HomeMy WebLinkAboutTB-07/09/1996 469
SOUTHOLD TOWN BOARD
JULY 9, 1996
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J . Hussie, Councilman
Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans,
Councilman William D. Moore, Town Clerk Judith T. Terry, Town Attorney Laury
L. Dowd.
9 :10 A.M. - Senior Accountant John Cushman met with the Town Board to discuss
the status of the Town's four main operating funds as of June 30, 1996. The
discussion focused on accounts that will undoubtedly be overdrawn before the end
of 1996: Public Safety Dispatcher overtime, Police overtime, Police vacation and sick
pay, Bay Constable regular pay, and snow removal. The Board will conduct another
review in September.
9 :50 A.M. - Senior Planner Valerie Scopaz and Planner Melissa Spiro met with the
Town Board to discuss the offering by Theodore Laoudis of open space parcels in
his Angel Shores major subdivision. (Councilman Moore excused himself from the
discussion as Mr. 6 Mrs. Laoudis are former clients. ) Although the Board members
agreed they are interested in obtaining the wetland parcel, they still have questions
and concerns with regard to the ramifications of accepting the property. The Town
Attorney and Planner Spiro will prepare a proposal of the options available to the
Board for accepting the property.
10 :45 A.M. - Councilman Townsend reviewed his proposal for the creation of a Police
Advisory Committee. It was agreed the first step should be the formation of a
charge to the committee. Councilman Moore set a Police Committee meeting for July
22nd for this purpose, and the Board agreed Lieutenant Conway should be invited,
along with Joe Gold and Bill Cremers, the authors of the Police Department study
of three years ago.
11 :10 A.M. - Planner Melissa Spiro joined the Town Board for a discussion on the
offer by Suffolk County of a parcel of underwater land that is a canal which
provides water access to four privately owned, subdivided parcels, as well as a
condominium complex, off of Main Bayview Road, fronting on Corey Creek, Southold.
The Board is not inclined to accept the parcel, but asked Planner Spiro to obtain
more information regarding owners of adjacent property, and value of the parcel,
before making a final decision.
11 :20 A.M. - Councilwoman Oliva updated the Board on Scavenger Waste Plant
matters. She asked them to consider a $100 charge to carters for calling employees
out on Sundays on emergency pump-outs. This had been a practice by the Village,
and the Board agreed it should continue. Supervisor Cochran will communicate the
plan to the carters. The second item for discussion was the elimination of half loads
in the summer. Councilwoman Oliva will discuss the situation with George Desmarais
of H2M to work out logistics for measuring the loads in the future.----Justice Evans
spoke to the Board about the use and maintenance of Town vehicles on Fishers
Island. Currently there is no one directly in charge of the vehicles, and they often
are low on gas and not maintained properly. Supervisor Cochran said she would
ask Senior . Accountant Cushman to take the vehicles under his control as Fleet
470. JULY 9, 1996
Manager.----The Board asked Assessor Bob Scott to meet with them to discuss a
communication from Senator Kenneth LaValle concerning the tax relief and school
budget reform bill. The bill has been, passed by the Senate but not the Assembly.
Mr. Scott had not read the bill in its entirety, but offered to do so and give the
Board his opinion on its provisions.----The Town Personnel Handbook prepared by
Councilman Moore will be held -for discussion at the next work session on July
23rd.----Justice Evans updated the Board on the wrap-up of Fishers Island Metal
Dump excavation project.----Board set July 22nd for interviews of applicants for
the Board of Ethics.
12 : 15 P.M. - Recess for lunch.
1 :35 P.M. - The Town Board met with Paul Rabinovitch 'and Stuart Lowrie of Nature
Conservancy, to discuss a tract of land brought to Supervisor Cochran's attention,
which appears to be a unique Cottonwood-Swamp White Oak Forest within a wetland
system. A site which may be the only one its kind in New York. The report of a,
recent exploration by Eric Lamont, Ph.D, a learned Botanist, stresses the need for
a systematic inventory of the site. He said in his report that "it's gratifying to
realize that Long Island still harbors such hidden, natural gems." The property,
located on the south side of CR48 and east of Albertson Lane, Greenport, is owned
by several individuals and corporations, and consists of 249.2 acres of vacant land.
The first task will be to try to find a qualified individual to do the inventory.
Secondly, Supervisor Cochran,. with the assistance of Mr. Rabinovitch and Mr.
Lowrie will endeavor to speak to the property owners, and impress upon them the
ecological significance of the property they own, and ask them to hold ini,abeyance
any plans they;.may have for the property until the study can be undertaken and a plan
devised.
2 :40 P.M. - Town Board reviewed the resolutions to be voted on at the 4:30 P.M.
Regular Meeting.
EXECUTIVE SESSION
3: 10 P.M. - On motion of Justice Evans, seconded by ' Councilman Moore, it was
Resolved that the Town Board enter into Executive Session to discuss Personnel and
a Disciplinary Action. Vote of the Board: Ayes : Supervisor Cochran, Councilwoman
Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman
Moore. Also present: Town 'Clerk Terry, Town Attorney :Dowd.
4:20 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on July 9,
1996, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochrah opened the meeting at 4:30 P.M. with the Pledge of
Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J . Hussie
Councilman Joseph L. Townsend-, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney L.aury L. Dowd
SUPERVISOR COCHRAN: I'd like a- motion to approve the audit of the
bills of July 9th.
JULY 9, 1996 471
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it
was
RESOLVED that the following bills be an(] hereby . are ordered paid:
General Fund Whole Town bills in the amount of $182,659.42; General Fund
Part Town bills in the amount of $1,207.32; Community Development Fund
bills in the amount of $160.00; Highway Fund Whole Town bills in the
amount of $5,156.48; Highway Part Town bills in the amount of $3,860.27;
Ag Land Development Rights bills in the amount of $836.00; Fishers
Island Metal Dump Capital bills in the amount of $178.00; Employee Health
Benefit Plan bills in the amount of $14,869.45; Fishers Island Ferry
District bills in the amount of $16,461 .84; Lands End Road Improvement
District bills in the amount of $3,122.70; Refuse and Garbage District
bills in the amount of $10,584.77; Southold Wastewater District bills
in the amount of $18,784.72; Southold Agency & Trust bills in the amount
of $6,026.85; Fishers Island Ferry District Agency and Trust bills in the
amount of $997.09.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Approval of minutes of June 25th7
e
Moved by Councilwoman Oliva, seconded by Councilman Townsend, 'it
was
RESOLVED that the minutes of the June 25, 1996, Town Board meeting
be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 7:30 P.M., Tuesday, July 23, 1996, at the Southold Town
Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
I . REPORTS.
1 . Southold Town Recreation Department Monthly Report for May,
1996.
2. Southold Town Scavenger Waste Treatment Facility Monthly
Report for June, 1996.
3. Southold Town Building Department Monthly Report for June,
1996.
4. Lawrence Healthcare Town Claim Analysis for the month of
June, 1996.
5. Lawrence Healthcare PBA Claim Analysis for the month of
June, 1996.
6. Southold Town Justice Bruer Monthly Court Report for June,
1996.
7. Southold Town Recreation Department Monthly Report for June,
1996.
472 JULY 9, 1996
II . PUBLIC NOTICES.
1 . U.S. Army Corp of Army- Engineers, New York District,
application of Louis M. Bacon to dredge with ten years maintenance and
subsequent upland disposal in Cutchogue Harbor, New Suffolk, Southold
Town, New York. Comments to be received by July 25, 1996.
2. New York State Department of Environmental Conservation,
notice of application of Fishers Island Water Works Corporation to replace
an existing public water supply well, that has poor yield with a new
well . The proposal is located at Fisher Island Middle Farms Aquifer,
Southold, Suffolk County, New York. Comments to be received by July 26,
1996.
3. U.S. Army Corps of Engineer, Philadelphia District, Notice of
Proposed - Nationwide Permit relating to A) Moist Soil Management for
Wildlife, B) Food Security Act Minimal Effect Exemptions, C) Minor mining
Activities, and D) Maintenance of Existing Flood Control Projects.
Written comments by August 16, 1996.
III . COMMUNICATIONS
1 . G. Jeffrey Haber, Executive Director of The Association of
Towns of the State of New York to Superviso►- Jean Cochran in
appreciation of the support given, and the availability of their services.
2. Michael A. LoGrande, Chairman of the Suffolk County Water
Authority in regard to the the Goose Creek area's water supply.
3. Paul Birman's letter to Michael A. LoGrande, Chairman of the
Suffolk County Water Authority in regard to the water supply at Cedar
Beach in Southold.
4. Robert J . Gaffney, Suffolk County Executive to Supervisor
Cochran extending an invitation to serve on the Steering Committee for the
Suffolk County Executive's First Annual East End Youth Leadership Summit.
5. Patrick Cullen to Damon Moynahan, 7-11 Headquarters,
stating the problems at the 7-11 at Southold.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: , As you know the Town Board has a policy, if
there is anyone here attending today's meeting, that would like to speak
to the Town Board in relation to the resolutions we would be very happy
to entertain those remarks at this time. If you have something that you
would like to share with the Town Board in a general sense, or on any
other topic, you will have time at the end of the meeting to do so. Is
there anyone that would like to speak in relation to any of the
resolutions, that the Town Board will be acting on? (No response. ) If
not, we will start the resolutions.
1 ..- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the T-own of Southold hereby
authorizes the following modification to the 1996 Highway Whole Town
budget to appropriate funds for the purchase of contractors equipment.
To:
DA.5130.2.500.300 Machinery Equipment
Other Machinery
Contractors Equipment $ 1,350.00
From:
DA.9901 .9.000. 100 Transfers to Other Funds
Transfers to Capital Fund $ 1,350.00
1 -- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
t
JULY 9, 1996
473
2.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following budget modification to the General Fund Whole
Town 1996 budget:
Revenues:
A. 1589.00 Other Public Safety Income $ 22,662.00
Columbia Pictures
Appropriations:
A.3120. 1 . 100.200 Police, Personal Services
Full Time Employees
Overtime $ 19,662.00
A.3130.4.400.650 Bay Constable, Contractual Expense
Contracted Services
Vehicles Maintenance E Repairs 3,000.00
2 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
3.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Lawrence Healthcare Administrative Services, Inc. to pay the
medical bill of Donald Dzenkowski, which was submitted more than 90
days after the date of service by the medical provider.
3.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
4.- Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modifications to the Central Data Processing 1996
Budget to cover 1996 IBM maintenance charges and EMC disk drive lease:
To:
A.1680.4.1100-.350 AS/400 Maintenance $ 6,245.00
From:
A. 1680.4.400.555 Tax Collection Maintenance 145.00
A. 1680.4.400.556 Building Department Maintenance 2,100.00
A. 1680.2.400.430 Printers 4,000.00
4•- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
5--Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold • hereby
authorizes and directs Supervisor Jean W. Cochran to execute an
agreement between the Town of Southold and the following individuals for
the Summer 1996 Recreation Program, all in accordance with the approval
of the Town Attorney:
Frank Gillan (Soccer) . . . . . . . . . . . . . .$15/hour-
Lisa Faulkner (Soccer) . . . . . . . . . . . . .$15/hour
Laurie Jean Como (Piano) . . . . . . . . . . .$20/hour
5.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
474 JULY 9, 1996
6•-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modification to the 1996 Highway Fund Whole Town
Budget to appropriate the grant for the reconstruction of Brushes Creek
Bridge:
Revenues:
DA.3597.00 NYS Transportation Capital Grant
Brushes Creek SHIPS Grant $ 55,421 .67
Appropriations:
DA.5120.2.500.100 Bridges, Capital Outlay $ 55,421 .67
Bridge Reconstruction
6.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman _ Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
7.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
appoints Lucia Farrell as a temporary part-time Clerk-Typist for the
Zoning Board of Appeals, for a period of up to 90 days maximum,. effective
July 10, 1996, not to exceed 35 house in each bi-weekly pay period, to
fill in for the two part-time positions which are temporarily vacant
during this period held by Maryann Cybulski due to illness and Noreen
Frey due to vacation, at, a salary of $7.09 per hour.
7.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
8.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following modification to the General Fund Part Town 1996
Budget to appropriate funds for environmental services:
To: B8020.4.500.300 Planning, Environment Consultant $ 7,000.00
From:131990.4. 100:. 100 Contingencies 7,000.00
B.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
9— Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute a Retainer
Agreement between the Town and Sinnreich Wasserman Grubin &
Cahill, LLP for legal services on behalf of the Town, for such period
as may be determined in the sole discretion of the Town, with respect to
the following matters: (1) Grim v. Southold, Suff. Co. Index No.
95-277211, and (2) State of New York v. Southold (Spill No. 85-1219); said
agreement all in accordance with the approval of the Town Attorney.
9•- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
J U,LY 9, 1996 475
10.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the following budget modification to the General Fund Whole
Town 1996 Budget:
From:
A7310.11 -600. 100 Youth Bureau $ 800.00
(Mailing - Administration)
To:
A7020.11. 100. 100 Recreation Administration $ 600.00
(Office Supplies/Materials)
A702.0.11.1100.650 Recreation Administration
(Vehicle Maintenance & Repair) $ 200.00
10.- Vote 4. of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, COuncllworrlan 11lrSsie,
Supervisor- Cochran.
This resolution was duly ADOPTED.
U .-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the -I-own of Southold hereby
authorizes the following new wages rates for the following part-time
Fishers Island Ferry District employees, retroactive to the pay period
commending June 20, 1996:
Name Hourly Wag Rats
ALTER, William 5.95
CASAVANT, Donald 8-55
CLARKE, Shane 6.90
DAVIS, Robert 8.40
DOUCETTE, Monica 8.00
DRUGS, Steven 1.1.25
GELMAN, Michael 7.50
GURAL, John 11.25
HENDERSON III, William 11.25
KEATING, Lawrence 6.35
KEATING, Timothy 8.40
KING, Daniel 6.35
KOPIJ, David 6.20
KOPIJ, Henry 11.25
LEMERLIN, James 9.80
MARSHALL, Jesse 6.20
MIRABELLI, Anthony 8.40
NIEDOJADLO, Richard 7.05
PELLEGRINO, Peter 6.20
PIACENZA, John 11 .25
f2IANHARD, Steven 6.20
STRECKER, John `)•20
WEINGART, Christopher 5.95
11 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman flu SS le,
Supervisor Cochran.
This resolution was duly ADOPTED.
12 .-Moved by councilwoman Hussie, seconder! t>y Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Board of Commissioners of the Fishers Island Ferry
District to advertise for sealed bids for the replacement of the
pre-1982 clock, bulkhead, and ramp areas at the District's Fishers Island
terminal, all in accordance with the bid documents, plans and
specification for said repairs as prepared by DOCKO, Inc.
476 JULY 9, 1996
12.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
13.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that, the Town Board of the Town of Southold hereby
appoints Liz Jaeger as a 1996 Beach Attendant (3rd year), effective
immediately, at a salary of $6. 15 per hour.
13.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Number 14, 1 would like to. give a little bit of
explanation. The Town Board has become aware that there is a parcel of
land within the boundaries of the town, that is environmental sensitive.
That is one of a kind. If proven what the first indication shows, it is
the only one on Long Island. There's bits and pieces of the same type of
wetland along some of the rivers upstate, but this would be just an
absolute treasure and jewel. The Town Board has made the decision that
we would like to investigate and look at the feasibility of getting
together people, organizations, State, County, anyone we can, to support
Southold Town in trying to preserve this property. It would be something
that we would leave to future generations, which certainly would be an
asset to, not only this generation, but those generation, so I would like
to read this resolution.
14.-Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS, the Town Board of the Town of Southold has learned that the
properties west of Chapel Lane and south of the North Road, Creenport,
contain a unique flora and fauna community consisting of a rare swamp
cottonwood forest amidst extensive marshes and wetlands; and
WHEREAS, this rare and unique ecological community is a natural gem
which should be preserved for future generations; now, therefore, be it
RESOLVED that the Town Board will investigate and explore all avenues
towards discovering the extent of the natural I-lant community and existing
species towards preserving this unique resource for the benefit of the
public.
14.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
15.-Moved by Justice Evans, seconded by Councilwoman Oliva, 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
part-time Clerk Typist for the Building Department, 17-1/2 hours per
week, at a salary of $6.82 per hour.
15.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
16.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
terminates the employment of James Taylor Young, Cate Attendant at the
Disposal Area, effective immediately.
16.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN- That is the end of our resolution. This is a
record, ten minutes. There are no public hearings, or other business
before the Board. At this time we certainly entertain from those of you in
the audience anything you would like to share with the Town Board. Is
there anyone that would like to address the Board?
JULY 9, 1996 477
JAY GARGANI : Jay Gargani from Southold. Last night there was an
overflow meeting in this room, and I'm sure you've heard about it. I'm not
here to comment on the agenda, but during the course of that meeting
repeatedly we heard the phrase, State Environmental Quality Review Act.
What I would like to say is, that without coming into that particular
situation again according to the Suffolk newspapers with regard to another
situation. What I would like is for Councilman Moore would change roles
for a minute from Councilman to Counselor, and merely indicate to us, and
outline form the procedural steps that are taken in this particular type
of litigation, and exactly what responsibility does the Town Board have in
matters like this, and what is the ratio of success in the event that the
position of the Board should be in conflict with the other party.
SUPERVISOR COCHRAN: If I may, I would prefer- that the Town Attorney
answer these questions.
TOWN ATTORNEY DOWD: In terms of the State Environmental Quality
Review Act the bottom line is the person brings in their application. The
application is then accepted as complete, and the agency that is dealing
with it circulates it to any other agencies that might be affected. In
the case of the Cross Sound Ferry it would be the Department of
Transportation, the DEC, maybe the Army Corp of Engineers, certainly
the Trustees, the Zoning Board of Appeal, and any other people that
might have to issue some kind of a permit. These people give their
feedback back to the Planning Board, the agency that's issuing the basic
permit. That agency says, okay, we are going to be the lead agency, is
what it's called. They're the ones that take charge of this thing. Then
they make the determination as to whether or not this project has a
potential for a significant effect on the environment. If it looks like
it might, and it falls within the State guidelines, then they can require
a Draft Environmental Impact Statement, which means the developer has to
go out, and assess what would be the potential environmental impacts of
the project, and are there any ways in which the Environmental Impact
could be decreased, or mitigated, or eliminated entirely. The point of
the Environment :Impact Statement is to give the Board that is. issuing the
permit, the information that it needs to issue the best kind of permit it
can. If' there are steps that can be taken to decrease the impact of the
projects, they can take those steps. So, it's not necessarily to block
anything. It's to provide information. That information comes in. The
agency looks at it. Makes comments on it. Everybody else gets to make
comments on it. At that point a Final Environmental Impact Statement is
come up with, or is decided upon, and at that point the agency is in a
position, legally, to issue the permit or not depending on how they feel.
Now, you also asked about whether or not the Town Board could get
involved?
JAY GARGANI : My concern is that the Board would be against the
State, is there a balance of power in these situations?
TOWN ATTORNEY DOWD: If there is an argument between agencies as to
who gets to be the controlling agency the law provides that they have to
work it out themselves, and if they can't they can go to court to work it
out. The bottom line is, if one agency does an environmental review, and
another agency feels that they failed to address some significant aspects
of the other agency's application, they can do their own environmental
review on those limited aspects that weren't previously addressed.
JAY GARGANI : Isn't the term environmental sort of a very broad factor
that tends to bring virtually every projects that comes before this Board
to be stretched out in a procedural sense, such as you just indicated, and
it seems to me that it would bog you down, and it would take an awful
long time to go through these matters. What I'm really getting at is,
what are the paramount determines that the person initiated, and brings
these matter into a procedural procedure into the State Quality Review
Act? Why does it first have to be initiated in that sense? Aren't these
matters disposable within the Board itself?
478 JULY 9, 1996
TOWN ATTORNEY DOWD: I'm not sure I understand your question, but
the bottom line is that the State has come up with guidelines that advise
people on how handle this Environment Quality Review, and it has come up
with a list of what they call Type I actions, and Type II actions. Type I
actions are ones that they think are going to have a significant effect on
the environment, and Type II actions ar-e ones that they don't think are
going to have significant effect on the environment, and there's a bunch
of actions that aren't done on the list. They ar-e called unlisted. They
are in between, and you have to make a judgement call on those. If it's a
Type I action you are going to have to work on that Environmental Impact
Statement. If it's a Type II action you're not going to have to do an
Environmental Impact Statement. So, some of that stuff is already
pre-sorted out for you.
JAY GARGANI : I just want to know who initiates that action?
TOWN ATTORNEY DOWD: Which action?
JAY GARGANI : Who classifies it whether it's a Type I or Type II?
TOWN ATTORNEY DOWD: The agency involved.
JAY GARGANI : Have there been any cases, prior to this, that the
Board was involved in with this particular action, and where the results
were favorable, regardless of what the Board's position might have been?
I'm not questioning that.
TOWN ATTORNEY DOWD: If you are talking about the Board being the
Town Board, this is not an issue that is front of the Town Board. This is
an issue that is in front of the Planning Board, and the Zoning Board,
maybe the Trustees, but not the Town Board. But if you ar-e asking
whether or not the Town Board has dealt with issues concerning
Environmental Impact of a project, yes, they have. In fact they do on
every project. They have to decide whether or not it has an
environmental impact, and on those they feel it does, they send it out,
and they do a complete environmental review before approving a project.
JAY GARGANI : Well, if I'm reading it right, it says, as you pointed
out, this seems to be a matter more of an application involving the
Planning Board, than the Town Board, and it just makes me wonder who
has ultimate jurisdiction over this particular Quality Review Act? Is it
going to be the Town Board or the Planning Board?
TOWN ATTORNEY DOWD: The Planning Board.
JAY GARGANI : It will be the Planning Board? They make the ultimate
decision?
TOWN ATTORNEY DOWD: They are the ones that ar-e to issue a permit,
so they are the ones that have to do the environmental review.
JAY GARGANI : It just seerns to me that you guys should be the chief.
SUPERVISOR COCHRAN: Thank you. This kind. of ties into part. .there
were eleven that came in today. We have had form letters in relation to
Cross Sound Ferry, which we have answered each and every one, but
today came eleven post card type comments in relation to Cross Sound
Ferry, and I would like to pass this down to Laury, and Laury, once more
would you, please, for a watching audience, and those that are here, just
once more define exactly where the status of the Cross Sound Ferry, and
the Planning Board.
TOWN ATTORNEY DOWD: The Cross Sound Ferry .has an application for a
Site Plan Review in front of the Planning Board. The application, as
understood it, there is a question of whether or not it's complete enough
to start the Environmental Review process. I understood that was an
issue that was discussed in front of the Planning Board last night. But,
the bottom line is that as soon as the application is complete enough, the
Environmental Review process will begin, at which point citizens will have
an opportunity to give their input in ter-ms of what they feel might be
environmental problems, and to start on the education process that
J U LY 9, 199679
talked about, so that the Planning Board when they make their decision
can make the best educated decision in terms of the environment.
SUPERVISOR COCHRAN: Thank you. Is there anyone else that would like
to address the Town Board? Mr. Tir-elli?
VINCENT TIRELLI, SR. : Vincent Tirelli, Sr-. , Southold. I just read
in the paper that there is some consideration of hiring a Fire Marshall . I
read the whole article, and it just didn't make sense to me. I think they
used the wrong term. A Fire Marshall is actually a police officer,
carries a weapon, investigates for arson. They mentioned relieving the
Building Department of some responsibility. If the Building Department is
really overworked, than hire a Building Inspector, don't hire a Fire
Marshall.. The second thing was about putting signs in front of
businesses, where they have flammable liquids. That's a good idea. It's
a very good idea, but you wouldn't want to hire a Fire Marshall. A Fire
Marshall is a very highly qualified technician. He has to determine
whether a fire is arson. He has to investigate, and try to find out who
did it, and make an arrest. I don't want a guy like this hanging up
signs in front of buildings. These signs are important. We don't have
that many businesses, that use flammable liquids. I don't know how many
we have, but if it's a problem, let the business hang the sign. It's not a
big expense, and it's a one time thing, unless it's damaged. So, you can
just tell the business owners who have flammable liquids, for their own
protection, and for the protection of our fireman, hang a sign that there
is flammable liquids stored.
SUPERVISOR COCHRAN: Vinnie, I think just a little clarification.
These are different things that the Fire Chief's Council has requested of
the Board, and so we will be looking at them, and investigating them. As
far as the signs are concerned, the two aren't linked together. It's two
specific requests. One is that they would like a Fire Inspector, not a
Marshall.
VINCENT TIRELLI, SR. : Not a Marshall, it's a Fire Inspector. That's
the biggest difference.
SUPERVISOR COCHRAN: I think the term intermixed, and it shouldn't
be. I just did it myself. Marshall was said that day, also, so it's a
combination. I don't know what paper it was in.
VINCENT TIRELLI,SR. : So there nothing in the process of hiring a
Fire Marshall?
SUPERVISOR COCHRAN: No. We are looking also at, you know, they
would like to see outside of buildings listed some of the things that are
dangerous to fireman. I think there are some things in the New York
State Code, so we're looking at that, also. Is there anyone else that
would like to address the Board?
JAY CARCANI : Can I just get back on track for just one more minute,
and that's it. I promise. 1 believe you said that during these procedures
the people have input to this situation. What I'm looking at eight people
right in front of me, and I'm just wondering what this Board will have,
and will that input be a matter of record?
TOWN ATTORNEY DOWD: Yes.
SUPERVISOR COCHRAN: Yes, ma'am?
JOHANNA TSOURIS: My name is Johanna l-souris. I have a house on
Kenny's Road, the last house on the beach. I have a survey if you don't
know the location, so I can make it clear to you what it looks like. We
have a problem for the last, at least, three years with. the parking. We
don't have a driveway, because LILCO's electric pole is in the way, so
we can not do this. They do not want to move the pole. So, we leave to
park along the side. Our address is 4200 Kenny's Road. It is not Kenny's
Beach or Kenny's parking lot. So we should have the right to park in
front of our house without getting a ticket. This is the problem. We
have visitors coming. They get tickets. Now, I tell visitors, you can
visit me, but it cost you $35.00.
480 JULY 9, 1996
SUPERVISOR COCHRAN: I don't think you are going to see them too
often. May I see your survey? This makes it difficult, because what we
do have is no parking up there.
JOHANNA TSOURIS: This says, Kenny's Road. If there's a road,
there should be parking. I have a permit, but people who visit they
don't. It's not so much for paying, but you can not have visitors. It's
impossible. There must be some way.
SUPERVISOR COCHRAN: We have the same situation in some other places
in town, and I think it's something the Board is going to have to solve
one way or the other. Half of the problem is we want to encourage
people, that go to the beach to park within the beach parking field, so we
passed an ordinance that says, no parking on the road. That way they
come into the parking area, where they should be and not a menace on the
highway. So, this is what we have done at a lot of our road ends to
make the whole operation of that end and that area function a little bit
better. It does cause a problem for people that live there. We've tried
to judge each one separately. Many road ends we'd look and say, g
ee,
they have parking, they have driveways, they have this. This is one of
the hardest places to try to justify, and you really don't have that much
room. This is all your property, too? I mean, for off-street parking?
JOHANNA TSOURIS: About here, the water line is here. We don't
have much.
SUPERVISOR COCHRAN: What about this side of the property?
JOHANNA TSOURIS: There is no driveway. LILCO .pole is right here
in the middle. I already asked them to move it, but they don't want to
move it.
SUPE
make any
OR promises.
romisCOCHRAN:. Iknow someone suggested that maybe twehshould have
make any p
some kind of visitors' passes.
JOHANNA TSOURIS: Maybe in the car window, don't ticket this car
because we are visitors, but the police ignore this.
SUPERVISOR t COCHRAN,:Board agenda, we and are
we'Igoing
talk tabout it, andWe're
nd going.
l
to put it on the next
look at it, and we'll see if we can solve something.
JOHANNA TSOURIS: It has to come to some kind of conclusion.
SUPERVISOR COCHRAN: One way or the other. We'll let -you know you
can't have company, or we find some way. We'll see what we can do.
Judy will put it on the next agenda for Town Board discussion. Is there
anyone else that would like to address the Town Board?
FRED SCHOENBAECHLER: I live on the corner- of Cagen's Landing
Road, and Clearview Avenue. My concern is, and I wish the Councilman
would do something about it, is ever since Newsday has made the
delivery of these advertising pages for A&P, King Kullen, they put .it in
a package, they put a hook on our post, which is fine in a sense. I'm not
complaining about that, but there are a lot of us older people, that are
away for a week, two weeks. This is the best signal that there is nobody
home. I can show you two places right now on Cagen's Landing Road,
and they have been hanging there since last Friday. I wish that the
Town Board would stop to this. I think it's absolutely ludicrous.
:.J U LY 9, 1996
SUPERVISOR COCHRAN : When Newsday First started that, we tried to
do as much as we could. We sent letters to Newsday. We spoke with
Newsday. In my mind it's litter. They were throwing it in my
driveway. They didn't even give me a hook. But, there is a number on
the bag, and if you call the number they will cancel delivery to your
particular home, so we've tried to encourage people to call, because
Newsday gives me in their letter a whole big spiel about the first
amendment, and freedom of speech, and on, and on, and on. We do feel
that it is a telltale that you are not there for the weekend, and it
certainly does encourage if somebody wants to break in they are going to
do it to your house. The best we can do is have you call Newsday, and
cancel it.
FRED SCHOENBAECHLER: I'll tell you why that won't work. I live on
the corner. My driveway is on Gagen's Landing Road. Guess what? I
not only get one thrown in my driveway, but then I have one in front of
the house. I get two. I know somebody else said the same thing.
SUPERVISOR COCHRAN: Please, try. It's been a while since we've had
to call them, because 'this is the first complaint now, in say a month and
a half or so. We can call there again, and please, you call the number on
the back, and cancel . It took me about two deliveries to get mine
cancelled, but they did eventually cancel it. So, try to cancel it, and
tell them you are getting two, one on each corner- of your house. I'll
also give a call and see what we can do. They are not going to stop it.
They're going to continue doing it.
FRED SCHIENBAECHLER: The other day, walking in, they asked
whether I received these. I said, yes, and I walked away, and after I
walked away I said to my wife, you know what I should have told them,
what I just brought up before the Council here. So, I went back to speak
to the young lady, and there was another gentleman talking, and guess
what he was complaining about, the very same thing.
SUPERVISOR COCHRAN: Meanwhile, Judy just passed me a note, thank
you very much. Until you can get it cancelled have one of your
neighbors pick it up. Anyone else like to address the Board? (No
response. ) If not I'll call for Board reports. Louisa, do you have
anything to report?
JUSTICE EVANS: No, but I'll see you tomorrow.
SUPERVISOR COCHRAN: Alice? Nothing to report. It's been a busy
week with the vacation, and so forth. Joe?
COUNCILMAN TOWNSEND: Today during the . morning session I made a
proposal, or we discussed a proposal for a Police Advisory Commission,
and it is something I worked on for a few weeks. Right now our Police
Budget is about four and a half million, which is a significant part of
our annual budget. We have been through a staffing crisis, as many of
you are probably aware of. It's been debated, and there's been
roadblocks, and now we've been able to hire some people, and we will
probably be hiring a few people more. Based on a very cursory look at
what the implications of that are to our Budget in five years, there's
some surprising figures that come up. We will be increasing our police
budget, if we do nothing else, by a million and a half in the next five
years. In my opinion it's time we took control of that process, or we try
to institute procedures that will help us gain control of that rapid
escalation. The Committee on Local Taxes pointed out that, that is where
the increase in town taxes have come from. It's been labor costs, and
there's been effective unions, and maybe not so effective management, and
last year we had a analysis done of police procedures, and costs, and
there was some suggestions made, both in things that we could do, and
things that we couldn't do. I propose that this committee look at that
analysis, and they also look at a proposal that was made by Lieutenant
Conway for changes and additions to the police force, and see if we can
get control of this. This is not just something that we should do for the
Police Department. I think all of us agree this is something we should
look at for every department in town, but because that's the biggest I
think that's where we should start. We're meeting in the Police Committee
next week sometime to discuss this, and the first. task I'd like to do is
482 JULY 9, 1996
really look at this detailed analysis .of what this is going to mean to
US. I made several suggestions. I hoping that we can come to a good
procedure for controlling this.
SUPERVISOR COCHRAN: I think we all agree that we should head in this
direction,, Joe. Ruth?
COUNCILWOMAN OLIVA: I just hope everybody had a nice Fourth of July .
weekend. It was a lovely weekend for a change, and today we are almost
back to where we usually are.
SUPERVISOR COCHRAN: I have several things to share with you. Louisa
said she would see me tomorrow. We are traveling over' to Fishers Island
tomorrow with members from the State, members from the County, our own
people. The Emergency Preparedness Plan, that is now in effect for
Fishers Island we feel is insufficient, so we will be developing a new
plan for evacuation, in case of an emergency, not necessarily Millstone
and the nuclear plant, but an emergency in general, and so we will begin
work on that tomorrow. Also, I attended the East End Supervisor's
Meeting last week, and as I had reported earlier the planners from the
five East End towns, at my recommendation to the group, I felt that it was
important that they meet, and we begin to look at transportation on a
regional basis. They did get together, and had their first meeting, and
they gave to the East End Supervisors, and Mayors, a report. It was
.agreed by all of us that these people should continue working because our
traffic problem is here to stay, and anything we can do in relation to
regional traffic planning is something certainly that we should all look
at, and work together on. One other little note, I had a phone call from
one of our people in town, and they said that the Wine Spectator, which
guess is a magazine, there is an article in there, 7/31, it's an eight
page spread on the North Fork, and sometimes it's kind of nice to read
about the North Fork, and see how someone else interprets what we
have. That's all I have to report at this time. I would like to thank
you for joining us, and hope to see you at our next meeting. May
have a motion to adjourn?
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it
was
RESOLVED that the Town Board meeting be and hereby is adjourned at
5:05 P.M.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor.., Cochran.
This resolution was duly ADOPTED.
Judith T. Terry
Southold Town Clerk