HomeMy WebLinkAboutTB-06/25/1996 41
SOUTHOLD TOWN BOARD
JUNE 25, 1996
WORK SESSION
Present: Supervisor Jean W. Cochran, 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. Absent:
Councilwoman Alice J . Hussie (out of the country) .
9 :05 A.M. - The Town Board met with Richard Principi Jr. , owner of North Fork
Resources Inc. , 8595 Cox Lane, Cutchogue, to discuss Mr. Principi's application for
a Salvage Center Permit. Mr. Principi explained that he plans to crush concrete
and natural sand-stone to develop products that could be sold and distributed on
the North Fork. The operation will consist mainly of material screening and
separations of gravel and sand from other job sites (i.e. New York City tunnels,
discarded concrete from road and sewer projects) . Mr. Principi said he is trying
to obtain permission from the Long Island Rail Road to use a siding in Southold to
bring the materials in and then truck them to Cutchogue. The Board agreed they
will seek additional information from the Planning Board, where Mr. Principi has an
application for site plan, and begin the SEQRA process at this time (resolutions 28
& 29) .
9 :40 A.M. - Andy Ruroede and Donald Sayre met with the Board to express their
dissatisfaction with the enactment of the Local Law in Relation to Fire Equipment
Access which eliminated the provision to keep the surface of the road free from
potholes, ruts or other defects. They also felt they did not have adequate
opportunity to express their objections prior- to the enactment of the law (although
every Board of Commissioners in the Town received notice of the public hearing) .
The Town Board explained that they were not happy about removing the pothole
section, but were informed it would be almost impossible to enforce. Therefore,
they did not want to hold up enacting the law which ensures that access is at least
fifteen feet in width, rather than up to fifteen feet in width. Mr. Ruroede will be
informed when the Code Committee sets a date to meet and relook at the pothole
question.
9 :50 A.M. - Norman Reilly, Jr. met with the Town Board to resubmit a long-time
request from the Southold Town Fire Chiefs Council for the Town to hire a full-time
Fire Marshal, who would have enforcement powers. Tire Town's current part-time
Fire Inspector does not have enforcement powers. Mr. Reilly also asked the Town
Board to address Emergency Medical Technician re-certification for Police Officers,
institute a Hazardous Materials Awareness course, and require the Hazardous
Materials placard on appropriate businesses buildings, and to institute a Blood Borne
Pathogen Awareness Program. The Board assured Mr. Reilly they would look at the
Fire Marshal question, and Supervisor Cochran said she would discuss the other
requests with Lieutenant Conway.
10: 15 A.M. - For discussion items : Town Board reviewed a proposal from Long
Island Lighting Company to amend the Street Light Attachment Agreement with
regard to missing street light fixtures when a pole line is moved for road
construction or otherwise replaced due to storms or vehicle accidents. After
consulting with Superintendent of Highways Jacobs, who advised he has no problems
with missing street lights when LI LCO has performed line service, the Board agreed
they would not support the offered amendment.-------Town Board placed a resolution
. ..b
442 JUNE 25, 1996
(30) on the agenda to appoint Shannon Reidy as a youth member of the CAC.----
Board reviewed the Fishers Island Harbor Management Plan submitted by the F. I .
Harbor Committee, and asked Town Attorney Dowd to review it, make appropriate
changes for it to conform to the Code and send it back to the Committee for their
perusal. After they are satisfied with the changes, it can be submitted to the Code
Committee for inclusion in the Town Code Book.----Board again discussed the offer
of dedication of property from the developer of''"-Angel Shores major subdivision,
Theodore Laoudis. (Councilman Moore excused himself from the discussion as Mr.
& Mrs. Laoudis are former clients. ) Councilwoman Oliva advised the Board that she
has spoken to the Land Preservation Committee, and they .would like to look at the
property, and if the Town accepts it, be permitted to develop a management plan.
Councilman Townsend said he had spoken to Chairman of the Board of Assessors
Scott Russ'ell,* who told him the .lots would receive a lower assessment amounting to
about $150.00 per year per lot if the property goes to . the Town. AT 2 :55 P.M.
Mr. Russell and Senior Planner Valerie Scopaz and Planner Melissa Spiro met with
the Board to discuss the proposal. Mr. Russell explained the assessment aspects
of open space against lots in a 'subdivision. The planners cautioned the Board about
accepting such an offer, as it will open the door to other developers. This matter
will be returned to the work session agenda on July 9th.
EXECUTIVE SESSION
11 :00 A.M. - On motion of Councilwoman Oliva, seconded by Supervisor Cochran,
it was Resolved that the Town Board enter into Executive Session to discuss Cross
Sound litigation with Special Counsel Frank Yakaboski: Vote of the Board: Ayes :
Supervisor Cochran, Councilman Townsend, Councilwoman Oliva, Justice Evans,
Councilman Moore. Also present: Town Clerk Terry, Town Attorney Dowd.
11 :50 A.M. - The Board continued in Executive Session to meet with Special Counsel
Michael Cahill to discuss the Grim v. Town of Southold and DEC v. Town of
Southold litigation.
12 :15 P.M. - Recess for lunch.
1 :30 P.M. - Work Session reconvened and the Town Board discussed Supervisor
Cochran's proposed resolution for a Two Million Dollar Farmland Preservation Bond
referendum at the November 5th General Election (resolution 31 ) .----Board placed
a resolution (32) on the agenda to appoint Lori Brett as an intern in the Justice
Court for . the summer season.----The last item for discussion was the updated
priority list for the acquisition of parcels which fit the criteria for the Suffolk
County Water Protection Preserve (resolution 33) .----Councilman Townsend
distributed a proposal for a Police Advisory Committee. Due to the fact Board
members had not had an opportunity to study the proposal, Supervisor Cochran
asked him to hold it for two weeks. It will be on the July 9th Work Session agenda.
EXECUTIVE SESSION
3 :35 P.M. On motion of Justice Evans, seconded by Councilwoman Oliva, it was
Resolved that the Town Board enter into Executive Session to discuss personnel -
hiring a Police Chief: Vote of the Board: Ayes : Supervisor Cochran, Councilman
Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. (Supervisor
Cochran excused herself from this discussion. )
4: 15 P.M. - Work Session adjourned.
443
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on June
25, 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
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
Absent: Councilwoman Alice J . Hussie (out of town)
SUPERVISOR COCHRAN: May have approval of the audit of the bills of
June 25, 1996? j
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $135,504.29; General Fund J
Part Town bills in the amount of $18,643.06; Community Development Fund
bills in the amount of $322.00; Highway Fund Whole Town bills in the
amount of $18,453. 14; Highway. Fund . Part Town bills in the amount of
$18,175.84; Ag Land Development Rights bills in the amount of
$292,144.00; Fishers Island Metal Dump Capital bills in the amount of
$46,897.00; Employee Health Benefit Plan bills in the amount of
$33,625.01; Fishers Island Ferry District bills in the amount of
$14,155.79; Refuse and Garbage District bills in the amount of $63,287.60;
Southold Wastewater District bills in the amount of $1, 193.60; Fishers
Island Sewer District bills in the amount of $196.54; Fishers Island Ferry
District Agency E Trust bills in the amount of $888.05.
Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Approval minutes of June 11, 19967
Moved by •Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the minutes of •the June 11, 1996, Town Board meeting
be and hereby are approved.
Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor- Cochran.
This resolution was duly ADOPTED.
Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 4:30 P.M. , Tuesday, July 9, _1996, at the Southold Town
Hall, Southold, New York.
Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: As you know we recently lost Ray Edwards, who
had served as a Town Board member, and Justice for Fishers Island for
many years, and I would ask that we do a moment of silence. I would like
to read a resolution.
WHEREAS, the Town Board has learned with deep sorrow of the death of
RAYMOND W. EDWARDS, JR., a former elected official of the Town of
Southold; and
WHEREAS, RAYMOND W. EDWARDS, JR. served the people of the
Town of Southold as TOWN JUSTICE from FISHERS ISLAND from
January 1, 1982 to December 31, 1993,and distinguished himself as a
dedicated, conscientious, and concerned public servant; and
• f
444 JUNE 25, 1996
WHEREAS, RAYMOND W. EDWARDS, JR.'s record .of outstanding public
service, diligence to duty and dedication to the Town of Southold and its
people deserves the sincere gratitude of those with whom and for whom he
served; and
WHEREAS, RAYMOND W. EDWARDS, JR. exemplified the qualities of
leadership and dedication, and was an individual of great integrity, who
was. esteemed by his associates and respected by all; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby
expresses its great loss in the passing of RAYMOND W. EDWARDS, JR.
by dedicating this Town Board meeting of June 25, .1996. to his memory.
1 . REPORTS.
SUPERVISOR COCHRAN: Those of you who have picked .up an agenda in
the front hallway, if not there are some out there. . They list first the
reports, that are presented to the Town Board each, month. If there is
any that you are interested in, please feel free to ..get copies from the
Town Clerk's Office.
1 . Southold Animal Shelter Monthly Report for May, 1996.
2. Southold Town Justice Price's Monthly Court.,Report for May, 1996.
3. Southold Town Justice Bruer's Monthly Court Report for May,
1996.
4. Southold Town Justice Evans' Monthly Court Report for May, 1996.
5. Southold Town Police Department Monthly Report for May, 1996.
II . PUBLIC NOTICES.
1 . U .S. Army Corp of. Engineers, New York District, application of
John Lynch to dredge and excavate with upland disposal and construct a
bulkhead at a dug canal off Shelter Island Sound'. Comments to be
received by July 13, 1996.
III . COMMUNICATIONS.
1 . Stanley C. Rubin expressing thanks for Supervisor Cochran aid
in getting a sign erected.
2. Bruce and Katherine Walter, Tim and Vicky -Kirkup in support
of the Tank Museum.
3. Alexander F. Treadwell, Secretary of State in regard to the
activities of the Department.
4. Ruth B. Perham thanking Supervisor Cochran -for her support
of the senior citizens.
5. Bessie E. Swann, Executive Director of the North Fork
Housing Alliance thanking Supervisor Cochran for her participation in
their Housing and Community Partnership Week celebration.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: We do not have any public hearing this evening,
so we will go right into resolutions. As you know the Town Board has a
policy that this is the time you speak to any of the resolutions on the
agenda. If you have something else you would like to discuss with the
Town Board there will be time at the end of business to make your
comments to the Board. So, at this time, is there anyone that would like
to speak to any of the resolutions on the agenda? (No response. )
Hearing none, we will continue with the passing of the resolutions.
1 .- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the To Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an
agreement between the Town and Recreation Instructor Tom Fox (Cartoon
Drawing), for the Summer 1996 Program, at a fee of $211 .00 per class.
1 -- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor- Cochran.
This resolution was duly ADOPTED.
JUNE 25, 1996 445
2.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Cutchogue Fire Department to use Moore's Lane,
Alvah's Lane and New Suffolk Road for staging and parade route for
their Saturday, July 20, 1996, 29th Annual Parade and Drill (rain date:
Sunday, July 21, 1996, 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 an additional insured.
2.-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
3.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
accepts, with regret, the resignation of Linda B. Scholl, Data Entry
Clerk for the Southold Town Police Department, effective June 21, 1996.
3.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
4.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
rescinds the appointments of Amy Finno and Georgeann Koch as 1996
Lifeguards (resolution no. 18, adopted June 11, 1996) whereas they both
declined the position.
4•-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend,. Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modification tot he General Fund Whole Town 1996
Budget to appropriate funds for office supplies for the Tax Receiver's
Office:
To:
A1330.4. 100. 100 Tax Collection, Contractual Expenses $ 1,810.99
Office Supplies/Stationery
From:
A1330. 1 .300. 100 Tax Collection, Personal Services $ 1,810.99
Seasonal/Tempor-ary Earnings
5•-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
6.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the resignation of Jacob Paul Scheiner, Gate Attendant at the Disposal
Area, effective June 18, 1996.
6.-Vote of Town ' Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
7.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following 1996 Budget modification to the General Fund
Whole Town to appropriate donated funds for the Tree Committee:
To:
Revenues:
A2705.30 Gifts & Donations, Tree Committee $ 2,000.00
Appropriations:
A8560.4.400.200 Trees and Tree Maintenance $ 2,000.00
7 .-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
446 JUNE 25, 1996
8.-Moved by Councilman Townsend, 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 American's Town Meeting, to be .held in Washington,
D.C., on September 4-6, 1996, and the necessary expenses for
registration, travel, meals and lodging shall be a legal expense to the
1996 Budget.
8.-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
9.-Moved; by. Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modification to the General Fund Whole Town 1996
Budget to provide monies for the payment due to the East Marion Cemetery
Association for 1995 maintenance for the American Legion plot:
To:
A.8810.4.400.200 Cemeteries, Contractual Expenses $ 6.00
Legion Plot Maintenance
From:
A. 1990.4. 100. 100 Contingencies $ 6.00
Unallocated Contingencies
9.-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
10.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise. for part-time Gate
Attendants for the Disposal Area, 20 hours per week, at a salary of $6.96
per hour.
10 .-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva,, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
II .-Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the resignation of Timothy Collisn, AICP Environmental Consultant to
the Board of Town Trustees, effective May 6, 1996.
IT --Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor .Cochran.
This resolution was duly ADOPTED.
12 .- Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of :Southold hereby
appoints the following 1996 Lifeguard and Beach Attendants, effective June
22, 1996:
LIFEGUARDS
Vanessa Lara (2nd year) . . . . . . . . . . . . . I . . . . . .$7.69/hour
BEACH ATTENDANTS
Tara Quane (1st year) . . . . . . . . . . . . . . . . . . . . . .$5.83/hour
Cynthia Girards (1st year) . . . . . . . . . . . . . . . . .$5.83/hour
12.- Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
13 .- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED. that the Town Board of the Town of Southold hereby
rescinds the appointment of Richard Smidt as a _ Beach Attendant for the
1996 summer season (resolution no. 18 of June 11i, 1996), whereas Mr.
Scmidt has declined the position.
13.- Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
JUNE 25, 1996 447
14.-Moved Justice Evans, seconded by Councilwornan Oliva,
A regular_ meeting of the Town
Board of the Town of Southold,
i in the County of Suffolk, New
York, was held at the Town
Hall , in said '.Town, on the
7.5th day of June, ].996 .
PRESENT:
Hqn. . Jean W. Cochran, Supervisor
William Moore, Councilperson
Louisa Evans, Councilperson
Ruth Oliva, Councilperson
Joseph Townsend, Councilperson
In the Matter
of the
Acquisition of Equipment for the Southold
Solid Waste Management District, in the Town
of Southold, in the County of Suffolk, New
York, pursuant to Section 202-b of the '.I'own
Law.
RESOLUTION AND
ORDER AFTER PUBLTC
HEARING
WHEREAS, the Town Board of the 'Town of: Southold (herein
called "Town Board" and "Town" , respectively) in the County of
Suffolk, New York, on behalf of Southold Solid Waste Management
District, in the Town (herein called "District " ) , has requested
the acquisition of certain equipment , consisting of a trommel
screen and a leaf shredder. , for the District , to increase and
improve its facilities, at the estimated cost. of $300 , 000 ; and
WHEREAS, pursuant to the Order Calling Public Hearing
To Be Held On June 11 , 1996 , adopted May 14 , 1.996 , a public
hearing was duly held by the Town Board on the .11th day of June,
1996 at 5 : 00 o' clock P.M. (Prevailing Time) at the Town Mall ,
Southold, New York, in the Town, and considerable discussion on
the matter has been had and all persons desiring to be heard have
been heard, including those in .favor of and those in opposition
to said acquisition of such equipment f:or the Southold Solid
Waste Management District ; and
448 JUNE 25, 1996
WHEREAS, the Town Board has given due consideration to
the impact that the acquisition of equi.pmen.t for the District may
have on the environment and on the basis of such consideration,
the Town Board has found that no substantial. adverse
environmental impact will. be caused Hi ereby; arld
WHEREAS, the Town Board and the Town have complied in
every respect with all applicable federal , state and local laws
and regulations regarding errvironment:al. matters including
compliance with the New Yorlc State Erivi.ronrrlenLal Quality Review
Act , comprising Article 8 of the Environmental Conservation Law
and, in connection therewith, a duly executed Short Environmental
Assessment Form has been filed in the office- of the Town Clerk;
NOW, THEREFORE, on the basis of the information given
at such hearing, it is hereby
DETERMINED, that it is in Lhe public interest to
acquire the equipment ..f:or_ the District as herei.nabove described
and referred to at the estimated total. cost: of not to exceed
$300 , 000 ; and it is hereby
ORDERED, that the facilities of the District shall be
so increased and improved and that such equipment shall. be
acquired and, further, that the Engineer heretofore retained by
the Town Board shall prepare plans and specifications and make
careful estimates of the expense of said :i..nc.r_ease and improvement
of the facilities and with the assistance of ' the 'Town Attorney,
prepare a proposed contract or contra- cLs for. ' the Acquisition of
such equipment , which plans and specifications , estimate_ and
proposed contract shall be presented Ln the 'Down Board as soon as
possible; and it is hereby
FURTHER ORDERED, that the expense of increasing and
improving such facilities by said acqui.si_t--i_o►.r of equipment shall
be financed by the issuance of nat to exceed $300 , 000 serial
bonds of the Town, and the costs thereof , including payment of
principal of and interest on said bonds , shall be paid by the
assessment , levy and collection of speci.a.l_ assessments upon the
JUNE 25, 1996 449
several lots and parcels of land within the District which the
Town Board shall determine and specify to be especially benefited
thereby, so much upon and from each as shall be in just
proportion to the amount of benefit conferred upon the same , to
pay the principal of and interest on said bonds .is the same shall
become due and payable; and it -is hereby
I . FURTHER ORDERED, that the Town Clerk record a certified
copy of this Resolution and order After Public Hearing in the
office of the Clerk of Suffolk County within ten (10) days after
adoption hereof .
14.-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
15.-Moved by Justice Evans, seconded by Councilwoman Oliva,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED JUNE 25, 1-996 , AUTHORIZING THE ACQUISITION
OF EQUIPMENT FOR THE SOUTHOLD SO1,11.) WASTE
MANAGEMENT DISTRICT, IN SA.TD TOWN, SIWPING THE
ESTIMATED TOTAL COST 'HEREOF, INCLUDING
PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND
TO THE FINANCING THEREOF IN ']']IE AMOUNT OF $10 , 000 ,
IS $300, 000 ; APPROPRIATING SAID AMOUNT THEREFOR;
AND AUTHORIZING THE ISSUANCE OF $300 , 000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION .
Recital
WHEREAS, the T(--)wn Board of the TOw" of Southold (herein
called the "Town" ) acting on behalf of thF� SOI-Itl-101-d Solid waste
Management District (herein called the "District" ) , -in the Town,
County of Suffolk, New York, has heretofore determined to
increase and improve the facilities of tile District by the
acquisition of the certain equipment hei--einafter described and,
after a public hearing duly called and held, said Town Board has
determined, pursuant to the Resolution and Order After Public
Hearing duly adopted on this date, that. it. is in the public
interest to so increase and improve the facilities of the
District and ordered the acquisition of such equipment ;
Now, therefore, be it
450 JUNE 25, 1996
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not-
less than two-thirds of all the members of said Board) AS
FOLLOWS :
Section 1 . The Town hereby appr.opr. iates the amount of
$300 , 000 for the acquisition of (a) a t.rommel screen, at the
estimated maximum cost of $115 , 000 and (b) a leaf shredder, at
the estimated maximum cost of: $3.75 , 000 , for t�se iii and by the
District . The estimated total. cost of said specific object or
purpose, including preliminary costs and costs incidental thereto
and to the financing thereof in the amount of $1.0 , 000 , is
$300, 000 and the said amount is hereby appropriated therefor. .
The plan of financing includes the issuance of $300 , 000 serial
bonds of the Town to finance said appropriati.oii and the
assessment , levy and collection of special assessments upon the
several lots and parcels of land within the District whtch the
Town Board shall determine and specify to be especially benefited
thereby, so much upon and from each as shall. be in just
proportion to the amount of benefit conferred upon the same , to
pay the principal of and interest on said bonds as the same shall.
become due and payable .
Section 2 . Serial bonds of: the 'Town are hereby
authorized to be issued in the principal amot.uit of-' $300 , 000
pursuant to the provisions of the Local. Finance Law, constituting
Chapter 33 -a of the Consolidated Laws of the State. of New York
(herein called "Law" ) , to finance said appropriation.
Section 3 . The foll.ow:i.ng addit-.ional matters are hereby
determined and declared:
(a) The period of probable usefulness of each item of
the specific object or purpose for wh-ich said $300 , 000 serial
bonds are authorized to be issued, within the limitations of
Section 11 . 00 a . 28 '. of the Law, is fifteen (15) years . .
JUNE 25, 1996 451
(b) The proceeds of the bonds herein authorized arid any
bond anticipation notes issued in anticipation of said bonds may
be applied to reimburse the Town for expenditures made after the
effective date of this resolution for- the purpose for which said
bonds are authorized. The foregoing sl_-atement of intent with
respect to reimbursement is made in collfn lit.y with T -e as I I ry
Regulation Section 1 . 150-2 of the United States Treasury
Department .
(c) The Town Board, acting in the role of Lead Agency,
has determined and found that-. pursuant t:(- a
the applicable
provisions of the State Environmental QIia.l.iLy Review Act
( "SEQRAII ) no substantial adverse environmental impact will. be
caused by the acquisition of such equipment .
Section 4 . Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of said bonds shall contain the recital. of validity prescribed by
Section 52 . 00 of the Law and said bonds , and any notes issued in
anticipation said bonds , shall be general oI-_)Iiqati.ons of the
Town, payable as to both principal and interest by a general tax
upon all the ' taxable real property within the Town without
limitation as to rate or amount . The faith and credit of the
Town are hereby irrevocably pledgedto the punctual payment of
the principal of and interest on said bonds and any notes issued
in anticipation of the sale of said bonds and provision shall be
made annually in the budget of tire 'Town by appropriation for (a)
the amortization and redemption of the bonds and any notes issued
in anticipation thereof to mature in such year. and (b) the
payment of interest to be due and payable in such year .
Section S . Subject to the provisions of this
resolution and of the Law and pursuant t--o the provisions of
Section 21 . 00 relative to the authorization of the issuance of
bonds having substantially level or declining annual debt'
service, Section 30 . 00 relative to the authorization of the
issuance of bond anticipation notes , and, Section 50 . 00 and
Sections 56 . 00 to 60 . 00 of the Law, the powers and duties -of the
,452 JUNE 25, 1996
Town Board relative to authorizing bond anticipation notes and
prescribing their terms, form and contents and as to the sale and
issuance of they bonds herein authorized., and any other bonds
hereLofore or hereafter authori.zed, and of any bond anticipation
notes issued in anticipation of said bonds , and the renewals of
said bond anticipation notes , al.e herehy delegated to the
Supervisor, the chief fiscal officer of the Town .
Section 6 . 'The validity of: the bonds authorized by
this resolution, and of any notes issued in anticipation of said
bonds, may be contested only if :
(a) such obligations are authorized for all object or
purpose for which the Town is not: author-ized to expend
money, or
(b) the provisions of law which should be complied with
at the date of the` publication of: such re,:solut:ion are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
(c) such obligations are authorized in violation of the
provisions of` the constitution .
Section 7 . This resolution sha11 take effect
immediately.
15.-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
16.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1 . The Town Cleric is hereby directed . .to publish the
foregoing bond resolution, in full, in "THE -LONG ISLAND
TRAVELER-WATCHMAN," a newspaper published in Southold, New York,
and having a general circulation in said Town, which newspaper is hereby
designated as the official newspaper of the Town for such publication,
together with the Town Clerk's statutory notice in the form prescribed by
Section 81 .00 of the Local Finance Law of the State of. New York.
Section 2. This resolution shall take effect immediately.
16.-Vote of Town Board: .Ayes: COUI-10111ar"1 Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
17.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
modified the 1996 Budget- as follows to provide the additional funding
required for the excavation of the Fishers Island Metal Dump (costs
aggregating $313,.811 .00 have been incurred to date, with several thousand
more expected; the bond issued through New York State Environmental
Facilities Corp. is $300,000.00, therefore about $17,000.00 is needed from
operating funds) :
i
JUNE 25, 1996 453
��grald Whole�'owu
�2
A.9901.9.000.100 Transfers to Other Funds
"Transfer to FT Nletal Dump Capital Fund S 17,000.00
r
Lr_orn.
A.1990.4.100, 100 Contingent
Unallocated Contingencies S 17,000.00
ishenldans aNftto Omni u
Revenues:
H8.5031.00 Transfers from Other Funds
Transfer from General Fund Whole "Town S 17,000.00
f���riatiorts:
H8.8160.2 Refuse & Garbage, Capital Outlay
FT Metal Dump Remediation S 17,000.00
17 .- Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Sul:)ervisor Cochran.
This resolution was duly ADOPTED.
18.- Moved by Councilwoman Oliva, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town Board of the Southold
hereby appoints Mina Taylor as a Lifeguard (1st year) for the 1996
Summer Season, effective June 22, 1996, at a salary of $7.42 per hour.
18.- Vote of Town Board: Ayes: councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
19.- Moved by Councilman Townsend, seconded by Councilman Moore, it was
RESOLVED that the :Supervisor is authorized to sign a license agreement
with Lawyers, Cooperative Publishing for use of LAWDESK CD-ROM
products.
19 .- Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
20.- Moved by Justice Evans, seconded by Councilwoman Olvia, it was
RESOLVED that the Town Board of the Town of Southold hereby
rescinds resolution no. 8, adopted on June 11, 1996, engaging the
services of Marion R. King to conduct two appraisals.
20 .- Vote of Town Board: Ayes: councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
21 .-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the -Town of Southold hereby engages
the services of Andrew D. Stype, Certified Real Estate Appraiser, to
conduct appraisals, for a total fee of $250.00, of the following
properties,, for possible purchase with open space funds:
SCTM41000-45-1-10, 8 acres, corner of Route 25 and Chapel Lane,
Greenport; and SCTM#1000-53-1-11, 6.50 acres, corner of Route 25 and
Pipes Neck Road, Greenport.
21 .-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor- Cochran.
This resolution was duly ADOPTED.
22.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Board of Commissioners of the Fishers Island Ferry District
to engage the services of an additional part-time Deckhand, Joseph J .
Sullivan, effective immediately, at a salary of $5.75 per hour.
22.-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
454 JUNE 25, 1996
23.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the closing of Topsail Lane and Leeward Drive, Southold, on
July 21, 1996, between the hours of 1 :00 P.M. and 9:00 P.M. for the
2nd Annual Neighborhood Block Party, provided they file with the Town
Clerk a One Million Dollar Certificate of Liability Insurance naming the
Town of Southold as an additional insured.
23.-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,.
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
24.-Moved by Councilwoman Oliva, 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 a
full-time, seasonal (July through August 31) Clerk Typist for the Police
Department, 37 hours per .week, at a salary of $6.82 per hour.
24.-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
25.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes a refund of $28.00 to Darrin E. Skrezec, which sum
represents eight unused 1 cubic yard sand tickets, which sold for $3.50
each.
25 .-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
26.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby goes on
record in support of the Long Island Pine Barrens Society's proposed
"Initiative & Referendum" to the -extent that it would require future use
of Suffolk County pine Barrens Reserve Fund under the "Clean Drinking
Water Protection Program: to be used exclusively for land acquisition
either in the Pine Barrens or in the Water Protection Preserve.
26 .-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor- Cochran.
This resolution, was duly ADOPTED.
27.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modifications to the 1996 Southold Waste
Management District budget:
To:
SR. 1490.1 . 100.200 Administration, Overtime Earnings $ 1,488.69
From-
SR. 1490. 1 100. 100 Administration, Regular Earnings $ 1,000.00
SR. 1490. 1 .200. 100 488.69
To pay ;for occasional necessary overtime work.
To:
SR.8160.2. 100.500 Computer Furniture $ 1,000.00
From:
SR.8160.2.100.400 Carpet $ 1,000.00
To cover costs for office computer desk. . No carpet purchase
is expected this year.
To:
SR.8160.11. 100.585 "E-Z Pass" Account $ 1,500.00
From:
SR.8160.2.500.300 Traffic Control Devices $ 1,500.00
To fund "E-Z" Pass" Account, which will save the Town 200
on Truck Tolls, and conserve Petty Cash Funds, which had
been for this purpose.
27.- Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
JUNE 25, 1996 455
28.- Moved by Councilwoman Oliva, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby
commences the Lead Agency Coordination Process with regard to the State
Environmental Quality Review Act in the matter of the petition of North
Fork Resources Inc. for a Salvage Center Permit at 8595 Cox Lane,
Cutchogue, New York.
28.-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
29.--Moved by Councilman Townsend, seconded . by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Charles J . Voorhis & Associates, Inc. , at a cost not to
exceed $500.00, to review the Long Environmental Assessment Form with
respect to the application of North Fork Resources Inc. for a Salvage
Center Permit at 8595 Cox Lane, Cutchogue, N .Y. ; said review to include
applicant's Part I, prepare a Part II and III, draft a proposed
declaration, including a field inspection; the cost of said review to be
paid by North Fork Resources Inc. prior to the commencement of the
review.
29.-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
30.-Moved by Councilman Moore, seconded by Justice Evans, it as
RESOLVED that the Town Board of the Town of Southold hereby
appoints Shannon Reidy as a youth member (between 16 and 21 years
of age) of the Conservation Advisory Council, for a two (2) year term,
effective June 26, 1996 through June 18, 1998.
30 .-Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
31 .- Moved by Supervisor Cochran, seconded by Councilman Moore,
WHEREAS, funds from the 19911 Farmland Preservation Bond have all
been committed; and
WHEREAS, preservation of farmland in the Town of Southold is vital to
the economy of this township through the preservation of farming and
unique character of the Town; now, therefore, be it
RESOLVED that the Town Board hereby goes on record in support of
placing a referendum on the November 5, 1996 General Election ballot for
farmland preservation bond in the amount of two million dollars; and be it
FURTHER RESOLVED that the Town Board hereby authorizes bond
counsel to prepare the required legal documents to accomplish this task.
31 .- Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
32 .- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town. Board of the Town of Southold hereby
appoints Lori Brett as an intern in the Justice Court office,
effective immediately through the summer season (120 hours), she to work
without pay.
32.- Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
33.- Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
and updates resolution no. 23, adopted on February 22, 1996,
recommending acquisition of land and pledging use of funds received under
the Suffolk County Drinking Water Protection Program, by submitting to
the County of Suffolk the following updated list of parcels which fit the
criteria:
-r�*���� . JUNE 25 1996
Site Reputed t d Owner Acrenqe
-------- -- -
|0OV-l]1-4-9l ]nse|)h mncn,i ] \ �nps
\O00-|ZS-i- |V Nn[o Assnd;3tes 63 nc,ep
/1000-125-1-6 . 1 / Cecil Young 27 ac,,t,
[Wi | | A ( wicz / | - npp
|V00-1] |-S-x � \ c �ne / oo/o
1000-121-11-8. 2 Barbara KvjnWs|d/YV|Uinm Ri/sch v a,rps
)OV0- 121-11-8.] Barbmra Kujnwski , o � 77 nc,es
1OV0-121-11-8 . 11 yWnri|yn �a{z 11 . 7) nnp�
|V0O-\]l-9-\ . 9 ||pnry R, /* 2 /9x� `
COUNCILWOMAN QL|VA: These are all parcels surrnund|ng. Laure| Lake.
33.-Voto of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
34'-Moved by Justice Evans, seconded by Councilwoman OUvR, it was
RESOLVED that the Town Board of the Town of Southold hereby
discontinues the issuance of refunds for unused snnJ tickets, effective
June 25' 1996.
34'-Vnba of Town Board: Ayes: CouncOrnm` Moore, Justice Evans,
ffo-
cU /mn Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
. .
SUPER\/|S'OR COCHR/\N : We ]uet wonder where he found the old tickets.
n case there our there,They were dated 1987, so just ere are anyn)nre n ' no
more refunds. We haven't sold sand |n quite m few years.
35 .-Mov /d by Councilm-an Townsend, seconded by C 'uncUwnman (}Uvm' ;t
was a
RE-- LVEK that -the Town Bnard of the Town of Southold hereby grants
permission to ' the Nev Suffolk Civic Association . to hold m small Independence Day parade n Old Harbor Road, New Suffolk Road, Fifth
Street, and Main Street, New 5ufyn|h, nn July /|' 1996, at 11 -00 A.M. ,
provided they file with the Town Clerk a One M||||nn Dollar Certificate of
Liability Insurance naming the Town of Southold as all additional insured.
35'- Vote of Town Board: Ayes: Councilman K8onrn, - Justice Evans,
COLIncilwoIllan Oliva, Councilman Townsend, Super-visor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHR/\N: Thai completes action on the resolutions. At this
e
timene the Town Board entertains con from rnon the audience, so if there is
anyone who would like to --address the Town Board this evening, please,
feel free to take the nn7ke. , Yes, sir? .
`
NICK K8/\RTINSEN/ My name is Nick K8arUnyen, 1550 Bailey Beach
Flood, K0mtt|tuch . I've been m summer resident here for eighteen years .
We have a problem. | was, here before the Town nnnr6 before. None of
you had been nn the Town Board at tiletime | was here. The last time |
was here tile Supervisor was Mr. Harris. | /uyL came out to look at
My
property, and I go down to the water, and the barrier fence is half down,
and there are vehicles going out on {he beach. They ,are going out oil tile
Town side, and oil the N1attYtuck Park District. First. | inquired, since a
contractor is putting in a bulkhead, and is using the: Tnvvn road to get in
--m barrier,, tile barrier there, they bnnk it down, does the Town have m
'-�rnnit7 Do they ask for a bond? Do they ask for enyth|ng7 I'm just
asking. The road barrier to the beach, they take it down. The guard rail
| �h
comes down. Because of the we'vestorms �nJ e people on {he eastern
' side of QeUmy Beach Road have put in two bulkheads. Now, the
contractor, last year | know,, went down there and |e"FL the barrier open,
and myself, and my neighbor, put the barrier up, `mnd bolted the barrier
back into place. | come out this year, the barriers down' and | see
vehicles nn the beach' Now, the vehicles . .you havenoth|ng to do with the
park district's property, but you do have something with the beach east
of Bailey Beach Road. The signs are down. There's no parking there
`
JUNE 25, 1996
of Bailey Beach Road. The signs are down. There's no parkip there
from eight to six in the morning, and you need a permit. The Town put a
refuse barrel there for people who use the beach. There's these kids,
they come down with cars, and they ram the barrels, and they bend the
barrels, or they're bending the barrier fence there. They're taking down
the signs, because the Police Department don't really do anything for us.
They come down, chase them away. There is a sign there, that says, no
parking with a permit from the Town of Southold. The Police Department
should issue the summons, because when it hurts in the pocket they won't
be doing it. So we're asking for a tighter police department, better
police control. The Police Chief was a very nice guy, who retired, but
when I spoke to him personally about it his answer was, there's always a
problem down at Bailie Beach Road. Now, for eighteen summers,
seventeen summers, we down at the Bailie Beach Association down there
have to live with this. Now, when I was here before the Town Board the
last time, I made a survey, and this was at the end of August from 9:00
P.M. to 12:00 at night, from Sunday to Saturday, and there was 850 cars
passed my house, or passed to get down to the beach. No one was ever
down to issue any summons down there to these people. They played
their radios. They throw bottles around, and nothing is done. Now, the
Police Department, you call and ask to speak to the Chief, he never
returns the call, so I'm hoping when you get a new Police Chief that he'll
listen to the public here. So, I'm asking you, we'd like to nip it in the
bud right now. We've lived with it for seventeen years. Now, the homes
down there were summer bungalows at one time. I put forty some odd
thousand dollars into this home. My neighbor put $110,000. My other
neighbor to the north put $35,000. The one north of him put $35,000.
The one south of me put in $20,000, and the second house on the right,
he put in $40,000, so they are not summer bungalows. They're full time
houses, and most of them are winterized. It just that we don't use them in
the winter, but we can live out here if we please. So, I'm asking you,
please, give us some relief down there. Install more signs. The kids,
called them, but they're grown up, they have drivers license. You put the
signs up, and they take them out. You know why? The Town does not
put them in cement. They put them in the sand. They hit it with a
vehicle, take it out:, and they throw it in the weeds. That's how they do
it, so we're asking for police protection down there, and we're asking to
have the barrier fence. But, I want to inquire, does the contractor- have a
right to go in to the beach? Does he have to get permission from the
Town Board, or what?
COUNCILMAN MOORE: You've got a good point there, as far as when a
contractor gets a permit to put a bulkhead on.
NICK MARTINSEN: You don't issue the permits, I don't think.
COUNCILMAN MOORE: Not this Board, the Trustees do. It wouldn't be
unreasonable if you are gaining access to take a barrier- down, but be
sure you put it back up.
NICK MARTINSEN: Does the Town have a bond, that they must put
up, to get permission from the Town? But, I think that there should be a
bond put up for some fee attached to it, that forces them to come back,
and put the barrier back up again.
COUNCILMAN MOORE: Good idea.
NICK NARTINSEN: Thank you very much.
SUPERVISOR COCHRAN: Sir, are you quite certain the barrier was taken
down by a contractor? Because the kids are doing this also. Those four
wheel drive, they're coming all the way from Riverhead down.
NICK MARTINSEN: This is east of the inlet.
SUPERVISOR COCHRAN: You've got more that come, and they end on the
park district down at. .
NICK MARTINSEN : The one on the west of the inlet.
458 JUNE 25, 1996
SUPERVISOR COCHRAN: We're having a distinct problem there. The
Cutchogue Park District found several years, that they had expensive
damage done to some of their property, and what they did was offer a
reward, and according to Ray Jacobs and others, that is the only thing
that has worked as far as some of the vandalism that is done by young
people at the beaches. So, we are very shortly going to be having a
meeting. The school approached me first, and said that they would like to
meet, because not only is there the graffiti, but .there is the vandalism
at all the road ends, and at our beaches also. So, we're going to be
looking at different methods. There are some that are the committee that
feel that some surveillance cameras can be used in the worse places, and
they feel that they can get them donated. We would like to look at a
reward for vandalism. As far as I'm concerned, as Supervisor, I feel that
when any of these young people are caught they will be prosecuted.
There's a lot of community work that we need done. It's not the best
thing in the world to be embarrassed in front of your peers by having to
do menial jobs, but we're going to become a little stronger. I support
young people, but when they're wrong, they're wrong. When they're
right, they're right. In this instance they are wrong. They are riding the
beaches. They are doing graffiti, that has to be painted time and time
again, because it's filthy language all winter long, -and the vandalism, so
we're going to try and tighten up on this. Meanwhile I will call
Lieutenant Conway, and see if we can get some additional police patrols
up at the end of Bailey's. I will speak with the Superintendent of
Highways, and 'see if there is a better way that we can put the signs into
the area, and they run over all the barrels in town. I don't know what
damage it does to the cars, but it is senseless. It really is senseless.
When I was going to dinner this evening the Governor was signing a bill
on the No Tolerance Drinking under 21, so I think you are going to see a
lot of young people in difficulty, because 2 beers, and they will register
on the breatholator, and they will beDWl . So, hopefully, that's a
deterrent to some of the drinking.
NICK MARTINSEN : Let me ask you. I heard a comment from the
public here. Does the Town have a rule that no vehicles are allowed on
dunes? Is there a dune law here?
SUPERVISOR COCHRAN: Isn't there something in the ordinance, that
says no dune buggies, and so forth can ride on ,the beaches? They are
breaking clown the dunes.
NICK MARTINSEN : It's a short beach now. Every storm takes away a
lot of sand. I'm also asking that the signs be restored that no dogs
allowed on the beach. Usually I call the Highway Department, and they
say, it's the summer people. Let me tell you something. It's not the
summer people. It's your local resident, you call him a local yokel.
That's who it is. Thank you very much.
SUPERVISOR COCHRAN : ; Thank you, sir. Yes?
JOHN WRIGHT: My name is John Wright. I'm acting president of the
North Fork Environmental Council. I'm glad. you brought up the problem
with the dunes, because the dune buggies do tend to break down, not
only the dunes, but the nesting area for wildlife. I do ,want to commend
the Board on two of the resolutions, that were passed, one on the pine
barrens, which is really a good move, and also on the farm preservation
bond issue. I do want to make some comments on behalf of the North .
Fork Environmental Council, however, on expressing concern over the
problem that has been prevalent in the Town of Southold. That is the lack
of enforcement of the Town Code. We've become aware of several cases in
which an individual or a company operating in the town has not complied
with the law, but has suffered no consequences .as of yet. As a result the
health of our environment is being threatened. As an example, I would
first like to point out the Cross Sound Ferry -Company has begun
alterations to it's Orient Point facilities in order 'to create a 350 car
parking lot. The company is not allowed to do 'this without receiving
formal site plan approval from the Planning Board. Cross Sound has not
even submitted an acceptable site plan, but the ground has already been
leveled for a new Orient Point parking lot, which will accommodate high
speed ferry passengers to Foxwood Casino. We've yet to determine what
kind of an environmental stress this project will . place on the waterfront,
JUNE 25, 1996 4
or the surrounding groundwater, or the two lane country road, which will
bear the brunt of a massive increase of through traffic. Now, why has the
Town turned the other way, while Cross Sound proceeds with totally
unauthorized plans, and not just. recently but for a last several years.
Another example of zero enforcement came to our attention a couple of
weeks ago, when a group of citizens from Broadwaters Cove appeared
before the Planning Board, and they complained that a neighbor had
quickly turned a small residential type marina into a full scale marina
operation, which is changing the entire character of the cove. Again, no
site plan was submitted by the owner of the marina for the boat storage,
but has proceeded with the plans ,at will. The Town has brought him into
court for non-compliance, but the damage has already been done. It's a
little bit more of too little, too late. A third example would be the
situation. at an establishment in Creenport called Club Wave. Last year
the owner illegally rented jet skies for the use on the premises, and
suffered no consequences. This year he is expanding his facilities without
site plan approval. The Town Attorney claims that the town would like to
bring him into court on these violations, because he lives in Queens he
can not be served with papers, and we wonder if the town is really
serious about it's enforcement efforts, or is this a way of just making it
a little bit easier to back down in the face of a violations, and hope no
one will notice. The fourth one has come to mind fairer recently,
although it has been brought up over a period of time and that is
Cuccina restaurant on the North Road. Apparently he is going to have a
food stand in his parking lot. As far as I'm concerned, that's a
violation of the drive-in laws. At the North ` Fork Environmental Council
we've been involved in another issue, and we all remember it. It's called
MacDonalds problem,. The town violated it's own laws, and brought a
lawsuit but our case was thrown out on a technical grounds. We
understand that you've made an attempt to address these types of
problems by hiring someone responsible for enforcing the Code, but to our
knowledge the individual merely reports the violations, and nothing, or
little is done with them. We would like to ask the members of the Town
Board, what is the point of having a Town Code, if businesses and
residents are not required to follow it. We ask that you make a concerted
effort to end what ,has become a casual approach to law enforcement in the
Town of Southold, and our safety, and our quality to life are at risk.
Just to highlight the seriousness of this issue, please, consider this. On
May 6th of this year the FAA found over 100 problems in the operation
of Valuejet Airlines, and did nothing, and five days later 110 people
were dead. Ironically FAA inspectors in the field had recommended that
Valuejet certification be reevaluated, an action which would temporarily
grounded the airline, and save 110 lives. Your job as elected officials is
to protect the health and welfare of our citizens. We are asking that you
do this even when it is difficult to do so. Thank you.
SUPERVISOR COCHRAN: Thank you for your comment. Laury maybe you
can comment on this?
COUNCILMAN MOORE: That was a pretty wide sweep of four specifics.
Do you just a thumb nail sketch of what is going on in each of those?
TOWN ATTORNEY DOWD: Three of the four cases to which you referred
are currently pending in front of the courts. Cross Sound Ferry has
been in front of the courts since last August, and we will using all our
legal remedies available to attempt to reach a solution. You have to
recognize that the court system is not always as fast as you want, but as
they say, grind slow, but it grinds very fine, so, eventually we will
each a resolution of it. Broadwaters Cove, again, a violation has been
issued. The person is due in court, and at that time we are going to be
moving and pushing towards getting compliance with the Code in terms of
getting a site plan. Cuccina restaurant, again, a citation has been
issued. They are going to be coming to court. The issue is not yet in
front of anybody as to whether or not that is a permitted use in that
zone. At this point, we are just trying to get them to come into the
Building Department to get a Building Permit, and describe the use, so
that we can adequately assess whether or not it's an appropriate use in
the zone. Club Wave, we've been keeping an eye on it, but as far as all
my information is that it has not expanded. It is not at all the same
operation it was last year. At this point it is just a restaurant, which
the site plan approval does allow, but we are keeping an eye on it, and if
460 JUNE 25, 1996
it should expand beyond that, we certain intend to use all the remedies
available to us in the law. So, we are aware of all these situations, and
we are working towards achieving compliance with the Code.
SUPERVISOR COCHRAN: Thank you, Laury. Is there anyone else that
would like to address the Board?
TOM SAMUELS: Tom Samuels from Cutchogue. There is a permit system
for using the end of road to get on the beach in which the contractor
fills out an application, encloses a certified check, or a bond, and has
to supply the town with an insurance certificate. 1 believe it is a two
million dollar general liability policy, and the Highway Department is
militant in enforcing that. %.
SUPERVISOR COCHRAN: Who do you file this with, Tom, the Trustee?
TOM SAMUELS: The Highway Department. The Highway Department is
responsible for the end of the roads. It's been in ,effect for about three
years, and I believe it's very affective, because when you leave a
certified check for a thousand bucks to the Highway Department. You
want it back.
SUPERVISOR COCHRAN: Thank you. Is there anyone else that would
like to address the Board?
HOWARD MIENKE: My name is Howard Mienke from Cutchogue. I was
just wondering, isn't there such a thing as stop work. If they are
scrapping and making a parking lot, and haven't filed a site plan, and go
for the permits, can't you plaster a stop work on the property, and then
they are in trouble and fined for every day that they work, and things of
that sort.
SUPERVISOR COCHRAN: This is under the jurisdiction of the Planning
Board, and Laury perhaps you could answer that.
TOWN ATTORNEY DOWD: It's my understanding that-this work, whatever
work is being done on that residential property, is ,not being done to
create it as .a parking lot. What they say is preparation work on a
residential piece of property, to level it off for a possible future
development. There is no intention of the Town Board,. or the Town to
allow this to used as a parking lot until the appropriate permits.
HOWARD MIENKE: Do they have a permit to do what they're doing,
driving the bulldozer around?
TOWN ATTORNEY DOWD: We don't require a permit just to level out
property.
HOWARD MIENKE: Remedies of that sort are, in my experience available
in other places. The way it's written here there are places where you
can't cut down the trees, and level the ground unless you have filed a
plan with a schedule of work that this is aimed for . Otherwise it leads to
illegal gravel mining, and sand stealing, and top soil stealing, and all
the rest of it. So, if we don't have that, we should have it with it. It
would serve to stop this sort of thing from happening. Thank you.
VIOLET ROMERIL: Violet Romeril from Nassau_ Point. We're very
concerned about Broadwaters Cove Marina, and it's environmental impact
on Broadwaters Cove and Haywaters Cove. Mr. . Zito has not complied
with the Town Laws, and we are very hopeful that you can see that the
Town Laws are complied with. He is affecting the life and the prospect of
happiness for many people in that area.
SUPERVISOR COCHRAN: > Thank you.
JUNE 25, 1996 46
DEBBIE SABOSKIS: Debbie Saboskis from Mattituck. I'd like to know
how I go about getting no parking signs along the beach. I know last
year the Town had issued permission for a whole bunch of no parking
signs, and we're having a terrible problem at Veteran's Memorial on
Peconic Bay Boulevard in Mattituck. When I mean a terrible problem there
with the parking on the street.
SUPERVISOR COCHRAN: That's Mattituck Park District property, and
you are talking about the road end, that ends adjacent?
DEBBIE SABOSKIS: Not Bay Avenue. You don't have much of a
problem with parking there, but Peconic Bay Boulevard. They park
outside the beach, and walk in. The beach this weekend I felt like I was
at Jones Beach. We were on top of one another. I know that they are not
all from around here. I mean, you go to that beach every year for thirty
years you get to know people, and the new people coming in.
SUPERVISOR COCHRAN: Does the Mattituck Park District have a gate
attendant?
DEBBIE SABOSKIS: Yes. There's a gate and a gate attendant, but
there's an opening on the western end, you know, a walk through
opening, where there is no one, and that's into the picnic area, and
sometimes that gate is open, so cars can get through for an organized
function (tape change. )
SUPERVISOR COCHRAN: The Town Attorney will check. It may already
be in the Code, because they take down the signs as fast as Mr. Jacobs
puts them up.
DEBBIE SABOSKIS: I don't think signs were ever up there. I'm like
9930- sure that there were never any there.
SUPERVISOR COCHRAN: Okay. Thank you. Anyone else?
FREDDIE WAXBERCER: Freddie Waxberger. I feel the need to revisit
this Cross Sound issue. I wasn't corning actually to make any comments
tonight, but the dispersal of responsibility on so many different boards
of the town, the relationship to whether one can put a stop work order,
or enforce the laws that you're not supposed to be clearing residential
land with bulldozers, or any of these things, always seems to be an
avoidance of responsibility in any central place. What we feel is that
this is a huge issue, because it involves not only the residential piece,
but what we have heard in the papers about future plans, attempts of
additional casinos, and casinos building additional boats, and the fast
commuting train between New London and Boston via Amtrak, and the fact
that at the moment there is no other port which will service any of this
future development, and that the fact that in court the Town has not, at
least so far as full disclosure, future plans. The fact that the coastal
management issue„ which is DEC, which is State and Federal, as well as
Town, and the fact that the traffic involves the DMT as well, and the
fact that this town has never taken the initiate to bring together- the
State, and the Federal issues, and that all of the Boards, the Zoning
Board, and the Planning Board, and the Town Board, to create some kind
of a unified short term and long term policy with involvement of local
residents, input from local residents seems to me a tunnel, a voidance,
and incredible immersion in the face of what is going to be a very serious
threat to the , law being in Southold Town, and every time I hear
somebody say, well, that's the Planning Board, or that's the Zoning
Board, or that's the Department of Transportation, or well, that's the
DEC, they'll hear about, you know, because we'll publish that. No effort
to get everybody to come together and sit down, and say, well, okay,
what are the limits that we can handle here? [low are we going to
approach getting other terminals? How much traffic are we willing to
handle in Southold Town? How can we draw on State Laws, and Federal
Laws, and assistance from the DOT on the DEC to assist us, Southold
Town, in defining these guidelines? How can we keep the erosion of the
coast from going on when we're not even looking? We have not seen
anything to indicate that the Town is taking that kind of initiative to
confront this problem, and until it does it will simply be inertia to the
462 " JUNE 25, 1996
benefit of a Connecticut multimillion dollar privately. owned company to
the detriment of the citizens of Southold Town, and we really urge you to
take a grip here.
SUPERVISOR COCHRAN: Thank you. Councilman Townsend?
COUNCILMAN TOWNSEND: We understand your concern, and to a
degree we share your concern of this lack of inertia, ,and so forth. We met
with the Planning Board,. the Town Council, but the Council that is
working with the Planning Board on this, and many of the issues, that
you just mentioned, or touched upon. It was in Executive Session, because
it is 'litigation, and we can't go into the details, but 'we are trying to
coordinate our departments together, Zoning Board, and Planning Board,
so that we can deal with the issue in a legal and orderly fashion. In the
past we may not have been as attentive to that area, as we should have
been, but now we're trying to correct that. We're trying not to make any
mistakes, and to do it properly. Everybody has rights, and every
business should have it's limitations based on the property. We're all
aware of that, and we're working on it. We're sorry if it appears as
though nothing is happening, and we're not proceeding aggressively, but
I think we are,, at this point, doing the best that we can.
SUPERVISOR COCHRAN: . Thank you, Joe. Is there anyone else that
would like to address the Board?
CAROLYN WRIGHT: Carolyn Wright, Mattituck. I hadn't planned on
saying anything tonight, but I'd like to go back to . what the gentlemen
first said about Bailie Beach, and there was general conversation before
the meeting, as you remember, about pr-oblems with accidents and
everything else. You said you were going to speak to Lieutenant
Conway. The drag racing that goes on, especially when there's a game
at the Mattituck Yacht Club ball field, it's incredible, . and it goes on
constantly. I mean, the other night it was motorcycles, two of them had
an accident on the corner of Bray and Peconic Bay Boulevard.
Fortunately, nobody was hurt, and the only thing that was broken was
the headlights. But, the police don't do anything about it. We have a
neighbor who is a summer person. She is very tenacious. She is very
persistent. They probably hate her. She called them all summer last
summer about the drag racing, and essentially she was told they couldn't
help here, go away. I think they could do, at this point, a little bit
more in the way of not putting out the brush fires after something has
happened, but they could do a little preventative work. That road is very
windy. If you are out for a walk, and don't know the summer people out
here, there's a lot of people out with baby carriages, and what have you,
and I've seen there go past doing a good sixty, sixty-five miles an hour-,
which is kind of a neat feat on that road anyway. But, they could do
more in the way of prevention.
SUPERVISOR -COCHRAN: Thank you . Officer Tirelli?
VINNY TIRELLI„ JR. : ' Vinnie Tirelli, Southold Town PBA. I
wasn't going to speak. As far as the problem on the Boulevard, I worked
Mattituck full-time for two years. One of my favorite things to do is sit
on the Boulevard during softball season, and run radar, and you're right.
They come through there at sixty. I've had them at 711 right by Bray
Avenue. Unfortunately, if you ever read the papers, since we took over
Greenport we are desperately understaffed. There used to be two cars in
Mattituck at . any given time. Since the takeover in Greenport I don't
recall of any instance when there have been two cars in Mattituck. Once
the shortage is taken care of, I'm sure that we can get back to do that.
Actually setting a car up on the Boulevard, or at some of the other
trouble spots. I know you're working on hiring. Hopefully you'll get more
than you're planning on now. In the future for the next summer I see a
significant increase in our activities, but right now ' when you are working
with four cars to cover the entire town, radar on a weekend, or even on
a week night is what I would consider a luxury, if I, have fifteen minutes
to sit down with radar, and write a ticket or two. It's a lot of time. I
consider it a waste of time. I could be patrolling, but because I have to
be out there preventing stuff, radar takes a back seat. Thank you.
JUNE 25, 1996. 463,
SUPERVISOR COCHRAN: Thank you. Is there anyone else that would
like to address the Board? Yes, ma'am? I know you have racing on your-
road, too.
MARY RAKAUSKAS: One of these days I'm going to put a speed bump
in. First of all I want to thank Judy Terry and her staff. I made a
nuisance of myself this morning trying to dredge up the petition that was
generated and sent, I gather, to the Board that related to the traffic
light at Route 118 and Horton's Lane, and apparently it was done around
September 1 , 1992, and over 250 people had signed this petition
requesting a light being installed. Now, I know that you mentioned
outside when we were in the anteroom, that you are trying to get LILCO
to move a little faster. Sometime it's extremely difficult, but is it
possible to get a commitment from them, apart from getting their CEO, and
planting him at the corner directing traffic.
SUPERVISOR COCHRAN : When I went up to the Department of Public
Works in the County, and we discussed getting the light once and for all,
they had said that, well, some we put up in the fall, and some we put up
in the spring, and I said, well, I would prefer if you did ours in the
spring, and they said, okay, Jean, we'll work to do yours in the spring.
They started doing their part of the work, and the LILCO was
contacted, and find that high tension wires have to moved. Now, Mr.
LaValle was here for the conference we had on Goldsmith's Inlet last
week, so I had a lot of time to chat with hire back and forth, and
evidently it takes a few weeks for LILCO to ' cut the orders, and make
all of this happen. There's a gentleman that lives in town, that does
know the President of LILCO, and had the opportunity to ask him if he
would, please, call and see if we could get our orders moved up a little
faster through the process, because we keep having accidents, and we
have been lucky that we haven't had deaths up there, but we have had
deaths through the years, people being killed there, but just recently
it's been accidents. It's a wide open corner, but for some reason, I
don't know if people try to beat the cross traffic or what, it's a very,
very bad crossing, and so I'm going to check tomorrow, and see if we've
had any success in maybe getting our permit moved up a little faster.
We're working on it continually, because it's one of the constant things
that we get phone calls from people in the area that have to use that
highway. Judy gets them. My office gets them. The Police Department gets
them, and people are truly concerned, and we are, too.
MARY RAKAUSKAS: I know the most recent incident was the Friday
before last, two people were in an accident. It does seem, insane is the
only word I can think of, that they haven't done something about it.
Since 19927
TOWN CLERK TERRY: Back then they said they felt we didn't need it.
They refused to do it.
SUPERVISOR COCHRAN: We have a gentleman that lives on Hortons
Lane, that has dopumented everything since the ,beginning of time, and if
you read the reports through the years of the accidents, and so on and
so forth, it's really frightening. So we will continue to do everything in
the power of the Supervisor's Office to move this as quickly as we can.
MARY RAKAUSKAS: That would be dandy. Thank the lady down in
the cellar, too.
SUPERVISOR COCHRAN: It's always a pleasure to do business with our
Town Clerk. She pleases the majority of the people that come into Town
Hall for service. Is there anyone else? Yes, Mr. Tirelli?
VINNY TIRELLI, SR. : Vinnie Tirelli, Sr. On the Animal League,
one of the last meetings you asked for an audit for them to show their
books on everything in the audit, and what's happened with the fact that
they didn't accept those 150 checks? Is there any progress?
SUPERVISOR COCHRAN: I believe there has been some court action taken
by that group.
VINNIE TIRELLI, SR. : I know that, but didn't. .
4(;4 JUNE 25, 1996
COUNCILWOMAN OLIVA: We didn't ask for an audit. We asked for- their
financial breakdown.
VINNIE TIRELLI, SR. : That's what I mean, and they haven't come up
with it.
COUNCILWOMAN OLIVA: They gave us one, but we were not pleased with
it. .. They are hopefully preparing another one for our perusal, that
hopefully will be acceptable.
VINNIE TIRELLI, SR. : That will be after July, after the vote on the
new Board. In other words, nothing is happening. '
SUPERVISOR COCHRAN: They are not moving as quickly as we would
like to see them.
COUNCILWOMAN OLIVA: Unfortunately, Mr. Tirelli, the only thing we
have to go on, as far as the Town Board; is the contract, and the
services, and the amount of money that we give them. We have nothing to
do with the membership. That is completely without our jurisdiction.
SUPERVISOR COCHRAN : 'Is there anyone else that would like to address
the Board?
RONNIE WACKER: Ronnie Wacker from Cutchogue. I just wanted to
go back to Mr. Mienke's suggestion, that if someone , is not performing
that the Town has asked :them to perform, that a cease work order be
given, and in the case of the Broadwater's Cove .; Marina last fall Mr.
Vito had asked for permission to store boats upland, and the Planning
Board had said, well, this, very often changes the character of the area,
and so we would ask to have a site plan. Now, he has put the boats on
land anyway, and I think this might an instance we could check on that,
and say, well, take them off until you have the permission to do it.
SUPERVISOR COCHRAN: We will check and see if there is a violation.
Thank you. Is there anyone else? If not, I'll ask the Board members if
they have anything to report, and I'll start on, my left with Mr.
Townsend. Joe, is there anything you'd like to share?
COUNCILMAN TOWNSEND: Not right now, thanks.
SUPERVISOR COCHRAN : Mrs. Oliva?
COUNCILWOMAN OLIVA: Yes. I think I spoke to you two weeks ago
about having a workshop with the Department of State about the erosion
problems from Duck Pond . Point to Horton Point. We had that workshop
Wednesday and Thursday, and it was really so well attended, it was just a
joy. We had people here :•from the Department of State. We had three
experts on coastal erosion• from the University of Florida,. the University
of South Carolina, the University of Maryland. We had representatives
here from Senatgr LaValle's Office, Assemblywoman Acampora's Office,
the County Exec's Office, from the DEC, from the Department of Public
Works, our .Supervisor was here for all the meetings, and it was really an
extremely informative and well-done workshop. We walked the beach. We
saw the problems there. - We had a very good and informative public
informational meeting on Wednesday night, where we heard some very good
comments from people, both on the east side of Kenny's Beach, and
Goldsmith's Inlet, and also, from the people to the west side of
Goldsmith's Inlet. The three experts that we have, have come up with
some interesting suggestions. These will be made public in the form of a
report. Probably in about six weeks when we will have another
informational meeting for those reports to be presented, and then the
Department of State will present the reports to the Town Board the next
day. So, it was really quite illuminating, and I `think the suggestions
were quite innovative, and interesting, so I am looking forward to their
report, as I think we all are. Thank you.
FREDDIE WAXBERGER: Can I just ask a question? Why can't you do
something similar to the Point, for the Point, for the ferry terminal? Can
you not do something, like you described, can you not do that for the
Point?
JUNE 25, 1996 465
COUNCILWOMAN OLIVA: That's two different things. There is no
businesses concerned here, Freddie. This is strictly an erosion problem.
FREDDIE WAXBERCER: They are the same problems of all those same
interests.
COUNCILWOMAN OLIVA: It's with commercial properties, too. I mean, I
understand your point. You mean getting all the different players
together. I understand what you're saying.
JIM BITSES: Can I have the last word? As for the ferry, if they say
big money, and big money talks, and they're going to step on you. As for
moving soil around their parking lot, they have a right to under Section
81, 1 believe, Town Code, you can move top soil . As long as they don't
bring in soil without a permit, or take out soil without a permit or
change the drainage lines to the detriment of their neighbors. That's what
the law says. Of course, it's never enforced in this town, particularly by
the Trustees. But anyway that's another story. The point is, we have a
problem. We have a canker sore, the Animal Shelter. Somebody
mentioned that there are all sorts of departments. Nobody seems to make
any decisions. I call to their attention, Mussolini used to make
decisions, and in fact if you want a dictatorship you'll get lots of
decisions, but in a democracy you have the checks and balances, and
trying to push something through a democracy is like trying to push a
marshmallow through a keyhole. In any event, the democracy preserves
itself, and protects itself by this separation in various fields. Basic
rule, elected people stay elected enough to make decisions, not to stick
their neck, and not to alienate people. In short, try to nothing. Their-
job is to be re-elected, and I can understand that, and that's the way it
should be, and I'm wholeheartedly in favor. These problems will not be
addressed because there is no dictator in this town to say, it will be
this way and that way. For instance, we have people standing up, who
own houses along the waterfront, and have access to the beach,
complaining about the fact, that the rest of the population behind them is
funneled down the road, on to the beach in that area, and is doing
various things, not in trash bins, things of that sort. Things that I
used to do when I was a kid. But anyway, the point is, what we have,
sadly, is the consequences of some very bad policy in this town for the
last thirty or forty years. When we had an opportunity to buy waterfront,
or to be given waterfront, we looked the other way. Why? Because
waterfront is so expensive, that only the people with the money made the
decisions. They voted with their dollars, and they bought the waterfront,
and now there is no access for the rest of the population, and what is
peculiar about all this is that Teddy Laoudis, Angel Shores, he want to
give you waterfront, and you are giving his a hard time. There's a guy
named Jim Bitses, myself, I offered this town waterfront. They said, we
don't want it. I would imagine that this town would jump at the
opportunity to get waterfront anywhere, because the entire waterfront has
already been preempted, so it behooves the Town to make every effort to
create greater facilities for the public, that is barred from use of the
beach, simply because of the almighty dollar. That's not what I'm here to
talk about.
SUPERVISOR COCHRAN: Are you going to bring this to a conclusion,
because you did have the opportunity earlier to address the Board? That
was completed. No one else stood, and wanted to address the Board. I
started to call for reports from the Board, which is the final action of
this evening's meeting. I am accepting this from you, Jim, but I would
like you to make a point, and not go on for the next ten minutes. Also,
the land that you offered to the Town, I believe that you offered it
looking for something in return. Is that correct?
JIM BITSES: No. The last offer I gave you was an outright grant.
SUPERVISOR COCHRAN: And the property Laoudis has offered to the
town, we are investigating it. It would be the first time that this kind
of gift has been given to the town, so we are being very cautious in
setting a precedent. So, we're looking at this very carefully. We haven't
said, no, yet.
466 JUNE 25, 1996
JIM BITSES: What kind of precedent would you be setting when
somebody is going to give you beach front?
SUPERVISOR COCHRAN: If you would like to make an appointment, and
come into my office, I will explain it to you, and please, make your point.
JIM BITSES: I'm here to talk about the deplorable conditions at the
Animal Shelter. It's six people using strong arras tactics by denying public
participation, by taking control of the Board, in order to assure their
continued control. They are now admitting members, but these members
are being admitted within" the time they are barred from voting. They're
cute, these people. They're admitting members at a time when they can
not vote in the next election theoretically to take place on July 31st.
To vote .you have to be a member for ninety days, and they started to
take the applications on the 89th day. In any event, they are still
refusing to admit you, Madame Supervisor, Alice Hussie, and 156 other
people who have sent in their $10.00 checks. They still refuse to accept
them because these people will be eligible to vote having submitted their-
applications before the ni'nety day period began. Now, there are
consequences to barring the public from the North Fork Animal Welfare
League, and these consequences are implicit in the contract that the
League made with the Town. The Town knows full well, that the $118,000
fee for operating the shelter is insufficient to run that shelter, and the
Town has always depended upon a wide spread public membership to raise
the additional funds that are necessary for all sorts of efforts. Not only
to raise the funds but to increase public participation, not only to
increase public participation, but to get people to adopt the animals in
the shelter. Also, volunteers came in, and humanized the animals. What
has happened now is, that because six people using strong arm tactics
have brought access by the public, have brought all the benefits of public
participation, these six people will now, I am positive, come before this
Board in the near future, and say, $118,000 is not enough. But, what
they will not tell you is we used to cover that, shortfall by public
participation, which we have barred so we can control this organization by
six votes. In any event, that's one of the things . Another of the
probabilities. .
SUPERVISOR COCHRAN: Jim, can we bring it to a' conclusion?
JIM BITSES: Alright, .-we'll bring it to a conclusion. Your contract
with the North Fork Animal Welfare League is with a public organization.
It was not written in the contract. It was implicit. You ignored that
implicit part of the contract. You have not lifted a finger to assist the
public participation in the North Fork Animal .Welfare League. You have
managed to sit back and avoid any confrontation with anybody. Part of the
problem is the inertia of this Board. There was a time when you just
said, implicit in this contract is a public organization. Six people do
not constitute a public organization, especially when they insist they are
not a public organization, they are a private organization, a private
organization, the consequences of which are lack of support by the public,
lack of money from the public, lack of proper control, lack of proper
usage of the facilities, lack of the maintenance of the animals. The
animals are literally in solitary confinement, because they do not have
any access to human beings. In any event, to get to a conclusion, I
would suggest that you look at their telephone logs. These telephone calls
that they are making are being paid for by public funds. It behooves this
Board to examine their telephone logs to whether any private phone calls
have been made, and if they have, I don't know if ,they have or not, but
if they have then the proper authorities should be consulted. Basically,
the contract you have with this group is a voidable contract, because of
the material alteration of one of the parties. It was a public
organization when you signed it. It is a private' organization now. That's
a material alteration which is having an affect on the animals, and I
would call the attention 'of the Town Attorney to the fact that under
circumstances this contract is voidable. Thank you.
SUPERVISOR COCHRAN: Thank you. Councilman=Moore?
COUNCILMAN MOORE: I will just make one quick comment. It has nothing
to do with anything you just said. This is totally non-secular I'm sorry,
Mr. Bitses, I'm going to change gears completely. That is that next
JUNE 25, 1996 467
week is the Fourth of July holiday week, and we've heard from our Police
Officer Tirelli telling us the shortage we have of manpower. I urge you
all to enjoy your Fourth of July, celebrate the birthday, but do so with
some degree of consideration for your neighbors as you race up and down
the road, or as you turn your music up, and have a good party next
Thursday, please, exercise some self restrain, and not rely necessarily
upon great police force. Be considerate of your neighbor as you enjoy the
holiday next week. Thank you.
SUPERVISOR COCHRAN: Louisa? Nothing to report at this time? I have
some things I would like to share with you. First, I would like to
officially, formally, thank those that helped us build the booth, that is
now up to Town Beach. We had what we call rather than a barn raising,
a booth . raising, and through volunteers efforts, Jamie Richter, Pep
Cochran, Bill Moore, George Long, Jim McMahan, Dave Robinson, Jim
King, Rudy Bruer, Gail Ma'rriner-Smith, and myself. We watched, Gail
and I, but the men did the work. They raised this building which is
made so that it can be removed each winter because of vandalism. It will
be moved back to the Highway Department. The inside has to be finished
off. We have the racks boarded for putting tourist information inside, so
it will serve a dual purpose. It will be for tourist information along
the North Road, of which we have nothing, and it will serve, also, as the
attendant booth. So, we're quite pleased with it, and did have the Girl
Scouts up there last week, Ruth and I, and they planted the flower beds
up there. So, once again, our Town Beach does look nice. There are also
going to do some planting or some of our community service young people
have planting around Town Hall, and will also be doing some planting
down to Gull Pond. I had the privilege of going up to San Simeon on
Sunday, and presenting a proclamation from this Town Board to Marge
Stratos who celebrated her 100 years. This is a women who has had a
full life. She spent six years in a concentration camp in the Soviet Union
away from her children. Her family was there. It gave me a great deal of
pleasure to be able to share this time with her. As Ruth reported we had
the meeting on Goldsmith's Inlet. I found it, as Ruth did, rewarding, and
productive. I think it's the first time that we've had people of this
caliber together to, look at the problem. They did come up with a
solution, which I think might please all those on both sides of the
jetty. Consideration has been given to the people along the entire shore.
It's not just to please people in the area. It's an erosion problem that
we have had on the Sound for many, many years, since that jetty. That
certainly helped cause in greater depth. We have got to begin to look at
some of our shoreline, because it is eroded, so we can do what we can to
preserve the bluffs and the beaches along the Sound. So, this is a part
of that particular cell from the jetty to Horton's Point, that they will
be having recommendations on. Ruth you said six weeks, but Ridler said
possibly in two weeks he would like to come in. It will take longer?
Okay. Once they have the final report it will be available.
COUNCILWOMAN OLIVA: Maybe for July 5th and 6th.
SUPERVISOR COCHRAN: It will be available to the public, and we will be
receiving the report at a Board meeting. It is long overdue. This has
been discussed by many, many Town Boards, and hopefully this Town
Board will take corrective action. I, also, had the opportunity to attend
the Long Island Wine Council. They had a Maritime Red Wine seminar here
in Southold for two days this past week. They had people from around
the world. They had people from Canada. They had people from along the
East Coast, and they met for two days, and talked about tennins, and
had to ask, what is a tennin, because I certainly didn't know, but it is
in the skin of a red wine, and it's what gives red wine that special
taste. So, I tried to learn a little bit about tennins. I was invited
to their dinner, and I met a lot of nice people. . I knew some of the wine
owners in Southold. I had the opportunity to meet many more, and they
have offered assistance in working with the Town Board in any way they
can, if there is ever anything that comes along as far as their business
is concerned. It was, also, co-hosted by the Long Island Farm Bureau,
and the East End Economic Environmental Institute. Also, I served as a
member of the New York State Historic Maritime Commission with
Bernadette Castro, and the Secretary of State, and they are going to be
touring the sites in the Town of Southold, the sites that have been
selected to work into this maritime trail. It's Mattituck Inlet, Oyster
468 JUNE 25, 1996
Bernadette Castro, and the Secretary of State, and they are going to be
touring the sites in the Town of Southold, the sites that have been
selected to work into this maritime trail. It's Mattituck Inlet, Oyster
Ponds and Greenport. So, they will be touring. They will be coming out
by bus, and touring this site, as they will, on different days, Island
City, and the Port Jeff, and wherever along the Sound these sites have
been selected. I'm sorry some of the Orient people left, because I'm
going to get some of them involved, because at each of these sites they
would like to have people from the area to chat with them, and get their
opinions and some input. I'm working with Mayor Kapell. Fie will be
taking care of the Greenport area, and I will. be taking care of
Oysterponds, and Mattituck.. I also had the opportunity to go to
Greenport, and have coffee, Lieutenant Conway, . and myself, with
B. I .D.,, which is the business district in the Village of Greenport, so
they would have the opportunity for input, and working together-, and
they are doing some fine things for promotion in . the Village of
Greenport. It's been busy over and above the mail that comes across the
desk, and the many telephone calls, and planning, and the work that I do
from day to day. Also, I had the opportunity to go to Oysterponds, and
I would like to wish them Happy Birthday once again. They have just
celebrated their thirtieth birthday of the school, educating young people
in that area. Last I would like to share with you that I had volunteered
to take a dunking at the Strawberry Festival . It was for young people,
so I said what the heck. So, I went up there, and it was time for me
to get up on this little platform with this tank of water beneath me, and
the fellow that bid, bid fifty dollars, and I said, well, that's not too
bad, it's going to the kids', I can live with this, and he looked at me,
and he said, you made me shovel my sidewalk. He lives between here and
the church, and last winter after one of the many snowstorms, the school
kids were having to walk in the road, and the sidewalks hadn't been
shoveled along the whole area, and we talked about going, and issuing a
summons because we have a town law that you have to clean your
sidewalks in this area, and rather give a citation, I said let me call,
and see if I can have everyone do it. I made all the phone calls, and
everyone said, sure, Jean, we'll go out and do it, and I was thankful,
and it was an' easy. way of trying to work with your neighbors, and get
the job done. So, he looked at me, and lie said, you' made me shovel my
sidewalk, and on the first ball he hit the target, and I went down, and I
don't think it's anything you are ever ready for-, because I think I drank
half the tank. I don't think I'll be so quick to volunteer the next time,
but in this job you have some fun things. It's a lot of hard work.
attend as many functions as I can, because I think it's important. I
think people matter. I think people are number one on the list, and I'd
like to thank you for having good attendance at the. Board meetings.
Please, come back. We appreciate your input, and your comments, and
look forward to you joining us again. So, on behalf of the Board, good
evening, and meeting adjourned.
Moved by Councilman - Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board meeting be and hereby is adjourned at
8:52 P.M.
Vote of Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran.
This resolution was duly ADOPTED.
(.:Judith T. Terre..
Southold Town Clerk