HomeMy WebLinkAboutTB-04/02/1996 i
SOUTHOLD TOWN BOARD
APRIL 2, 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. Also present: Town Clerk Judith T. Terry, Town
Attorney Laury L. Dowd.
9:00 A.M. - Merlon Wiggin, Executive Director, East End Seaport Marine Foundation;
met with the Town Board to give them a preview of the 1996 activities planned for
the Maritime Museum and Bug Light Restoration, touching on the plans for the
Maritime Festival, Tall Ships visits, Scallop Festival, and Off Shore Lighthouse
Cruise. Mr. Wiggin asked the foB a sdtodonation ofconsider
the
request from the East End
Seaport and Marine Foundation
96.
9:25 A.M. - Solid Waste Coordinator James Bun h tkth t with ts he Boardot rdis led
the proposed Cans for Youth project. He said
cans in 1995, 100 of which is aluminum, and could be redeemed, and if there were
a separate drop-off spot for aluminum cans only, they would be valued at $1 ,200
a ton if baled. The revenue and authorized
agreeable
would
to
used for
t,s for the �zed uth r
n Southold
the on ep Supervisor
Town. The Town Board was g.
.Cochran and Solid Waste Coordinator Bunchuck to develop the plan further.
two
sociates
9 :35 A.M. - Deputy County Executive George tthe Suffolk and
County slndustrial eE
with the Town : Board to make. a presentation of
Commercial Incentives Board's proposed legislation whereby the Town would be able
to provide partial exemption from full taxation over a ten year period for new
business investments in locally strategic industries located within sTrustee
geographic areas. Also present: Greenport Village Mayor David Kapell,
Barbara Heaney, Assessor Robert I . Scott, Jr. , Senior Assessment Assistant
laire
Glew, Senior Planner Valerie Scopaz.----At the conclusion of this discussion, Mayor
Kapell advised the Board he would like to express support for the mariculture
proposal for Clark's Beach, and the Board's reconsideration of the proposed Geier
annexation, both of which offer industrial development for the Greenport area.
on i
ort
10:30 A.M. - George Desmarais, H2M Group, met with
AlsoeirBattendanceoard topwas Senhor
inspection of the Scavenger Waste Treatment Facility.
Accountant John Cushman and Richard Magill, scavenger waste carter. s
Desmarais reviewed his report to Supervisor Cochran which he prepared as a result
ul
of his inspection, which concludes there are four alternatives - complete closure,
modified operation by Town personnel, full scale operation by Town personnel, full
scale operation by private enterprise. - The Board determined they would operate
the facility in a modified version on a temporary basis. They will declare an
emergency and engage the services of a haute t take
o eat so he scavenger
c a ger wast services
to
Riverhead or Bergen Point (resolution 39) . Yer
of Mr. Desmarais to prepaYebid
specifications
iod for
of t me removal
(resolut onsc40Pt;g41) wunt I
aste
and go to bid for a haute for a on longer per
they can go out for RFP's for alternative methods of operating the plant.
11 :15 A.M. - Michael T. Famiglietti, President of the YMCA, and two associates,
met with the Town Board to discuss the status of a possible YMCA in Southold
Town. Mr. Famiglietti advised the Board that Southold is no longer a priority.
They have moved on to other projects due to public comment in Southold Town,
APRIL 2, 1996 273
being dragged through the mud undeservedly, and the whole issue becoming a
political football. He said they had been half way there in their fund raising goal,
with over $750,000 committed. He advised the Board that they would now have to
take up the fund raising program if they want to start again with a YMCA, and the
cost is close to $5,000 a month. If the Town were willing to take up the fund
raising costs and raise the money, the YMCA would reconsider placing a facility in
Southold Town. He believes a facility would be successful here. Supervisor
Cochran handed Mr. Famiglietti a sealed envelope, stating it contained an offer
of land from a private entity. She said the Board would discuss the YMCA again
at the April 16th work session.
EXECUTIVE SESSION
11 :50 A.M. - On motion of Councilwoman Hussie, seconded by Justice Evans, it was
Resolved that the Town Board of the Town of Southold enter into Executive Session.
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.---The Board met with Robert C. Crimmins,
attorney for Erick Heins to discuss the Heins v. Civil Service lawsuit.
1 :20 P.M. - George Desmarais, P.E. , H2M Group, returned to the Town Board to
provide further information on- the Scavenger Waste Facility, which he had just
visited. He assured the Board the valve has not been shut off to the Greenport
Village facility, but our tanks must be pumped as soon as possible. He has been
assured Mr. Jernick will be able to begin transporting the waste to Bergen Point
by the next day.
1 :25 P.M. - Recess for lunch.
2 :10 P.M. - The Board's first item for discussiorc.- as -a letter and petition from
homeowners in the vicinity. of Horton Point, Southold, who are upset and concerned
about the high speed through the area, late night congregating for sizable numbers
of young people, causing endless procession of cars, and ex:tremely loud' magic
emanating from the parking lot. To solve the problems, they ask for posted speed
limits of 15 mph, installation of speed bumps at the approach to the Lighthouse
parking lot, and signs stating the park closes at dark, with a $500 fine strictly
enforced. Supervisor Cochran said she has spoken to the Southold Park District
concerning the problems, and as a first step, has asked there to move their parking
inside the park district grounds, which .would enablb tho Town to�pu.t up •"Pa'rking
by Permit Only" signs on both sides of the parking area at Hb'rton Point. The Town
Attorney will draft a Local Law to this effect.----The Town Board reviewed the Local
Economy Questionnaire which was prepared by the County for the upcoming Business
Survey. Councilwoman Hussie presented a revised version she drafted, which the
Board approved as long as the County is satisfied. Later in the afternoon Senior
Planner Scopaz met with the Board and reviewed the draft prepared by Councilwoman
Hussie.----Town Board studied a "Policy Regarding Trailer Permits" drafted by
Town Attorney Dowd, approving same, and placed it on the regular meeting agenda
for a resolution (36) .----The Board next took up the application of John and Joan
Callahan for renewal of the Sawicki Trailer Permit. (Councilman Moore left the room,
during this discussion, whereas his wife, Patricia Moore, represents the Callahans. )
The Callahans purchased a parcel of property from the Sawickis, a potato storage
barn and two house trailers are located on the property. One house trailer had a
permit, the other did not. The trailers are occupied by farm workers who once
worked for the Sawickis. The Sawickis no longer farm, and the farm workers now
work elsewhere for vineyards. The Board determined that to continue to permit the
trailers would be contrary to their policy, which although it had not been in
writing, had been adhered to for many years. They agreed that in fairness to the
individuals renting the trailers that they should be allowed six months to relocate,
and therefore placed a resolution (37) on the agenda to renew one trailer, and
grant the second trailer a permit, but they both must be removed within six months
from this date.----Letter from Village Trustee Barbara Heaney asking the Town
Board to change the zone on Village property at Clark's Beach from Residential zone
to Marine II zone. The Board agreed that in order to determine whether they would
be interested in such a proposal, the Village must submit a zone change petition for
the Board's consideration.----Planning Board request for a budget modification to
appropriate funds for the Planning Board's Environmental Consultant (resolution
38) .----Discussion relative to the Fishers Island Metal Dump was held for April
16th.----A resolution (42) was placed on the agenda to appoint Carol Kalin as a
part-time Clerk Typist in the Office of the Supervisor.----Justice Evans asked the
Board to consider hiring a School Crossing Guard for the Fishers Island School, to
which the Board agreed, and authorized Justice Evans to post a notice on Fishers
Island seeking applicants.----The Board set Wednesday, April 10th, beginning at
9 :00 A.M. to interview applicants for Seasonal Police Officer, part-time Public Safety
Dispatchers, and Scale Operators.----Councilwoman Hussie made a presentation on
her proposal to lower the Yellow Garbage Bags. Also in attendance was Solid Waste
Coordinator Bunchuck and Senior Accountant Cushman. Councilpeople Townsend
274 APRI L 2,- 1996
and Oliva expressed their opposition to this proposal, and Supervisor 'Cochran said
she favors lowering the bag prices but would like to do it at budget time.
Councilwoman Hussie was asked to take the yellow bag question to the Solid Waste"
Task Force for a recommendation. However, the Board did concur with.
Councilwoman Hussie that the tipping fee for Construction and Demolition debris
should be increased from the current $70.00 per ton to $90.00 due to the fact it is
costing that much for the CSD to be removed from the Disposal Area. Both the
yellow bags and CSD were placed on the agenda for resolutions (44 S 45) .----The
Town Board discuss the appeal of Jody Adams, who was in attendance during this
discussion, with regard to the charge of $20.00 for a copy of a certificate, of
occupancy. Ms. Adams presented proof, documented by.' the NYS Committee on Open
Government, that the cost for. a' copy is 25C, regardless of what is copied. The
Town Board agreed the rate should be reduced to .25�, and asked the Town Attorney
to draft a Local Law to -this- effect, ' which will be transmitted to they Town and County
Planning Departments (resolution 47) . The Board also—plaoed -a Tesolutloh . on .the
agenda (47) to immediately reduce the fee to 25C, ' effective April 3, 1996.--Due
to a shortage of time, the discussion on the Town's Grants Program—was held, and
will be discussed at the April 16th work session.----Supervisor Cochran asked if
Board members would be interested in participating in a Leukemia Society fund-
raising luncheon, and all agreed.----Supervisor Cochran reviewed a memorandum
from PSDIII John Raynor, who informed her that the .Suffolk County Fire Rescue
S Emergency Services, has authorized Southold Town to utilize their fire radio site
on the Greenport water tower 'to dispatch Southold Town and Shelter Island fire
departments. NYNEX will install the tie line between Police Headquarters and the
water tower by April 1st for an installation cost of $990.00.----Memorandum from
the Transportation Committee stating they have reviewed three traffic safety bills
introduced by Assemblyman Thiele and Senator LaValle to promote issues of traffic
safety on . eastern Long Island. They feel the issues in the bills are important
enough for the Town Board to recommend that Sbuthbld Tbwn and Greenport'Villaoe,
be included in the legislation. The Town Board decided that before they move
forward on this recommendation, copies of the three bills referred to should be
obtained and discussed at the next work session.----Town Attorney Dowd and
Councilwoman Oliva reported on a meeting they attended on March 27th with other
East End Towns and Villages with regard to the Cablevision franchise.----Due to
the lack of time, the policy decisions the Town Board planned to review will be
moved to the April 16th work session agenda.----Councilman Townsend asked the
Town Board to adopt a, resolution (48) at the regular meeting encouraging the New
York State Legislature to renew funding for the New York Fire Insurance
Underwriters Association.
5 : 10 P.M. - The Town Board reviewed the resolutions to be voted on at the 7 :30
P.M. Regular Meeting.
EXECUTIVE SESSION
5 :20 P.M. - On motion of Councilwoman Hussie, seconded by Councilwoman Oliva,
it was Resolved that the Town Board enter into Executive Session to discuss a
personnel disciplinary action..(.re'sol'utiod' 49').. Vote.*of the Board: Ayes: Supervisor
Cochran; . Councilwoman Hussi'�,. Codnc.i.lman Tow.hs.end; -Councilwoman .011va; Justice
Evans, Councilman Moore. Also present: Towh Clerk 'Terry, Town Attorney Dowd.
5:35 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on April
2, 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
SUPERVISOR COCHRAN: If I may, I would just like to ask you to bow
your head in a moment of silence for the young woman, who so tragically
died in Riverhead, Curtisha Morning, if we may? Amen. Thank you.
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it
was
RESOLVED that the following bills be and hereby ordered paid:
General Fund Whole Town bills in the amount of $56,359.95; General Fund
Part Town bills in the amount of $817.52; Community Development Fund
bills in the amount of $7,641 .00; Highway Fund Whole Town bills in the
amount of $5,621 .19; Highway Fund Part Town bills in the amount of
$4,133.73; Capital Projects Account bills in the amount of $1,501 .00;
Employee Health Benefit Plan bills in the amount of $26,246.43; Fishers
Island Ferry District bills in the amount of $25,569.94; Refuse & Garbage
District bills in the amount of $1,397.25; Southold Wastewater District
bills in the amount of $10.00; Fishers Island Sewer District bills in the
amount of $1,049.87; Southold Agency & Trust bills in the amount of
$8,523.29; Fishers, , Island Ferry District Agency & Trust bills in the
amount of $853. 12.
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 Councilwoman Oliva, seconded by by Councilwoman Hussie,
it was
RESOLVED that the minutes of the March 19, 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 Councilwoman Oliva, seconded by by Councilwoman Hussie,
it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 4:30 P.M., Tuesday, April 16, 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: I have a special little privilege, if I may,
Lynette, would you please come forward? We're proud of you. We have a
proclamation we would like to present to you on your achievement.
27(; APRI L 2, 1996
WHEREAS, the Town Board of the Town of Southold, on behalf of the
residents of Southold Town, wish to honor LYNETTE WIGINGTON, a
junior attending Mattituck High School; and
WHEREAS, LYNETTE WIGINGTON, is a member of the Pines Track
Club of Brentwood, New York; and
WHEREAS, LYNETTE WIGINGTON, as a member of the Pines Track
Club, attended the National Scholastic Indoor Track Meet recently held at
the Reggie Lewis Track in Boston, Massachusetts; and
WHEREAS, LYNETTE WIGINGTON, after competing with fellow
athletes from as far away as California and as close as Pennsylvania, was
successful in her long jump competition; and
WHEREAS, LYNETTE WIGINGTON, by jumping twenty feet five
inches tied the national record and was declared the winner of the long
jump competition; and
WHEREAS, LYNETTE WIGINGTON's goal is to make the U.S.
Olympic trials and possibly compete at the Olympics in the future; now,
therefore be it
RESOLVED, that the Town Board of the Town of Southold hereby
recognizes LYNETTE WIGINGTON for the hard work and dedication she
has demonstrated to pursue her goals and extends their congratulations
and sincere best wishes to LYNETTE WIGINGTON in her quest to
achieve her dream.
DATED: April 2, 1996.
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: We have one of our little Southold pins, we'd
like to present you with, and perhaps you can tuck it on the back of your
shorts, where nobody can see it. The next time you jump it will give you
a little good luck charm. I, also, have a special message from Reverend
Fulford. He, and his church, are very, very proud of you, so is the
entire town of Southold. Congratulations. Good luck. Lynette, if you
have homework to do, you don't have to stay. You can go home. Okay?
We have three public hearings this evening, which the first one will be at
eight P.M.
I . REPORTS.
1 . Southold Town Community Development Monthly Report for
February, 1996.
2. Southold Town Building Department Monthly Report for March,
1996.
3. Southold Town Clerk's Monthly Report for March, 1996.
II . REPORTS.
1 . Southold Town Highway Department, Superintendent of Highways,
Public Notice of Spring Leaf and Brush Clean-Up Week.
III . COMMUNICATIONS.
1 . Leslie O. Goss, President of the Fishers Island Civic
Association, inviting Supervisor Cochran to be a guest speaker at their
quarterly meeting to be held May 25, 1996.
2. Mary-Stewart Regensburg, Director of Development, American
Red Cross Eastern Suffolk Region, thanking Supervisor Cochran for
proclamation and support on behalf of the volunteers and staff of the
American Red Cross.
3. Pierce W. Hance, Mayor of the Village of Sag Harbor extending
an invitation to Supervisor Cochran and the members of the Town Board to
help celebrate the 150th anniversary of it's incorporation.
APRIL 2, 1996 ►► ►�
IV. PUBLIC HEARINGS.
1 . 8:00 P.M. , on a proposed "Local Law to Require Parking Permits
Year Round".
2. 8:02 P.M., on a proposed "Local Law to Modify the Annual
Financial Disclosure Statement".
3. 8:05 P.M. , on a proposed "Local Law in Relation to Environmental
Quality Review Law".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: We're going to start the resolutions, and as you
know, the Town Board has a policy, and if there is any resolution on the
agenda that you would like ' to address, this is the time prior to the
passing of the resolutions. Is there anyone who would like to address any
of the resolutions on the agenda this evening? (No response. ) —Then we
shall commence.
1 .- Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
accepts, with regret, the resignation of Blanche K. Katz, member .of the
Southold Town Board of Ethics, effective May 2, 1996, and expresses their
sincere appreciation to Mrs. Katz for the time and expertise she devoted
to her position.
I .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
2.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for one
(1 ) member of the Southold Town Board of Ethics, for a three (3) year
term, effective May 2, 1996 through May 2, 1999.
2•- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman 011.ya, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
3.- Moved by Councilwoman Oliva, seconded Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution 7, adopted on April 19, 1994, establishing the number of days
worked for elected and appointed officials to show the following days for
the Receiver of Taxes, effective December 1, 1995:
For the period August through November - 6 days per pay
For the period December through July - 10 days per pay
3.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
4.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
rescinds resolution no. 24, adopted on March 19, 1996, accepting the
resignation of Linda Knoernsch'ild, part-time Clerk Typist for the
Recreation Department, whereas Ms. Knoernschild reconsidered her
decision and decided to stay in her current position with the Town.
4.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
APRI L 2, 1996
5 .- Moved by Justice Evans, seconded by. Councilwoman Flussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
rescinds resolution no. 112, adopted on March 19, 1996, authorizing the
Town" Clerk to advertise for resumes for a' part-time Clerk Typist for the
Recreation Department.
5.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Flussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
6.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
appoints Pamela J . Dunn as a part-time Public Safety Dispatcher,
effective immediately, 17-1/2 hours per week, at a salary of $8.60 ' per
Dour; said appointment is subject to the candidate satisfactorily passing
evaluation by the Suffolk County Department of Civil Service.
6.- Vote `of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
7.- Moved by Councilwoman Oliva, seconded by Justice Evans, It was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the establishment of the following Capital Project, effective
immediately, for the purchase of the 1997 Ford F-800 truck with aerial
lift device and line body:
Capital Project Name: AeriaLTnl�k
Financing Method: Q��1ib�t1�ferrQmSiert�rlIt� 9LeLsLwt1
S2n�1>�1�iZ�.tr�s��fi�Qc_�iigkiway_}`uc�d Wk�QI� 'own
Budget: Revenues:
H.5031.30 "Transfers From Otlier Funds $ 53,885.00
Appropriations:
11.5192.2.300.200 Street Lighting, Capital Outlay
Motor Vehicles
Trucks 358,885.00
7.- Vote of the Town Board., Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was .duly ADOPTED.
8--Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Supervisor Jean W. Cochran and Councilwoman Alice J .
Hussie to attend the Eastern Long Island Executives Business
Roundtable dinner meeting for a discussion on "What's Up with
Calverton7", at the Peconic Building, Suffolk County Community College,
Riverhead, on Monday, April 1, 1996, from 5:30 P.M. to 7:30 P.M. , and
the necessary expenses for dinner and travel shall be a legal charge to
the 1996 Budget.
8.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans;
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
APRIL 2, 1996 27
9.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute a contract,
in the amount of $497.00 with Stanley Skrezec, 50 Cull Pond Lane,
Creenport, N.Y., to demolish an unsafe structure located at 46000 Main
Road, Southold, N.Y. (SCTM#1000-75-3-1), all in accordance with the
Town Board's resolution of February 23, 1995 authorizing the demolition.
9.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman 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 grants
permission to the American Diabetes Association to use the following Town
Roads for their fifth annual Tour de Cure cycling event on Sunday, June
30, 1996, from 7:30 A.M to 2:00 P.M., provided they file with the Town
Clerk a One Million Dollar Certificate of Liability Insurance naming the
Town of Southold as additional insured: Peconic Bay Boulevard, Bay
Avenue, Wickham Avenue, Grand Avenue, Mill road, Oregon Road, Bridge
Lane, Mill Lane, Soundview Avenue, Lighthouse Road, Village Lane,
Narrow River Road, Orchard Street, Tabor Street, Moores Lane, Cox
Lane.
10.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
11 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
resolution no. 36, adopted on March 19, 1996, appointing part-time Public
Safety Dispatchers, by deleting the name of Anneen M. McCann, who
declined the position.
11 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran:
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
authorizes Lawrence Healthcare Administrative Services, Inc. to pay the
medical bill of Frederick Tedeschi, which was submitted more than 90
days after the date of service by the medical provider.
12 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
13.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby grants
the Creenport Softball League a grant of $500.00 from Recreation
Department funds A7020.4.400.550, for the payment of the light bill at the
Polo Field, Creenport; said grant ,has been provided for in the Adopted
1996 Budget.
13.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
280 APRI L 2, 1996
14.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
requests the Suffolk County Department of Public Works to conduct a
traffic survey of Route 48 and Wickham Avenue, Mattituck, for the
purpose of installing a left turn signal to resolve a dangerous situation
at this intersection, all in accordance with the request of the Southold
Town Police Department.
14.-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 Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
rescinds resolution no. 7, adopted on February 22, 1996, and resolution
no. 1, adopted on March 19, 1996, granting permission to Data Control
Supervisor Jeanne Ruland permission to attend a training course and a
computer management meeting, due to the fact Ms. Ruland will be
leaving her position as Data Control Supervisor June 5, 1996.
15 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
16 .-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 Management District 1996 Budget as follows:
To:
SR8160.4. 100.560 Maintenance Payloader #2 $ 5,000.00
From
SR8160.4.400.830 Mixed Paper Removal $ 5,000.00
To cover expenses of welding clamps onto new bucket. Remaining
balance should cover maintenance expenses through end of year. (Do
not anticipate any removal charges for mixed paper this year. )
To:
SR1490.1 .200.100 Administration Personal Services $ 1,500.00
Part-Time
From:
SR1490.1 . 100.100 Administration Personal Services $ 1,500.00
Full-Time
To cover salary of part-time office assistant. No funds were
budgeted for this position as full-time assistant was anticipated at
the time the budget was prepared.
16.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
17.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of James H. Rambo, Inc., Southampton, N.Y. , in the amount of
$47,712.00, for the replacement of Brushes Creek Bridge with a anew
Structural Plate Box Culvert, all in accordance with the bid
specifications.
17.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
18•-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it
was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Councilwoman Alice J . Hussie and Solid Waste Coordinator
James Bunchuck to attend- a seminar entitled, "Composting: Its Role as
a Waste Management Strategy on Long Island", at Suffolk Community
College Eastern Campus, Riverhead, N.Y., from 8:00 A.M. to 4:30 P.M. ,
on Tuesday, April 9, 1996, and the $25.00 registration fee per person,
and use of a Town vehcle for travel shall be a legal expenses to the
1996 Budget.
APRIL 2, 1996
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 Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following budget modification to the General Fund - Whole
Town 1996 Budget to appropriate Park & Playground funds for the
purchase of Volleyball nets:
To:
Revenues:
A2025.00 Special Recreation Facilities $ 719.00
Appropriations:
A7110.2.500.325 Park E Beach Facilities $ 719.00
Sporting Equipment
1g.-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 Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the establishment of the following Capital Project, effective
immediately, for the purchase of a pickup truck for the Solid Waste
Management District:
Capital Project Name: Pickup Truck
Financing Method: Transfer from Solid Waste Management District
Budget: Revenues:
H.5031 .40 Transfers from Other Funds $ 16,500.00
Appropriations:
H.8260.2.300.200 Refuse E Garbage, Capital Outlay
Motor Vehicles
Trucks $ 16,500.00
26,.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
21 .- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the establishment of the following Capital Project, effective
immediately, for the purchase of a box trailer for the Solid Waste
Management District:
Capital Project Name: Box Trailer
Financing Method: Transfer from Solid Waste Management District
Budget: Revenue:
H.5031 .50 Transfers from Other Funds $ 7,500.00
Appropriations:
H.8160.2.300.400 Refuse & Garbage, Capital Outlay
Motor Vehicles
Trailers $ 7,500.00
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 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 an
agreement between Jessie H. Jackson & Frances R. Jackson and the Town
for the lease of his property on the north side of NYS Route 25,
Southold, for municipal parking purposes; said lease for the term of May
1, 1996 through April 30, 1999, at an annual rent of $140.00 per month;
said agreement all in accordance with the approval of the Town Attorney.
22 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor, Cochran..
This resolution was duly ADOPTED.
APRI L 2, 1996.
23.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby creates
the position of Wastewater Treatment Plant Helper for the Southold Town
Wastewater Disposal District, and establishes a temporary salary of
$13.05 per hour.
23.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
24.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby
transfers Corinne Bednoski to the civil service position of Wastewater
Treatment Plant Helper for the Southold Town Wastewater Disposal
District, effective April 1, 1996, at a temporary salary of $13.-05 per
hour.
24.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
25.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
establishes the following 1996 pay schedule for Lifeguards and Beach
Attendants:
YEAR LIFEGUARD BEACH
NUMBER PER HOUR AT'17NDANT PER HOUR
1 $7.42 $5.83
2 $7.69 $5.99
3 $7.95 $6.15
4 $8.22 $6.31
5 $8.48 $6.47
6 $8.75 $'6.63
7 $9.01 $6.78
81' $9.28 $6.94
25.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
26:-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes a reimbursement fee of $.30 per mile to Southold Beach
Managers • and Lifeguards acting as rotating Lifeguards (Lifeguards who
drive from beach to beach giving other Lifeguards a 15-20 minute break. )
26.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
27 .-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the issuance of free beach parking permits to the following
summer employees: Water Safety Instructors, Beach Attendants,
Lifeguards, Beach Mangers.
27.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This ,resolution was duly ADOPTED.
APRIL 2, 1996 283
28.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Southold Town Beach Attendants to be supplied with a petty
cash fund in the amount of $34.50 (2 rolls quarters, 2 rolls dimes, 2
rolls nickels, 1 roll pennies) per Beach Attendant, to enable them to make
change due to the tax that is charged for each permit; check in the
amount of $207.00 to be made payable to Recreation Supervisor Kenneth
Reeves; charge to be made to A210, Petty Cash.
28.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
29.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
appoints Valerie A. Meyer, from the Suffolk County Department of Civil
Service Certification of Eligibles, to the position of Account Clerk for
the Southold Solid Waste Management District, effective April 22, 1996, at
a salary of $26,472.70 per annum.
29.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
30.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute
Amendment #2 to the agreement between the State of New York, Office of
Mental Retardation and Development Disabilities and the Town of Southold
for the Town's 100% Day Training contract with the Long Island
Developmental Disabilities Services Office, for the period of January 1,
1996 through December 31, 1996, for funding in the amount of $8,112.00;
all in accordance with the approval of the Town Attorney.
30.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
31 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby creates
the following salary scale for full-time Home Health Aide, subject to
current CSEA negotiations:
Entry Level
Step 1 $11,826.98
Step 2 $11,826.98
Step 3 $11,826.98
Step 4 $11,826.98
Step 5 $11,826.98
31 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
32.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute a
Memorandum of Understanding, Nonfinancial Agreement (no payments to
the Town, payments to the trainees) between the Suffolk County
Department of Labor and the Town of Southold for the Job Opportunities
and Basic Skill (JOBS) Program to be utilized by Venetia McKeighan,
Director of Human Services, for the period of July 1, 1996 through June
30, 2000, all in accordance with the Memorandum of Understanding for the
Provision of Work Experience of said agreement; all subject to the
approval of the Town Attorney.
32.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
284 APRI L 2, 1996
33.- Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Southold Wastewater Disposal District 199G budget to reallocate
previously unallocated budgets into more detailed line items:
Sewaga Treatment
SS1.8130.1.100.100 Full Time Employee Regular Earrings $ 21,000
SS 1.8130.1.100.200 Full Time Employee Overtime Earnings 6,000
SS 1.8130.4.100.100 Office Supplies 500
SS1.8130.4.100.125 Iviiscellaneous Supplies 1,000
SS1.8130.4.100.200 Greases & Oils 1,000
SS 1.8130.4.100.550 Equipment Parts & Supplies 5,000
SS 1.8130.4.200.100 Telephone 500
SS 1.8130.4.200.200 tight & Power 4,000
SS1.8130.4.400.200 Village of Greenport Plant Operation 43,500*
SS1.8130.4.400.300 Effluent to Village of Greenport 2,100*
SS1.8130.4.400.700 Trailer Rental 3,600
SS1.8130.4.400.800 Sludge Removal 75,000
SS1.8130.4.500.200 Engineering 30,000
SS1.8130.4.500.900 Unallocated 187,250
re l
SS1.9010.8.000.000 NYS Retirement 1,000
SS 1.9040.8.000.000 Workers Compensation 2,000
SS 1.9055.8.000.000 CSEA Benefit Fund 550
SS 1.9Q30.8,000.000 Social Security 2,100
SS1.9901.9.000.000 Transfers to Health Plan 3,900
From: Sewage Treatment- Undesignated
SS1.8130.2.000.000 Undesignated Equipment $ 15,000
SS 1.8130.4.000.000 Undesignated Contractual Expeiise 375,000
*for costs incurred 1/l/96 to 4/l/96
COUNCILWOMAN OLIVA: This is because Greenport has decided to abolish
their contract with us for the Scavenger Waste Treatment Plant, and now,
we have to start running the Scavenger Waste Treatment Plant, which
should, I think, turn out to be a benefit to all.
33 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
31I.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Solid Waste Management District to purchase one (1)
pickup truck for the Solid Waste Management District , off of the State
Bid List of Pickup and light Duty Trucks, using budgeted capital funds,
at a cost not to exceed $16,540.00.
34.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
35.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
promotes Carolyn Smith from the position of Mini-Bus Driver to the
position of Home Health Aide, effective January 1, 1996, at a salary of
$11,826.98 per annum.
35.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
}
APRIL 2, 1996 285
36.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, Section 100-239.2 of the Southold Town Code authorizes the
Town Board to issue permits for an automobile trailer or house car; and
the proliferation of these trailers is not encouraged, and is the policy
of the Town Board to issue such permits only upon an adequate showing
of necessity and hardship, subject to such conditions relating to permit
term and use as the Board shall deem appropriate; now, therefore be it
RESOLVED that the Town Board hereby determines that the following are
appropriate reasons for issuance of a trailer permit:
1--Use of the trailer by a watchman in order to ensure the security of a
site. There should be no rent collected in association with such a use.
The applicant should present evidence of a history of security violations
on site which necessitate a -night watchman on site.
2--Use of the trailer as temporary housing during the construction or
rebuilding of a residential structure. The permit shall only Ge issued
for the period necessary to effect the repair. The applicant shall
present evidence of a building permit and an estimated construction
schedule.
3--Use of the trailer has existed prior to the adoption of the code in
1957. The applicant shall provide evidence that the trailer has been
on-site and used since 1957 or earlier.
4--Use of the trailer for seasonal farm laborer housing. The permit shall
be issued for this limited purpose and will be discontinued if the need
for housing decreases. The applicant shall, provide evidence of need,
availability of existing housing and other relevant information.
The Town Board may impose other conditions on permits as it deems
necessary, ' based on the facts associated with individual applications.
36.-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: I would just like to say that the Board has been
operating under these guidelines for quite some time. I even go back to
when I served on the Board seven years ago. We felt that it was time that
it was put in the form of a Town Board policy, but this is pretty much
how we evaluate placing a trailer on property within the town.
37.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it
was
RESOLVED that the Town Board of the Town of Southold hereby grants
a renewal of one trailer permit and a new trailer permit to John and Joan
Callahan, both permit to expire six (6) months from this date, at which
time both trailers must be removed from their property at Old North Road,
Southold, New York.
37.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
Abstain: Councilman Moore.
This resolution was duly ADOPTED.
38 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the 1996 General Fund Part' Town budget to cover the Planning Board's
Environmental Consultant:
To:
B.8020.4.500.300 Planning Environmental Consultants$ 2,000.00
From:
B. 1990.4. 100. 100 Unallocated Contingencies $ 2,000.00
38.-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're aware from reading in the newspaper..
Greenport has decided that they will no longer- operate our Scavenger
Waste Plant in Greenport. We've been looking at this problem for quite
some time, and that was also one of the options that we looked at. So,
we're not disappointed that it's going to come under the Town auspices to
run and operate. Right now we have a problem with the plant. The first
half of the plant is not operating, so just the second half of the plant,
ZSG APRIL 2, 1996
carters are dumping into the second half of the plant, and it's being
held more or less as a holding tank. We have an emergency situation, so
we are proceeding with contacting Mr. Jernick to transport the waste
out of town. It looks like he will probably be transporting it to Bergen
Point, because that's .the cheapest route to go. As you know Riverhead
Supervisor Jim Stark had offered that we could temporarily drop the loads
in the Riverhead plant until we get straightened away, but I think it
still will be less expensive . for Mr. Jernick to take it to Bergen
Point. There's a lot of little things, that we have to take care of.
There's a lot of big things we have to take care of in relation to this.
We have to decide if we are going to run the plant ourselves, or if we're
going to hire someone to run it. We're going to look at all the costs
involved. We feel that either of those two options might be less than
what we presently have been paying Greenport. We've been presently
paying them about $200,000.00 a year to run the plant. You'll probably
see in the next couple of weeks resolutions on in relation to this,
because we're getting ourselves straightened away, we're going to operate
a sewer plant, it looks like, and that's not difficult. We intend to do
it. We have the capability to do it, and c'est la vie.
39 .- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the emergency services of Richard Jernick, Island Wastewater, Shelter
Island, N.Y., to transport liquid waste from the Southold Town Scavenger
Waste Treatment Facility, Greenport, to Bergen Point, at an agreed
price of- $300.00 per 6,000 gallons, effective April 4, 1996.
39.-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: I would like to add a special thank you to the
carters in Southold Town. They've been great through this. We've asked
them to, please, cooperate with us as much as possible, and so far they
haven't started screaming at us yet, so they've been cooperating, and as
a Board we really: ,appreciate this, because we are going to solve the
problem.
40.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes. and directs the Town Clerk to advertise for bids for removing
scavenger waste from the Southold Town Wastewater Treatment Facility.
40.-Vote of the Town Board: Ayes: ' Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
41 .- Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of George W. Desmarais, P.E. Vice President, H2M
Group, to (1 ) analyze one scavenger waste sample collected by the Town
from the equalization tank to determine current scavenger waste
characteristics, report all results except pH, total volatile solids and
total solids on a wet weight basis, if recent (i.e., within one year) test
results exist fro the scavenger waste influent quality then this task
would be eliminated; and (2) prepare specifications and contract documents
for bidding the disposal of scavenger waste from May 1, 1996 through
December 31, 1996 with an option for a second year, provide up to eight
copies of bid documents to the Town and contact potential bidders, and
respond to questions during the. bid period, review bids, recommend award
of contract, and provide five copies of conformed contract documents.
H2M Group will provide the analytical services in Task II for a lump sum
of $2,000.00, all in accordance with the proposal for said services dated
April 5, 1996.
41 .- Vote of_ the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
APRIL 2, 1996 287
42.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
appoints Carol A. Kalin as a part-time Clerk Typist in the office of the
Supervisor, effective immediately,, at a salary of $6.82 per hour.
42.-Vote of the Town . Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
43.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the posting of a notice on Fishers Island seeking applicants
for School Crossing Guard, at a salary of $23,00 per day.
43.-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: It's eight o'clock, and we have a hearing
scheduled for eight. I need a motion to recess.
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that a recess be called at this time, 8:00 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.
Reconvened at 8:10 P.M.
SUPERVISOR COCHRAN: We will go back to resolutions. Number 44.
COUNCILWOMAN HUSSIE: The next one #44, and I would like to hold
this. I had put this on. This is a resolution to lower the price of the
garbage bags. I have looked at these numbers in a number of different
ways, starting with the fact that we priced garbage bags based on $100.00
a ton cost to ship and dispose. That was back in October of 1993. We
really had nothing much to go on at that time. In the last two and a half
years, or two years really, we have had an opportunity to discover that
we are paying, in my opinion, too much for the yellow garbage bags.
have presented this to the Board. They have requested that I go to the
Solid Waste Task Force, and do another analysis of the situation.
suppose I will. I just want to tell you, though, that they're presently
paying about $65.00 a ton to get rid of our garbage. We had an overage
of about $180,000. last year, just on the yellow garbage bags alone. This
is a project which I have been fighting for, and working on for a long
time, because I do not think that the garbage bags should be subsidizing
any other disposal costs. I going to keep at this. I'll be back.
SUPERVISOR COCHRAN: I know you will. Thank you, Alice. Number
forty-five?
45.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town , Board of the Town of Southold hereby
increases the tipping fee for Construction and Demolition Debris from
$70.00 to $90.00 per ton, effective April 3, 1996.
COUNCILWOMAN OLIVA: This is to bring it, by the way, when we did
the Budget we budgeted for a $90.00 per ton figure, but unfortunately
the Board kind of let it slip through their fingers, and then we're still
charging just $70.00 per ton, and it's costing us $93.00 per ton to have
it hauled away. So, we're trying to bring it up to what it costs us.
COUNCILWOMAN HUSSIE: I have to say something before I vote. If it's
actually costing us $93.00 per ton to remove the CBD, I don't know why
we're not charging $93.00 a ton. However, I guess $90.00 is better than
$70.00.
288 APRI L 2, 1996
45.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
46.-Moved by Justice. Evans, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 2nd day of April, 1996, a Local law entitled, "A Local
Law in Relation to Certificate of Occupancy"; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to transmit this Local Law to the Southold Town Planning Board
and the Suffolk County Department of Planning, all in accordance with the
Southold Town Code and the Suffolk County Charter. This Local Law
read as follows:
A Local Law in Relation to Certificates of Occupancy
I . Chapter 100 (Zoning) of the Code of the Town of Southold is-hereby
amended as follows:
1 . Section 100-284(H)(1)(g) is amended as follows:
(g) Copies of certificate of occupancy: twenty
dol-lar-s -(*2-0-.) twenty-five cents (250) .
46 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
47.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it
was
RESOLVED that the Town Board of the Town of Southold hereby reduces
the fee for a copy of a Certificate of Occupancy from $20.00 to $.25,
effective April 3, 1996.
47 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution -was duly ADOPTED.
48.-Moved by Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, the residents of the Town of Southold that own homes or
business on or near the shore are no longer able to obtain hazard
insurance from- the many insurance companies doing business in the State
of New York; and
WHEREAS, for many of these residents, The New York Property
Insurance Underwriting Association is the insurer of last resort; and
WHEREAS, the New York State Legislature has not authorized the
renewal of funding for the NYPIUA and has, therefore, left many
property owners -without the ability to insure their largest assets; now,
therefore, be it
RESOLVED that the Town Board notify the New York State Legislature
that many of our residents are in great economic peril and that we request
the immediate refunding of the NYPIUA.
COUNCILMAN TOWNSEND: If you've been reading the papers in the
last few days, you'll notice that the New York State Legislature has been
at odds over a couple of different bills to solve the insurance crisis for
shore front properties. I'm in the business, so I'm aware of it, and I get
many, many complaints from our customers, and from other agents. Most
recently this impasse at the Legislature has led to the lapse of the
funding of the organization ' that is provided sort of the last resort for
property owners. This group called the New York Property Insurance
Underwriting Association provides basic wind, storm, and fire to anybody
that's without regard to their location, if their houses and buildings are
constructed well. Well, now they're out, and so that leaves many of us in
this town without a prospect of going to a new insurer, or without the
ability to buy a house on the shore, because of the inability of getting a
mortgage, or if your insurance is lapsed without having any insurance at
all, and shortly this group will start non-renewing _ policies. I think
that's going to happen in June.
COUNCILWOMAN HUSSIE: Joe, would you explain, the people who might
be effected by this, the closest to the water.
APRIL 2, 1996 289
COUNCILMAN TOWNSEND: There are a lot of different guidelines. All
the companies are using different guidelines, but the closest you can
generally get to the water now, and still obtain insurance is 1,000 feet.
There are exceptions every now and then, someone will have a special
relationship, and be able to get coverage, but for the very large majority
of people trying to insure houses on the shore, there is no market.
SUPERVISOR COCHRAN: Joe, can I make an addition to your resolution,
that it be transmitted to the County Legislature, to the County Executive,
and to the Supervisors of all towns?
COUNCILMAN TOWNSEND: I accept that amendment.
48 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman _ Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
49.- Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts
the report and recommendation of the hearing officer in the personnel
disciplinary action heard on March 1, 199G. (Harvey Strange)
49.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
50.- Moved by Justice Evans, seconded by Councilwoman Hussie,
WHEREAS, there was 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"; and
WHEREAS, a public hearing was held on this Local Law on the 2nd day
of April, 1996, at which time all interested persons were given an
opportunity to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 1 - 1996,
which reads as follows:
LOCAL LAW NO. 1 - 1996
A Local Law in Relation to Environmental Quality Review Law
1 . 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 carryout or approve an action, other than an-aetien-listed-in
See. 44-40�-hereof-ernes.-617:1-2--of-tine-Rules; as a Type II 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-senstr-ued-as-prohibiting:
A- The-cendueting-ef-centemperaneeNs-envirenmental,engineering;
economic-feasibility-er-other-stud Ies-and-preliminary-planning--and
budgetary-preeesses-necessary-ta-the-fermulatien-ef-a-prepesal-fer
aetien-whieh-de-net-commit-tt-le-.town-to--approve;--semmense-er--engage
in--such-aetien-
@- T-he-granting-ef-any-par-t-ef-ar-t-applieatien-whieh-re late s-only-te
technical-speeifioatiens-and-requirements;provided-that-ne-such
partial-appr-eval-shall-entitle-er-permit-the-applicant-te-cemmenee-the
aetien-until-all-requirements-ef-this-chapter-and-the-Rul es-have-been
fulfilled-
2. Section 44-4 is amended as follows:
A. Consistent with the Rules and the criteria therein, (lie actions listed in
Section 6-1-7-42 617.4 of the Rules as Type I actions are likely to have
a significant effect on the environment.
290 APRIL 2, 1996
B. Consistent with the Rules and the criteria therein, the actions listed in
Section 6-1-7;1-2 617.5 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 9 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 Seetien-6.1-7:7(b)-ef
the Rules, and thereafter the proposed action may be processed with-
out 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 Sestien-6-1-7 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:
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 specified-in4eetien-61-7-.7-(d)-ef-the
Rules shall be prepared, filed and circulated as provided in-Section
61-7--7(e)-and-(f) 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 Seetien-617:7(e)-and-(f)-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 be published in the official town newspaper at
least ten (1.9) fourteen (14) days prior to such public hearing. Such
netiee-shall-also-state-the--place-where--substantive-written-eemments
en-the-draft-envir-enmental-impact--statement-may-be-sent-and-the-date
before-which-sdeh-eemments-shall-be-received- 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.
s. Chapter 44-11 is amended as follows:
If, on the basis of a draft environmental in-ipact statement or a public hear-
ing thereon, the town agency determines that ad action will not have a sig-
nificant effect on the environment, the-pr-epesed--aetien-may-be-pr-esessed
witheut-farther-Fegard-to-this-chapter.- no final environmental impact state-
ment need be prepared and a negative declaration may be prepared, filed
and published.
APRIL 2, 1996 291
6. 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.
7. 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 taken in carrying out or approving the
action to minimize or avoid adverse environmental effects.
8. 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 decision:
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-
ticable by incorporating as conditions to the decision those mitigative
measures that were identified as practicable.
9. Section 44-18 is amended as follows:
Where more than one (1) agency or department is involved in an action,
the procedures of Sections 617-- .4 617.6 and-61-7-.8 of the Rules shall be
followed.
1 o. he
44-19 is deleted as follows:
AGtieRs undertaken-er-apprGved-pr-ier-te-the-dates-spes+faed-in-�tiele-S--ef
the-€nvlFen►-eeRtal-Gonsenratien-L_aw-fsr-lesal-agenGies-shatl-be exempt
frern-this shapter-and4he--pi�ey-isiens-of-Miele4-sf4he-€Rvifennaental
GensewatieR-L-aw-and4he-R6iies,provided;however-,4hati€-after-Sueh
dates-a-tewn-agency-madifiee-aR-action-undertaken-eFappr-eved-prier to
that-date-and--sash-agene}-deterrn ines-that-the-medifisatien-may-haven
signifisantadvem effect-eR-the-eR-rfFenmeRt-sueh-rnedifisatien-shall-be
aR-aetien-su b jeet-te-th is-chapter-and-6-N-1!GRR-g4-7-
292 APRI L 2, 1996
1 1 . 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 6-1-7--7 617.13. Where
the-town-mur,4Fepare-a-final-eRvir-o mental4mpaet--statement;-floe-fee
rharged-te-the-applicant-shall bl the-aet6ial-6es�4nGur-red-b�-the-tewn-
II . This Local Law shall take effect upon its filing with the Secretary
of State.
50.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED. _
COUNCILMAN TOWNSEND: ' I'd like to table Resolution 51 for discussion.
SUPERVISOR COCHRAN: What do you want to table?
COUNCILMAN TOWNSEND: The required parking year round, that's
number 51 . We haven't really had a chance to discuss it since the hearing,
and I thought, Bill, you had some things you wanted to raise?
COUNCILMAN MOORE: No. Do as you will. If you want to table, we can
go that route.
SUPERVISOR COCHRAN: Do you want to hold it for the next Board
meeting?
COUNCILMAN TOWNSEND: I'd like to discuss it. I've got some input on
it.
SUPERVISOR COCHRAN: It will be on the agenda for the next Board
meeting. Okay, Number 52?
52.-Moved by Justice Evans, seconded by Councilwoman Hussie,
WHEREAS, wthere was presented to the Town Board of the Town of
Southold, on the 19th day of March, 1996, a Local Law entitled, "A
Local Law to Modify the Annual Financial Disclosure"; and
WHEREAS, -the + Town Board held a public hearing on this Local Law on
the 2nd day of April, 1996, at which time all interested persons were
given an opportunity to be heard; now, there, be it
RESOLVED that the Town Board hereby enacts Local Law No. 2 - 1996,
which reads as follows:
LOCAL LAW NO. 2 - 1996
A Local Law- to Modify the Annual Financial Disclosure Statement
I . Chapter 10 (Ethics, Code of) of the Code of the Town of Southold is
hereby amended as follows:
1 . Section 10-2 is amended to add the following definition:
IMMEDIATE FAMILY MEMBER - A spouse or any person
claimed as a dependent in the town officer's or
employee's latest individual, state income tax return.
2. Section 10-16 D (1) is amended as follows:
(1) Disclose, with respect to any office, trusteeship,
directorship, partnership or other position held in a
business, association, proprietary or not-for-profit
association, proprietary or not-for-profit association
held by a town officer, employee or .9"trse-
immediate family member, the nature of the position
and the name and address of the organization.
3. Section 10-16 D (3) is amended as follows:
(3) Describe the nature and location of any real
property or investments within the town, or within
one (1) mile of the boundary of the town, in which
the officer, employee or spotrse- immediate
family member has a financial interest.
APRIL 2, 1996 293
4. Section 10-16 D (4) is amended as follows:
(4) Identify each interest in a trust, estate or
similar beneficial interest (except for IRS eligible
retirement plans) in which the officer, employee or
spouse- immediate family member has an
investment in excess of two thousand dollars
($2,000.00) .
5. Section 10-16 D (5) is amended as follows:
(5) List the name and address of donors of all
gifts received by the officer, employee or
spouse- immediate family member excluding
gifts from a relative, which have an estmated value
in excess or five hundred dollars ($500.00) .
6. Section 10-16 D (7) is amended as follows:
(7) Describe any interest the officer, employee or
spouse- immediate family member has in any
contract involving the town:
11 . This Local Law shall take effect upon filing .with the Secretary of
State.
* Underline/bold represents additions.
** Strikethrough represents deletions.
52 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
53.- Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold, on this 2nd day
of April, 1996, amended Chapter 10, Code of Ethics of the Town of
Southold, by Local Law No. 3 - 1996, "A Local Law to Modify the Annual
Financial Disclosure Statement"; and
WHEREAS, said amendment adds a new definition, "Immediate Family
Member" to the Annual Financial Disclosure Statement requirements;' now,
therefore, be it
RESOLVED that the Town Board hereby adopts an amended Annual
Financial Disclosure Statement (AFDS-4/96), which reads as follows:
ANNUAL FINANCIAL DISCLOSURE STATENM—NT
TOWN OF SOUTHOLD
YEAR
The purpose of this Statement is to provide to the Southold Town Administration information that may
indicate an actual or potential conflict of interest, or a violation of Southold Town Code Chapter 10,
defining the Code of Ethics. It relates to activities entered into during the past full calendar year through
the date of filing. Provide additional pages as may be necessary to complete disclosure.
1. IDENT11TICATION
Last Name Middle Initial First Name
Title T, -
Department or Agency Telephone No.
Department or Agency Address Telephone No,
Residence Address Telephone No.
294 APRI L 2, 1996
2. INTERESTS
List any office, trusteeship, directorship, partnership, or other position in any business, association, pro-
prietary, or not-for-profit organization held by you or any immediate family member, which could be
affected by any decisions of the Town.
(Hereafter, "immediate family member" shall refer to spouse and dependents.)
Position Name and Address of Organization
3. EMPLOYMENT (Including self-employment) _
Describe any sources of income, other than Town employment, providing more than S500 a year for you
or your spouse.
Name and Address of Source of Income Title of Position
4. REAL ESTATE
List all real property owned by you or any immediate Family member within Southold Township, inclu-
ding that used as your family residence. List the location of all real property within one mile of the Town
in which you or any member of your immediate family have an interest, regardless of its value.
Address of Real Estate Owned . Use of Proper
5. INVESTMENTS
Itemize and describe all financial interests you or any immediate family member have in any business,
corporation, or partnership which regularly does business with the Town, excluding any investment of
which less than five percent of the outstanding stock or value is held.
Name of Enterprise Description of Investment
6. INTEREST IN CONTRACTS
Describe any interest you or any immediate family member now have in any contract involving the
Town.
Description of Interest in Contract
7. TRUSTS
Identify each interest in a trust or estate or similar beneficial interest in any assets in excess of S2,000
(except for IRS eligible retirement plans) or interests in an estate or trust for you or an immediate fanvly
member which does business with the Town.
Trustee/Executor Description of Trust/Estate
APRIL 2, 1996 29s
8. TRAVEL AND ENTERTAINMENT REIMBURSEMENT
Identify and describe the source of any third-party reimbursement for travel-related or entertainment
expenditures in excess of$250 that relate to your official duties, speaking engagements, conferences, or
Fact-finding activities.
Name and Address of Source Description
9. GII!TS —
List the source of any gifts aggregating in excess of$500, received during the past year, and with a
potential connection to a Town decision, which have been received by you or an immediate family
member. Gifts from a relative may be excluded. The tens "gifts" includes money, meals, property,
services, loans, travel, entertainment, objects, or promises.
Name acid Address of Donor Typed_Qfgt stimated Value
10. DEBTS
.Identify all persons or institutions who do or seek to do business with the Town to whom you or your
spouse owe debts,in excess of$5,000.
Creditor
Signature Date
52.- 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: That is the end of our resolutions. At this time
anyone wishing to address the Board on any given topic has the
opportunity to do so.
ANNA COSIMANO: Ladies and gentlemen, my name is Anna Cosimano,
and I am a permanent resident of 'Southold. 1 would like to talk to you
today about the North Fork Animal Shelter. I speak for a large number of
concerned residents of Southold Town, who have three concerns, the
operation of the shelter, the discontinuance of the volunteer program, and
the financial conduct of the shelter. We believe that the shelter is not
properly operated. For example, the shelter's recent conduct in
euthanizing animals is in direct conflict with a no-kill philosophy. An
animal should not be put to sleep if it does not pose an undue threat, in
particularly if it can be adopted out. Any animal in captivity, as these
animals are, may be prone to nip, but properly qualified shelter personnel
should be expected to handle this situation without having to kill the
animal. Also, better adoption procedures should be implemented to reduce
the animal population. In addition, the recent resignation of a large
number of board members in response to the shelter's operations requires
an examination by the Town Board. We also question the discontinuance
of the volunteer prograrn. There are many animals at the shelter, and the
296 APRI L 2, 1996
staff cannot give them the attention and exercise they deserve. The
reason given for discontinuance of the program was, once again, the
problem of an animal biting. Why should the entire program be.
scrapped? The staff should be able to coordinate the program properly to
minimize such problems. Finally, we ask the Board to examine carefully
the finances of this group. They should be accountable to the taxpayers
and to you, the Town Board, for the funds they receive. In support 'of
these requests, I submit to you a petition signed by approximately 1,000
Town residents asking for an immediate investigation. To be exact, it's
1,022, so I have the petitions here with me, and I thank you for your
concern. ,
SUPERVISOR COCHRAN: Would you, please, give us the petitions,
Anna? We know that this something that the Town Board has to deal
with. It's unfortunate that, I don't like to say there are priorities, .
but our plate was so full today, that it will be put on the next agenda
for discussion. Thank you. Jim?
JIM BITSES: Mrs. Cosimano was grieving for a dead child. I hope
you understand that?
SUPERVISOR COCHRAN: We know that.
JIM BITSES: Financial problem indicates that the executives of the
public shelter, which is financed by public funds, in other words, the
kennel manager was earning approximately $20,000, that has become
$47,000 a year. The kennel manager still gets $20,000, but there's a job
called coordinator, that goes down another $27,000. Now, considering that
the Town gives the shelter $119,000 a year, about one third of it is going
for two positions in top management, possibly three. I'm not positive of
that point. The workers, however, are still getting only $7.00 an hour.
They're the ones, who feed the dogs, walk the dogs, watch the dogs,
take care of them, medicate, etc. The situation needs remedy. That's my
point. The next point is, that there is a fund, trust fund, that was
formerly at Bank X. It has been transferred to Bank Y. Nothing wrong
with that. The only problem is, that one of the Board members works at
Bank Y. Even though she did not receive any monetary advantage from
this matter, the by-laws specifically state that, a member of the Board
can not receive any recompense, and I believe that moving it to her bank
is fraught with recompense. I would call upon the Town Board to ask this
particular Board member to resign forthwith. Aside from that, members of
the Board, who were driven off the Board, four or five very fine people,
came to me, discussed the matter with me, and told me that they couldn't
.make headway against four specific people on the Board. There were
recriminations, there was shouting, there was all sorts of intimidation,
and these people being ordinary, good Southolders, and not aggressive
people withdrew, which is what the Board apparently wanted. So, what
does that leave? The people that are running the Board now have not
been sending out cards to bring in new members, have not been raising
contributions. Not being a public facility depends upon public activity,
public volunteers, and public contributions. They came to me, and said,
what can we do? Well, if the membership cards can start recruiting
members, and bringing in the contributions yourself, it's a public
facility, I said to them, there's nothing to stop you as a citizen of
Southold from bringing in contributions to the North Fork Animal Welfare
League. They showed me 200 cards, and I said, that's not enough, make
more, make more identical to these. We're going to recruit at least 500 to
1,000 people. We have to keep this shelter running. As a public facility
we can not burden the Town with overtaxation, so to speak. The $118,000
is welcome, but we can not overburden the Town. The shelter depends
upon the voluntary efforts of all of us to go, and bring in members. I
said, print up cards just like these, so they did. I brought the cards
identical to the old ones, and unfortunately I mixed them, so I don't know.
which are the old, and which are the new, simply because they have the
same ink, the same printer, the same paper, the same format. It's an old
lawyers' trick, 'my friends. . In any event, I said, go out and get fifty
members. They went out, and they got 125 members, and they collected
$1,250 between up to April 1st within one week, and they're going to do
the same again, and again, further into April and May, and we're going to
have a thousand people at that election, and we're going to swamp them.
People are up in arms, and they can't take anymore of the crap, that
APRI L 2, 1996 297
they're getting from the gang of four, that is running the Town Shelter.
They're going to get rid of them. It's a public facility supported by
public funds, and the public is going to do it's duty. This is a general
no confidence vote. The reply that we've gotten from everyone in town
indicates that there's a poisonous atmosphere in the Dog Shelter, and that
no one has confidence in the four people, the gang of four, who are
running the shelter now. Since the by-laws call for fifteen members on
the Board, and there are only. five at the present time, I'm going to ask
this Town Board to do something, that it doesn't have to do, and, also,
'+ wants to distance itself from the Shelter, let the public run the shelter,
which is the way it should be, and I agree that you should distance
yourself up to a certain degree. I'm going to ask you to ask the Board,
unofficially, to run elections in the month of April for the ten vacant
posts. They don't have to do it by the by-laws. They can delay until
July, but I'm going to ask you to speak to them, because you are good
officers, to have a general election in April for the ten vacancies on the
Board of Directors. There's also been talk that they intend to delay the
elections until October. We have a very good network of spies in town.
They say they're going to delay until October. The by-laws call for July,
and if they're going to delay beyond July, they're going to find
themselves in Supreme Court, Riverhead. But, that's neither here nor
there. The point is, I'm going to ask this town, this Town Board, to
direct them using your good offices to order an election during the month
of April for the ten vacancies on the Board of Directors. Thank you, and
keep those contributions coming. Those ten .dollar Dills, we need them.
We turned over $150.00 to them yesterday, because 125 people came
forward with checks made out to the North Fork Animal Welfare League.
Ten dollars, please, we need your contributions. We need your help.
Thank you.
SUPERVISOR COCHRAN: You're not on camera, but they heard your
plea, Jim. Mrs. Wacker?
RONNIE WACKER: Good evening. My name is Ronnie Wacker. I'm from
Cutchogue, and I wanted to say that, for the first time in our lives my
husband and I became snow birds this winter, and I recommend it highly,
not just because it's warmer down there, but because it gives you a whole
new prospective on what's happening in your hometown. What I found at
my first Town Board meeting this morning, is that we seem to have shot
ourselves in the foot. 1 thought we all wanted a Y. Apparently, we
dickered so long about where to put it, and whether all those Riverhead
people should be allowed to use it, too, the Y people got the message that
we weren't .that committed. That we were really being kind of doggy in
the manager about it. They told us today that Southold is no longer a
priority item for them. They said they felt there was no support for what
they were trying to do, which was to build a recreational facility with
swimming pool for the entire North Fork community. They may be right.
This is kind of hard to accept. I don't know a person in town who will
admit that he or ' she wouldn't Like a Y here. For the kids it's a place
where they're accepted, and we all know how the personal property signs
have been booming all over. They is no place where kids can just go, and
roam anymore. The beaches are personal property. You can't walk around
there, and they can't play. So, they have lots. of physical activities in
the Y, and for adults, and especially seniors. It's a great relaxation,
and challenge to those tiring muscles. Well, what's happened? If we
really do all want it, we'd better change the message that we're putting
out, and get together and work for it. Madame Supervisor, I'd like to
ask you, if I may ask everybody here, who is really in favor of a Y7
would like to see a show of hands. I would say that this is a majority.
SUPERVISOR COCHRAN: How many are against a Y?
RONNIE WACKER: I would say that's a minority.
SUPERVISOR COCHRAN: How many don't have a feeling one way or the
other?
298 APRIL 2, 1996
RONNIE WACKER: What I'm suggesting is, we have a slim chance, let's
do something. We've thrown away a large part of our chance, but we still
can try. Today I was delighted to see at the Town Board meeting that
you, Madame Supervisor, had a letter to give to the Y people to suggest
that their Y, some kind of compromise, that there was somebody that was
interested.
SUPERVISOR COCHRAN: There is a gentleman, that. would like to speak
with the Y in relation to the possibility of an arrangement of land, not
giving, but an arrangement.
RONNIE WACKER: Even so, there must have been some amelioration
over the. .
SUPERVISOR COCHRAN: We'll see where it goes. _
RONNIE WACKER: That would be terrific. Now, I see another problem.
This is as of today, as I'm viewing my hometown with objective eyes, and
I'm astonished at the venom that's engendered in the matter of hiring
police officers, and the hysteria it has created. I would like to suggest
that maybe it's time for us to step back, and consider the whole thing.
First of all, we all want the same thing, and that's the good of the
town. The Police Department, the P.B.A., they want to be sure that
residents are protected by,, the best police available. The Town Board
wants it's police to be men, and women, who live up to the high standards
long set by the police department, so what's the argument? Both sides
want the same thing, qualified people to do an important job. It's simply
a matter of timing. Some people are saying, hire more people now, never
mind whether they're qualified or not. The first available person, hire
him. But, do we need people who may end up giving us more problems
than we have now? Let's be sure before we react hysterically, that we're
doing the'-right thing. In the case of Eric Heins, the policeman next in
line for a towri position, according to the Suffolk Times he is has not
worked as a police officer since December, 1992. This is through no fault
of his own. He was injured on the job, and rightfully received disability
pay. This is not , to cast dispersions on Mr. Heins'- ability to perform
his duties. I couldn't begin to assess whether an officer is physically
qualified, or not, but police authorities have generally agreed that an
officer, who has not worked for a year or more, usually can not take up
his duties satisfactorily again. As I understand it, what the Town is
asking is simply for a Civil Service hearing, which is pending, to make
the decision. Can Mr. Heins pick up the load again? This is not a
matter for you, and me, or a layman to decide. As a taxpayer I don't
want to finance an open added convalescence. In the meantime 'the Board
can hire part-time officers to take up the slack, or if .not that, and
understand this police department doesn't look kindly upon that, but as
summer is approaching we can ' hire seasonal officers. Both sides are
right. . There really is no argument. Let's leave it in -the hands of the
Civil Service hearing. We will all feel better if it finds Eric Heins
fully qualified to return to duty. Thank you.
SUPERVISOR COCHRAN: I think I can speak on behalf of the Board, that
we all have the same goal, and that is hiring the -additional police
officers, that we need. We are working together toward that end. Thank
you for your comments.
HARVEY ARNOFF: Harvey Arnoff of Southold. I'm 'reminded of Nero
fiddling while Rome burns. I feel that the Board is ablegating his duties
to the citizens of this town by not making some statement, and doing
something in regard to the status of our police department. It's
interesting that on tonight's agenda there was a public hearing, 'that
called for a year round parking permit. Who's going to enforce it? We
don't have enough police to enforce the laws, much less additional duties,
that you're giving to them. But, that's okay. Last night, and the reason
I'm here today is last night, and I dor'I't know how many of you live in the
hamlet here, the ' lights went out last night, I don't know if yours did;
Mrs. Supervisor, but ours did. I didn't know how wide spread it was, so
I got in my vehicle, and I drove downtown, and the entire key of
downtown Southold, with the exception of emergency lights here, and at
the bank, was pitch black. As I drove through the signal light, right
down here on Main Street, which was black, I said,- where's the police
APRI L 2, 1996 299
were the police officers manning that type of traffic control device? If
you travel in western Suffolk County, if you travel in Riverhead, and
there's a traffic light out, you have a police officer there. I can tell
you where they probably were, and that's working elsewhere within this
town, answering calls, because there are not enough bodies to do the job.
It's really time that we did something, and the only thing I can do, as a
citizen of this town, is to remind you of the pothole law. The pothole
law was, to put a municipality on notice of a dangerous condition, so in
the event someone was injured they could sue the town. It is my job now,
and I'm taking the position to put you, Madame Supervisor, and the
remainder of the Board, and the Town Clerk, on notice of a dangerous
condition which exists in the Town of Southold, and that is the
undermanning of the police department, and their inability to provide the
necessary coverage to this town. As recently as a few weeks ago, wasn't
the entire police force in Greenport answering a call?
SUPERVISOR COCHRAN: Yes, they were.
HARVEY ARNOFF: And who was protecting the remainder of the town,
and the citizenry of this town, if someone is injured will have a cause of
action against the town, and the town exposure is dramatic. Get off the
dime, hire somebody, and let's get some protection for the citizens of
this town. Thank you.
F.M. FLYNN : F.M. Flynn, Southold. What I' intend to present is in
the form of brief, although it may not be as brief as some of you might
like. I ask your indulgence. My comments concern a complex matter, that
has been the subject of private meetings. with Town officials over the span
of months, if not years. I can not present the cogent criticism by means
of a limited sound bite. My subject should be exposed to all citizens,
and perhaps to the members of the Town Board, although the commentary
dooms it to oblivion in the Town's file inaccessible to most citizens. As
to my qualifications to address this particular matter, the Board is
probably not aware that, I was for many years, a consultant to the
Attorney General. In the course of this service I conducted many
criticisms of site plans preparatory to my testimony as a court accepted
expert witness. I might add that I was muzzled by a Town Board, in my
attempt to criticize the subject to be addressed. I believe this Board,
this entire administration subscribes to the three basic principles of
good government, openness, due process, and equal treatment for all
property owners in the Town of Southold. Presumably these fundamental
tenets apply to agency of the town, and the Town Board having appointed
members of these Boards of these agencies, assumes ultimate responsibility
for their actions. In my opinion, based on the facts, I shall submit the
Southold Town Planning Board has flagrantly violated, and flouted these
principles in approving the Port of Egypt site plan on February 26, 1996.
The more things change, the more they remain the same. In the first
instance the published legal notice for the hearing on the referenced
project was deliberately misleading as to the nature, and extend of the
plan. The notice, both by physical description and tax map number, was
confined to a property identified as District 1000, Section 56, Block 6,
Lots 4 6 6.1 . However surreptitiously. covertly and furtively, the notice
failed to include to include the parcel identifiable as District 1000,
Section 56, Block 4, Lot 10.1 . This is a parcel separated from the notice
property by Route 25, and it's .on the northerly side thereof. The
additional parcel is described by tax lot number on the Site Plan legend,
and is also cross-hatched as part of the plan on the location map
incorporated on the site plan. Lest my powers of observation be
questioned, the fact that this additional parcel was included in the Site
Plan was confirmed to me by Robert Kassner, Site Plan Reviewer, in the
course of an approximately ten minute conversation at the Planning Board
office on February 20, 1996. I shall discuss the importance of this aspect
of the overall matter in a subsequent context. In describing the
boundaries of the project, the Legal Notice stated the property was
bounded on the west by land, now or formerly of Suffolk County
Industrial Development Agency. Obviously this an evasive, hedging
statement. For all we know, the land may have been formerly owned by
the Abnaki Indians. The pertinent question is who owned the land at
the time of filing. The Planning Board had reason to know, based upon
submission to it by the applicant, some four and one-half years later to
the purported sale to the SCIDA, that ownership was described as being
300 APRIL 2, 1996
in CSL Realty, Inc. , whose owners are William Lieblein and George
Cottral. I was stimulated to delve into this matter. The SCIDA
emphatically denied ownership of this parcel. When pressed the agency
conceded that beneficial ownership was vested in C&L Realty Inc., and
that it's involvement could be construed as a means of tax avoidance.
This appears to be correct as the property is carried on the Tax Exempt
roll of the Town. ln an attempt to fathom the apparent discrepancy, I
undertook research of the property's records at the Suffolk County
Clerk's Office. I encountered a complex and confusing series of
transactions. Most of these instruments were recorded on November 29,
1984 at precisely the same time. I shall, in the interest of time, I
shall be pleased to provide copies of these instruments to the Town Board
for it's analysis and conclusions. My interpretation is , of course,
subject to legal determination. I believe, based in part on statements
made by Mr. Lieblein at the referenced hearing, that the prp.erty is
owned by C&L. Realty as an encumbered fee, which it may occupy,
operate, or sell subject to the paying of a mortgage. It will be noted
that the rights cited comprise the principle provisions of the bundle of
rights defining ownership. The CEL Realty, Inc. property is now
identified on the Tax Map as District 1000, Section 56, Block 6, Lot 3.4.
In the mortgage it is cited as being improved by a motel, boat slips,
fishing station and fish market. Omitted from this description is a boat
sales shop. Mr. Lieblein stated at the hearing that he had purchased
the property in November of 1984. What he mentioned indicated that the
property was sold from the Southold Marine Center Land Holding
Corporation to S&L Realty, Inc. Conveyance was pursuant to a Contract
of Sale, amended September 26, 1984, between Southold Marine Center
Land Holding Corp., and Messrs. Lieblein and Cottall, who are
identified therein as principals in Southold Marine Center Land Holding
Corp. It is possible to construe that the purchase money was used, at
least in part, to purchase the property from themselves. Some members of
the Board may question' whether certain of the previous comments are
germane to discussion of the subject Site Plan. I believe they are. At
the inception of the various plans submitted for the subject property,
both the marina and motel properties were acknowledged to be in single
ownership at that ` time. The same ownership was also indicated on the
highly questionable Long Form Environmental Assessment submitted, and at
that time as well advertised as having that common ownership by the
owners. There are obvious reasons for the owners to attempt to divest
themselves of the previously acknowledged common ownership. the
combined area of the motel and marina properties is approximately seven
acres. The combined, existing uses would require an area of some fifteen
acres to conform to the Town Code. The property is obviously
over-improved and by nonconforming improvements. Although efforts may
have been made of alter the nature of the ownership during the course of
these applications, there . are circumstantial evidence to the contrary.
There is a certain degree of co-ownership. The combined properties have
a unity of use. William Lieblein pays the taxes on both parcels.
Additionally, several of the instruments previously referred to reverts to
the motel property at the Port of Egypt facility, and one of them recites
the motel property as having an office at the Port of Egypt. If the
combined properties can be considered, to any extent or be interpreted to
be in beneficial, or constructive common ownership, then the approved
Site Plan was for a segmented property. I believe it is incumbent on the
Town Board to determine, by means of legal opinion, the degree of
commonality of ownership. Now to the abortive public hearing. From its
inception, it was quite apparent that it was pro forma charade. The
Board had already reached a decision and was not about to consider any
comments from the public. It is obvious, from a reading of the transcript
of the proceeding, that consideration of my remarks was to be confined to
those I had made in the previous referenced conversation with Robert
Kassner, a non-member of the Board. The crux of this conversation
was that the limited time permitted by the notice, particularly as it
spanned a holiday weekend, hardly gave the public sufficient time to
investigate a complex problem although as the transcript subsequently
revealed, the Chairman stated, that the Board had conducted an extended
review with the applicant. I further inform Mr. Kassner that due to the
time restraints, or constraints, imposed on verbal presentations, 1 would
conduct further, detailed investigations on what I believed to be a highly
questionable Site Plan and reduce -my analysis to written comments to be
submitted to the Board. I had the naive conception that the Board's
APRI L 2, 199601
submitted to the Board. I had the naive conception that the Board's
function, at the hearing, was to consider objections raised by the
public. The Chairman stated, you've raised a number of issues, the
issues that I had raised speaking for ten minutes to Bob Kassner. I
think we will go through them tonight, will answer some of them, probably
not all of them, but the ones at least we felt we would have to address.
Note the interpretation, the intention to answer some of them, notably the
ones the Board felt it would have to address. Note the use of the pass
tense, felt. Obviously, the Board did not intend to address any
additional questions raised at the hearing. This hardly represents due
process, in fact, it ignores it. The Chairman further stated, and I'm
quoting, but, we did carefully look through, I believe, all the issues you
have raised. How is this possible? I introduced issues far beyond those
raised in my short conversation with Mr. Kassner, on which the Board
reportedly relied. Not one question was addressed to me by the .Board.
My written critique was not even read. the specious defense cited by the
Board for it's action was that the proposed action was that the proposed
action was more beneficial to the community, that the previous highly
questionable approval of a 25,000 square foot building on part of this
site. Somehow, it appears implicit in this statement that the previous
approval was less than beneficial to the community. It most certainly
was. The approval of the previous plan was a outrage, which was
incorporated complete disregard for the Town Code by the various
agencies involved. By my analysis of which the Board was then aware,
not only were the building and related structures nonconforming, but, by
my calculations, the approval constituted a gift of the use, and hence the
value of approximately two acres of waterfront land. Now, to the analysis
of the disingenuous, misleading . Site Plan , on which the Planning Board
acted, and approved. I have reservations' as to the actual area of the
property, and I am certain that the area of existing structures is
understated. However, at this time I will confine myself to the more
egregious aspects of the current Site Plan, which the Planning Board has
seen fit to approve. The applicant acknowledges at least three existing
uses on the property, all of which are non-conforming. By his
calculations, the total plot plan area on that Site Plan is 216,058 square
feet by Code requirements each of these uses requires an area of 80,000
square feet. The total required is 240,000 square feet. Thus, there is
an existing area shortage of 23,942 square feet for the existing uses.
The property is already overimproved, and yet it is proposed to add
another improvement. Proper planning practice provides that ' where
sufficient plot area exists to meet zoning requirements, the intensity of
use should be governed by these requirements. The existing uses are not
only nonconforming, but constitute uses on a larger unapportioned tract.
Therefore, the Planning Board's decision should not be governed, as they
apparently were, by arbitrary delineations, or apportionments, made by
the owner. I need hardly point out to this Board that were another
property owner to erect a marina, a restaurant and a retail store, he
would have to devote 80,000 square feet to each use.
SUPERVISOR COCHRAN: Mr. Flynn, I don't mean to interrupt you. Do
you have much more to go. Councilman Moore said there are some things. .
F.M. FLYNN: I wish you would reserve the question to the end, so you
don't disturb my continuity, and I really think, although I'm using some
time, I think this is a matter that should be of interest to every member.
SUPERVISOR COCHRAN: I have no problem with the time, Mr. Flynn.
Please continue.
F.M. FLYNN: Next I question the Negative Declaration issued by the
Planning Board. I am not aware of there having been any pubic hearings
on this matter. It is incomprehensible to me that such a declaration
could have been issued for a property in a Critical Environmental Area,
located in the flood plain and having some elevations in the area of two
to four feet. This declaration is even more outrageous considered, as it
must be in the context of the overall property and the intensity of use
granted by the Planning Board. This is particularly true with respect to
health safety and public welfare considerations resulting from concessions
granted by the Board, and the subterfuge of incorporated Tax Lot District
1000 Section 56, Block 4, Lot 10.1 in the approved plan. It appears that
some do not understand, or profess not to understand the purpose of the
302 APRIL 2, 1996
marinas. It is not a question of the availability of parking per se.
Rather the established ratio of one space per boat represents the sole
means of control the Town exerts over the number of boats to be launched
from a marina site. If you were to check, as I have, every other town
with frontage on the Peconic Bay, each has a similar requirement of one
parking space per boat. Without such a regulation there would be chaos
on the bay. Even under Southold's regulation, there is no attempt at
enforcement and I am convinced this Board has no idea of the number of
boats, legally or illegally based at the Town's marinas. Minimum marina
size is 80,000 square feet. Without regulation, and by use of elevated
storage racks, it is conceivable that such a plot, based on the density
granted the applicant by the Planning Board, could approximate 1500
boats. This on a plot size the same as prevailing for many, if not most,
of the residential properties in the Town. The applicant bases his
planned parking on 122 in-water slips. His advertisement. indicate 150.
Significantly, the plan omits any count of high and dry, or rack storage.
A survey conducted by the North Fork Environmental Council, under the
aegis of the then Town Board counted 165 boats in this category. The
Town Code requires 315 parking spaces for boats alone. Add to this the
requirements for marina employees, restaurant employees and patrons and
retail use and the total parking requirement is for 385 spaces, or more.
On the Site Plan it is alleged that provision has been made for 255
spaces. Even were that true, which it demonstrably isn't, there are 134
less spaces than the Code requires, or 1 .08 acres of land area. In
defiance of the Town Code, the chairman stated that, for a number years,
his Board has used a standard of one parking space for four dry storage
boats. Does he not realize that his standard would allow for thousands of
additional boats to be launched from Southold marinas into the common
resource represented by Peconic Bay, a federally designated Critical
Environmental Area. The battle over the reduction of parking
requirements was fought long ago, and the Town Board refused to amend
the parking requirements with respect to marinas. Further I refer the
Town Board to the provisions of Section 100-254 B(4) of the Town Code
which states the Planning Board may vary and waive parking
requirements, however, provided that it will not have a detrimental effect
on public health, ' `safety and welfare, and further providing it will not
have the effect of nullifying the intent and provisions of the Town Code.
The Planning Board deliberately eliminated these provisions, these
qualifications, from it's statement as to the section of the Town water
from which it rely. The un-elected' Planning Board has seen fit to. ignore
the Code and rule independently thereof. Significantly, the Site Plan did
not indicate the number of boats in dry storage. Were the Board to have
inquired, 'or perhaps it didn't want to know, that there were at least 165
boats in this category. The Planning Board's action in allowing only ten
parking spaces, I state it again, ten parking places for dry-stored boats
cynically provides for one space per sixteen and one half boats. This
outrageous ratio not only affects the health, safety and welfare of all
using the, bay; but adversely affects it's environment. I most certainly
intend to inform the Supervisors of the other towns fronting on the bay of
Southold's intolerable exploitation of a common resource. Now, to the
reason for the clandestine inclusion of Tax Map Lot District 1000 Section
56 Block 4 Lot 10.1 on the Site Plan becomes clear. This is a 30,000
square foot lot located on the northerly side of Route 25. Contrary to the
Code's intent, . it has no direct access to the water. Utilized for marina
use, it would incorporate a State . highway into marina use. Incidentally,
this parcel is assessed as vacant residential land. The owner has
previously claimed this parcel has a capacity of approximately one hundred
parking spaces. Based upon the precedent set by the Planning Board in
this instance, this area could provide for an incredible 1650 boats.
Concerning the issues of public health, safety, and welfare, the increased
traffic such use would generate, let alone the prospect of numerous
pedestrians crossing a busy State Highway, leads one to conclude the
Negative Declaration was a perverted aberration. As to the parking
spaces purportedly provided provided on the Site Plan, they would
ludicrous, were they not a serious provocation. In a transparent to
provide even 134 less spaces than the Code requires, the applicant has
stooped to planning parking spaces in a State Right of Way, and in areas
two or three feet removed from the mean high water line. In addition, in
a desperate effort to provide even a modicum of the required parking, the
applicant has resorted to drawing lines within the metal boat storage
building and classifying them as parking spaces. Not only are these uses
APRIL 2, 1996 303
incompatible, but such use is defined as a commercial parking garage in
the Code, a use not provided for in the district. The plan uses the
storage building as a form of expansion tank to create parking that cannot
be conjured up by any other subterfuge. Need more parking? Just draw
some more lines in .the storage. building. As an important aspect of this
matter, and as a measure of the veracity attributable to this Site Plan,
it was stated that the owner has a long term lease from the State of New
York on a portion of the Old Main Road. I raised this question at the
public hearing. The State Department of Transportation informed me he
had no such lease. He has merely a permit, account number 13540,
renewable or cancellable by the State at thirty day intervals. Based
upon this flimsy basis, the owner has erected permanent structures within
the right-of-way, stores boats thereof, and proposes permanent parking
spaces as evidence on the Site Plan. What of the rights of the other
property owners to the east? This right-of-way serves as a primary
means of access for their patrons and employees, as well as for emergency
vehicles. The arrogance implicit in this Site Plan would deny them this
right of access. Section 100-13 of the Code defines a parking lot as, an
off street, ground level area, surfaced and improved for the temporary
storage of motor vehicles. No such provisions were indicated on the Site
Plan. The Site Plan, as approved, includes the entire area depicted on
the plan. Article XXI of the Code incorporates a voluminous set of
requirements for landscaping. , Among other provisions, parking areas
should have ten square feet of landscaping per space and one tree for
every ten spaces. Based upon the applicants claimed provision of 251
spaces, the Code requirement is for 2,500 square feet of plantings, and
twenty-five trees. There is an additional requirement for landscaping in
front yards, etc. There is no such landscaping, not a solitary bush, or
blade of grass is indicated on the Site Plan. Only a lone tree is
indicated in proximity to the proposed pool. The referenced Article of the
Code states, among the purposes of landscaping, the enhancement of
business areas and the provision of privacy from visual intrusion.
Szepatowski Associates, in a report prepared for the Town Board,
referred to the upland storage of boats as a eyesore. What else, may I
ask is the storage of boats on towering racks dispersed throughout a
property at the owner's whim. Another example of the disingenuousness
of the Planning Board's action is reflected in it's statement, the use of
buildings with pre-existing non-conforming setbacks on the subject site
for the swimming pool will not significantly expand any of the uses of the
buildings. What had been previously been described as sheds are. now to
be used as a cabana for pool patrons and will incorporate showers,
bathrooms, a washer and dryer, a snack shop, cigarette vending
machines, etc. If this does not expand or alter- the use of these
buildings, I don't know what would. In it's motion, the Planning Board
states among other things that the Terning Point Motel is a separate
parcel owned by the Suffolk County Development Agency.
SUPERVISOR COCHRAN: Mr. Flynn, that was two pages.
F.M. FLYNN: No, it wasn't.
SUPERVISOR COCHRAN: I don't mean to be rude.
F.M. FLYNN: I'm finishing.
SUPERVISOR COCHRAN: I believe very strongly that people that come
before the Town Board should have every opportunity to share with them,
and I don't want to have in place a time limit for people. I think if
people have something to express, they should be able to, but this time of
the evening is for all, and everyone to have an opportunity to speak. So,
I would like to see you finish, but in the future if you would, please, a
little bit more moderation in the amount you present in one shot. Do you
follow me, Mr. Flynn?
F.M. FLYNN: I do, but,. Madame Supervisor, this situation has been
built over in matter of months and years in private conversation.
SUPERVISOR COCHRAN: That's why I stopped you, because I realized
you had lot to say on the subject.
F.M. FLYNN: I have a lot to say. I'd like to complete it, but I would,
304 APRI L 2, 1996
also, like the Town Board to consider carefully the specifics of what I'm
saying by reason of the copy of this.
SUPERVISOR COCHRAN: Sir, we certainly will, and Mr. Flynn, please,
finish.
F.M. FLYNN : I shall.
SUPERVISOR COCHRAN: But I'm asking you, the next time, please,
moderation, and give other people the opportunity to share this time.
F.M. FLYNN: I can only assure you that normally I am not confronted
with a problem this complex, that incorporates so much data. At any
rate, let me finish. The Planning Board states among other things that
the Terning Point Motel is a separate parcel owned by the Suffolk
County Development Agency. This, despite the fact, that the SCIDA
has denied ownership and stated that a beneficial ownership was vested in
C&L Realty, Inc. the SCIDA has transferred it's rights to the North
Fork Bank and Trust Company. In my opinion, based on statement made
by the applicant at the public hearing, as I said, he enjoys, at least, de
facto ownership, and this is subject to legal interpretation. As I, also,
quote on the decision made by the Town Board, the Planning Board
states, Town Code 100-254(4)(sic) gives the Planning Board authority to
vary or waive parking requirements. They don't mention the conditions
under which they can meet parking requirements. Not only did the Board
misidentify the Section, but it deliberately eliminated the limiting
conditions imposed on them by the conditions I have previously cited. In
justification of it's action, the Planning Board states, all the
requirements 'of the Site Plan Regulations of the Town of Southold have
been met. I could not disagree more in stronger terms. I have outlined
the major objections to this entire misbegotten proceeding, but I should
be glad at some future date to supply you with more details. I would like
to ask a question which, in the past, alas, has proved to largely
rhetorical. What is the purpose of having a Town Code if it's provisions
are not abided by and enforced? In fact, violations are tolerated.
Reputed public hearing evidenced all the aspects of a star chamber
proceeding in which the outcome is predetermined. No questions were of
me, nor was my written analysis consulted. The Planning Board voted
unanimously to approve the Site Plan. If a doddering old codger like I
can conduct such an analysis in the limited time available to me, what
consideration has been given to this matter by the Planning Board? In my
opinion, the collective actions of the Board evidenced incompetence or
worse. My opinion is that their collective action was evidence of
malfeasance, misfeasance, nonfeasance, and all three. As unelected Town
officials, it is my opinion that they should be removed from office. The
ultimate responsibility is, of course, that of the Town Board. As to the
actions of the Planning Board's staff in this matter, I would like to know
whether it recommended approval, or disapproval of the subject Site Plan.
if it recommended disapproval, the Planning Board overruled it's
objections. If, on the other hand, it recommended approval, in my
opinion, it has displayed a gross incompetence which justifies dismissal.
Criticism requires submission for mitigation of existing problems. if the
Town Board desires to change, at least in part, the questionable
applications being submitted to various Boards, it should be by a sworn
statement from applicants as to , the truth of these submissions, and
further non-elected officials should be similarly bound as to the probity
of their actions. Thank you for your courtesy and time, but I think this
was a matter that demanded to be aired.
SUPERVISOR COCHRAN: Now, you have some information you wanted to
share with us. Thank you. Yes, ma'am?
MARY RAKAUSKAS: My name is Mary Rakauskas. I'm a relatively
recent resident of Southold. This is the first such meeting I've attended.
had just one suggestion. It seems as though contrary to what you
suggested, what you said before, that what we should, or what should be
done is a time limit be put on discussions.
SUPERVISOR COCHRAN: There has been in the past during different
administrations.
APRIL 2, 1996 305
MARY RAKAUSKAS: I see no reason why that, say, after five minutes,
you could not submit the entire text, or whatever it is you want to
present to the Board, and .as matter of fact to the other people that are
in attendance, because I think in fact you're taking up, in all fairness
to the speaker, though, he is taking up the time of other people. That's
it.
SUPERVISOR COCHRAN: Thank you for your comment. Yes, sir?
JOHN FIFE: John Fife from Cutchogue. I read with some real concern
the other day, that the present Board is looking at the feasibility of a
new Town Hall. In my opinion, running the Town is not that different
from running a business, and today, as you know, we're in an era of
downsizing, in order for businesses to be competitive, and certainly
there's tremendous financial pressures on government. I wonder if the
Town Board has looked at a projected cash flow revenue for the next few
years, because I think it's quite evident the grants and aid from Federal
government are being significantly diminished. Grants and aid from the
State government will be similarly diminished. It's a matter of record,
that a number of towns in New York may very well go bankrupt this
year. Although I don't think we're faced with the same problem in
Southold, we certainly do have severe problems here. One need only look
at Feather Hill to see empty buildings there. I suspect that the
commercial value of real estate is significantly decreased in recent
years, and with the anticipated addition of bigger malls in Riverhead,
think that continued pressure on our commercial community here will
continue. It's my understanding that the proposed, or suggested site, for
a new Town Hall currently contributes over $40,000 to our tax roll. I'm
sure if we would move, the. Town Board would hope to sell this building
quickly, but I think that might be a naive hope in view of the open
buildings that already exist. I, also, believe that private offices are a
great incentive to try and make work more efficient, to adapt better ways
of doing things, to utilize the newest computers, and to keep our local
bureaucracy in hand, I think will be a real added benefit to expand our
open government to bigger and better offices. Also, the simple cost of
moving, even it would only be across town, is usually much greater than
anticipated, and the additions, or changes, that would be required in the
new building I suspect would be great. So, I hope this will be looked at
very carefully, and I think many of us enjoy the Town Hall as it is.
Thank you.
SUPERVISOR COCHRAN: Thank you, sir. We are looking at different
options, and we have not discussed it, because a report is being
formulated showing us the different options, and the financial picture,
and so on, and so forth, and when it comes time for the Town Board to
discuss these options more information will be given to the community in
relation to our needs, in relation to any of the options, if any, that
we're looking at. So, I just want you to be assured that there have been
absolutely no decisions made at this point, and we certainly are going to
give the community full information, so that they can be part of the
decision. Thank you. Sir, you wanted to say something?
FRANK BUONAIUTO: I would like to go home.
SUPERVISOR COCHRAN: I would, .too. I didn't have my dinner yet.
FRANK BUONAIUTO: I'm Frank Buonaiuto, Southold. Before I leave
want to thank Councilwoman Hussie for telling us about the garbage
bags, the disposal problem, and to let her know that I appreciate that
she's trying to keep her word. She spoke to me soon after the election,
and she knew that I was interested in that. As far as making the bags
cheaper, the small bags shouldn't be changed at all. That's the one I
use. I think they should allow for better balance on the larger bag,
instead of doubling the amount for the larger- bags to $1 .50, $1 .25 or
something less, you know, all the way around. You know. Anyhow that's
my comment. Thank you very much.
SUPERVISOR COCHRAN: Thank you very much. David?
3OG APRI L 2, 1996
DAVID FEAVEL: My name is David Feavel from Southold. I've always
considered myself a political, stay as far way from politics as possible.
However, the foolishness I've been reading while sitting on my nice couch,
and watching Channel 27 about this police situation, is ludicrous. I've
been a peace officer the last twenty-five years. I've had the good fortune
to work with Creenport Village Police, Southold Police, and many other
police departments. It comes down to politics. I encouraged Eric Heins
to become a police officer. There is only one thing I regret in that.
That's the pain and suffering his family has dealt with. He was a good
police officer in Creenport. He served them well. He got caught up in
crossfire of a political scheme to disband Creenport Village Police
Department. There is no doubt in my mind, if he came aboard in Southold
Town, that he wouldn't be an excellent police officer. This comes from a
lot of experience. Now, the state of the Southold Town Police Department,
at one time we had. a Village Police Department, we had full time police
officers, plus a Chief, that was on duty all the time. We had five
sectors, and a Sergeant, at least one Sergeant. Now, we don't have the
Village Police Department, we're down to three sectors if we're lucky, and
as Mr. Arnoff said, this is a dangerous situation. I think we should all
put politics, and _political agendas aside, and that's what is going on
here. There was a deliberate, very deliberate attempt, and they succeeded
in Creenport to disband their police department. Now, there are kinds of
lawsuits. I don't particularly agree with them, personally, but
understand why they did that. When a man's due process is taken away,
like it was, and he was used as a pawn, a scapegoat, in Creenport, and
he still is here, it's ridiculous. You can have the Mayor of Creenport,
that does the same thing, and I wonder how many people view it in the
same light. Thank you.
SUPERVISOR COCHRAN: Thank you, Dave. Diane?
DIANE RADICAN: Good evening. My name is Diane Radigan from
Cutchogue. I know it's late so I'll keep my comments brief. I'm here
again to address you about the YMCA. The gentleman from the YMCA,
Mike Famiglietti, who was present here this afternoon, along with two
other YMCA officials, to speak to you, he spoke to. you, and answered
your questions, and hopefully we'll be able to move forward from here. I
would just like to briefly state, there are a couple of points that came
out loud _and clear from today's meeting. One of them is the issue of
trust. I think that the YMCA right now has a difficult time in moving
forward with any potential project for Southold. They feel as though they
were led on, they were caught up in a situation. They were used as a
football. They no longer wanted to be associated with that type of
environment. You can't blame them. They spend a great amount of
money here, a fair amount of time, and they got stumped on. In all
fairness I can see why they would feel that way. This is it, if this town
chooses to move forward with a YMCA in our community, we have to
address, as well as resolve that situation, loud and clear tb the YMCA
Board. They told you today, that they have been given notice, that they
will not spend anymore money out here, unless Board moved forward, if
you choose to so. I think that possibly there is a slim chance that they
would consent to do something, if this Board pick up the ball, and ran
with it. 'You have to, now, pick up the cost of the fund raising. All that
is lost from the prior deal. Right now, it's open season so if you wanted
to have a Y here, it is entirely up to this Board. It's not going to cost
taxpayer dollars, because they're not going to pick up that fund raising
cost any longer, as they said. It has been renegotiated from top to
bottom, and they already" put in a lot of money. So, if we are to move
forward, let's do so as quickly as possible, but as forceful as possible,
if that's what you choose .to do. If that's what you choose not to do,
please make that timely decision as well, so that the public is aware of
it.
SUPERVISOR COCHRAN: The Town Board will be discussing it at their
next meeting, and may I add, also, trust works two directions. Thank
you.
DIANE RADICAN: Absolutely, but I think you can put politics aside if
you really want this project to succeed. It can be done. It's worked in
other communities, and I have a great deal of faith; that you people can
work this out.
APRI L 2, 1996 3®
SUPERVISOR COCHRAN: Thank you. Yes, ma'am?
DOROTHY WOLF: My name is Dorothy Wolf of Southold. This is the first
time I have ever done this, and I now know what dry mouth really feels
like. I wasn't planning to say: a thing. I came here because of what I
read in the paper, and the fervor, and the passion, regarding Officer
Heins. I know that there are people on the Board, who would fiercely
support him, and I urge you, first of all, before I urge you do
anything, there is something very unpleasant happening in this
community. There's a sense of fear, that we're without police, that we
are under siege, that our police force is so understaffed, the we're going
to be locked in our homes at night. If that is so, if that the community
is in such peril, then it is for this Board to work with the PBA, and find
some temporary solutions, until the matter of Officer Heins, and I refer
to him as Officer Heins, I do so respectfully, until he appears before
the Civil Service Commission, and clears his name, so that this community
can have an officer we will be proud of. I don't think any decision
should be made regarding him, and Mr. Moore, and Mrs. Cochran, you
are very passionate in your support for him. I would urge you, as a
friend of Officer Heins, and the family, to urge him, to counsel him, to
go before the Civil Service Commission, and have his hearing. We want
policemen, and he's a great cop. I'll give him a cocktail party. I'm all
for him, but there is a very serious ugly cloud, and that has to be
lifted, but in the meantime this aura of fear can not be allowed to
continue. If we are in such terror of our lives, then this Board working
with the PBA has to find some way to give us this protection, everybody
seems to think we need. One other thing, I, also, very much resent the
effort being made to jump upon members of the Board, one member or two
members, for their standing firm on the matter of principle. My Cod, this
is a holy time. We really want the commitment, the decent commitment of
this Board. This community deserves no less. Thank you.
SUPERVISOR COCHRAN: Thank you very much. You did very well for
the first time.
THOMAS MCGUIRE,: My name is Thomas McGuire from Peconic. I
would like to add my name to those opposed to• hiring Officer Heins.
There have been numerous reasons, that have been given. I'm also
concerned with the Board's, what I feel, abrogating their
responsibilities, and decisions, to hire who they want, other than
referring it to the Civil Service, or whoever. You as, stewards to the
town, elected officials have the responsibility to hire anyone, the best
person for the job. It doesn't appear that Heins is that person. I'm
concerned about, basically the responsibility of hiring, why this is being
shuttled off to someone, and why we have to go to the PBA? The PBA
has nothing to do with approving who you hire. You should be able to
hire who want, so why are we even discussing Heins with the PBA?
SUPERVISOR COCHRAN: Thank you. Is there anyone else, that would
like to address the Board?
PHIL VANBOURGONDIEN: My name is Phil VanBourgondien, a
resident of Southold. For awhile there tonight I thought we were not
going to touch on the police matter, but apparently it started, so I have
a few things to say, also. I,. also, congratulate the three holdover
members of the Board for, in the face of some very cheap shots, that
have been taken at them through the press for standing firm to what they
believe is the way to go. They're perfectly entitled to their vote, and
they are entitled to the way they think, and I refer particularly to a
cheap shot, that was .made by a local businessman, who said, that he was
holding the three of them responsible for the vandalism to his business.
How ridiculous can a statement like that be? That is ridiculous. It
doesn't make any difference if you have six, eight, ten or fourteen
policeman on duty, you will always have the vandalism. It is a matter of
way of life. The other thing that I wanted to bring up, Madame
Supervisor, was that, and correct me if I'm wrong, but I believe that
when you were running for election you stated that you would remove
yourself from all police matters, because of your connection with the
police department.
308 APRIL 2, 1996
SUPERVISOR COCHRAN: That is not the statement I made. We have a
letter into the Attorney General at this time asking for a determination
of what would be a conflict in relation to my position. Mr. Moore serves
as Police Committee Chairman. I have not come upon anything yet, that
would relate to my son, as a. police officer, so, at this point, I feel
not any manner, shape or form had conflict of interest up to this point,
and, so, once we have the determination from the Attorney General I will
be sitting down with Ethics Board, also, and discussing this with them as
to what is and what isn't. When I served on the Board in the past, when
it was something, that I felt was a conflict I always removed myself, and
I shall continue to do so on those things that appear to be a conflict.
PHIL VANBOURGONDIEN: That's fine. Can I ask for a clarification?
Have you any idea how long it will be before. .
SUPERVISOR COCHRAN: No. Laury, when did we write that letter?
TOWN ATTORNEY DOWD: We wrote that letter on January 10th. It
should be some time very soon.
PHIL VANBOURGONDIEN: Government moves slowly. One of the
previous speakers made mention about the. you're looking into expanding,
you need more space in the Town Hall, and I roll my eyes when I see that
you're even thinking about the building on Youngs Avenue. It's too big.
If you don't fill it, you will find ways of filling it, and that's going
to mean you expand government, and I thoroughly disagree with
Councilwoman Hussie. Nobody is going to rent place in Town Hall. My
other thing is, that you have—it's on the Main . Road. This is a nice
looking Town Hall. From the front it's a beautiful Town Hall. If it's too
small, acquire some property. The property directly on the corner next to
you is for sale. The whole back could be purchased. You could expand
either sideways, or you could go back by purchasing property. It will
cost you far less than an ugly looking brick building, that's far too big
for you. You have a beautiful building here, and have an architect lay
out an expansion, that you need, not over expand, but expansion that
you need, and that the whole thing will cost you a fraction of what that
other building, and what have you got, when you have that one? Local
businesses are having a hard time making a living, and staying in
business. There's a lot of closed stores, a lot of stores even for sale.
The Town `has never worked to look to bringing in new business. They
have not done a thing. They make it so difficult for businesses. I had
occasion a year or so ago, a local attorney told me of a situation where a
business wanted to come in, and employ a bunch of people, and they got
such a run around from the Town government, that they moved to
Brookhaven, and hired a .hundred people.
SUPERVISOR COCHRAN: We're working to change some of those things,
sir.
PHIL VANBOURGONDIEN: I hope so. That's fine. You continue to
raise fees. You add new fees. You make it difficult for anyone to stay in
business, or to open a business. We have a Code Enforcement Officer,
that in my opinion we don't need. There are homes for sale all over
Southold. There's over 350 homes. If anybody wants to develop, make a
development, it takes probably ten years to make the development, to get
the development going. I was privileged to be on the tax reduction
committee, appointed by the previous Board. I worked hard at it, along
with the other members, and we submitted our reports. I can say frankly
that I am very disappointed that I doubt that very many members of the
last Board, before yours, even read the reports. In a nutshell, what it
says is, the only way you are going to reduce taxes, or hold the line, is
down sizing. You have to down size government. The gentleman talked
about down sizing government. That's exactly right, and that applies to
our town, too. . If you don't, you're going to be in a big tax problem.
APRIL 2, 1996 309
You're going to have a lot of unhappy residents. The last thought I have
on my mind is this. Going back to the purchasing of the property
behind, or on the side, you might say, oh, the won't sell. Well, I have
news for you. There's a thing known as condemnation, and applies on the
State level, it applies on the County level, and unless I'm mistaken, the
Town can condemn property, also. It can be done, and you can take it,
as long as you take it at a fair price. I know what I'm talking about in
that, because I've been down that condemnation line myself, and I know
what it is about.
COUNCILWOMAN HUSSIE: I just have to say one thing. You mentioned
my name in relation to renting property. Right now, the District
Attorney's Office rents property in this building, so it's possible.
PHIL VANBOURGONDIEN: The District Attorney? Incidentally, one
other thing, I, too, became a snow bird for a few months, so I left right
after Christmas. (tape change. )
LARRY TUTHILL: Larry Tuthill, Cutchogue. I just want to say quickly
with regard to the police. If the Board, and the police,, feel that there
is a problem, then temporary police should hired until the Eric Heins
situation is resolved, and I, also, applaud those Town Board members who
are trying to maintain the integrity of the police force. I'm not saying
anything in the degradation of Mr. Heins. That's something that the
Civil Service hearing should hopefully adjust. But, if as people say, we
do have a problem here, I think it's incumbent on this Town Board to
work with the PBA, because I'm sure they also want to see us have
adequate police protection, and urge you to work with the PBA, so that
we have that police protection.
SUPERVISOR COCHRAN: Ronnie, the second time around? Go ahead,
very quickly
RONNIE WACKER: I just wanted to comment on Frank Flynn's
remarks. I know that his remarks, his so-called brief, tend to make our
eyes glaze over, and does drone on, but his research is meticulous, and
deserves careful scrutiny by the Board. Thank you.
SUPERVISOR COCHRAN: I think what is difficult is when someone is
reading at you. It's much, much easier to have the document, and read
it, and absorb it, and define it yourself, than when someone is reading to
you. So, we appreciate the copy, and we will be looking at it. Is there
anyone else who would like to address the Board? You would like to
address the Board, because I'd like to ask the Board members if they
have anything to report, or they would like to say.
JIM BITSES: Hats off to the gentleman for his very scholarly
recitation. He did a lot of work. Mr. Heins. . ) was a police attorney
for three years. Actually I was an Assistant District Attorney. I had
advantage, which gave me policeman's attorney rank, and I used to
present cases to the Grand Jury. The Grand Jury is a semi-secret
organization. The DA is asked to come in. He can not just walk into a
Grand Jury. He stands behind the Grand Jury, and they sit in chairs in
front of him, twenty-three people, a foreman at a desk in the front, a
witness chair, and the steno-typist. When they say, come in, Mr. District
Attorney, you come in, you present your case, you call your witnesses,
and then they have one function, and one function only. Either they bring
in an accusation, or they do not. Now, an indictment is only an
accusation, and nothing more. If it's an indictment, and they believe,
they have reasonable belief that a felony was committed. If a misdemeanor
was committed, they do not bring in an indictment, they make out a simple
form, pass it down to the compliant clerks, and the compliant clerks write
up a misdemeanor complaint. If they bring in no finding, meaning they're
not going to indict, it's not a misdemeanor, it's no crime at all, they
make another simple form, which goes into a dead file somewhere. All of
these are secret. You make a motion to examine the Grand Jury minutes.
You do not examine them. A Judge examines them for you following what
you asked to look for. Now, my friend Mr. Catterson came out with that
non-indictment. To Heins and the rest of them, it was not only a
non-document, it was a political document, and the mere fact that the
310 APRI L 2, 1996
Grand Jury did not bring ' any indictment for felony or a misdemeanor,
means that it didn't belong before a Grand Jury. It was junk, and should
have been thrown out. That, in fact, should have been District Attorney's
duty, as it was mine. When I saw that it was no case, I used to ask the
Grand Jury to make no finding. So, to be ruled by a document, that was
widely printed in the local press is very foolish in the extreme, and it
is dirty pool, and dirty politics. I don't know what Heins has done. I
don't know what the others ,have done, but I. was sitting in the office of
Tom Wickham one morning, whenever it was, and a call comes in from the
noted Mayor of the East End, and he's complaining that . things were
happening in Greenport, somebody was lifting off pocketbooks, and so on,
and he didn't know who it was. Tom hung up the telephone, and turned
to me, and like a fool I said, well, why don't you ask Chief Walden? He
knows who it is. Why don't you ask Heins? He knows who it is. One
of the functions of the police is to have some understanding, some
intelligence of what's going on in the subversive community we caTI crime,
and these men knew who was doing it, but they weren't being called upon
because they had been shoved aside for political reasons partly, for many
good reasons incidentally, but not for the specific police reasons of
incompetence, and not knowing who was doing what. This is what we pay
them for. I would ask you, in fact I can predict that the Civil Service
Commission will reinstate Heins. The thing is, Heins from what I've
heard on the street was an excellent officer, doing his job, and what can
I tell you beyond that. The others have spoken more eloquently than I
have. Thank you.
SUPERVISOR COCHRAN: There's nothing further from the audience. I
would like to ask if any Town Board members starting with Louisa,
anything to report? Alice? Joseph?
COUNCILMAN TOWNSEND: No, we've heard quite a bit.
COUNCILWOMAN OLIVA: You will probably mention it, too, that we had
a very nice visit from the Secretary of State Treadwell, and let Jean
bring you the good news, that he brought with him. , It was a delight to
see him, because he's really so much in favor of the Local Waterfront
Revitalization Program. We've made very good progress thanks to his
excellent staff, and we hope to be able to continue it, and finish the
project, sometime, hopefully within the year. I'll let Jean tell you what
he came down to say.
SUPERVISOR COCHRAN: William?
COUNCILMAN MOORE: No report. It's been a nice, long meeting.
SUPERVISOR COCHRAN: We were very happy that Secretary of State did
stop in to say, hello, and we called a few wineries, ran out, and fixed a
lovely basket of wine, and presented it to him, because we felt that he
drinks upstate wine all the time, it's about time he tasted some of our
downstate wine, which we feel is better. He was very pleased, but he did
inform us, that the check. is in the mail. Twenty thousand dollars to study
the Goldsmith Jetty problem up there, so we will have the money for that,
and see if we can solve that problem of erosion. Also, Superintendent
Ray Jacobs asked me to, please, ask you to be very patient with the
sweeping of the sand off the highways. He put down thousands and
thousands of yards of sand this winter with all the snow that we had, and
now it's time for the sweepers to take the sand off the highways. He can
not reuse it, so he said if any of you want it for fill,- he would be very
happy to oblige..
COUNCILWOMAN HUSSIE: I .do. I do.
SUPERVISOR COCHRAN: Then you call the Superintendent, please, but
he apologizes. Please be patient with him, that it's going to be a lot
longer this year, than it has been other years. Also, I would just like
to share with you, that we will be having Ruth Chapman from
Southwold, England, coming to visit us on April 16th, and the Town
Board, they don't know this yet, but we're looking to hold a small
reception here on one of the days, she won't be leaving until the 30th,
APRI L 2, 1996 311
so if anyone in the community would like to come, and meet a real live
person from Southwold, England, our sister community, you're be more
than welcome. We'll be getting more information out on that. That's
about all I have at this time to .share with you. I thank you for joining
us this evening, and thank you for your input.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board meeting be and hereby adjourned at
9:50 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.
/114,u�-,�ditl,-
. Terry
Southold Town Clerk