building Department Monthly Report for February,
1996.
3. Southold Town Clerk's Monthly Report for February, 1996
MARCH 5, 1996
II . PUBLIC NOTICES.
1 . U.S. Corp of Army Engineers, New York District, application of
Suffolk County Department of Public Works to dredge material from Little
Creek at Cutchogue, New .York, with ten years maintenance and associated
beach nourishment. Comments to be received by March 22, 1996.
2. U.S. Corp of Army Engineers, New York District, application of
. Nell McGoldrich to dredge ..with ten years maintenance and subsequent
beach nourishment, and repair an existing groin in Halls Creek, Mattituck,
New York. Comments to be received by March 29, 1996.
III . COMMUNICATIONS.
SUPERVISOR COCHRAN: Ray Jacobs has gotten a lot of nice letters from
different people, and they've come into the Supervisor's Office, for the
job that was done. Also there was a nice letter to the ZBA from Joseph
McKay.
1 . Anthony Leone of Mattituck to the Highway Department
commenting on their courteousness and responsiveness during a recent
snowstorm..
2. Joseph A. McKay, President of the New Suffolk Civic
Association supporting the approval of the plans for Robins Island as
submitted on February 7, 1996 to the Zoning Board of Appeals.
IV. PUBLIC HEARINGS.
1 . 8:00 P.M. , Informational Meeting regarding the proposed
construction of a launching ramp at Narrow River and Orient Harbor.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: I'd like to bring to your attention that before
resolutions, anyone in the audience is more than welcome to address any
of the resolutions listed'. You'll have an .. opportunity later on for
discussing any given subject with the Town Board. But, this is the place
for any comments on resolutions. Mr. Carlin?
FRANK CARLIN: Frank Carlin, Laurel. Resolution 18,•,. Seasonal
Police Office, that's about all it is, isn't it? That's not going replace
our regular police?
SUPERVISOR COCHRAN: No.
FRANK CARLIN: We're not going to start using them to replace our
regular policeman; are we?
COUNCILWOMAN OLIVA: Can't.
FRANK CARLIN: Okay.
SUPERVISOR COCHRAN: Is there anyone else who would like to make a
comment on any of the listed resolutions? (No response. ) Hearing none,
we'll begin the resolutions.
1 . - Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the resignation of Stanford Searle and Lawrence M. Tuthill, Jr. from
the Solid Waste Management Task Force, effective immediately.
1 --Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran. -
This resolution was duly ADOPTED.
MARCH 5, 1996
2 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modification to the East-West Fire Protection
District 1995 Budget:
To:
Revenues:
SF.2401 .00 Interest & Earnings $ 4, 100.00
Appropriations .....
SF.9010.8.000.000 Firemen's Service Award $ 11, 100.00
2--Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED..
3.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that • the Town Board of the Town of Southold hereby
authorizes the following - modification to Highway Fund Whole Town 1995
Budget:
To:
DA.5130.4.400.650 Machinery, Contractual Expenses $ 2,000.00
Maintenance & Repairs
From:
DA.9040.8.000.000 Workers Compensation $ 2,000.00
Employee Benefits
3.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend., Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
'I.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
approves the amount of $405,295.00 for a bond for roads and improvements
in the major subdivision of North Fork Industrial Park (a.k.a. Tide
Croup), Depot Lane, Cutchogue, N.Y.,, all. in accordance with the
recommendation of the . Southold Town Planning Board and Engineering
Inspector Richter. .
4.-Vote of. the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman.,. Hussie, .
Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute the lump
sum drawdown agreement for the Consortium Home Improvement Program,
all in accordance with the approval of the Town Attorney.
5.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman: Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
6 .-Moved by Justice Evans, seconded by Councilwoman Hussie,
WHEREAS, the:, Board of Commissioners of the Fishers Island Ferry
District have declared that emergency repairs are required for the MV
MUNNATAWKET in order to return the vessel to service as soon as
possible; now, therefore, be it
RESOLVED that the Town Board of the .Town of Southold hereby concurs
with the Board of Commissioners that an emergency does exist, and grants
permission to the Board of Commissioners to prepay in the amount of
$7,500.00 for the purchase of one (1) Twin Disc MC 514 C Marine Gear to
be transmitted by Federal Express or Express Mail to California Diesel &
Equipment Inc., Wilmington, California, for the . repair of the port main
engine on the MV MUNNATAWKET.
6.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly -ADOPTED.
MARCH 5, 1996 217.
7 --Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
rescinds resolution no. 16, adopted on February 6, 1996, increasing from
$15.00 to $20.00 the charge for a check which is returned as unpaid or
dishonored for insufficient funds.
7 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
B .-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Pund Whole Town 1996 Budget to appropriate a donation for
the purchase of 12 chairs for the Human Resource Center: ---
To:
Revenues-
A.2705.110 Gifts r; Donations, Other $ 250.00
Appropriations:
A.6772.2500.200 Programs for the Aging, Equipment
Chairs $ 250.00
8 --Vote of the Town Board: Ayes,; Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
9--Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1996 Budget to provide an appropriation for
January, 1996 Insurance Consultant Services:
To:
A. 1910.4.500.300 Insurance, Contractual Expenses $ 1,750.00
Insurance Consultant
From:
A. 1910.11.300. 100 Insurance, Contractuai Expenses $ 1,750.00
Commercial Package
9.-Vote of the Town Board: Ayes:. Councilman Moore, Justice Evans,
Councilwornari Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
10 .-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of .the Town of Southold hereby modifies
the Solid Waste District 1995 Budget as follows to cover overdrawn line
items:
To:
SR.8160.4.100.100 Refuse & Garbage, C.I:,.
Office Supplies/Stationary $ 100.00
SR.8160.4.100.525 Refuse & Garbage, C.E,
Tires (Payloader/Truck) 175.00
SR.8160.4.200.100 Refuse & Garbage, C.E,
Telephone 225.00
SR.8160.4.600.800 Refuse & Garbage, C.E,
Petty,,Cash Expenses 50.00
From:
SR.8160.4.100.125 Refuse & Garbage, C.E,
Miscellaneous Supplies # 550.00
10.- Vote of the Town Board: Ayes: Councilman 'Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
MARCH 5, 1996
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1995 Budget to cover several overdrawn line
Items:
To
A.1670.4.400.600 Central Copying & Mailing, C.E.
. Equipment Maintenance-& Repairs $ 40.00
A.3020.4.600.200 Public Safety Communications, C.E.
Meetings & Se1j'a ears 375.00
A.3120.1.100.200 Police, Personal Services
Overtime Earnings 1,100.00
A.3120.1.100.300 Police, Personal Services
Vacation Earnings 2,900.00
A.3120.4.400.650 Police, Contractual Expenses _-
Velnicle Maintenance & Repairs 23,000.00
A.3120.4.400.700 Police, Contractual Expenses
Vehicle Impound 200.00
A.3130.4.400.650 Bay Constable, Contractual Expenses
Vehicle Maintenance & Repairs 70.00
A.3157.1.100.100 Juvenile Aide Bureau, Personal Services
Regular Earnings 1,400.00
A.3157.1.100.300 Juvenile Aide Bureau, Personal Services
Vacation Earnings 140.00
From:
A.1670.4.600.500 Central Copying & Mailing, C.E.
Express Mail $ 40.00
A.3020.4.100.600 .Public Safety Coimunicaliorns? C.E.
Uniforms & Accessories 375.00
A.3120.1.100.100 Police, Personal Services
Regular Earnings 7,740.00
A.3130.4.200.100 Bay. Constable, Contractual Expenses 1
Cellular Telephone 70.00
11 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor dochran.
This resolution was duly ADOPTED.
12 . -Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Employee Health Plan 1995 Budget to cover overdrawn line Items:
To:
Revenues:
MS.5990 Appropriated Fund Balance $126, 100.00
!Appropriations:
MS. 1910.4.000.000 Insurance, Contractual Expenses $ 1,100.00
MS.9060.8.000.000 Hospital & Medical Benefits 125,000.00
COUNCILMAN TOWNSEND: I'll explain this one, because it's a . rather
large one. This year we had a rather bad experience with our self-paid
health insurance, or self-insured health insurance benefits. Generally
we've done very well with that program, better than the Empire Plan,
which is the Blue Cross, Blue Shield Plan. This year we had a bad
experience, and we reviewed, and determined that it may be because It is
such a good plan, so we're 'looking into the possibility of increasing the
self-paid portion of doctors. co-payments for doctors and prescriptions,
and things like that. It's, going to be an Item for negotiation with the
Union, but it represents a significant additional expense. Hopefully, we
can turn that. around for .another year.
12.-Vote of the Town Board Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman ' Townsend,-' Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
MARCH 5, 1996
13.- Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that tiie Town Board of the Town of Southold hereby
authorizes the following 'modification to the Lands End Road Improvement
District 1995 Budget to cover an overdrawn line item:
To:
SM4. 1420.It.000.000 Bond Counsel $ '120.00
From:
SMt1. 1990.It.000.000 Contingent $ 1120.00
13.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Ill.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that . the Town Board of the Town of Southold --hereby
authorizes a refurid of $6.66 to Albert Carene, which sum represents tiie
cost of a Road Map which . Mr. Carene was not satisfied with when he
received it, and returned it for a refund.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
15 .- Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town .Board of tiie Town of Southold hereby allows
James Rambo, Inc., : Bishop Lane, . Southampton, NY 11968, to bring
concrete rubble to tiie Southold Town Landfill, at no cost, as part of a
joint project with the Town of Southold in the construction of a rock
revetment project along Luther's Road, Mattituck, N.Y.
15 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman I-lassie,
Supervisor Cochran.
This resolution was duly ADOPTED.
16.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva,
WHEREAS, h1s the policy of the Town of Solsthold to preserve prime agricultural soils
and to protect the scenic, open space character-of the Town; acid
WHEREAS, the Town of Southold's.Master Plan of 1973, amended in 1986'and 1989,
has taken the following actions tp clearly define, delineate and implement its policy to preserve
prime agricultural soils and to�rotect the scenic, open space character of the Town, specifically by
the adoption of;
1 . Section 59-10 through 59-60 of Local Law No. 2-1988 adopted by the Town
Board of the Town of Southold on 3-22-88 known as Open Space Preservation
legislation, finds that the acquisition of open space in the Town of Southold, if
preserved and maintained in their present open state, is in the public interest and a
proper purpose of the Town in accordance with the findings and deternunation of
the New York State Legislature, as set forth in S 247 of the General Municipal
Law.
2. Section 25-10 through 25-60 of Local Law No. 2-1984 adopted by die Town
Board of the Town of Southold on 3-13-84 known as Agricultural Lands
Preservation legislation finds that the.acquisition of development rights in lands
located in the Town of Southold and used in bona fide agricultural production will
conserve,protect and encourage the improvement of prime agricultural lands, for
the production of food and preservation of open space, and 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 S 247 of the
General Municipal Law.
3, Section 97-10 through 97-33 of the Code of the Town of Southold known as
Wetlands, to preserve, protect, and to maintain the Town's wetlands for the
protection of its citizens.
220 MARCH 5, 19-96
WHEREAS,Thornton Smith, residing at 44 Brookside Drive, Plandome, New
York 11030,is the owner.of agricultural lands situate Bergen Avenue and Route 25, Matdtuck,
New York, 11962 further identified as Suffolk County Tax Map Parcels #1000.0-121.0-01.0-1.1
and #1000.0-113.0-07.0-19.20; and
WHEREAS, a portion of the property is productive farmland at present; and
WHEREAS, the soils on Thornton Smith's property have been identified by the United
State's Department of Agriculture Soil Conservation Service's Soil Survey of Su f olk County.
New YQr as prime agricultural soils of Class I and'Class U quality; and
WHEREAS, despite the efforts of the different levels of government, prime agricultural
soils continue to.be converted to other rron-agricultural uses in-Southold; and
WHEREAS, the Town Board wishes to encourage other methods of open space-and
farmland preservation including the voluntary granting of conservation easements by private
landowners to private conservation organisations; and
WHEREAS,Thornton Smith has already sold the development rights of his agricultural
land to the Town of Southold; and
WHEREAS, Thornton Smith has granted a Conservation Easement to the Peconic Land
Trust reducing the density of the Property from 22 lots down to no more than 6 lots; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the
Conservation Easement conveyed by Thornton Smith to Peconic Land Trust on January 26, 1996
is pursuant to the Town's clearly delineated public policy to preserve prime agricultural soils and to
protect the scenic, open space character of the Town, and that said conveyance will yield a
significant public benefit, and;
BE IT FURTHER RESOLVED, that the Southold Town Clerk forward a copy of this
resolution to Mr. Thornton E:Smith, f.a.s.c.e., 44 Brookside Drive, Plandorne, NY 11030; and.
to the Peconic Land Trust, P.O. Box,2088, Southampton, New York 11969.
1 6 •- Vote of the Town Board': Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, :, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
1 7•- Moved by Councilman Moore, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 5th day of March, 1996, a . Local Law entitled, "A
Local Law in Relation to Environmental Quality Review Law"; now,
therefore, be it
RESOLVED that the Town Board hereby sets 5:00 P.M. , Tuesday, March
19, 1996, Southold Town Hall, Main Road, Southold, New York, as time
and place for a, public hearing on this Local Law, which reads as follows:
A Local Law In Relation to Environmental Quality Review Law
I. Chapter 44 (Local Laws, Adoption of) of the Code of the Town of Southold is
hereby amended as follows: .
1. Section 44=3 is amended as follows:
No decision to carry out or approve an action, other than an-aetien-listed-in
�es�44-4B-hereeer�es-61a� ef-the-I +�les; as a Type If action shall be
made by a town agency until there has been full compliance with all re-
quirements of this chapter and the Rules;-provided;-however;that nothing
her-ein-shall-be-construed-as grehibWng--
A: The=cendusting-of-sentemger-aneeus-environmental;.engineering;
economic feaslbility-er-ether-studies-and-preiiminary-planning--and
budgetary-pr-osesses-necessary-te-the-fermulatler-}-ef-a-prepesal-for
action-which-do-net-commit-the-town-te-approve;-commence-er-engage
in-sash-action:
13-. q-he-granting-ef-any-part-of-an-appiiGatien-whieh-relates-only-te
teehnieal-speeifieatiens-and-requi rem ents;-provide d-that-ne-such
par-tial-appreval e,hall-entitle-er-permit-the-applicant-te-eemmense-the
actlen-until-al l-regwirements-ef-this-chapter-and-the-Rules-have-been
fulfilled:
MARCH 5, 1996 ��
2. Section 44-4 is amended as follows:
A. Consistent with the Rules and the criteria therein, the actions listed in
Section 6-442 617.4 of the Rules as Type I actions are likely to have
a significant effect on the environment.
B. Consistent with the Rules and the criteria therein, the actions listed in
Section 617-12617:5 of the Rules as Type II actions are deemed not
to have a significant effect on the environment.
C. Consistent with the Rules and the criteria herein all actions-riot
identified as a Type I or Type II action shall be an unlisted action.
3. Chapter 44-8 is amended as follows:
A. If the town agency determines that the proposed action will not have a
significant effect on the environment, the town agency shall prepare,
file and circulate such determination as required by Seetl9n-raV-7-(b)-ef
the Rules, and (hereafter the proposed action may be processed with-
odt further regard to this chapter.
B. If the town agency determines that the proposed action may have a
significant effect on the environment, it shall prepare, file and circulate
such determination as required by Seet1en-6W-.7(b)-ef the Rules, and
thereafter the proposed'action shall be reviewed and processed in
accordance with the provisions of this chapter and the Rules.
4. Chapter 44-10 is amended as follows:
i .
A. Upon completion of a draft environmental impact statement.prepared
by or at the request of the town agency, a notice of completion con-
taining the specified information speei#ied-an�eetieF} 617 7(d)-ef-the
RwIes shall be prepared, filed and circulated as provided irSeetien
617-J(e)-and4f) 617.9 and 617.12 of the Rules. In addition, such notice
shall be published in the official town newspaper and a copy thereof
posted on the Town Clerk's signboard. Copies of the draft environmen-
tal impact statement and the notice of completion shall be filed, sent,
and made available as required by SeGtibn-61-7-7(e)-and-Ef)-ef the
Rules.
B. In the event that the town agency determines that a public hearing
shall be held on a draft environmental impact statement, notice thereof
shall be filed, circulated and sent in the same manner as the notice of
completion and shall bey published in the official town newspaper at
least ten440) fourteen (14) days prior to such public hearing. Sueh
netiee-shall-aise-state-the plaee-where-substantive-written-eemMents
err-4he-4r-aft-environmental-impaet-statement-may-be-seat-arid-the-date
befer-e-whieh-sueh-eeFnments-shall-be-Feeeived- The hearing shall com- .
mence no less than fifteen (15) calendar days nor more than sixty (60)
calendar days of the filing of the draft environmental impact statement,
unless the town agency determines that additional time is necessary
for the public or other agency review of the draft environmental impact
statement or where a different hearing date is required as appropriate
under other applicable law:
222 MARCH 5, 1996
4. Chapter 44-11 is amended as follows:
If, on the basis of a.draft environmental impact statement or a public hear-
ing thereon, the town agency determines that an action will not have a sig-
nificant effect on the environment, the-pr-epesed-astieR-may-be-preeessed
witheut-fuFther-regal-te-this-shapter: no final environmental impact state-
ment need be brepared and a negative declaration may be prepared filed
and published.
5. Section 44-14 is amended as follows:
No decision to carry out or approve an action which has been the subject
of a final environmental impact statement by a town agency or by any other
agency shall be made until a reasonable time period after the filing and
consideration of the final environmental impact statement. Where the town
agency has been,lead agency for an action, it shall make a decision
whether or not to approve the action within thirty (30) days of the filing of
the final environmental impact statement.
6. Sections 44.15.A. & B. are hereby deleted as follows:
A. Consistent with social, economic and other essential considerations of
state policy, to the maximum extent practicable, from among the
reasonable alternatives thereto, the action to be carried out or ap-
proved is one which minimizes or avoids adverse .environmental
effects, including the effects disclosed in the relevant environmental
impact statements.
B. All practicable means will be talon in carrying out or approving the
action to minimize or avoid adverse environmental effects.
7. Sections 44-15 A. and B. are amended by adding the following:
Findings must:
A. Consider the relevant environmental impacts, facts and conclusions
disclosed in the final EIS:
B. Weigh and balance relevant environmental impacts with social,
economic and other considerations:
C. Provide a rationale for the agency's decisions
D. Certify that the requirements of this Part have been met;
E. Certify that consistent with social, economic and other essential con-
siderations from among the reasonable alternatives available the
action is one that avoids or minimizes adverse environmental impacts
to the maximum extent practicable, and that adverse environmental
impacts will be avoided or minimized to the maximum extent prac-
ticabie by incorporating as conditions to the decision those mitigative
measures that were identified as practicable.
8. Section 44-18 is amended as follows:
Where more than one (1) agency or department is involved in an action,
the procedures of Sections 9-W-A 617.E and-6-1-7-9 of the Rules shall be
followed.
MARCH 5, 1996 223
9. Section 44-19 is deleted as follows:
Aetien"ndertaken-eF-apprewed-pr-ier-te-the-dates-speeified-in+r-tfele B of
the-€nvirenmental-Gonservatien-L-aw-for-leeal-agencies-shall-be-exempt
€rem-this-chapter-and-the-pr-evielens ef-Ar-tiele-B--ef-the-i=nvir-enmental
Gensewatien-Law-and-the-Rules,provided;hewever,that-if-after-such
dates-a-tewn-agency-medifies an-action-undertaken-er-appr-eved-prier-te
thaWate-and-such-agency-determines-that-the-medificatien-may-have-a
Big nifi Gan t-adverse-ef€eet-en-the-envir-enment;such-medifisatien-shall-be
a n-action-subject--te-this-sha.pter-and-6-NYGRf�-64-7-
10. Section 44-20 is amended as follows:
Where an action subject to this chapter involves an applicant, a fee shall
be paid to the town in accordance with 6 NYCRR.6 -T-7 617.13. Where
the-tewri-must-prepare-a-final-envir-enmental-impact-state men t, the-€ee
charged-te4he-applicant-shall-bb'the-aofual-sest4ncurred-hy-the-town-
II . This Local Law shall take effect upon its filing with the Secretary
of State.
17 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend,,, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
1 8. - Moved by Councilwoman Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for
Seasonal Police Officers, at a salary of $12.00 per hour.
18.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
19.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it
was
RESOLVED that the Town Board of the Town of Southold hereby
requests the New York State Department of Transportation to conduct a
traffic survey at the Intersection of NYS Route 25 and Oaklawn
Avenue, Southold, for the purpose of creating a No Parking zone on the
south side of NYS Route 25 for distance of approximately 100 feet
easterly from. Oaklawn Avenue. Presently, parking of vehicles obscure
traffic and is dangerous for vehicles exiting Oaklawn Avenue and .
turning westerly onto NYS Route 25:'
19 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
20 .- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board• of the Town of Southold hereby
appoints Stella Bertolinl as an EISEP Aide, effective March 11, 1996,
17-1/2 hours per week, at a salary of $6.18 per hour.
20.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Fiussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
224 MARCH 5, 1996
21 .- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the rental of a trommel screen for processing leaves at the
Disposal Area, from Edward Ehrbar, Inc. , for a period of two (2)
months, at a cost of $10,000.00 per month.
21 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, _
Supervisor Cochran.
This resolution was duly ADOPTED.
22 .- Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
increases the price for the sale of screened leaf mulch from $20.00 per
ton to $40.00 a ton, effective immediately.
22 . - Vote of . the Town Board: Ayes: Councilman Moore, Justice . Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly .ADOPTED.
23 .- Moved by Councilwoman Hussie, seconded by Councilman Moore, it was'
RESOLVED that the Town Board of the Town.,of Southold hereby amends
resolution no. 42, adopted on December 12, 1995, to read as follows:
"WHEREAS, Public Officers Law bases the cost of printing the Town's
legal notices upon the paid circulation for those newspapers; and
WHEREAS, the Town should not pay more for its legals than it is legally
obligated to pay; and
WHEREAS, a newspaper.'s circulation can be accurately measured by an
audit from an accredited auditing firm; now, therefore, be it
RESOLVED that the Town . Board of the Town of Southold hereby adopts
the policy that the Town shall pay the lowest rates for legal advertising
specified in the Public Officers , Law - 70-a, or if a higher rate is
charged, the rate shall be justified by an up-to-date affidavit of paid
circulation conducted by :" a qualified private firm specializing in such
audits such as the Audit Bureau of Circulations. or equivalent."
COUNCILMAN TOWNSEND: Discussion pn the motion. I'm concerned
about this resolution. The original resolution didn't mention paying the
lowest rate for a circulation of under $2,000, While I will admit. that the
original resolution, a goal, that was to pay an accurate rate, pay the
lowest rate based on the circulation of that paper,. I will note that the
last time we paid this paper for it's legals, we paid. circulation based on
12,000 people, a circulation of 12,000. It seems to me that's a radical
jump from 12,000 to under 2,000, and if we had not put this resolution in
force, what would we be paying based on " 12,000? It's rare that I
editorialize from up here,°and I know that having been the subject of some
editorials, that I felt were unfair, I hope I'm not being unfair, but it
seems to me that we, as a town, have been ill-used by this paper, if we
have been paying for a circulation that's significantly higher than we
should have been paying for. In fact, most of the advertisers for this
paper has been ill-used. We asked for an audit. I think one of the
traditional reasons for an audit is so you can determine that you're
advertising in a, paper that has general circulation. We have no idea what
the general circulation is. In fact, this resolution, if I put out a paper
out of my office tomorrow with a circulation of ten, I would be eligible
for the same rate.
COUNCILWOMAN HUSSIE: Only if it were a newspaper, that was sent as
second class matter in the United State Post Office, which has a certain
number of regulations, more than ten from your office.
COUNCILMAN TOWNSEND: I'm glad to hear that. At any rate, because
of that I'd like to table this, and discuss the issue of what we've been
paying in the, past, and whether this constitutes a possibility of a fraud,
or a violation of prior. .or some sort of violation.
COUNCILWOMAN HUSSIE: Are you forming a motion?
COUNCILMAN TOWNSEND: I'm saying we should table this motion.
TOWN CLERK TERRY: You have to make a motion to do that.
MARCH 5, 1996
COUNCILMAN TOWNSEND: I make a motion we table this.
Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that resolution #23 be TABLED.
Vote of the Town ' Board: Ayes: . Councilwoman Oliva, Councilman
Townsend, No: Councilman Moore, Justice Evans, Councilwoman
Hussie, Supervisor Cochran...._.- ...
This resolution was duly LOST.
SUPERVISOR COCHRAN: Is there any further discussion on Resolution
#23?
COUNCILMAN MOORE: Before we vote I'll just make my cornment as we go
down the line. My understanding was to make sure that you—paid the
lowest rate, and that's what has been offered. It also was my
understanding that the Board to save money engaged the policy several
years ago to change papers from the two locals back and forth, and that
has been accomplished, and wasn't changed. I think that the suggestion
is, that the audit is now being used for purposes other than it was
originally intended. In any event, I vote, yes, on #23.
COUNCILWOMAN OLIVA: I would like to say, that I do think that we
didn't go really with the lowest rates. We wanted to make sure, that the
circulation reached the most people possible, and I hope in the future
that we will do .that.
COUNCILMAN TOWNSEND: I voted in the past on both papers be the
official papers,because I felt that both had general circulation, and felt
that since they both went . to the trouble of doing business in town, and
covered the meetings, and report on , the meetings, and represented
different points of view, .than it's worthwhile for the Town to serve those
constituencies. So, I've always voted that way. What concerned me in this
issue was the dramatic change in what maybe the circulation, and it
brought to mind the question of. what had we been paying for before?
That's why I wanted to look at the resolutions, but I will vote, yes,
because I believe that given the fact that they are in business, and they
are covering the town, they should have the legals, because they do have
a readership.
23.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
211 .-Moved by C,ouncilwornan Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of- the consulting firm of Albrecht, Viggiano, Zureck &
Company, P.C. , at a cost not to. exceed $5,000.00, to prepare a needs and
cost analysis with regard to possible acquisition of a Town Hall which
will service both the Town's current and anticipated future needs, all in
accordance with their proposal dated February 22, 1996.
211.Vote of the Town Board: Ayes: Councilman Moore, Councilwoman
Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor
Cochran. No: Justice Evans.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We still'have a few minutes before eight o'clock.
We have to wait a few more minutes, because it has been advertised for
eight o'clock, and in case someone that might come in at one minute to
eight, we really should wait until eight. You noticed that rhymed, wait
until eight. We have about seven minutes. Maybe I can call for some
Councilpeople reports, or maybe I'll start mine, and then finish it up
later. I had a busy two weeks, and I'd like to share with you some of
the things, that I did have on my calendar. First, before that, I'd like
to thank the Cutchogue-New Suffolk Historical Council for the display in
the front foyer. It's reproductions of: water colors by Ovella Long,
which consists of windmills, and water towers, and pump houses. I believe
there's forty-two in all, and it certainly makes a nice display.
thought it was pretty interesting. Many of these water towers you've seen
from time to time traveling back and forth between Riverhead and here,
MARCH 5, 1996
and most of them are falling apart, and falling down, but they are part of
our character, and our heritage, so it's a lovely display if you happen to
be in the area of Town Hall stop in and see it. Also, myself, and
Councilwoman Hussie, and Louisa from Fishers Island, we had an
opportunity to take a, tour, such as it was, to Millstone, the nuclear
plant across the way. For those of you who do not know, we are part of
tl�e emergency system, because Millstone is closer to us than Shoreham
would have been, and Fishers Island is in the prevailing wind, so they're`
a part of the plan, if anything happens over .there: It's unfortunate that
we didn't read the article in the Time Magazine first before we went,
because I think we would have had a lot more questions. They did spend
the first thirty-five minutes telling us about their siren system to the
point where I didn't want to hear about sirens again as long as I live,
but they are very important in letting people know that there is a
problem. But, I think I . would have preferred a first hand tour of the
plant, and learned a little more about the inner workings. That certainly
would have been beneficial to myself. I had the opportunity to attend the
ten Town Supervisors' meetings up in Babylon, my first meeting. I met
the rest of the Supervisors in Suffolk County, those that I hadn't met.
The program for the day was Riverhead presenting their Master Plan on
the Calverton site, the development of the old Grumman site. This was
shared with all ten Supervisors, and Riverhead feels very strongly, that
as it progresses it will be providing jobs for most of Suffolk County.
think that no matter what party you belong to, .be it Democrat, or United-
Southold, or Republican, there's- something, and opportunities, that you
have in your life, that are exciting. I had the opportunity once, as
President of the Suffolk County Girl Scouts Council to attend a reception
at the White House, and I met Mrs. Carter. Well, this past weekend I was
asked to be one of :the official greeters to Mrs. Dole, as the Senator's
plane landed in McArthur Airport. So, I had the opportunity, not only
to be part of the welcoming party for Mrs. Dole, but, also, for Senator
Dole. So, it's exciting to .meet the Governor of Massachusetts, and the
Senator from Utah. These are some of the nice little things that happen
to you in the job.
COUNCILMAN TOWNSEND: Are you going; to vote for Senator- Dole?
SUPERVISOR COCHRAN: I haven't made a decision, Joe. Don't get smart
now. I knew you were going to say something. But, it's still,. exciting.
Monday I had the opportunity to travel to Bethpage State Park. The
Secretary of, State, Alexander Treadwell, and the. Commissioner of New
York State Parks, Bernadette Castro, they want to have a committee, and
this has been passed by .the State Legislature creating this committee, but
they're working on a committee to define historic centers of maritime
activity, . and through existing programs, that are already in place, and in
partnership with .local government. They want to form a program, that
will identify, recognize, and preserve, and foster the beneficial
employment of historic, recreational, commercial, and cultural resources,
which is . associated with maritime activity. We had our first meeting on
Monday. It was exciting being asked by the Secretary of State to serve
the State in this capacity. We have six months to do our work. At that
time there should be a report. But, I'm looking ,forward to involving
people from the Southold community. We have a lot of shoreline. They
would like to see not only people interested.. in history, but those that
are baymen, that earn their living from the water, just anyone who has
any interest in the waterfront on the Sound, and into the bay. So, you'll
be hearing more about that in the future. I think it's going to be a good
committee that will help identify areas for tourism throughout the island.
Everyone is quite excited about it, and I was honored and pleased to be
asked to serve. I'll cut., it , at this point, because it is now eight
o'clock. Can I have a motion to recess?
Moved by Councilwoman Oliva,. seconded by Councilman Hussie, it was
RESOLVED that a recess . be .called at this time, 5:00 P.M. , for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 8:25 P.M.'
MARCH 5, 1996 227
SUPERVISOR COCHRAN: We can comment. Let's see I started on this side
last time. I'll start with Louisa.
JUSTICE EVANS: I have no comments.
SUPERVISOR COCHRAN: Nothing on Millstone?
COUNCILWOMAN HUSSIE: I'm going to use Louisa's time. About one year
ago, we hired one police officer to supplement our police force. Since
that time we've spent almost $20,000" and a long time on lawyers, a
private investigator, in an attempt to have someone on the list removed.
We did not have any success. This Board has been saying for the last
four Board meetings, that we're going to hire. Oh yes, we're going to
hire next week: We're going to hire next week, and quite frankly, this is
a attempt to explain to all those people, who have been calling me up, and
saying, what is ..going on, • and why aren't you hiring? Some Board
members last week requested that we wait until February 29th, because
on February 29th, certain papers were going to be filed. The rest of
us agreed to that date, and although we. were aware that February 29th
was no magic date, it was not a solution to the problem, which is adequate
police for the protection of the people in Southold. February 29th has
come, and February 29th has gone. Now, I and some other members of
the Board, are waiting for decisions, appeals, and other dispositions,
that might come down from this presentation of papers on the 29th.
This could take us through and. past the summer. I want to go on record
as being ready, willing, and unfortunately, not able to hire the policeman
that we need. The moral issue, which is always presented as a reason to
delay hiring seems insignificant in light of the fact that we need police
manpower. That's all I have to say. „
SUPERVISOR COCHRAN: Thank you. Joe, do you want to say something?
COUNCILMAN TOWNSEND: I'd like to respond to that. I don't think
you can minimize the, quote, moral issue, on this. One police force
already did dissolve based on these issues, and I think it's up to us. I
think it's a very serious matter, and I` think that we have to have a
hearing on it,, otherwise, in my opinion, we're not doing our job. I'm not
meaning to diminish the police hiring crisis. I know we have a shortage
of manpower, and it's very difficult to schedule, and a lot of people are
working very hard. That's makes it such a hard issue. But, it's not
something that we created. It's been one delay after another. These things
should have been resolved last October, as you pointed out, or last
November, but, it hasn't been. Now, we had the hearing. Now, we're
waiting for a decision on that hearing, a decision we've been told may
come as early as week. You had the hearing, it just does not make sense
to do anyth.ing now, until you have a decision on it. That's my opinion, .
anyway.
COUNCILWOMAN OLIVA: I would just like to say that, 1 attended a
Shellfish Advisory Committee meeting this week, and we usually meet the
first Monday of every month, and I'd like to compliment this committee,
because they have worked very, very hard to "get areas in the town open,
. especially Arshamomaque Creek, so that the baymen could get in there to
dig the clams, and seeing as baymen are part of our economic base, it is
most important that we get these areas open. This has been a collective,
or cooperative venture to 'get these areas open, because people have
volunteered. Our Bay Constable has gone out to take samples of water.
We have volunteers to do this,. 'to take samples of water, and they've been
able to get more, more and more of Arshamomaque Pond open, going up to
almost to the church, which was closed before, and in relation to that the
Shellfish Committee was able to get, with the Trustees a grant to contain
some of this runoff, that was coming down from the North Road into
Arshamomaque Creek creating hot spots, that would close it. Now, these
people have spent countless hours, and I'd like to compliment the
Trustees, people on the Conservation Advisory Council, people from
Cooperative Extension, Jim McMahon here, baymen. There's been such a
great effort to do some of this, and I don't think they really receive the
credit they should have, and it's very important to the town to do this.
I attended another meeting last night for our Land Preservation
Committee'. As, you 'know, a year ago, over a year ago, we approved
$1,750,000 bond issue to buy farmland. We have one more offer to make,
MARCH 5, 1996
and we will have finished the money,. that was appropriated, but I think
we have preserved some very fine pieces of property, and I think the
committee will be corning back to the Board to., ask their permission to go
for another bond issue. We do have other applications in hand, so we
really need more money, because we have done a very fine job, and it
seems a shame to stop it, because once you stop people forget that you
have this money available, and it takes then another year until people get
used to the idea that there is- money available; -and then they start coming
in again, and. it's been a very successful program, and I think we all
should be proud of ourselves for participating in it. Thank you.
SUPERVISOR COCHRAN: Thank you, Ruth. Bill?
COUNCILMAN MOORE: . Over the last three or four days I've felt the
highs of being involved in government, and the lows. On the high side a
great opportunity to participate in the Greenport Future Search
conference, which was held last Friday . night, all day Saturday, and
Sunday afternoon. That was a phenomenal experience for me. I watched
sixty some people sit through those 'three days, and dream, and talk about
dreams, and how they thought their village, and the surrounding area
could be. One of our assignments was to talk about a village, as though
you could wave a wand, and make all the problems go away, what would it
be five years from now? No limitations, and the creativity and the
comments from high school students up to seniors, to government people,
to church people, the entire spectrum of people, who participated, which
is extraordinary. The optimism' and the hope for the East End is
fantastic. So, I wanted to go and say that. I had a great time cutting
and pasting pictures with Jamie Mills, and John Costello, and Mayor
Kapell doing kids' things, making collages, and stuff, to get past
problems of communication, ' and, to talk about future dreams, and hopes,
and aspirations. Great . 'experience. I wish it had been more highly
published, because I think more people could have enjoyed, what was a
very .long time period, but was truly worth it. Now on the lows. We had
a Work Session today, and we spent thirty minutes discussing.. I don't
want to belittle the issue, because I know it's important to people, we
talked about brochures, and the language of brochures,. and on, and on,
and on, and on, and how we should.; word those brochures. That's
important, but it's not a priority. I spent over two months trying to
understand the police matter, weighing the merits of 'the case.,. that we
seem to be pursuing,Iversus the need to hire, the impact we're having by
not hiring, and I'm truly frustrated, and I just can't believe that the
impact of this Board's inaction relative to hiring, is: truly appreciated
as to the impact it's having on the officers, 'who are working. We've got
guys doing double tours. We have people working on their days off, and
they've agreed to do this on a voluntary basis, with the: understanding we
going to take . some action. This. Board as a whole, the past and the.
present Board knows we've got to hire. We're got it in the budget to
hire. We all know that. I don',t want to get into the specifics of the
case. It's inappropriate.' But, I'm sitting here saying, I've weigh the
relative merits of the case with the need to hire, and I agree with Alice.
The time is now. We've gone past the time. The burden we .put on the
officers presently working is unfair to them, and I don't think that in a
long run it will have been worth the wait. So, thank you for the chance
to tell you about the highs and lows. I still want to look back and
remember the highs as we try and get through this low. It's truly
disturbing.
COUNCILWOMAN HUSSIE: - I have- to reply to Joe. You know, Joe, you
mentioned that it's possible that we'd had some sort of a decision in one.
to two weeks
COUNCILMAN TOWNSEND: So we haven't had a decision. We will have,
that's the one that's proposed.
COUNCILWOMAN HUSSIE: Could the Town Attorney explain this whole
thing? . I would not try to explain it. Are you there? I would like you
to explain whatever processes these are, that we have to go through.
February 29th came. It was the submission of certain papers.
MARCH 5, 1996
TOWN ATTORNEY DOWD: Actually, the papers have been submitted since
October. The Court has held 'them up feeling that this case has similar
issues to another case involving Creenport, and therefore they have
basically held up the papers, and only deemed the papers to have been
submitted as of February, although in fact they have been there for
months. The last word 1 heard is that the Court is working on it, and the
Court believes it might have a decision in a one or two week period.
COUNCILWOMAN HUSSIE: What would happen after the decision?
TOWN ATTORNEY DOWD: The Court could either order Civil Service to
hold a hearing. It could say that there should be no hearing, or it
could—well, those really are the two extreme choices. There are
different choices in the middle there. The hearing would be for the Civil
Service to decide if this officer should remain on the list of—eligible
candidates for police officer.
COUNCILWOMAN HUSSIE: Depending on the decision, is there any
recourse that any of the parties might have?
TOWN ATTORNEY DOWD: Yes, probably any of the parties could appeal. .
I did speak to Peter Bee's office, who is representing us in this matter,
and he suggested that certainly the outcome of an appeal is not certain,
but that at this point in time he felt that there might, or there might
not be a stay, It was his personal feeling that a stay of the hearing
would not be that likely. It's different from what I mentioned this
afternoon, of course, I got a call at 4:30 after our meeting was over,
where this was the most recent word that I received. So, it's not clear.
It's not known. It's not certain one way or another.
COUNCILWOMAN HUSSIE: Thank you.
SUPERVISOR COCHRAN: I would just like to add, also, my feelings.
There is a need for police officers. The more this is delayed, the less
we're going to be able to put police officers in place for the summer, and
I'm not looking forward to the summer, that we're going to have. It's very
frustrating. I would like to see -us move on, and hire Mr. Heins, and
the other officers on the list, and get on with life. Anything else?
Frank? Oh, my goodness, taking, off his jacket. We're in trouble
FRANK CARLIN: Frank Carlin, Laurel. My subject tonight was about
the police.. We get annually from Green port : $240,000 a year for police
support. We've had it in our budget to hire five new police officers.
We're approved from COPS Program for $75,000. My opinion, that's
enough to hire between eight to ten new police officers, and don't nobody
on the Board tell me that it costs $100,000 or more to support a police
officer every year. Of course, it does, if you're going to spend overtime
all the time. So, we can, in my opinion, have ,enough to hire, without
costing the taxpayers any more money now, eight to ten police officers,
but we can't do it, because there's a doorway standing in our way. Let's
put it that way. Picture a doorway that is standing in our way, and some
people don't know how to figure out the combination to open it up, and
that doorway, I'm going to be honest with you tonight, because I don't
beat around the bush, that doorway is Officer Heins. Once we get that
combination we can open that door, and then we can hire our police
officers. Right? Now, I have two questions 'for Judge Evans. I think
this is one that Vinnie was mentioning at the last Board meeting about
what was written in the local newspaper. I didn't go into it in detail
like I'm going to do it tonight. The February 22nd issue, reporter in
there saying, we . could look to the police for having put us there. Now,
the last issue last week, February 29th, you said the same thing, but
you changed one word, which is puzzling me. You said, we can look to
the police for having put him there. Would you please explain what you
mean by that?
JUSTICE EVANS: I think that this week's article is supposed to quote me
from last week's article is what you're reading, and I can't help it if
the newspaper didn't quote itself correctly, Frank. 1 explained myself at
the last meeting. In the context of our conversation, what. I meant, maybe
it didn't come out that way, was that the police situation, because we
needed officers may force me, may force some of the other Board members,
230 MARCH 5, 1996
into a position we would rather not be into. I would rather wait, and .
have a hearing, so that an objective person could decide one way or
another, whether Officer Heiris is fit to be an officer in our police
force. We may not have the luxury of that time, because of the situation
in the police force, because they need more people. Does that clarify for
you?
FRANK CARLIN: Some. Judge Evans, are you waiting for someone
else, this is my opinion, are you waiting for someone else to come down
with a decision, rather than you make 'one now yourself? Could. you really
make one now yourself without waiting for somebody else to make a
decision?
JUSTICE EVANS: I may have to make a- decision without_ being able to
wait for a Civil Service hearing. It depends what happens in the court,
and how quickly it can happen.
FRANK CARL-IN: You, also, said in here, along with Ruth Oliva, that
the Board should not rush to make a decision. Well, my Cod,. I was here
last time, it was fifteen months. It's sixteen months now. I'm sure you're
not rushing to make a decision after sixteen months.
JUSTICE EVANS: Rush to make a decision if this court case is going to.
be decided fairly soon. I can't speak for Ruth, but for myself, I do not
feel that if the court case is going to be decided fairly soon, that we
should jump the gun before' we have a word from the court.
FRANK CARLIN: Again, .that's almost the question I just asked you
before that. Okay.
JUSTICE EVANS: I'd also. like to say, I'm looking at the agenda here. I
don't -see anything on the agenda, even though it's urgent to hire police
officers; it was not on the agenda today.
FRANK CARLIN: I can't speak about it.
JUSTICE EVANS: I'm not saying, that you can't speak about It, but . .
COUNCILMAN MOORE: Do you want a resolution now? ,.
JUSTICE EVANS: No, I don't.
SUPERVISOR .COCHRAN: Ladies and gentlemen, I think. things are getting
a little out of hand. Let's keep it under control
FRANK CARLIN: Here's one that Joe said, also, in last week's paper,
the 29th of. February. .. This is what throws me, I don't understand.
this. Eric Heins, I don't .know him from a whole in the wall.
JUSTICE EVANS: I don't.
FRANK CARLIN: How ca.n you pass judgement on someone if you don't
know there from a hole in the wall?
JUSTICE EVANS: I feel uncomfortable passing judgement on him, that's
why-we'd like Civil .Service to make the decision.
FRANK CARLIN: . You want somebody else to make the .decision.
JUSTICE. EVANS: I would prefer, in this case, yes.
FRANK CARLIN : _ You can't make it yourself then.
JUSTICE EVANS: I would prefer to have Civil Service, and I can not
make the decision myself, that he's unfit. That is not my decision to
make. That's Civil Service's.
MARCH 5, 1996 231
FRANK CARLIN: You know what this reminds me of? I hate to say
this. It reminds me of the old . MacDonald deal . Drawn out for four
years, and after all was said and done, it was passed anyway. That's
what it seems like to me. This is"going to be-'dragged out, and dragged
out, and dragged out. Let, me tell you, what do you really know? I'm
going to ask each one of you three. You, Councilwoman Oliva, and
Councilman Joe Townsend, what do you really know about Eric Heins?
Question, what do you really know about hire?
JUSTICE EVANS: I know,. maybe when a witness has sworn an affidavit
to.
FRANK CARLIN: Has sworn an affidavit to?
JUSTICE EVANS:. As his certain behavior. I'm not sure, how much I can
talk, because a lot of it is Executive Session material.
FRANK CARLIN: I'm here as a taxpayer. I'm not a lawyer. I'm not in
court. I'm just asking you, as a citizen a question. What do you really
know about the man?
JUSTICE EVANS: I'm not sure. how much I'm really privy to say. How
much I personally know? I know nothing personally except what other
people have relayed to me.
FRANK CARLIN: Then it's hearsay:.
JUSTICE EVANS: Yes.
FRANK CARLIN: Ruth Oliva, what do you know about the man?
COUNCILWOMAN OLIVA: Frank, I am not even going to discuss it,
because it is in litigation. I don't feel that it is proper to discuss
this gentleman's merits, . or demerits, at a public forum, and it's not fair
to me, and it's not fair to him, either. It really isn't, Frank. I think
there's other things that have to come up:..
FRANK CARLIN: Just answer my question.
COUNCILWOMAN OLIVA: No, I .will not answer it. I will not. It's not
fair to you. It's not fair to Mr. Heins, and 1 won't do it.
SUPERVISOR COCHRAN: Frank, I'm afraid I'm going to have to call you
on this one. I think you're out of line on this one, for the Board
members not to answer the question.
FRANK CARLIN: It's really getting to be a shame how we're dragging
this thing out.
SUPERVISOR COCHRAN: I think we can all agree. to that. I'm sure no
matter what your opinion is, on what side that— I'm sure that. there's got
to be frustration on both sides.
FRANK CARLIN: Waiting seventeen months, then it will be eighteen
months, it will be twenty months. I don't understand what's going on
here. I've got one more question I want to ask Joe Townsend, because
he was on the Board last year. He should be able to answer this one. It
will be a short one. December 27th resolution, 1994, resolution #17, we
put in for three police . officers from the COPS Program. We put in for
three of them, resolution #17, for three new police officers. Town Board
meeting of November 14th, 1995, resolution #6, we only got one. What
happened here, and why did it take so long? How come it took a year
almost to get one police officer, after putting in a year almost? What
happened there, Joe? You were on the Board: In fact, you're on the
Police Committee, aren't you?
COUNCILMAN TOWNSEND: I think there was a certain amount of money
available, and we thought we might get as many as three, so we applied
for three. I think we were ultimately given funding for one.
FRANK CARLIN: How come. it took so long, almost a year?
MARCH 5, 1996
COUNCILMAN TOWNSEND: I don't know exactly.
JIM MCMAHON: It would take a year. Those things. the money is just
not appropriated in a timely fashion, and things like that are reviewed
for every municipality in the country, that apply.
FRANK CARLIN: Well, anywa_y,., I just hope and pray that in the next
twenty-two months, that we have other important issues, that they won't
be drawn out like this issue here is being drawn out.
SUPERVISOR COCHRAN: Hopefully not, Frank.
FRANK CARLIN: I hope not. It doesn't give me too much to look
forward to.
SUPERVISOR COCHRAN: We wouldn't want to 'disappoint you, Frank.
Thank you very much for your comments.
FRANK BUONAIUTO: Frank Buonaiuto, Southold, on the subject of
the police. I don't disagree with, or disagree with one. It has to do
with the agenda here. I Just want to ask a question. Why was Kapell
allowed to disband the police in the first place? Why did Southold allow
it to happen?
COUNCILMAN TOWNSEND: Under State law, and I'm probably the only
one here, that's not an attorney, maybe I should refer- this to Laury. I
will, but I believe .that a village has a right to demand police service
from the township which it's in.
FRANK BUONAIUTO: I understand that.
COUNCILMAN TOWNSEND:. We have no control over whether they do
that, or not.
FRANK BUONAIUTO: That's not what • I meant. If they disband the
police department, how can they call thern.jelves an incorporated village?
COUNCILMAN TOWNSEND, There are many villages that don't have
police departments. Probably the majority of the villages don't have
police departments.
FRANK BUONAIUTO: . I never knew that. I; came from East Hampton.
They had them there, Saga Harbor, too, Southampton, I think, also. The
reason I'm asking is, we're having all this problem now with police
officers. Naturally we'll need them for Creenport. • They're causing all
this trouble: It's not fair. NoC for Creenport, . either. That's all I
wanted to know. Why wasn't something done. . ) guess nothing could be
done about it, I guess. I don't know. That's what I'm asking.
COUNCILMAN TOWNSEND: There's no way, unless the village wants to
get together and put their own police force back."
FRANK BUONAIUTO: That's the point I was making. If they're an
incorporated village, they should have their own police force. If they
had to disband, or fire all the other police, why didn't they get another
force?
JUSTICE EVANS: They're not required to by law. They can rely on us
to be their police force on the .town. We don't have a choice. It's their
choice.
FRANK BUONAIUTO: I'll be satisfied with that. I'm just tired of
figuring out why they weren't able to get another police force themselves?
That's all, and they don't want to. I don't get much chance to get up,
and speak. I'm not a very good talker. I just want to suggest something,
even though it's not on the agenda here. I suggested it, I think June
29th. I don't think it was last year. I guess it was the year before.
I got smacked' in the rear from a• car driven -by a woman coming out of
King Kullen. I guess she was in a hurry to get her groceries home,
and cook them. She caught me before she could get home. I suggested
that we have traffic lights in certain places. That's one of them, the
MARCH 5, 1996 233
King Kullen, and A&P in Mattituck, and rigl-It here, Horton's Avenue
and North Road. ,
SUPERVISOR COCHRAN: . That's coming. The one the Board approved
some time back, and understand it's going to be in place for the summer
traffic, Horton's. We've had studies done up at King Kullen, and the
Mattituck AEP. - In fact, they're going to do one up there now again, but
the one in King Kullen, the DOT said it wasn't necessary there.
FRANK BUONAIUTO: It's necessary there, as far as I'm concerned. I
was hit there.
SUPERVISOR COCHRAN: I understand that.
COUNCILWOMAN HUSSIE: The problem is, it's a State road, and we may
think that it's necessary. If the State doesn't think it's necessary, we
can wish all we want. .
FRANK BUONAIUTO: I got you. Thank you.
SUPERVISOR COCHRAN: Thank you very much. Anything else,
anyone? (No response.) Hearing none, I'll call for a motion to adjourn.
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it
was
RESOLVED that the Town Board meeting be and hereby is adjourned at
8:50 P.M.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
N,
Judith T. Terry
Southold Town Clerk