HomeMy WebLinkAboutTB-10/29/1996 171
SOUTHOLD TOWN BOARD
OCTOBER 29, 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 :00 A.M. - Paul Hale, spokesperson for a group of residents from the Goose Creek
Beach, Southold, area, met with the Town Board to express their concern with the
destruction of private property, trespassing, littering, noise, reckless driving,
and generally unacceptable behavior by young people that congregate at the beach
and in the parking lot. Commodore Peter Young of the Southold Yacht Club, the
property adjacent the beach, and yacht club member Joseph Sullivan, also conveyed
their concerns to the Board, suggesting that perhaps the area could be fenced off
after 10:00 P.M. , as one means of solving the problem. Supervisor Cochran stated
that she has begun working with Superintendent of Highways Jacobs in an attempt
to work out a plan for the area, and will invite Chief of Police Conway to meet with
the Town Board. Supervisor Cochran said that the problem is not unique to Goose
Creek Beach, the problem exists at at least one beach in each of the hamlets of the
Town. If the youths are chased from the Goose Creek Beach, they will go to
another beach, so that is not solving the problem Town-wide. The residents were
invited to join the Town Board when they meet with Chief Conway.
10:00 ..A.M. - Harry Davitian, President of Entek Power Services, met with the Town
Board to make a presentation on competitive power services for local governments.
Mr. Davitian proposes to represent the Town in regulatory and legislative hearings
dealing with retail competition, conduct competitive bids to secure reliability, low
cost power supplies. There would be no fees or charges before actual deliveries
of electricity. The Board took the proposal under advisement.
10:30 A.M. - A group of homeowners' and residents of Elijah's Lane, Mattituck, met
with the Town Board to protest the construction of homes in Elijah's Lane Estates
with affordable homes costing in the price range of $142,000.00. Supervisor Cochran
and Executive Assistant James . McMahon explained to the group that the property
is an approved., -filed subdivision. The homes are to be constructed 'by developer
George Wieser, and .the purchasers will receive a $25,000.00 per lot subsidy. The
residents argued that homes already constructed are not up to their esthetic
standards, and will devalue their property. Supervisor Cochran asked them to have
patience. She believes the new homes will be a credit to the neighborhood and there
will be pride in ownership by the new homeowners.
EXECUTIVE SESSION
11 :55 A.M. - On motion of Councilwoman Oliva, seconded by Councilwoman Hussie,
it was Resolved that the Town Board enter into Executive Session to discuss the
Greenport Village litigation in a telephone conference with the Town's Special Counsel
Jonathan Rosner. 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.
12 :45 P.M. - Recess for lunch.
E 1
1 /`2 OCTOBER 29, 1996
2 :00 P.M. - Work Session reconvened and• the Town Board discussed the following
items : Letter from Legislator Michael Caracciolo asking the Town Board's assistance:
in helping Walsh Park Benevolent Corporation purchase a home on Fishers Island.
This matter will be held for two weeks to give Town Attorney Dowd an opportunity;
to speak with Legislator Caracciolo and find out exactly what action he expects from
the Board.----The Board placed two resolutions (24 S 25) on the agenda to express
their interest in acquiring two Suffolk County tax sale parcels.----A resolution (26)`
was placed on the agenda to appoint Erich Haesche as a member of the Southold''
Town Landmark Preservation Commission.----Memorandum from Town Attorney Dowd
concerning protection of agricultural .development rights by explicitly spelling out
the rights and duties associated with such purchase. The memo will be referred
to the Land Preservation Committee for their recommendations.----Data Processing
Equipment Operator John Sepenoski met with the Board to explain a budget.
modification (resolution 9) to appropriate funds for the upgrade to the AS/400
operating system.----Councilwoman Hussie advised the Town Board that it is the
recommendation of the Solid Waste Task Force that Dvirka and Bartilucci Consulting
Engineers and Barton 8 Loguidice, P.C. prepare the municipal solid waste transfer.
station proposals.----A resolution (27) was placed on the agenda approving`
attendance at the Association of Towns meeting in February, 1997.----A resolution
(28) was placed on the agenda to ratify the waiver of tipping fees for disposal of
storm debris.----Resolution no. 29 was placed on the agenda allocating 1996 Grant,
Program funds to the Fishers Island Conservancy, Inc. to support their efforts to
prevent further dumping of hazardous waste into Long Island Sound waters.
3 :25 P.M. - Town Board reviewed -the resolutions to be voted on at the 4:30 P.M.
Regular Meeting.
3 :50 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on October
29, 1996, at the Southold Town ' Hall, Main Road, Southold, New York.
Supervisor Cochran 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 Laury L. Dowd
SUPERVISOR COCHRAN: May I have a motion to approve the audit of the
bills for October 29, 1996?
OCTOBER 29, 1996 7
Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $351,631 .12; General Fund
Part Town bills in the amount of $10,113.17; Highway Fund Whole Town bills
in the amount of $59,237.09; Highway Fund Part Town bills in the amount of
$21,295.00; Capital Projects Account bills in the amount of $20,940.00; Ag
Land Development Rights bills in the amount of $122,307.97; Hashamomuck
Pond Drainage bills in the amount of $9,555.02; Seaview Trails Capital
Fund bills in the amount of $173,252.00; Sweeper & Payloader Capital bills
in the amount of $140,804.80; Fishers Island Metal Dump Capital bills in the
amount of $26,915.00; Yard Waste Compost Capital bills in the amount of
$64,500.00; Employee Health Benefit Plan bills in .the amount of $28,058.04;
Fishers Island Ferry District bills in the amount of $24,118.00; Southold
Shores Road Improvement District bills in the amount of $8,157.52;
Shorecrest at Arshamomaque bills in the amount of $46,417.68; Land's End
Road Improvement District bills in the amount of $101,103.42; Refuse &
Garbage District bills in the amount of $189,426.03; Southold Wastewater
District bills in the amount of $1,144.59; Fishers Island Sewer District
bills in the amount of, $732. 12; Southold Agency & Trust bills in the amount
of $2,454.48; Fishers Island Ferry District Agency t Trust bills in the
amount of $781 .44.
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 October 15, 1996.
Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the minutes of the October 15, 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.
SUPERVISOR COCHRAN: Next Town Board, Tuesday, November 12, 1996.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the- next meeting of the Southold Town Board will be
held at 7:30 P.M. , Tuesday, November 12, 1996, at the Southold Town
Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR..:COCHRAN: I have a very special honor today. We give
proclamations throughout. the year, and this is School Board Recognition
Week, so we'd like 'to present to the different schools acknowledgement of
that, and schools have a warm special place in my heart. I started many
years ago, and began some of my community work as President of the PTA
here in Southold. We supported the school, and like to believe that' we
brought some good programs. At that time we had the Youth Activities. We
had a yearly play that we would put on, that was really kind of honky and
Americana, but we all thought we were stars. It was nice unifying of the
town and the community. I feel that, that is still important in today's
place, and we certainly do as a Board recognize the work, and what the.
school systems bring to the community. So, on that I would like to make a
presentation of proclamations. Representing Fishers Island is Judge Louisa
Evans. Louisa, would you, please? And then we have Gary Charters, a
member of the Board for Greenport High School. I have Nina Papish,
Board member from Laurel School, then we have William Ruland from
Mattituck-Cutchogue School. Come on us, Bill. Then we have Annetta
Nordinger from New Suffolk School. We have Southold School Marc
Wiederlight as Board - member, and Linda Goldsmith from Oysterponds
School Board. I would like to read the proclamation.
1`7 4 OCTOBER 29, 1996
Moved..by SUPERVISOR COCHRAN, seconded by the Entire Town Board,
WHEREAS, an annual observance celebrated in school districts throughout
the Empire State is SCHOOL BOARD RECOGNITION WEEK: and
WHEREAS, school board members are an invaluable resource as local
decision makers responding to community needs on various local conditions;
and
WHEREAS, school boards are the voice of their communities, serving the
interest of school children and preparing them for the future; and
WHEREAS, school boards continually strive for improvement and progress
in education, with an understanding of the need for commitment to growth in
New York's public education; and
WHEREAS, members of New York's local Board of Education have earned
deserved commendation and appreciation for their dedicated service to the
people and children of our .state, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby proclaims
OCTOBER 28 to NOVEMBER 1, 1996 as SCHOOL BOARD RECOGNITION-
WEEK IN THE Town of Southold; and be it further
RESOLVED that the Proclamation is hereby dedicated to the FISHERS
ISLAND SCHOOL BOARD, OYSTERPONDS SCHOOL BOARD, GREENPORT
SCHOOL BOARD, SOUTHOLD SCHOOL BOARD, NEW SUFFOLK SCHOOL
BOARD, MATTITUCK-CUTCHOGUE SCHOOL BOARD and LAUREL SCHOOL
BOARD.
Dated: October 25, 1996.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: On behalf of the Board congratulations. You do
work in servicing the community. This is a new format, and you're the
first people, I think, to receive this. Thank you for coming. We used to
give this away in a frame, and now we have done it in a folder, which we
think is kind of nice, and you are the first recipients of this system we
have. It's given with great sincerity, and thank you on behalf of the Town
Board.
GARY CHARTERS: On behalf of the members of the Board of Education,
the facility, and the staff, and the students from the Greenport School
District, thank you very much.
NINA 'PAPISH: I would . like to say on behalf of our school board that we
appreciate this very much, and also, Happy Birthday to you.
SUPERVISOR COCHRAN: Thank you very much.
COUNCILWOMAN HUSSIE: Jean, I have separate special presentation. I
have nothing to give you. I don't have a frame. I don't have a funny little
anything,- but on behalf of the Board, the Town Board, even though you
have been; wished a Happy Birthday all day, I want to make this one
official. Happy birthday; and congratulations.
SUPERVISOR COCHRAN: Thank you very much. You are in trouble
because your birthday is two weeks from today, and that happens to be a
Board meeting day.
I . REPORTS.
SUPERVISOR COCHRAN: The reports have been filed with the Town Clerk,
and are available for the public to review at any time during business
hours. That's public information.
1 . Southold Town Animal Shelter Monthly Report for September, 1996.
2. Southold Town Planning Board Office Monthly Report for
September, 1996.
OCTOBER 29, 1996 1-75
I .-. Moved by Councilwoman Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the resignation of Ann Morris, temporary Clerk Typist in the Building
Department, effective October 18, 1996.
1 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
2 .- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
resolutions no. 10, adopted on September 17, 1996, and no. 14, adopted on
October 1, 1996, granting permission to Accounting E Finance Department
employees to attend computer training.
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 Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Senior Accountant John Cushman, Personnel Assistant
Barbara Rudder, Principal Account Clerk Connie Solomon, and part-time
Account Clerk Annette Jordan, to attend a SkillPath one-day seminar on
using Microsoft Office, to be held on Thursday, December 19, 1996, at
Melville, N.Y. , and the $59.00 per employee, plus use of a Town vehicle,
shall be a legal charge to the Accounting' S Finance Department's 1996
budget.
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 Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Town Clerk to advertise for resumes for two (2) new members
for the Conservation Advisory Council to fill the vacancies created by the
resignations of Alan S. Connell and John J . Hagerty III .
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 accepts
the resignation of Stella Bertolini, EISEP Aide for the Human Resource
Center, effective October 15, 1996.
5.- 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 six, a budget modification, we are holding.
7.- Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Raymond Cleaves Post 861 American Legion, Mattituck, to use
the following Town Roads for their Veteran's Day Parade, commencing at
11 :00 A.M.; Monday, November 11, 1996, provided they file with the Town
Clerk a One Million Dollar Certificate of Liability Insurance naming the
Town of Southold as an additional insured: Pike Street, Westphalia Road,
Sound Avenue, Love Lane.
7.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
_Supervisor Cochran.
This resolution was duly ADOPTED.
OCTOBER 29, 1996
8.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1996 budget to appropriate donated funds for
the Tasker Park Playground Improvements:
Revenues: Gifts and Donations
Other Donations $ 2,000.00
Appropriations: Parks
Equipment
Tasker Park Playground $ 2,000.00
8.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
9.-Moved by Councilwoman Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1996 budget to appropriate funds for the
upgrade to the AS/400 Operating System:
To: N
A.1680.4.400.559 Central Data Processing
Contractual Expenses
AS/400 Release Upgrade $ 20,000.00
From:
A.9015.8.000.000 Police & Fire Retirement
Employee Benefits $ 20,000.00
9.-Vote . of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
10.-Moved by Councilman Townsend, seconded -by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Lawrence Healthcare Administrative Services, Inc.
to pay the medical bill of Nancy McCarthy, which bill was submitted by
the provider more than 90 days after service.
10.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
11 .-Moved by Supervisor Cochran, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of Allan S. Connell, Chairperson of the
Southold Town Conservation Advisory Council, effective October 21, 1996.
11 .-Vote of the Town Board: Ayes: Councilman Moore', Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
12 .- Moved by Counci'Iman Moore, seconded by Councilwoman Oliva,
.WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 15th day of October, 1996, a Local Law entitled, "A Local
Law in Relation to New Residential Uses"; and
WHEREAS, this Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning for their
recommendations and reports; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday,
November 12, 1996, Southold Town Hall, 53095 Main . Road, Southold, New
York, as time and place for a public hearing on this Local Law, which reads
as follows:
OCTOBER 29, 1996 177
A Local Law in Relation to New Residential Uses
BE IT ENACTED, by the Town Board of the Town of .Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-13 is hereby amended by adding the following definitions:
LIFE CARE COMMUNITY
A structure or series of structures desioned to crovide.
oursuant to a life care contract. a cornorehensive. cohesive
livina arrangement for the elderly in accordance with a license
pursuant to New York Public Health Law. Artic;e -16. A Life Care
communitv may include a Iona-term Continuing Care facility
as an intearal but accessor/ Se^/Ice for residents of he Life
Care Communitv.
CONTINUING CARE FACILJT'(
An institution that is licensed to orovide health care under
medical supervision to in-oatients. The facility crovides
continuing, skilled nursing care on a long-terra. extended
basis. lV12v be otherwise known as a nursing hcme. cr hoscice.
HEALTH CARE FACILITY
A structure and premises regulated by the State of New York
and used to orovide an integrated range of medical and or
surgical services. orimarily for in-oatients on a 24 hour basis.
Health services may require surgical facilities. therapeutic
and diagnostic eauiument rooms, counseling facilities;
convalescent care eauioment and trauma care services.
Out-oatient clinics and other forms of ambulatory health
Care facilities may exist as accessory and integral services
to the in-oatient services. Supporting or accessory uses
may include a kitchen for oreoaration of oatient meals. cafeteria
or snack/coffee shop for employees and visitors. aift shoo. laundry,
pharmacy and staff offices (for bookkeeping, administration.
medical records. etc.) Mali be otherwise known as a aeneral or
specialized hospital, or a rehabilitation center.
HISTORICAL SOCIE i(
An institution devoted to the oreser/ation of information. artifacts.
structures 'and other evidence of a human community or enterorise
that existed in the oast.
CHILD CARE
A residential structure and property used orincipally as a
residence, where child care is provided by the resident for a
total of five (5) or fewer children other than those of the
caregiver. This use must be in accordance with the regulations
aovernina HOME OCCUPATIONS in this Zonina Code.
1 C� OCTOBER 29, 1996
2. Section 100-31(13) 5 is hereby amended by deleting and adding the
following:
(5) Philanthropic, eleemosynary or religious institutions,
hespitals;-n���ir�g-�r��?sf-herr�es-sr gar-,itariums--fer-ger�er�l-�ediea{
saw- health care. continuina care, and life care facilities, bvit
excluding facilities for the treatment of all types of drug addiction,
subject to the following requirernerits:
3, Section 100-31(B) is hereby arnended by adding the following:
5. Historical Society.
�. Section 100-31(C) is nerebv arnended 'ov adding -he -cllcwino:
i 1. Child Care.
5. Section 100-42(A) is hereby aniended by addin the following:
(3) Continuing Care Facility and Life Care
Community.
6. Section 100-42(B) is hereby amended by adding the following:
(4). Health Care Facilities.
7. Section 100-42(C)(1) is hereby amended by adding the following:
(1) Accessory uses as set forth in and regulated by
§100-31 C(1) through (7) and (9) and (11) of the
Agricultural-Conservation District, and subject to
conditions set forth in §100-33 thereof.
I t . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Overstrike represent deletions
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 Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute the agreement
between the Town of Southold and the Civil Service Employees Association,
Inc. , Local 1000, AFSCME, AFL-CIO, for the period of January 1, 1996
through December 31, 1998, all in accordance with the Town's negotiators,
Labor 'Management Associates.
13.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
OCTOB'ER 29, 1996 9
14.-Moved by Councilwoman Hussie, seconded Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Lawrence Healthcare Administrative Services, Inc.
to pay the medical bill of Carlisle Cochran, which bill was submitted by the
provider more than 90 days after service.
SUPERVISOR COCHRAN: I would just like to say that I will recluse myself
from this vote, because it involves my husband's insurance, so I won't vote
on it.
114.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie.
This resolution was duly ADOPTED.
15 .-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Supervisor Jean W. Cochran to sign the 1996 Local Waterfront
Project Agreement for funding under Title II of the Environmental. Protection
Fund - Town of Southold Natural Resources Restoration and Protection Plan
- Implementation.
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 Councilman Moore, seconded by Councilwoman Hussie,
WHEREAS, Section 64 of the Town law requires the Town Board to
designate, by resolution, banks in the State in which the Supervisor or
other officers of the Town shall deposit all moneys coming into their hands
by virtue of their office;. and
WHEREAS, the Town Board may require any bank, so designated, to
deposit with such Board bonds or certificates of the United States, of the
State of New York, such security for such funds so deposited, but such
bond or certificate shall be subject to the approval of the Town Board, and
shall be deposited in such place and held under such conditions as the Town
Board may determine; now, therefore, be it
RESOLVED that the following banks are hereby designated for fiscal year
1996-97 as depositories for the Receiver of Taxes, with the following
securities required as collateral for such cash balances in said banks:
Bridgehampton Nation Bank $5,000,000.00
North Fork Bank $5,000,000.00
AND BE IT FURTHER RESOLVED that the Receiver of Taxes is hereby
authorized to execute Collateral Agreements between the Town of Southold
and Bridgehampton National Bank and North Fork Bank and their Third
Party Custodial institutions, all in accordance with the approval of the
Town Attorney; and be it
FURTHER RESOLVED that the authorization for increase and decrease of
securities sh-all.be subject to the approval of the Receiver of Taxes.
16.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran:
Thi.s resolution was duly ADOPTED.
17 .- 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 $70.00 to Our Lady of Grace Church, Fishers Island,
which sum represents twelve (12) Bingo occasions under their License No.
3973, which have been cancelled due to lack of attendance.
17.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
. .1 8 0 OCTOBER 29, 1996
Move d by Councilwoman Hussie, 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 James S. Reyburn as a part-time deck hand,
effective immediately, at a salary of $7.50 per hour.
18.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
19.-Moved by Councilwoman Oliva, seconded by Councilwoman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby requests
the New York State Department of Transportation to conduct a traffic survey
on Elijah's Lane, Mattituck, for the purpose of reducing the speed limit to
30 mph.
19 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
20.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of the National Association of Drug-Free Employees, Inc.
(NADE) to amend their current contract with the Town to continue
providing services to the Town for 1997 under the same commercial terms
and pricing that was in place in 1995/96.
20.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
21 .-Moved by Councilman Moore, 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 North Fork Housing Alliance for the
Suffolk County/Town of Southold Home Investment Partnership Program, for
an allocation of $240,000.00 to provide first time homeownership assistance
in conjunction with established HOME Program guidelines.
21 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
22 .-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute Amendment #3
to the agreement between the State of New York, Office of Mental
Retardation. a.nd Developmental Disabilities Service Office and the Town of
Southold for the Town's .100% Day Training Contract #C013038, for the period
of January 1, 1997 through December 31, 1997, for funding in the amount of
$8,112.00; all in accordance with the approval of the Town Attorney.
22.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
23.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva,
WHEREAS, Flower Hill Building Corporation has heretofore applied to. the
Southold Town Board for a change of zone on certain property located on
the north side of Main Road (NYS. Route 25) and east side of Ackerly
Pond Lane, Southold, N.Y., SCTM#1000-69-03-010.001, consisting of 27.15
acres, from Agricultural-Conservation (A-C) District to Low-Density
Residential R-40 District; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby declare
itself lead agency in regard to the State Environmental Quality Review Act
in the matter of the petition of Flower Hill Building Corporation; and be it
FURTHER RESOLVED AS FOLLOWS:
OCTOBER 29, 1996 ..�
1 . That pursuant to the provisions of Article 8 of tiie Envirorr►►rental
Conservation Law; Part 617 of Title 6 of the New York State Codes, Rules and
Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board
does hereby determine that the action proposed is unlisted and is likely to have a
significant effect on . the environment. This determination is issued in full
consideration of the Criteria for Determination of Significance contained in 6NYCRR
Part 617.7, the Long . Environmental Assessment Form Parts I and 11 , and the
following specific reasons:
a) Although the project is an Unlisted action, it will cause a significant
increase in the allowed density of land use on the project site,
potentially doubling the number- of biomes which could be constructed
on the parcel.
b) As the project sponsor has based the request for a change of zone on
the presence of an Affordable Housing District (AHD) to the
northeast, granting of the request would set a precedent for higher-
density development of other- R-80 Residential and A-C lands which are
adjacent to the AH District. Thus, the proposed change of zone is
likely to precipitate requests for increased densities on other parcels,
and could result in impacts throughout the Town.
c) Tile proposal is inconsistent with tiie stated Land Use goals of the
Town, which seek to preserve open space and prime agricultural lands
through the use of the A-C zoning designation. As development at
the proposed density is unlikely to allow preservation of significant
open space, the action would permanently remove the prime soils found
on the subject property from cultivation.
d) Tiie subject parcel contains a NYSDEC regulated wetland, which is
part of the Jockey Creek watershed. The proposed action will
increase development pressure and the potential impacts to this small
wetland.
e) The subject parcel contains areas of steep slopes as well as two
swales, The proposed action is likely to increase the potential for
erosion, alteration of existing drainage, and other topographic impacts.
f) The depth to groundwater beneath the site is approximately 3 to 31
feel. The northern portion of tiie site Dias more than adequate depth
to groundwater to support residential development; however, tiie depth
to groundwater on the southern portion will present constraints for
sanitary system location and design. -file higher density which would
result from the proposed action would increase development pressure,
and thus might result in groundwalf;r impacts clue to the limited depth
to groundwater.
g) The proposed action would result in an increased loss of wildlife
habitat, as the proposed density is unlikely to allow preservation of
significant open space on site.
h) The proposed action would result in visual changes and other aesthetic
impacts on the rural character of the Town.
i) The proximity of the site to Jockey Creek suggests that prehistoric
resources might be present. Thus, the proposed action may have an
impact on archaeological resourc(-s, if determined to be present.
j) The.: proposed action will have an impact on demand for community
services such as those provided by the sc hool, police and fire
districts, and traffic levels oil adjacent roadways will also increase,
particularly given the potential increase above current zoning .
2:. The Towne Clerk shall file and circulate such determination as required
by the aforementioned law, rules and code.
3. The Town Clerk shall notify the applicant, Flower Hill Building Corporation,
of this determination, and further request said applicant to prepare a Draft
Environmental impact Statement, all in accordance with said law, rules and code.
4 . In accordance with Chapter 44, Section 20, and Part 617 NYCRR, the
applicant is required to defray the cost of reviewing the Draft Environmental Impact
Statement, which includes a scoping session, therefore, the Town Board determines
that deposit of $2, 000.00 shall be paid to thc! -fc►wn Clerk prior to the date of the
scoping session.
23.- Vote of the Town Board: Ayes: Councilmani Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
P 2" OCTOBER 29, 1996
24.- Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the purchase of Suffolk County tax sale parcel
#1000-113-14-0111, 4.2 acres of vacant land located on the east side of Cox
Neck Road, Mattituck, N. Y.
24.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
25.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it as
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the purchase of Suffolk County tax sale parcel #1000-056-01 .034,
a 2.34 acre parcel of land known as Pond Lane, Southold, New York.
25 . - Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman. Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
26 .- Moved by Councilman Moore, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Erich Haesche as a member of the Southold Town Landmark Preservation
Commission, effective immediately through April 5, 1997, he to serve without
compensation.
26.- Vote of - the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
27.- Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission' to the following elected or appointed officials to attend the
Annual Meeting of the Association of Towns in New York City on February
16, 17, 18, 19, 1997: Supervisor, Councilpeople, Town Clerk, Town
Justices, Receiver of Taxes, Solid Waste Coordinator, Justice Court Clerks:
and be it
FURTHER RESOLVED that the Board of Assessors, Town Attorney and
members of the Board of Appeals and Planning Board are granted permission
to attend the Annual Meeting of the Association of Towns on a day trip basis.
27.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
28•- Moved by Councilman Moore, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby ratifies
the waiver of tipping fees for accepting leaves and brush at the Disposal
Area from''October 21-26, .1996.
28 .- Vote of the -:Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, ' Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
29•- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates
$5,000.00 from the 1996 Grant Program funds to the Fishers Island
Conservancy Inc. to support their efforts to stop dumping of toxic waste in
Long Island Sound.
29•- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was.duly ADOPTED.
OCTOBER 29, 1996 1 8-3
30.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Raymond Van Etten as a Southold Town Police Sergeant, fro the Suffolk
County Department of Civil Service Certification of Eligibles, effective
November 1, 1996, at a salary of $68,542.00 per annum.
30.- 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: What is usually the official presenting of the
Sergeant's badge, may we have you come forward? It's pretty much
tradition in Southold, when police officers move up in the ranks, that we do
a little , formal presentation. Shannon and Erin, Mrs. Etten, let's
have the whole family. Would you like to present him with his sergeant's
badge on behalf of the Town Board? We congratulate you, and look
forward to you doing a good job for us, and being a part of the department
as sergeant, so congratulations. I want you to know this badge has been
worn by a pretty good guy. This is temporary until they can order your
permanent badge, but this is my son, Ty's badge. So, congratulations
again, and best wishes on behalf of the Board.
SERGEANT VAN ETTAN: Thank you very much.
SUPERVISOR COCHRAN: We have one more resolution, but we can't act
until after the hearing, and it's too early for the hearing. Maybe we'll
start with any comments from the Board, but we will stop at 5:00 o'clock for
public hearings. We do have seven or eight minutes. I could share some
things with you at that time. In fact, we'll go a little out of order, and
ask if there is anything that the Town Board wants to share with you. Joe,
starting with Mr. Townsend? Okay. Ruth?
COUNCILWOMAN OLIVA: I would just like to explain a little bit about the
Local Waterfront Project agreement for the Natural Resources Restoration and
Protection Plan implementation. We had received a grant for $15,000 for
the planning of the improvement of some our road ends for natural habitat
protection, for road runoff, and so forth, and now we just received a grant
of $42,000 to put some of these plans into operation. So, the stairs at
Rocky Point Road will be repaired. The bulkhead at Skippers Lane in Orient
will be repaired. The road end at Youngs Road in Orient will be fixed up,
so that there is less of a runoff problem, and Jim helped me out. Sandy
Beach Road will be improved. These are all very good things. We have
been able to get this money from the State because we are involved in our
Local Waterfront Revitalization Program. I'm happy to say that I think that
is moving along very nicely. Thanks.
COUNCILMAN TOWNSEND: I had forgotten something. You had asked me
to stand in for. you at the dedication of the Robert Perry Day Care Center,
and it went very, well. 1 thought I would report to the Board that there
was some very moving tributes to the late Reverent Perry that died at a
young age, and the facility is very nice, and it's a real testament to both
Reverent Perry, and the community, that was responsible for it's building.
I was pleased to do it.
SUPERVISOR COCHRAN: Thank you very much for doing it, and
representing the Town Board, Joe. I appreciate it. Louisa?
JUSTICE EVANS: I would like to thank the Town Board for giving the
grant to the Conservancy.
SUPERVISOR COCHRAN: It will be well spent I'm sure. Alice?
COUNCILWOMAN HUSSIE: Nothing at this time.
SUPERVISOR COCHRAN: First I would like to share with you that Southold
hosted the East End Supervisor's meeting this past month last week, and it's
of Mayors and Supervisors from the East End. We hosted for lunch, and
then they have a program. The program was the DEC in relation to the
problem with the deer. Maybe you have been reading over in North Haven,
and in fact all along the South Shore they are having a very serious
-8 4 OCTOBER 29, 1996
problem, because there is lack of control on the herds. There is a bow
season. You have to have a certain amount of land for putting these
different hunting seasons in effect, and the North Shore you have a
nuisance permit, which is usually obtained by farmers when the deer are
eating all their vegetation, and they are allowed to shoot them. But, it's
becoming more and more of a serious problem according to the DEC.
There's been nature groups that are now fully supporting the fact that we
are going to have to begin to do something as far as the herd numbers are
concerned. I also had the opportunity during the week as a part of another
function to go over to Robins Island, and they used to have 200 deer on the
island, and they controlled the herds, that they are now down to 20, but
they do not have any foliage from the ground up at least six feet, and this
is the same thing in North Haven, and places on the South Shore. There is
no foliage whatsoever up to the six feet, and the feeling is by your nature
people; and your environmentalists is that as these older trees die you are
not going to have any growth or wood area at all in these areas, and they
also shared that they find that the deer, as they have Lack of food in one
spot they must have like a territory, which they maintain from mother to
fawn, so they usually don't go out of that territory to look for additional
food. They only stay within a given territory. On the island in the first.
year over there before they started thinning out, there were forty-five deer
that just . died from starvation, so it's a combination of control of the
herd, which is beneficial to all, but we're going to have to also as a
community begin, maybe, to look at this. I did ask the DEC to send me
some information. All of the East End towns are very concerned. In fact
more than the East End towns, Fishers Island, and so forth, and you
certainly are not helping the deer population by just letting them stay
there, and starve to death through the winter. So, there are some controls
the DEC feels is going to have to be put in place in the future. It was a
very interesting presentation, and I can say that I learned quite a bit
about preserving and maintaining the size of the herd. I, also, had the
pleasure this past week, the Secretary of State Sandy Treadwell, in
serving on a committee with him he said, Jean, I'd love to come down
sometime, and tour the vineyards, and the wineries, because I know very
little about wine making. So, I said, we'd be very happy to have you. He
and his wife, Libby, came down, and this past week with my husband, and
his wife, Libby, and several other people, we toured the vineyards, at least
some of them in Southold Town. We wished we had time for all of them. We
did extend an invitation for him to come back. We did that in the morning
after coffee, and coffee cake served here, fresh homemade coffee cake made
by my staff. They are good people. From there we went the vineyards, and
then we had lunch with John Ross, who served local food as far as oysters,
and mussels, and this kind of thing. Then we had the tour of Robins
Island, and that's where I became familiar with the foliage, and the
undergrowth. I mean there is none. You just look clear through the woods,
because the deer have destroyed it all. This first year without the number
of deer over there it's beginning to grow a little bit more, but we had the
tour of Robins Island, and then we came back over, and did one or two
more vineyards, and I would like to thank those that we did visit. They
were very kind and generous. It was a very nice day, and I .gave the
Secretary the opportunity to know a little bit more about Southold, and to
realize the importance of the vineyards to our economy. It was a good time.
It's five o'clock. We will have a motion to adjourn for the hearing.
Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that a recess be called at this time, 5:00 P.M. , for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Reconvened at 5:22 P.M.
SUPERVISOR COCHRAN: Since there was no opposition to the law we will
go for Resolution #31 .
OCTOBER 29, 1996 1"
31 .-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 15th day of October, 1996, a Local Law entitled, "A Local
Law in Relation to Parking - Goldsmith's Inlet; and
WHEREAS, the Town Board held a public hearing on this Local Law on the
29th day of October, 1996, at which time all interested persons were given
an opportunity to be heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 19 - 1996,
which reads as follows:
LOCAL LAW NO. 19 1996
A Local Law in Relation to Parking - Goldsmith's Inlet
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 65 (Parking at Beaches) of the Code of the Town of .Southold is
hereby amended as follows:
Section 65-2A(6) is hereby amended by adding the following:
(6) Parking area located at the terminus of Mill Road,
-Long-I-siand- Sound-r and both sides south on
Mill Road to the intersection of Second Avenue,
Peconic, known and referred to herein as "Goldsmith's
Inlet Beach".
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Overstrike represents deletions.
31 .-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: Actually all this is, is the fact that we were
enforcing up there as far as parking is concerned, and through some
research we found that is was not in the Code. We were enforcing something
that was not in the Code, so now we placed it in the Code, and we shall
continue to enforce it. Now, we are legal. Is there anyone that would like
to address the Board on any topic, or issue, that you would like to share
with us? Mr. Siegmann?
ED SIEGMANN: I would assume all of you read the letter in the
newspaper that was put in by Linda Goldsmith.
SUPERVISOR COCHRAN: Linda was here earlier.
ED SIEGMANN: I think she has some pretty good ideas. I think if we
look at what we're 'faced with in Southold this coming year, and possibly the
year after, because of all the tax increases we're going to get for the
different things that are needed for extensions of schools, for the
libraries ' wanting to expand, and for the 2 million dollar bond issue for
open space for buying the development rights, the wish of the Town Board
from what I understand. for seeking the possibility of having a pool, the
possibility of the Town Board for the Town Hall needing more space, the
possibility of having to look for space for your courthouse. All these
things .put together are going . to become a terrific burden on the people in
Southold. As we look around and see some of the things that are taking
place I see a lot of duplication. A shining example is in where we already
pay taxes for the community center on Peconic Lane I, now, see that the
libraries all want to build extra meeting halls to entertain the same sort
of programs that we're paying taxes for in Peconic Center. Looking at those
things, and seeing how there is a repetition of things taking place, and
even the fact that the libraries are going into programs, that are really
teaching programs. For example, when they have class on genealogy, when
they have a class on English as a second language, and all of these
programs I'm sure can be handled in the schools. In fact, two of the
programs that I just mentioned, I went to the Mattituck School today, and
asked them if instead of this being held in libraries and places like that,
if they wouldn't make the space available for these people to hold the
programs in school, because already at night they have adult programs, and
the school is open. Their answer was that they were willing to make room
for these people as long as they are non-profit organizations. If they are
organizations were somebody is making a profit out of it, then they have to
be very careful what they permit them to do in schools. I have been
1 8 6 OCTOBER 29, 1996
assured by the two that I was interested in, two programs that I just spoke
about, I've been assured by them that these are strictly voluntary
programs, nobody gets paid and that, and Mr. Ellwood told me to have the
gentleman who is interested in running these programs call him up, and he'll
see what he can do for him. I'm positive that if this were looked at for
many of the other programs in these libraries you wouldn't have to have
extensions on some of these libraries, and I want to talk mainly about the
one in Mattituck now, because the one in Creenport I don't know enough
about. In Mattituck where they say it's necessary to have a meeting room
built to maintain 125 people, I don't know when I ever see meetings down
around Mattituck that are 125 people. When the meetings get above fifty
people or seventy people, because the town has held some down there
already, the Suffolk County has held some down there already, they are
always held in the auditorium of the school. They are not held in the
library, and for us to start paying taxes for duplication of these make
absolutely no sense to me at all . I could go down a whole list of programs,
that these places are running that can be held, and are already being held
at other places. The wife and I went to 55 Alive training a few weeks back,
two Tuesdays in a row. The library shuts down the children's area in the
library in order to hold those 55 Alive meetings. There was absolutely no
necessity for holding those 55 Alive meetings in there. I've been down to
Reeves down at the Community Center for the Town, and he holds 55 Alive
courses, and he said if there is anybody else that wants to run 55 Alive
classes there are days that are available down at the Community Center to
do this. This is one .of the reasons why I'm taking a look at that letter
that Linda wrote in, and I'm positive that some of the things that she says
in there, there might. have to be a change in the law in order to bring it
about. For example, how school districts would tax and would pay taxes in
one way for a central high school, and pay taxes another way for the
primary classes that are left. But, I'm always optimistic, that if people
sit down and talk that something can be worked out to solve some of these
problems. It's with that mind and thought that I'm asking you, as a Board,
to become interested in some of these things, even if it becomes necessary
to call meetings of all these libraries, and talk to them about programs,
that you already have ongoing that we don't have to wind up with it in four
different libraries, and in some of the different community centers. I just
want to explain something to you, that I witnessed a week ago Friday.
accidentally stumbled across the fact that the Mattituck Library was going
to hold a meeting to discuss the revote in Laurel, because Laurel had
voted down the extension of the library, and they voted it down on the
basis not for expanding the children's library. They were 100o in agreement
with expanding the children's library. They were in opposition to that 125
person meeting room, that the library wanted to build. Now, you have
rules in the town, that say if there is a certain amount of people that have
to meet, they have to have a certain amount of parking spaces, and the
ruling was for Mattituck Library to have forty parking spaces. In order to
accomplish the extension that they want, in order to accomplish forty
parking 'spaces, they have to tear down every tree that exists behind that
library down: there. The Town is asking us to vote in favor of a two million
dollar bond issue to save open space, and here we got taxing agencies in
our own town going to level a whole field of trees to make parking spaces,
where if they were to cut back on the amount of meeting space that they
need, because "they don't need that meeting space, if they were to cut back
on that you wouldn't have to cut all those trees down. These are the things
that I'm looking at that I'm think the town has to someway get involved in
these things. Well, I stumbled across that meeting, as I started to say,
and I walked into the meeting that they were having for discussing
revoting. There wasn't a soul in that place other than me from the
community, and asked, did you put a notice out for the community to attend
this meeting, that they could hear or get into the discussion of why you are
revoting something that was just voted down? I was told that they hung a
notice up in the vestibule of the library, so the only one that would see
that notice would the people that went into the vestibule of that library.
Nobody else in the town would see it. The meeting started and the
chairlady said, we're here to discuss the revote of the library extension
in Laurel. I said, why aren't you revoting in Mattituck. The two of them
voted on the same item. It was an equal vote. Mattituck voted separate,
Laurel voted separate, and the agreement was that if one of them turned it
back, and went down over all. So, their answer is, hey, we want it in
Mattituck, why should we revote Mattituck? We only want to revote it
where it lost. I'm asking anyone of you to run for office. If you lost an
OCTOBER 29, 1996 1 8 7
election by six votes in your election, could you come to the community and
say to the community, hey, three of you won, we'll take those? The three
that lost, we're. going to revote those three. This is what we're up
against because nobody is controlling these people. Then I sat and listened
to the following, after I said what I did about the voting in both places,
and was told, no, they are only voting, they went around the room and
polled all. of the Board members, and this is the conversation I heard. One
member said, oh, there was a library constituent of ours that walked in here
the other day, and said, hey, if I had known that there are absentee
ballots, if you revote that again I can get you five more absentee
ballots. This is the kind of conversation I heard going around that table.
I got so mad I did something I shouldn't have done. I used a curse word.
don't know there were so many puritans around that if you used the curse
word that you were going to hung for it. But, I said, I spent three years,
and I 'don't like to use this as a argument, but I spent three years in the
Pacific fighting for democracy in World War II . You are laying the foxholes..
You are laid out in places hoping that you wouldn't get hit by something,
that was being knocked overhead, and I got to come home, and listen to this
kind of democracy, being spread around, and if you vote again I can get
you extra votes? Well, they put it up for a vote again. I'm done my
damnedest to do whatever I can to see that it gets turned down. We passed
out leaflets in Laurel asking people to vote against it. But, you are
handicapped on these things in this town. You have so many people who
are able to afford these things. Then you have the group of people that
can't afford them. What do you do, keep chasing the people out of town that
can't afford to pay for these things? This is why I'm asking the Town in
some way to get some kind of control over these taxing agencies. When a
taxing agency is put up for a revote on something that was voted down
four weeks before there is something wrong. Thank you for your attention,
but I don't only want attention. I would like to see some action. Thank you.
SUPERVISOR COCHRAN: Thank you, Ed.
BILL WURTZ: I am Bill Wurtz. I'm a member of the Ad Hoc Animal
Rescue Committee. I have one question before I start. Have we gotten a
satisfactory report from the North Fork Animal Welfare League as far as
finances?
COUNCILWOMAN OLIVA: No. They have submitted one financial report, but
they did it when we had a meeting, incorrectly. They are in the process of
finding out how many animals are legal animals, and we will have that report
by the end of the month.
BILL WURTZ: This is the financial report I'm talking about.
COUNCILWOMAN OLIVA: Right.
BILL WURTZ: Okay. Over. the past several months I have attended many
of the Town.: Board meetings here. I can not befieve for the past seven
months that there has not been a satisfactory financial report. The contract
states on page eight that whereby North Fork Animal Welfare League will
provide financial reports. . Further going to page seven, paragraph H, states
that they are to fulfill any of the terms that result in a ten day notice 'of
the Town's contention to terminate this . contract. What do you think after
seven months of requests some kind of expense report, you would at least
exercise this, and force the issue to get the report? Let's keep in mind
that this is a $118,000 of taxpayers' money that is not being accounted for.
Maybe it's chunk change I don't know, when you look at a fifteen million
dollar school budget, what's a $118,0007
SUPERVISOR COCHRAN: It's a lot of money.
BILL WURTZ: It concerns me greatly and a lot of other people. There is
no excuse Mrs. Oliva. I'm tired of hearing you making excuses for these
people. Provide us with the report. There is no more excuses. We are out
of time. I mean you read in the newspaper that you are looking for a 1995
financial statement. Now you are looking for a 1996 financial statement.
The Ad Hoc Animal Rescue League does not want to be part of this
problem. We want to be part of the resolution, and a positive note as a
retired person I'm prepared to offer you time, and do what I can to help
this resolution to it's fruition. Maybe it's time for me to go visit the
OCTOBER 29, 1996
District Attorney, and have these reports subpoenaed. You don't have to
go to any accountant. This is just entries in the computer, where you can
call out the numbers. This is not a big job. I'd be willing to help you out
if I can. Thank you very much for your time.
COUNCILWOMAN OLIVA: Can I add just a little bit? 1 don't like it anymore
than you. do, but there has been discrepancies about who has how many
dogs, the pound, or the State? The accountant resigned.
BILL WURTZ: Not acceptable.
COUNCILWOMAN OLIVA: Maybe it is, and maybe it isn't, but. .
BILL WURTZ: Can you find someone to do the report?
COUNCILWOMAN OLIVA: Yes, there is now a reputable firm that has taken
over, Rehn and Fore, our own people that we use, the Town uses, and
Riverhead, that are taking it over. Everything is being coded properly.
BILL WURTZ: When will we see a report?
SUPERVISOR COCHRAN: Ruth, I don't think it's Rehn and Fore, but it
is another firm. They have hired a firm to review their books, and come up
with what we hope will be a better standard.
COUNCILWOMAN OLIVA: I think it's going to be a far. better report than
we have ever had before, because there was never a report given in 1995.
I did not see you people here raising an issue about it. There has been
changes in the Board. I wasn't aware that there was supposed to be a
monthly report in 1995. 1 was only made aware of it in January of 1996,
and I have been on the phone with these people. I have met with these
people. I've seen reports. They have not been acceptable. I've sent them
back, and asked for it. Finally,. I think there was a person that is anxious
to work with this Town Board to rectify the situation, and has initiated
some very good financial procedures that were never there before. So,
have to give this person, he is new at it, a little bit of time, at least to
the end of the month to do it. I just spoke to him last night.
BILL WURTZ: Thank you. I have serious concerns here.
COUNCILWOMAN OLIVA: I haven't seen a report from 1994.
BILL WURTZ: You want fifteen million for schools. You want two million
for land acquisition. You want to build a new pool. Who is going to account
for this money, when you can't even get an accounting for $118,0007
SUPERVISOR COCHRAN: There are different districts within the Town of
Southold. You have your library districts. You have your school districts.
You have your park districts, and each one is autonomous. We can't dictate
to them, and they don't dictate to us, because they are elected by you the
public. They are responsible to you the public, as we are responsible to you
the public. I think, and Ed, too, you have to take your fight to the
district in which it's there, and if you are unhappy with the way it's being
run, or the people, you change the people, or you change the system.
realize what Ed is saying, that it does behoove us as the legislative or the
leadership body of the community to try to pull these things together.
can't argue with that. It's a point, but we can only pull these things
together if they agreeable. Now, I plan to put Mrs. Oliva on the agenda
for next Tuesday meeting to have an update on the Animal Shelter, because
it's important that the entire Board know what's been going on. They have
gotten another C.P.A. , and we're hopeful this time that they will give us a
decent accounting. Those that we have are public information. The
problem that faces us is that, yes, we could terminate a contract maybe
tomorrow, but what do we do with the shelter? We have nothing in place to
take over the animal shelter, or to take over the running. Do we go back to
dog catchers? I saw one shoot a dog in my backyard one time. That's not
OCTOBER 29,1996 1',C
the answer either, and until we have a second vehicle for taking care of the
shelter and the animals. We are in a Catch-22 position, that we can't just
say, you're out. Okay? So, we're hopeful that with Mrs. Oliva's report
the Board will discuss it, and � begin to go in a direction because the
problem does exists. We are aware of that. We are as sensitive to it, as
you are. Hopefully we can begin on that. Mr. Siegmann?
ED SIEGMANN: Jean, I agree with you. I know that these independent
taxing agencies, and I'm not asking you to go in, and say they have to do
anything. Let me point out one thing that I want to make sure you know
before you would say anything. Three times I got in touch with the library
with Mrs. Ross, .who is the head of the Board, and Kay. Before the first
vote I said to them, 1 have a program from the people who don't like this,
that would like me, or a committee, or somebody to sit down and discuss
with you what we think should be changed in it. I went to them the day
after the vote went down. I said I'm still available to talk to you, that
. we don't bring about a disturbance in the community, I'll sit down and
show you what the people would like to see. The first time they told me
you are too late. The second time I got no answer from them. The third
time when they held the meeting that I stumbled in on, and they were
talking about revoting, I said, could you take out a few minutes, and
listen to why the people voted no, that if you can correct it maybe you get
a yes vote. I was voted out of order. I was told that you don't have a right
to raise that here, because we're only here to discuss the revote. This
is exactly what I was told.
SUPERVISOR COCHRAN: If that's the way it went that's sad, .because you
certainly should have the opportunity to express yourself.
BOB STRIMBAN: My name is Bob Strimban. I am also part of this Ad
Hoc Animal Committee, and the point was raised in 1995 that there was no
financial report. It was not our responsibility that there be a financial
report. It is the Board's responsibility that they should have looked into
it why they didn't get a report.
SUPERVISOR COCHRAN:, I can only speak since '96, and I did ask for a
report soon after. I think what we all want to see is a solution to
problem, and I'm sure this gentleman has it.
JIM BITSES: We have inside information, that are, quote, anomalous, in
their report to this Board. There are expenditures far beyond normal. If
the Board discovers that this is the case, or if there is looting of the
trust fund for purposes for which it was not donated. This supplies the
Board with prima facia evidence that should involve the District Attorney,
if you find these anomalous, that is. So, keeping an open mind about their
report, assuming that the report is correct in all respects this course
would not be necessary. But, if you do find that there are anomalous, which
I do not anticipate since .these people are honest people, if you do"hot find
these anomalous, and that the trust fund is not being looted, then of course
we will support you in anything you do. But, if you do find these
anomalous, will you give. us your word that you will ask the District
Attorney to look into this matter? Now, I assume that this will not be
necessary, because these people are honest people, and they probably have
given you, undoubtedly have given you an honest report. However, you
are the guardian of a contract, a $118,000 contract, and as guardians it
behooves you to examine these figures with a view towards their
correctitude, that is coining a term, correctitude. In any event, 1
would appreciate it if you would make a copy of their report available to
the Ad Hoc Committee as well. I'm sure you will do your duty by these
honest citizens.
SUPERVISOR COCHRAN: It's public information. You certainly will have a
copy of the report soon after we receive it. I think we will have the Town
Attorney review the contract to see exactly what our responsibility is, and
I don't know where we stand with the trust fund. Mr. Carlin, would you
like to address the Board?
` 1 9 0 OCTOBER 29, 1996
FRANK CARLIN: Good evening, ladies and gentlemen of the Board.
Before I start I would like to make something clear here. Evidently last .
week when I left the Board meeting I confused some of you Board members,
when I mentioned the reason I wasn't here for three or four months, was
was getting a new set of batteries, and someone came to me and said,
didn't know you had a pacemaker, Frank. I don't have a pacemaker, and
don't have a hearing aid. I'm not going speak on the library tonight. I had
my shot last week. I want to speak on something that involves taxes. I'm
not blaming the Town Board, and I'm not going to blame the Police
Department on this, but, can anyone on the Town Board tell me how many
hours in overtime, or in money, have we spent on police overtime since we
took over Greenport since November 17, 1994? Now, I know you are not
going to be able to answer that.
SUPERVISOR COCHRAN: Not right offhand, but we certainly should be able
to get you .the answer.
FRANK CARLIN: I stopped counting the overtime about a year ago.
COUNCILMAN TOWNSEND: The Town Board is still waiting for the answer
on that.
FRANK CARLIN : It was in the thousands.
COUNCILMAN MOORE: Hundreds of thousands.
FRANK CARLIN: You have to remember, Madame Supervisor, these are
time and a half costs to the taxpayers of Southold paying this money out,
and no one on the Town Board is going to tell me that this kind of money is
being spent doesn't; or didn't, have an effect on this budget this year.
SUPERVISOR COCHRAN: I'm sure it did.
FRANK CARLIN: You agree with me on that. Not only the overtime, but
the legal suit that has been going on in legal fees, $32,000 for Southold,
$40,000 for Greenport, and it's not even over yet. Mayor Kapell says,
we.'re on solid ground. What happened here was, been wanting speak on
this. subject for about a year or two, but I wanted to get my facts straight.
Now, Mayor Kapell had a problem with the police department, so he
figures, well, I'll dump it on Southold's lap, get rid of it. My opinion
is, he should have solved his own problems instead of dumping it on our
lap, and giving us these problems. It was eighteen months before we could
hire a police officers. I believe we hired already three, right? Three so
far? Is one them the money that was allotted from COPS on there? We were
allotted $75,000 from COPS towards hiring the police. That pays for hiring
one of these cops right? COPS, it's a federal fund. It's a grant given by
the government to hire more police officers. You had $75,000 given to you
this year. • ..I: take it for granted that this put towards these policeman,
right?
SUPERVISOR COCHRAN: We have the three, and we have six more in the
Academy.
FRANK CARLIN: Six more in the Academy waiting to be graduated either
February or March. Mayor Kapell couldn't wait, couldn't wait for these
other six police officer, so he filed a lawsuit against us. I don't know if
the Greenport residents realize this or not, but money there that was given
back by Mayor Kapell, bonus of what, $200. , $250., they are going to
spending this in legal fees before he gets done with his lawsuit. You
should never have accepted the Greenport Police responsibilities unless, or
at least, give the people of Southold an opportunity to vote on the issue as
well as Greenport did.
SUPERVISOR COCHRAN: How the law works, we are obligated to absorb
them into our department. I'm not saying that system is fair.
FRANK CARLIN: One way street, right? Mayor Kapell says, I want the
police to enforce the parking in Creenport. You wouldn't have had to worry
about the parking in Greenport if you had left the parking meters in there,
and had a Code Enforcement Officer. We had one once before. At the
OCTOBER 29, 1996 1`'9 1
September 17th meeting he said, oh, a Code Enforcement Office cost me
$100,000, because he needs a gun, and he needs a car. We have a Code
Enforcement Officer here in Southold. He doesn't have a gun. He. makes
about $35,000 or $40,000 a year, right? As far as the car he had three
police cars stowed behind the .power 'plant there for almost a year. He could
have used one of those. It's a shame with the money that we're spending
out between overtime, and legal fees, it costs the taxpayers of Southold
Town a lot of budget this year. That's one of the things why our taxes are
going up.
SUPERVISOR COCHRAN: That's one of the reasons we hired this officer
tonight as a Sergeant. Officer Van Etten was moved up to Sergeant
today, because we've been paying just unbelievable, there's been an empty
Sergeant's slot, and we felt it was time, by the time you send for the Civil
Service list, and do all the things you have to do in following the
procedure, but the amount of overtime we're paying out right now for
Sergeants is horrendous, so we would be further ahead with moving his up,
and getting him in the slot, because you can't even do the staffing as far
as Sergeants are concerned right now. That's why so much overtime is
being spent. In relation to the lawsuit in Greenport we've been having our
attorney, and Creenport's attorney has been having conversations back
and forth, because it is my feeling, I'd like to believe that the people
sitting here are here in addition to many of their duties, and legislators,
and - so forth, are here to solve problems, and look at the welfare of the
community, and take the action or the steps therein to reach a certain
goal . It is our goal that we would like to see the lawsuit between
Greenport and Southold solved. It's costing us money. It's costing them
money. (tape change) Not mature enough to discuss and solve, problems,
something is terrible wrong, and we're not being fair to the taxpayer. So,
in the very near future hopefully we will be able to solve this difficulty
to the betterment of all those involved including the taxpayer. So, just
let you know that the Board is moving in a direction. These are things
we're going to be discussing. Some of this the groundwork has already been
the put in place, Frank, and I can not say anymore than that until we meet
with them, and discuss it. It is litigation, but we are looking, as they
are looking to a agreement, a mutual agreement. 1 can't share anymore with
you.
FRANK CARLIN: Before you took over the department back in November
of 1994, didn't we know about these allegations against some of the
officers, some of the problems we were going to have?
SUPERVISOR COCHRAN: I don't know, Frank.
FRANK CARLIN: We took it over, and then find out we don't want to
hire a police officer?
SUPERVISOR COCHRAN: Some of us were here, and some weren't. Frank,
we had no choice. It's not our choices. Some of us were here, some
weren't. That has. nothing to do with it. The fact is that the way the law
works is that if they choose to disband they're finished, we have to pick up
that load. There's' no yes, no, maybe about it, Frank. It's the facts of
life. Whether you like it or not, it's the system.
FRANK CARLIN: He's always complaining he never has enough police.
protection. I'm only saying, he's not even giving you a chance. It takes six
months to train some officer. Eighteen months you waited to get the okay. It
takes six months to get six of them. This lawsuit is costing $70,000
between Greenport and Southold residents. As far as the State Police go;
agree we should have a State Police barracks on the North Fork. They
have it on the South Fork. We. had one years ago. We had a State Police
barracks, believe it or not, in Southold across the street from the American
Legion. It stayed there about a year. Evidently it disappeared. I do know
one thing when it was there. They were giving out a lot of tickets, and
making a lot of speed checks. After a year it went. They pulled it out.
We should have one, but I don't ever think we'll ever see a State Police
barracks out here. What I'm saying is, he is always complaining about. the
crime and everything. The September 17th meeting he's reading off all
these -papers in the Suffolk Times about all this crime. Well, every town has
crime in it. Look at some of what he read off. Pocketbook left in the car.
Well, anybody that leaves a pocketbook sitting in a car you might just as
192 OCTOBER 29, 1996
well put a sign up on the top, I've got a pocketbook in the car, here take
it. A cellular phone in the back seat. Put a sign up there, why don't you?
Say, here take it. I'm going to finish. The whole trouble with Mayor
Kapell in opinion is he thinks because he waves a magic wand, that
everyone has to jump. I don't think we should jump. It's cost us enough
money now. Thank you. I said it before, and I'll say it again, Happy
Birthday, Madam Supervisor.
SUPERVISOR COCHRAN: Thank you, Mr. Carlin. If I may is there
anyone else who would like to address the Board? (No response. ) I have a
couple of things that I would like to bring to your attention, and our
watching audience. As you know Election Day is coming up, and we do
have the proposition, a bond resolution on the ballot for $2,000,000 to
continue our preservation program. It's been a non-political through the
years supported by both Democrats, and Republicans, and this is for the
development rights of agriculture. One of the things I like about it is
spending the money in that direction is, the property does not go off the
tax rolls. It stays on the tax rolls. I am not supposed to be pushing this,
and I'm not. I'm not spending any money on it. I'm merely telling you that
it's Number Five on the ballot, so please look for it. It's in the spot of
Number Five.
COUNCILWOMAN OLIVA: We have ten applications of parcels in the wings
waiting for that bond issue to be passed.
SUPERVISOR COCHRAN: Also, I- would like to share with you that we have
our Fall Leaf and Brush Cleanup. It's been scheduled. Orient Point to
Truman's Beach is November 18th. Truman's Beach to Moores Lane is
November 19th. Moores Lane, Greenport to South Harbor Lane is November
20th, South Harbor Lane to New Suffolk and Nassau Point to Alvah's
Lane in Cutchogue is November 21st. Alvah's Lane to Mattituck to Laurel
Lane, Laurel is November 22nd. I think most of .you know the rules. This
will be appearing in the newspapers, but I would just like to share a little
something little something with you. Not too long ago in moving some of the
piles of the brush, which we are composting, and chipping, and doing
whatever has to be done, the machine hit a piece of metal, a pretty good
size piece of metal. The repair to that machine was $5,000. Granted the
insurance paid some of it, but not all of it, so we would request of you,
the listening public, and the watching public to, please, please, please,
adhere to the rules, and do not put anything out but brush and leaves.
Also, we understand that there is a little confusion as far as placing it in
bags, or not placing it in bags. I believe there was one notice in the
paper that said, you know, do not place in bags. Yes, we do accept the
leaves being placed out in bags. They must be in bags outside the road,
because the Superintendent of Highways does not have payloaders that can
go along and scoop every single bit of leaves. So, we do appreciate it in
the bags. Please, don't put anything else in that pile except the brush, and
the leaves. This was an unnecessary expenses, and we weren't too happy
about it, but it had. to be repaired, so we appreciate your cooperation.
think Mr. Jacobs and his program has been very helpful to the community.
It helps us all do , our fall cleanup, and make our yards a little bit more
attractive, and so we ask for your cooperation. Alice has something.
COUNCILWOMAN HUSSIE: Earlier this evening, Mr. Siegmann, you
mentioned in your litany of places that were taxed, and Mr. Wurtz
mentioned it also. You talked about the school and the libraries and
everything, and you said, and yes, we want to build a pool. Before that
gets to be a rumor that becomes a fact, I would like to assure you that the
Pool Committee hasn't even met yet, much less decided that this is going to
be a taxing thing. In fact, as the Chairman, it is my goal to have this be a
user fee situation, and not on the tax rolls. So, I just want you to know
that before it gets started.
ED SIEGMANN: It wasn't really a rumor that got around. It was in the
newspaper, that you were forming a committee.
COUNCILWOMAN HUSSIE: It's not a taxing thing. We're looking into the
feasibility of all, and in fact, we're still looking for members. Until
November 6th we're taking applications from members for the Pool
Feasibility Committee, and I would be very pleased if anybody would apply.
I wanted to straighten that out.
OCTOBER 29, 1996
FRANK CARLIN: This gentleman just replied to me that I should go to
Creenport, and say. what I'm saying. I challenge Mayor Kapell. If you
want to come here to the Town Board meeting, here's the microphone, I'll
debate him on this issue.
SUPERVISOR COCHRAN: Thank you, Frank. I'm sure you will. Is there
anyone else with any comments for the Town Board?
COUNCILMAN TOWNSEND: You brought up the ballot, and there is
another. I just want to mention that the Peconic County Advisory
referendum is on the ballot, and I would encourage people to read the
information, that has been in the newspaper, and the summaries of the
study that was done, and vote on that issue. It's important that the Town
get feedback in this area. We're talking about taxes, and ,;it's_:proposed that
this is way we might possibly save money on taxes. One of the- things that
showed up in our mailbox today was a letter from the West End County
Legislature, and they were saying that they plan, if this thing passes to
immediately demand the tens of millions. They are particularly concerned
about the tens of million dollars that they are annually approving for a
number of things, County Center, including County Jail, County roads,
bridges, and County Airport, so forth and so, most significantly open space
acquisitions, which will protect our future drinking supply. That's true
there have been tens of millions of dollars. It's important to note though,
that as a per capita we have been paying fifty percent more than the rest of
the County for these things, and for many things in the west end, so they
accuse us of not having all the information, yet they ignored in this letter
much of the information that has provided to us. I would like to send them a
copy of the study, and ask them to revise their letter. That's all I have to
say on this.
SUPERVISOR COCHRAN: Anyone else? (No response. ) Okay, motion to
adjourn.
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that this Town Baord meeting be and hereby is adjourned at
6: 10 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