HomeMy WebLinkAboutTB-07/22/1997 SOUTHOLD TOWN BOARD
JULY 22, 1997
EXECUTIVE SESSION
9:15 a.m. - On motion of Councilwoman Hussie, seconded by Justice Evans, it was
Resolved that the Town Board enter into Executive Session to discuss acquisition
of property with representatives of The Nature Conservancy. Vote of the .Board:
Ayes: Supervisor Cochran, Councilman Townsend, Councilwoman Oliva, "Justice
Evans, Councilman Moore. Also present: Town Clerk Terry, Town Attorney Dowd.
10:10 a.m. - The Board continued in Executive Session,meeting with representatives
of the Peconic Land Trust to discuss acquisition of property.
10:40 a.m.. - The Board discussed the report of Nelson, Pope & Voorhis with regard
to the Long Environmental Assessment of Richard F. Mullen III and William Mullen
for their change of zone petition. In light of land clearing and tree removal actions
on the site, the Board placed a resolution (29) on the agenda to ask the consultant
to reevaluate their report and prepare a supplemental review,----The Board discussed
the proposal to replace the stairs and landing at the end of Rocky Point Road, East
Marion. Bids were solicited, but no responses received. The majority of the Board
agreed not to replace the stairs, but to look into the cost of fencing, how to correct
the erosion problem, and remove the metal stakes. Executive Assistance James
McMahon met with the Board during this discussion and will report back to the
Board on the items discussed.
11 :25 a.m. - John Sullivan; -Chairperson of the Board of Assessment Review,
appeared before the Board to report of the activities of his Board with regard to ,
their meetings to hear complaints or grievances on the tentative town assessment
roll for the tax year 1997-98.
11 :40 a.m. - .The Board worked on the 1998 budget for' the Southold Wastewater
Disposal District.----Councilwoman Oliva reported to the Board on the need to lobby
the NYS Department of Transportation for the promised funding for the ten different
road run-off project areas. The Town expects the .DOT to follow through on their
commitment, as they are particularly important for the baymen. Supervisor Cochran,
along with Councilwoman Oliva and Executive Assistant .McMahon will meet with the
regional director of the NYS-DOT.----Councilwoman Hussie submitted, for the
Board's review, the duties and job description of the new position in the Planning
Board to be filled by Valerie Scopaz. The description will be submitted to the
Suffolk County Department of Civil Service.----Councilman Townsend reported on
his investigation into requests for street lights in Highpoint Meadows.. He found
that the 'initial request was based on a vandalism issue, which has been resolved,
and the majority of the residents are opposed to street lights in that community.----
Town Board placed resolution 26 on the agenda approving proposed salary upgrades
for 1997 for certain employees at the Human Resource Center.----A resolution (27)
was placed on the agenda to execute a Letter of Intention to participate as a partner
in an Efficiency Study Grant with the Southold Union Free School District and the
Southold Free Library. The Board will take this step, but does not intend to
financially bind the Town.----July 30th, 8:30 a.m. , was set to interview applicants
for 'the Land Preservation Committee and Transportation Committee.----A resolution
(28) was placed on the agenda authorizing the Town Clerk to readvertise for a youth
member for the Conservation Advisory Council in . mid-September when school
is in session.----Councilwoman Hussie brought to the Board several Landfill issues
for discussion -- different types of permits, possibility of closing one day a week,
JULY 22, 1997 1-2.7
perhaps Wednesday, and a new type of composting system being used by Malone,
New York.
12:40 p.m. - Town Board recessed for lunch.
2:15 p.m. - Work Session reconvened. The Board discussed the proposed Companion
Care Program to be instituted by Venetia McKeighan, Director of Human Services.
The Board had questions with regard to the proposed agreement, and Mrs.
McKeighan will be invited to the August 5th work session to discuss them.----Letter
from the Southold Yacht Club, Inc. requesting permission to use the Goose Creek
Beach parking area for parking during a regatta on July 27th. A resolution (30)
was placed on the agenda granting authorization.----A request from the NYS
Department of Transportation for a zoning map. and zoning code was approved.----
Letter from the Land Preservation Committee recommending to the Town Board that
a referendum in the amount of $2,000,000 be placed on the November ballot for
farmland preservation. The Town Board will consider this and discuss it again at
their August 5th work session.----Town Attorney Dowd submitted a proposal , for
Nelson, Pope &. Voorhis to provide environmental review services with regard to the
proposed. Wireless Communication Facilities Local Law, and a resolution (31) was
placed on the agenda approving an amount not to exceed $1 ,500.00.----A. resolution
(32) was placed on the agenda to advertise for two members each for the,_fallowing
ad hoc committees: Affordable Housing Ad Hoc. Committee, . Fort Corchaug Fort Area
Ad Hoc Committee, Fort Corchaug Recreation Ad Hoc Committee.
2:50 p.m. - The Town Board reviewed the resolutions to be voted on at- the 7:30
p.m. Regular Meeting.
EXECUTIVE SESSION
3:35 p.m. - On motion of Councilwoman Oliva, seconded by Justice Evans, it was
Resolved that the Town Board .enter into Executive Session. to discuss personnel
history and property acquisition. 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.
5:05 p.m. - Work Session adjourned.
. 128
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on July 22,
1997, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J . Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills
for July 22, 1997?
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $88,854.75; General Fund
Part Town Part Town bills in the amount of $7,605.07; Community
Development Fund bills in the amount of $7,584.61; Highway Fund Whole
Town bills in the amount of $48,875.11; Highway Fund Part Town bills in
the amount of $61,198.82; Ag Land Development Rights bills in the amount
of $26,872.59; Fishers Island Ferry District bills in the amount of
$7,126.88; Refuse & Garbage District bills in the amount of $61,652.61;
Southold Wastewater District bills in the amount of $1,002.82; Fishers
Island Sewer District bills in the amount of $1,207.02; Fishers Island Ferry
District Agency E Trust bills in the amount of $368.84.
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: A motion to approve the minutes of July 8, 1997,
Town Board meeting.
Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the minutes of the July 8, 1997, 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: Set the next Town Board meeting Tuesday,
August 5, 1997, at 4:30 P.M:
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
_RESOLVED that the next regular meeting of the Southold Town Board,
will be held at 4:30 P.M., Tuesday, August 5, 1997, ' 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.
SUPERVISOR COCHRAN: Any of you that have picked up an agenda from
out in the hall our standard order of business is Reports, which the Town
Board . receives copies. of all reports of all committees, -and all
departments. They are public information. They are available in the Town-
Clerk's Office.
JULY 22, 1997 2l
1 . Southold Town Recreation Department Monthly Report for June, 1997.
2. Southold Town Justice Bruer's Monthly Court Report for June,
1997.
3. Southold Town Board of Trustees' Monthly Report for June, 1997.
4. Southold Town Police Department Monthly Report for June, 1997
5. Southold Town Justice Evans' Monthly Court Report for June, 1997.
6. Southold Town Justice Price's Monthly Court Report for June, 1997
11 . PUBLIC NOTICES. - None.
Ill . COMMUNICATIONS
SUPERVISOR COCHRAN: We did have some communications. We had a
very nice letter from Senator LaValle, and Tom Tobin, President of
Bridgehampton Bank, in relation to Fort Corchaug, the success of it's
acquisition.
1 . Kenneth P. LaValle, New York State Senator, congratulating- the
Town on their purchase of Fort Corchaug.
2. Charles J. Bar.tha, Acting Commissioner of Suffolk County
Department of Work in regard to the investigating traffic conditions at ,the
intersection of Middle Road, CR 48, and Wickham Avenue in Mattituck.
.3. Thomas J. Tobin, President and Chief Executive Officer of the
Bridgehampton National Bank congratulation the Town of the purchase of
Fort Corchaug.
4. Carol A. Trayno, Resource Development Director of American
Cancer Society with appreciation , to Ruthanne Woodhull for her
participation in Daffodil Days 1997
IV. PUBLIC HEARINGS.
1 . 8:00 R.M., on a proposed "Local Law in Relation to Fishers Island
Management".
2. 8:02 P.M., on a proposed "Local Law in Relation to Parking , on
Montauk Avenue".
3. 8:05 P.M., on a proposed "Local Law in Relation to Sound Beach
Drive".
4. 8:07 P.M., on a proposed "Local Law in Relation to-Lot Recognition".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy, that
you may address the Town Board with any input you may have in relation
to the resolutions prior to the action of the resolutions. At the end of
the meeting,, if there is something you would like to have input on, . or
address the Town Board; you may do so at the end of meeting on any topic
related to Town business. The resolutions, we will begin to act on those.
If there is anyone that has any input in relation to resolutions, is there
anyone that would like to address the Board at this time? (No response. )
Hearing none, we will proceed with the resolutions.
1 .-Moved 'by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs HHS Administrators to pay the medical bill from
Eastern Long ' Island Hospital, on behalf of employee Jeffrey Standish,
which bill was submitted by the provider more than 90 days after service
was rendered.
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,
WHEREAS, Farmveu ' Associates has made application to the Town Board
of the Town of Southold to dedicate certain roads in Mattituck, New York,
known as Farmveu Road, Old Field Court and Harvest Lane and "Drainage
Area A" designated on a certain map entitled, "Map of Farmveu Associates",
filed in the Office of the Clerk of the County of Suffolk on September 1,
1989 as Map Number 8808; and
1 3® JULY 22,. 1997
WHEREAS, the Southold Town Superintendent of Highways has inspected
said highways and has advised the Town Board that he determines. and
orders that ,said highways shall be laid out in the Town; now, therefore, be
it
RESOLVED that in accordance with Section 171 of the Highway Law of the
State of New York,. consent .be and same is given to the Superintendent of
Highways. to make an order laying out the aforesaid highways, to consist of
lands described in said application as shown on certain maps attached to
said application; and be it
FURTHER RESOLVED that the Town Clerk be and she ,hereby is
authorized and directed to forthwith cause the dedication, release, and deed
to be recorded in the Office of the - Clerk of the County of Suffolk, New
York.
2.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
3.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of- the Town of Southold hereby modifies
the General Fund Whole Town 1997 budget to provide funding for paid
working vacation in the Accounting E Finance Department:
To:
A.1310.1 .100.300 Accounting E Finance Department
Personal Services
.Vacation Earnings $ 1,450.00
From:
A.1310.1 .100.100 Accounting E Finance Department
Personal Services
Regular Earnings $ 1,450.00
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 modifies
the General Fund Whole Town 1997 budget to 'provide funding for an
increase in Association. of Towns membership dues:
To:
A.1920.4.600.600 Municipal Dues
Contractual -Expense
Dues and Subscriptions $ 75.00
From:
A.1990.4.100.100 Contingent
Contractual Expense
Unallocated Contingencies $ 75.00
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 Moore, 'seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 budget to provide funding for a hearing
arbitrator, title fees and Town Hall space studies:
To:
A.1010.4.500.200 Town Board, Contractual Expense
Labor Relations $ 450.00
A.1010.4.500.700 Town Board, Contractual Expense
Title fees 150.00
A.1010.4.500.800 Town Board, Contractual Expense
Appraisals 4,500.00
From:
A.1990.4.100.100 Contingent, Contractual Expense
Unallocated Contingencies $ 5,100.00
5.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
JULY 22, 1997 . 1 3:1
6.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold requests the
Suffolk County Department of Public Works to conduct a traffic survey, at
the intersection CR48 and Depot Lane, Cutchogue, for the purpose of
changing the caution light at that intersection to a traffic light.
6.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
7.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby' grants
permission to Assessor Chairman Scott A. Russell and Assessor Darline J.
Duffy to attend the introduction to C. I .S. Seminar at the State University
of New York in Stony Brook, on Thursday, August 19, 1997, and the
necessary expenses for registration, travel, and meals shall be a legal
charge to the Assessors' 1997 budget.
7.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly .ADOPTED.
8.-Moved by Councilman Townsend, seconded by Councilwoman Oliva; it was
RESOLVED that the Town Board of the Town of Southold, upon
recommendations of the Landmark Preservation Commission, hereby appoints
John B. Greene to the Architectural Review Committee, replacing Deborah
Winsor, effective immediately through October. 17, 1998, he to serve
without compensation.
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•-Resolved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby creates
the position of Senior Clerk and sets the following salary scale:
Level /i 1/97 7/1/97 1/1/98
Entry 22,216.57 22,216.57 22,216.57 .
1 25,154.79 25,909.43 27,309.43
2 25,782,36 26,555.83 27,955.83
3 26,575.04 27,372.29 23,772.29
4 27,004.91 27,815.06 29.215.06
5 27,598.06 28,426.01 29,826.01
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 Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to -Senior Clerk Janice SmithQr, Personnel Assistant Barbara
Rudder, and part-time Account Clerk Annette Jordan to attend a one-day
seminar from SkillPath entitled, "Building your Skills in Microsoft Excel
for Windows and ' Macintosh", Monday, September 22, 1997, at Melville,
N.Y., and the $69.00 per person enrollment fee, and necessary expenses
for travel and meals, shall be a legal charge to the Accounting b Finance
Department's 1997 Contractual Expenses budget.
10.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
JULY 22, 1997
11 .-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Carol Kalin provisionally to the position of Stenographer in the Office of
the Supervisor, effective July 23, 1997, at a salary of $24,184.14 per
annum.
11 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, . Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
COUNCILMAN TOWNSEND: I am going to vote, yes, on this, . but I have
some reservations that I would like to mention. This is a very good person,
that has proved to pretty versatile in working in several departments, but
she has been part-time up until now. What we are doing is creating a
full-time position; and creating that position we are basically more than
doubling what a part-time person makes, because of the benefits, and so
forth. rIt is something that, I believe, we should have a procedure for, that
we haven't had. Awhile back I made a recommendation for that. In this
instance, I think, we can justify doing it, but this is the last new
position I'll vote for. It's not a replacement position. We don't have such
a procedure. I think we need to know if there are any other alternatives.
What the history of the staffing of that department has been, a list of
skills, and so forth. The position should be appointed on that basis.
SUPERVISOR COCHRAN: Joe, I would like to appoint you to bring in these
procedures to the Board.
COUNCILMAN TOWNSEND: I did on 5/12, Jean.
SUPERVISOR COCHRAN: I don't think you did. Beside we are short six
part-timers, and two full-timers, and this is a woman who has worked. very
well for the Town Board, part-time. We are increasing her to full-time, so
she can be used as a floater throughout the other departments. She has
worked in the ZBA. She has worked for the Trustees. She has worked at
the Building Department. She has worked in Planning Department, so we
feel that she is a very valuable employee.
COUNCILMAN TOWNSEND: The staff has increased dramatically over the
ten years.
12.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the transfer of one (1) obsolete 1954 C.M.C. Tank' Truck from
the Southold Town Highway Department to the East Marion Fire District for
the sum of $200.00.
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 Councilman Townsend, it was
RESOLVED ' that the Town * Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for bids for the
purchase of 10,000 linear feet (more or less as may be needed) of Snow
Fence, and 500 (more or less as may be needed) of 6 ft. studded steel "T"
Posts for the Southold Town Highway Department.
13.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
.Supervisor Cochran.
This resolution was duly ADOPTED.
14.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold accepts, with
regret, the resignation of Evelyn M. Kouri, part-time EISEP Aide for
the human Resource Center, effective immediately.
14.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran. ,
This resolution was duly ADOPTED.
JULY 22, 1997 133
15.- Moved by Supervisor Cochran, seconded by Councilman Moore,
WHEREAS, the Town of Southold remains as one of the most unspoiled
and ecologically diverse regions in New York Sate and is characterized by
its natural scenic beauty.' with pristine beaches, dazzling estaurine.. bays,
deep and lofty forests of the moraine, productive farmlands and rural
charm; and
WHEREAS, for decades the Town of Southold has embraced the goals of
preserving .and protecting these vital natural resources, by implementing
numerous comprehensive land use planning and open space acquisitions
program's; and
WHEREAS, over the last 14 years, the voters of the Town of Southold
have authorized the Town of Southold to expend upwards of eleven ($11)
million dollars for the preservation of open spaces and farmland; and
WHEREAS, current development trends are threatening the viability of
the Town's agricultural heritage and rural open space character; and
WHEREAS, the urgency of providing an immediate and reliable funding
source is paramount concern of the Town of Southold; and
WHEREAS, there are bills pending in the Senate (S.5486) and the
Assembly (A.8274) of the New York State Legislature which will authorize
the- establishment of a community preservation fund in the Town of East
Hampton for the purpose. of preserving open space; and
WHEREAS, the Town Board of the town of Southold recognizes the open
space preservation efforts of the Town of East Hampton and supports this
initiative;, and
WHEREAS, the Town of .Southold demonstrates an equivalent commitment
to , open space and farmland preservation and desires the authority to
establish a community preservation fund; now, therefore, be it
RESOLVED that the Town Board of . the. Town of Southold supports Senate
Bill S.5486 and Assemble Bill A. 8274 and requests the New York : State—
Legislature ' amend such bills to include the Town of Southold, or
alternatively. introduce similar legislation to enable the Town of. Southold
to establish a community -preservation fund; and be it
FURTHER RESOLVED that the Town Clerk is hereby directed to transmit
a copy of this resolution to Senator Kenneth P. LaValle, Assemblywoman
Patricia Acampora, Assemblyman Fred Thiele, Jr., Assemblyman Thomas
P'. DiNapoli, and the Town, of East Hampton.
JUSTICE EVANS: I am voting, no, with an explanation. I find I can't
vote for this. What this is, it's asking to go to referendum on a 20
transfer .tax. It would be paid by the seller on the cost of any house over
$250,000, or piece of vacant land that cost over $100,000, and I ".asked the
Tax Assessors to run some numbers to do with Fishers Island versus, the:
Town total, and it turns out that for the sales of last year revenue to the
Town, if we had this 2% tax in now, would have been about $459,000, :of
that over 31 o would have been coming from sales of homes on Fishers.
Island, where none of the money has been spent, so I feel that is
inequitable, and I can't vote for it. I, also, feel that it would harm, not
only people coming in having to pay a tax, but the sellers who's .. prices
would have to come to keep that tax in line. I would much prefer
something that had a tax on everybody, not just the people that pay for
houses over $250,000.
COUNCILWOMAN OLIVA: I think it's very important that we have such a
tax, so that we can buy some of these sensitive lands, and open space
parcels, that we did not have any bond money for. I think this,,is` .a good.
way to start it. I think we can develop it, and fine tune it as we go
along, but perhaps it's more equitable, and perhaps Justice Evans would be.
more meetable to voting for it, but I am voting, yes, because it is one step
that we really have to take. If we want to preserve our farmland, and our
open space, this is just one tool in which to do it.
COUNCILMAN TOWNSEND: I'm voting, yes. This is the third time I
voted, yes, on a similar bill. I do have some of the same reservation that
Louisa had brought up. I do think there should be some sort graduated
way that anybody can participate in this sort of thing, on new purchase,
sort of. a like a graduated income tax as opposed to one lump sum. That
way it is fair to every one concerned. But, as people have pointed out,
and I think the Supervisor mentioned in the earlier Work Session today, all
that has been paid, ' I think we have $11,000,0000 in open space r
expenditures that the taxpayers have invested in open space, and the
reason people want to be out here is because it is so beautiful. We have
134 JULY 22, 1997
managed to preserve a lot of space. I think this is an equitable way of
compensating the taxpayers of Southold, the new people that have come in
here, for the expenditures that we have already made. That is one
justification.
COUNCILWOMAN HUSSIE: I have to talk about this, too. I think it's very
cute the way this -is called the community preservation fund. It's a 20 tax
on all purchases of homes over $250,000, and raw land over $100,000. We
were told at one, point that we would be really be able to make a lot of
money on this, and I, too, went to the Assessors to find out how much
money we actually took in, and Louisa's number of $459,000 is the same
number that I got. In 1996 the Town of Southold would have received .
under this sort of an arrangement $459,000. In the past fourteen years we
have agreed to bonds, which is worth about $800,000, so the $450,000 is
not going to take away the need for bond. The only reason that I am going
to vote, yes, on this is because this is going to be up for a referendum,
for you all to decide. I personally don't like to have another tax. There
are so' many taxes on real estate transactions already, that I think it's
unconscionable. This is another one, but it has to go to referendum, and
therefore, okay, it's your decision.
SUPERVISOR COCHRAN: I would like to make a comment also. As Alice
said supporting this bills will allow us, as residents of Southold Town, to
vote on this particular 20 tax. The buyer of a house over $250,000, or an
empty lot of $100,000 would pay a 2% fee, that would be paid by the
purchaser. It's my feeling that we that live in Southold have over the last
so many years approved bond issues. I think one of the most important
things to all of us is preserving Southold, and. trying to save as much as
we can. We have invested in our environment, in our future, in our way of
life, in our quality of life, and I feel that those moving. into the area by
paying a 2% tax, that is their investment into Southold. They are.-moving
out here, because they like the school system, because they like the open
space, because they like. the way of Life, so it is just their way of paying
a little investment, and catching up to what we already paid. The most
important things, that you learn as much as possible about this legislation,
and if it does pass by thQ State, and. it has to pass by the State, that will
give us the opportunity to put it on for a referendum. Hopefully you will
get all the information you can before then, and then make a vote that best
suits your philosophy, and your way of thinking.
15.-Vote of the Town Board: Ayes: Councilman Moore,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran. No: Justice Evans.
This resolution was duly ADOPTED.
16.-Moved by Justice Evans, seconded by Councilwoman Oliva; it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General. Fund Whole Town 1997 budget to appropriate funds for a new
Stenographer: '
To:
A.1010.1 .100.100 Town Board, P.S.
Regular Earnings
Full-time•Employees $ 12,100.00
From:
A.1990.4.100.100 Contingent, Contractual Expense
Unallocated Contingencies $ 121- 100.00
16.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman ' Hussie,
Supervisor Cochran.
.This resolution was duly ADOPTED.
17.- Moved by Supervisor Cochran, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby creates
an Affordable Housing Ad Hoc Committee, and appoints the following
individuals for a term of one year, effective July 22, 1997 through July 22,
1998, they to serve without compensation:
JULY 22, 1997 135
Richard Israel Affordable Housing Builder
Bessie Swann Executive Director, C.A.S.T.
William F. Mullen, Jr. Past Member, Planning Board
Robert Scalia Realtor
William Cremers Planning Board Member
Richard Winters Mortgage. Broker
William D. Moore Town Board Member
COUNCILMAN TOWNSEND: This relates to not only this one, but the next
two, also. We hadn't had a chance to discuss it fully during the Work
Session in the morning, and 1 thought it was going to be pulled. My
concerns here are that while these people are fully qualified people to be
on this ad hoc committee we haven't in writing outlined the duties and
goals of this committee. I would like to see it in writing. I would, also, .
like to have an opportunity to go out for advertising, which is our normal
procedure, when we form new committees. That is true for this committee,
and the following two. As I say, there are many qualified people, and if
the Board wants to appoint these people, and then agree to go out to
advertise for additional members I will go along with that.
SUPERVISOR COCHRAN: We certainly can do that.
COUNCILMAN TOWNSEND: Amend the resolution to advertise for, say, two
or three members?
TOWN CLERK TERRY: We already have a resolution on to advertise for all
three committees. It's resolution #32.
17.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
18.-Moved by Supervisor Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of- the Town of Southold hereby creates a
Fort Corchaug Fort Area " Ad Hoc Committee, and appoints- the following
individuals for a term of one year, effective July 22, 1997 through July 22,
1998; they to serve without compensation:
Professor Walter Smith Indian Museum
Ellen Barcel Indian Museum
Peg Waide - Indian Museum
Antonia Booth Southold Town Historian
Paul Hunter Author, For Corchaug
James Crathwohl Cutchogue-New Suffolk Historical Council
William Peters Cutchogue-New Suffolk' Historical Council
Ronnie Wacker Save Fort Corchaug Committee
Myra Case Save Fort Corchaug Committee
Dr. Ralph Soleck Expert on Fort Corchaug
Stanley Rubenstein A friend of Fort Corchaug
Courtney Burns Oysterponds Historical Society
Robert E Lillian White Stirling Historical Society
Katherine Mayne Southold Historical Society
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 Supervisor Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby creates a
Fort Corchaug Recreation Ad Hoc Committee, and appoints the following
individuals for a term of one year, effective July 22, 1997 through July 22,
1998, they to serve without compensation:
James McMahon Community Development, Southold Town
Richard Hilary Trustee, Suffolk County- Department of Parks
Ruth D. Oliva Town Board and Recreation Committee Member
Richard Ward Southold Planning Board Member
Tim Rumph Landscape Architect
Chris Pickerell Cornell Cooperative Extension f
Frank Kujawski Science Teacher, Mattituck School
JULY 22, 1997
19.46te 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 grants
permission to the Board of Commissioners of the Fishers Island Ferry
District to engage. the services of Eric Easter, as a part-time Deckhand,
effective immediately, at a salary of $5.75 per hour.
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 Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs . HHS Administrators to pay the medical bill of
Charles T. King, submitted by Raytel Cardiac Services more than 90 days
after the date of service.
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 Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of -Southold hereby
authorizes an appraisal, at a fee not to exceed $2,5000.00, of the
properties known collectively as "The Silver Sand Motel", for a certiorari
proceeding for the tax years 199511996, 1996/1997, 1997/1998:
SCTM#1000-45-6-1
1000-45-6-2
1000-45-6-8
1000-47-2-1
1000-47-2-8
1000747-2-9 -
1000-47-2-11
1000-47-242 .
1000-47-2-13
1000-47-2-14
1000-47-2-15
22.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Counci[woman Oliva, Councilman .Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
23•-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
resolution no. 11, adopted on July 8, 1997, appointing Lori Shelly as
Mini Van Driver. for the Human Resource Center, whereas Ms. Shelly
declined the position.
23•-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
24.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Marvin Knight as a Mini-Van Driver for the Human Resource Center,
effective immediately, 17-1/2 hours per week, at a salary of $6.46 per hour.
24.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
25.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Richard C. Ryan as Chairperson 'of the Southold Town Land Preservation
Committee, effective immediately through July 3, 1999, he to serve without
compensation.
JULY 22, .1997 .1 .37
25,Vote of the Town Board:. Ayes: Councilman Moore, Justice , Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
26.-Moved by Councilwoman Hussle, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Salary Structure contained in ,the Agreement by and between the Town
of Southold and the Civil Service Employees Association, Inc. for the titles
and effective dates indicated as follows:
Cook" Level 7/1/97 1/l/98
Entry 21,792.63 21,792.63
1 24,277.08 25,677.08
2 24.763.04 26,163.04
3 25,250.41 26,650.41
4 26,807.43 287207.45
5 28,473.57 29,873.57
Assistant Cook" Level 7/l/97 1/1/98
Entry 18,633.80 18,633.80
1 20,726.80 22,126.80
2 21,946.20 23,346.20
3 23,274.80 24,674.80
4 24,676.20 26,076.20
5 26,223.20 27.623.20
Home Health Aide Level- 7/L/97 l/l/98
Entry 15,826.98 15,826.98
1 16,922.44 18.322.44
2 17,522.44 18,922.44
3 18,122.44 19.522.44
4 13,722.44 20,122.44
5 19,322.44 20,722.44
Mini Bus Driver— Level 7/1/97 1/.1/98
Entry 13,326.98 13,326.98
1 14,422.44 15,822.44
2 14,822.44 16,222.44
3 15,222.44 16,622.44
4 15,622.44 17,022.44
5 16,022.44 17,422.44
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. Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute the necessary
documents with regard to the Town's participatJon In an , Efficiency Study
Grant in ' accordance with Education Law Section 3602-14(h) and
Commissioner's Regulation 175.32 for the purpose of studying collaboration
-or consolidation of programs, services and/or activities with the Southold
Union Free School District and the Southold Free Library during the
1997-98 school year.
27.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly 'ADOPTED.
3.8 JULY 22., 1997
28.- Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readvertise for resumes for one
youth member for the Conservation Advisory Council to fill the vacancy
caused by the resignation of Christy Paliouras, -to June 18, 1998.
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 Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Nelson, Pope & Voorhis, LLC, at a cost not to exceed
$500.00, to conduct a supplemental environmental review with regard to the
petition of Richard F. Mullen III and William H. Mullen for a change of
zone; cost of said review to be paid by the applicant prior to the
commencement of the review.
29.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie;
Supervisor Cochran.
This resolution was duly ADOPTED.
30.- Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Southold Yacht Club, Inc. to use the Goose Creek Beach
parking lot on Sunday, July 27, 1997, during the "Carol Smith Regatta",
provided they file with the Town Clerk a One Million Dollar Certificate of
Liability Insurance naming the Town of Southold as an additional insured.
30.- Vote of the ' Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
31 .- Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town, ¢oard of the Town of Southold hereby engages
the services of Nelson, Pope E Voorhis, LLC, at a cost not to exceed
$1,500.00, to provide environmental review services to the Town Board with
regard to a proposed "Local Law in Relation to Wireless Communication
Facilities".
31 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
32.- Moved by Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for two members for the
Affordable Housing Ad Hoc Committee, two members for the Fort
Corchaug for Area Ad Hoc Committee, and two members for the Fort
Corchaug Recreation Ad'` Hoc Committee.
32.-.Vote . of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
33.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Carol Lynn Betty to the position of Adult Day Care Supervisor, effective
July 23, 1997, at a salary of $28,508.68 per annum.
33.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
JULY 22, 1997 1 39
34.-Moved by Councilwoman- Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Edward Forrester to the position of Director of Code Enforcement,
effective July 23, 1997, at a salary of $45,000.00 per annum.
34.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Supervisor Cochran. No:
Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILWOMAN HUSSIE: I have to explain. We hired Mr. Forrester to
enforce the Code. I think the Code needs a lot of enforcing, and it hasn't
all been done. Now, he is going to be managing the Building Department.
I'm afraid that there is going to be a terrific erosion of time and effort,
and the Code Enforcement will perhaps lie by the wayside, so that's why
am voting, no. Nothing against Mr. Forrester, it's just that I don't like
the blending of both jobs.
35.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby places
Neighborhood Aide Karen McLaughlin on Step 4 of the salary structure of
the CSEA Contract, effective July 1, 1997.
35.-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: May I have a motion to recess?
Moved by Councilman Hussie, seconded by Justice Evans, it was
RESOLVED that a recess be called at this time, 8:00 P.M. , for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.-
Reconvened at 8:10 P.M.
SUPERVISOR COCHRAN: We will go back to our resolutions.
36.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is hereby
given that the Southold Town Board, in conducting an uncoordinated review
of this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Fishers
Island Harbor Management", which adds a new Chapter 33 to the Code of
the Town of Southold to create a set of boating and harbor regulations
specifically :for Fishers Island. The proposed law has been determined not
to have a significant effect on the environment, because an Environmental
Assessment Form has been submitted and reviewed and the Town Board has
concluded that no significant adverse effect to the environment is likely to
occur should the proposal be implemented as planned.
36.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
37.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 24th day of June, 1997, a Local Law entitled, "A Local
Law in Relation to Fishers Island Harbor Management"; and
WHEREAS, a public hearing was held on this Local law on the 22nd
day . of July, 1997, .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 - 1997, ,
which reads as follows:
.1 40 JULY 22, 1997
LOCAL LAW NO. 19 - 1997
A Local Law in Relation to Fishers Island Harbor Management
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 32-30 B is hereby amended as follows:
B. The following rules and regulations shall apply to all
waters within the Town of Southold and to all waters
bounding the Town of Southold to a distance of one thousand
five hundred (1,500) feet from the shore; provided, however,
that they shall not apply to waters within or bounding an
incorporated village of the town to a distance of one thousand
five hundred (1,500) feet from the shore or to waters to a distance
of one thousand five hundred 11,500) feet of Fishers Island.
2. Section 32-35(C)(2) is hereby deleted as follows:
The-fell owing:regulations-shall-apply-only-te-.Hay-Harber:
(a)--Water-skiing-is-permitted-after-5=90-p-m-en-weekdays-an"lway
Saturday-and-Sunday--unless-organizer!-waterfront-aetivitiesare-planned
by-the-Hay-Harber-club:
(b)-Water-skier-s-will-fellow-a-pattern-established by-the-first-beat-te
star#-skiing;-ise--sleEkwise-er-GGuntersleGkwise.
( —vkiers-wilt-remain-a-minimum-ef-ene-hundr-ed-E 1-90)4eet-fremany
deskaFaher-eline-
3. Section 32.39.2 (Anchoring and mooring in West Harbor and Hay
Harbor) is hereby deleted as follows:
A-All_beats.temporarily-anehered-in West-Harber-and-Hay-Harber
.at-Fir,her-s-Island-shall-aaeher-in-an-area-assigned-by-the-F4sheFs
Island-Harbor Semmittee-
�1-)-AnGheFing-shall--not-be-permitted-for-a--sentinueus-peried-ef
meFe4han4hree-(3)-days.dnless autherited-by-the-Bay-Senstable:
which-autherizatien-may-only-be-granted-feremergensy-situations-
B-Permanent-moer-ings-in-West Harber--and-Hay-Harber-at-Fishers
Island.
(4-)-All-per-mahent-meerings-,shall-be-leeated-sek:ith-sf Buey-Ne-B:
(- -)-No-permanent-mooring-shall-be-placed-unless-adther-iz-ed-by-a
per-mit-duly-issued-by-a-Bay-Constable-orDeputy-er-Assistant
Bay-Genstable-
(3)-T ie-fellowing-fees-shall-.be-paid-fer-the-issuan6e-ef-a-meer-ing
permit:
Sf�e of-Beat Permit-Fee
alp-4e-25-feet
26-feet-te-35-feet
9ver-35-feet �125:90
Alt-nonresidents �399 89
JULY 22, 1997 A-4 .1
(4}Alt-rneer-ing-permits,-shall--expire-en-.Beeember-3-1-ef-the year
of-issuance.
(5)--The location-of-eaeh--moer-ing-shall-be-assigned-by-the-Fisher-s
Island-Harbor-Committee,--which-shall-be-appointed--by-the-Town
Board-,
(6)-Alt-meer-ing-buoys-shal l-be--assigned-'a-ndrnber-which-shal l-be
affixed-to-the-buoy-by-the-per-mittee-in-number-s-at4east-five-(,5)
inches-in-height.
II. Chapter 33 (Fishers Island Harbor Management) of the Code of the Town of
Southold is hereby added as follows:
1. Section 33-1 (General Provisions) is hereby added as follows:
A Title/Applicability. This law shall be known as the
Fishers Island Harbor Management Law.
B Applicability. Unless otherwise provided each provision of
this law relating to Fishers Island shall apply to all waters
adjacent to Fishers Island Town of Southold from the mean high
water mark to a distance of fifteen hundred (1500) feet from the
shore.
2. Section 33-2 (Traffic Control Authority) is hereby added as follows:
The Bay Constables Fishers Island Constables, the New York
State Police and other law enforcement officers shall have
authority to control waterborne traffic as specified in Chapters
32 and 33 of the Southold Town code and other applicable
state and Federal statutes.
3. Section 33-3 (Fishers Island Harbor Committee) is hereby added as
follows:
The Town Board creates a Fishers Island Harbor Committee to
recommend policies for the management of the waters bounding Fishers
Island and to 'assist in administration of this Chapter..The membership
shall represent a wide range of groups interested in and using the waters
bounding Fishers Island Members shall be appointed for a five year term.
The Committee shall meet a minimurn two times per year. prior to and
after the boating season. Notice of the meeting shall be posted 10 days in
advance.
4. Section 33-4 (Speed and Wake Regulation) is hereby added as
follows:
No vessel shall be operated in a manner to create a wake,which
could endanger or disturb persons or property in any area'of
of Fishers Island waters No vessel shall be operated at a speed
greater than five (5) miles per hour in designated speed zones
or within three hundred (300) feet of shore pier, anchored or
moored vessels launching ramps marinas sailboat race, or
other congested areas.
142 JULY 22,- 1997
5. Section 33-5 (Water Skiing) is hereby added as follows:
A. Water skiing is prohibited in all areas where speed in excess
of five (5) miles per hour is prohibited.
B. The following regulations shall apply to Hay Harbor:
(1) Water skiing is permitted after 5:00 p.m. on weekdays and
all day Saturday and Sunday unless organized waterfront activities
have been approved by the Bav Constable.
(2) Water skiers will follow a pattern established by the first
boat to start skiing, i.e.. clockwise or counterclockwise.
C. Skiers will remain a minimum of one hundred (100) feet from
any dock or shoreline unless they approach or depart
Perpendicularly-to or from the shoreline solely for the purpose
of commencing or ending the ride.
6. Section 33-6 (Anchoring and mooring in West Harbor and Hay
Harbor) is hereby added as follows:
A. All boats temporarily anchored in waters bounding Fishers Island
shall anchor in an area established by the Fishers Island Harbor
Committee. subject to the following:
(1) No anchoring is permitted in inner West Harbor or Silver Eel
Pond.
(2) No overnight anchoring is permitted in Hay Harbor.
(3) Anchoring shall not be permitted for a continuous period of
more than three (3) consecutive nights within any fourteen (14) day
period within an anchorage unless authorized by the Fishers Island
Bay Constable, which authorization may only be granted for
emergency situations.
(4) No boat shall be so moored or anchored that it at any time
rests within any channel or interferes with the full use of such
channel, nor shall any boat be moored or anchored within
fifty (50) feet of any dock, pier or other boat docking facilities.
B. No permanent moorings shall be placed unless authorized by a permit
duly issued by the Fishers Island Bay Constable. An annual mooring
sticker issued to the permittee by the Fishers Island Bay Constable
indicates authorization of the permit.
(1) The location of each mooring shall be assigned by the Fishers
Island Harbor Committee for waters bounding Fishers Island.
The Committee shall consider optimurn use of available space,
vessel safety, environmental protection, impacts on shorefront
Property owners. whether the mooring will be used for vessel
storage or living aboard. and the size and class of vessel, while
assigning mooring locations.
(2) The fees for a mooring permit shall be those established by
resolution of the Southold Town Board.
JULY 22, 1997 143
(3) All moorinq permits shall expire on December 31 of the year of
issuance.
(4) All mooring buoys shall be assigned a number by the Fisher's
Island Bay Constable which shall be affixed to the buoy by the
permittee in numbers at least four (4) inches in height.
(5) The committee will maintain the mooring plan for West Harbor.
7. Section 33-7 (Use of a Vessel as an Abode) is hereby added as
follows:
A Use of a vessel as an abode whether at a dock, in a designated
anchorage or on a mooring designated for a live aboard use is
permitted for three (3) consecutive nights within any fourteen 04) day
period.
B. The Town Board authorizes the Fishers Island Harbor Committee
power to allow temporary exemptions to length of stay restrictions, by
considering the location of the vessel, overboard discharges associated
with the vessel and the reasons for requesting the exemption.
8. Section 33-8 (Mooring Maintenance) is hereby added as follows:
; r
A All moorings are subject to random inspections by a Bay
Constable or his designee who may require hauling,
repair or replacement for worn or defective tackle.
B. Moorings failing an inspection. or missing a buoy, or otherwise
defective or unsafe shall not be used until the condition is corrected.
C. If unsafe conditions persist; or the mooring is abandoned, the
Bay Constable shall order and direct the removal of the tackle. In
the event the owner fails to remove the tackle-within ten (10)
business days the Town may cause the tackle to be lifted and
removed The expense of such removal shall be a lien and charge
on the property of the boat owner until paid and shall be collected
in the same manner and the same time as other Town charges.
9. Section 33-9 (Allowable Special Use of Private Moorings) is hereby
added as follows:
Permittees may make their vacant mooring available to their quests
upon notification of and permission from the Fishers Island Bay
Constable or his designee, for a period not to exceed three (3)
consecutive nights within any fourteen (14) day period . Permission
shall be granted if the Quest vessel is of compatible or like size to the
vessel for which the mooring was approved and can be accommodated
with the approved mooring tackle and within the approved mooring circle.
(1) Live aboard quest use of a private mooring shall be limited to
the mooring field in West Harbor designated by the Fishers Island
Harbor Committee for live aboard use. Such use is subject to the
provisions governing use of vessel as an abode.
,i 4'4 JU.LY 22, 1997
10. Section 33-10 (Rafting) is hereby added as follows: .
Rafting on a single mooring will only be permitted for not more than
three (3) boats during the daylight hours and two (2) boats at night,
providing it does not interfere with adiacent single moorings or
anchorages or navigation of other boats. Owners or operators of rafted
vessels shall not leave the raft unattended and shall be available to tend
to the vessels in the event of heavy weather.
11. Section 33-11 (Discharge of Refuse) is hereby added as follows:
It shall be a violation of the law to discharge any untreated
or improperly treated sewage, refuse or waste matter, petroleum
product or by-product paint varnish dead animals, or debris
within Fishers Island waters or adiacent shores.
12. Section 33-12 (Unnavigable boats; hazards to navigation) is hereby
added as follows:
A Any boat which becomes a menace to navigation or unseaworthy
or sinks grounds or otherwise becomes disabled or incapable of
navigation shall be removed or restored to navigable condition by the
registered owner upon notice from the Southold Town Board or its
designated agent which notice shall be either by personal service
or be certified mail addressed to the registered owner's last known
address as given by him or as stated in his certificate of registration.
B. If such boat is not removed or restored to navigable condition
by the owner within one (1) week after the mailing of said notice.
the Southold Town Board 'or its designated agency may direct the
removal or destruction of the boat and the cost of said removal
including storage charges shall attach to and shall become a
lien upon said boat and said boat may be sold, upon direction
of the court at public auction to defray said expenses, any
surplus being returned'to the owner of record. The'town
shall not be liable for any damage done to said boat during
its removal, storage and sale.
13. Section 33-13 (Invalidity of Provisions) is hereby added as follows:
Should any provision of this law be adjudged by any court of
competent iurisdiction to be invalid, such judgment shall not
affect impair, or invalidate the remainder of this law,
but shall be confined in its operation to the clause, sentence,
paragraph section or part thereof directly involved in the litigation
in which such judgment shall have been rendered._
14. Section 33-14 (Penalties) is hereby added as follows:
A It shall be unlawful for any person, or agent of any person,
to fail to comply with any provision of this ordinance or to fail
in any manner to comply with a written notice. directive or order of
the Bay Constables or to conduct any operation in a manner not in
compliance with a permit issued pursuant to this law.
A
JULY 22, 1997 145
B. For every offense against any of the provisions of this law
or any regulations made pursuant thereto, or failure to'comply with
a written notice or order of the Bay Constables within the time
fixed for compliance therewith; any person, or any other
person. or agent of such, who commits, takes part or assists in
the commission of any such offense or who shall fail to comply
With a written order or notice of the Bay Constables shall,
upon conviction thereof, be guilty of a violation punishable by a fine
not exceeding two hundred fifty dollars ($250.00) or by imprisonment
for a period not to exceed six (6) months, or by both such fine and
imprisonment. Each day's continued offense shall constitute a
separate. additional violation.
Ill. This Local Law shall take effect upon filing with the Secretary of
State.
* Undorline represents additions
Strikethrough represents deletions
37.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
38.-Moved by Justice Evans, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 8th day of July, 1997, a . Local Law entitled, "A Local
Law in Relation to Parking on Montauk Avenue"; and
WHEREAS, , a public hearing was held .,on this Local Law on the 22nd
day of July, -1997, 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. 20 - 1997,
which reads as follows:
LOCAL LAW NO. 20 -1997
A Local Law in Relation to Parking on Montauk Avenue
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 92 (Vehicles V Traffic) of the Code of the Town of Southold is
hereby amended as follows:
1 . Article IV, Section 92-41 (Parking prohibited at all times) is
hereby amended as follows:
Name of Street Side Location
Montauk Avenue West At Fishers Island, starting -5-3-2- 559
feet south of the intersection of
Crescent Avenue, and extending
southerly for a distance of 21�
188 feet.
11 . This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline indicates addition
Strikethrough represents deletion
38.- Vote . of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
39.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 8th day of 'July, 1997, a Local Law entitled, "A Local
Law in Relation to Sound Beach Drive"; and
WHEREAS, a public hearing was held on this Local Law on the 22nd
day of July, 1997, 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. 21 - 1997,
which reads as follows:
LOCAL LAW NO. 21 - 1997
A Local Law In Relation to Sound beach Drive
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 65 (Parking at Beaches) Is hereby amended as follows:
1 . Section 65-2. (B) is hereby amended as follows:
B. The following road end areas are hereby designated as Town of '
Southold. "Parking by Southold Town Permit Only" areas:
.46 JULY 22, .1997
1 . Section 65-2. (B) is hereby amended as follows:
B. The following road end areas are hereby designated as Town of
Southold "Parking by Southold Town Permit Only" areas:
Sound Beach Drive, Mattituck, north side from the
Intersection of Inlet Drive westerly for a distance of
200 feet.
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
39.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
40.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and. 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is furthr
given that the Southold Town Board, in conducting an uncoordinated review
of this ' unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Lot
Recognition", which amends Chapter 100 (Zoning) of the Code of the Town
of Southold by automatically recognizing the creation of lots which were
created by deed prior to 1983 if those lots met the size requirements of the
zone in which they were located at the time they were created. The
proposal has been determined not to have a significant effect on the
environment because an Environmental Assessment form has been submitted
and reviewed and the Town Board has concluded that no significant effect
on the environment is likely to occur should the proposal be implemented as
planned.
40.- Vote of the Town Board: Ayes: Councilman .Moore, Justice Evans,
Councilwoman Oliva, Councilman ' Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was- duly ADOPTED.,
41 .- Moved by Councilwoman Oliva, seconded by Councilman Moore.,
WHEREAS, there was presented to , the Town Board of the Town of
Southold, on the 24th day of June, 1997, a Local Law entitled, "A Local
Law in Relation to Lot Recognition"; and
WHEREAS, this Local Law was referred to the Southold town Planning
Board and Suffolk County Department of Planning for recommendations and
reports, all in accordance with the Southold Town Code and the Suffolk
County Charter; and
WHEREAS, a public hearing was held on this Local Law on the 22nd
day of July,. 1997, at* which time all interested persons were given an
.opportunity to be heard thereon; now, therefor, be it:
, RESOLVED that the Town.. Board hereby enacts Local Law No. 22 - 1997,
which reads' as follows:
LOCAL LAW NO. 22 - 1997
A Local Law in Relation to Lot Recognition
BE IT ENACTED, by the. Town Board of the Town of Southold as follows:
.. Chapter 100 (Zoning)-.of the Code of the Town of Southold Is- hereby
amended as follows:
1 . Town of Southold Bulk Schedule AA is amended as follows:
Bulk Schedule AA
Town of Southold
Lot Size Width Depth
Date of Lot Creation (sa. ft.)) fit 1 f�
Prior to April 9, 1957 Any Any Any
Between April 9. 1957, and 29-999 4-99 1-59
December 1, 1971
A Residential Zone: 12.500 100 Anv
B �& B-1 Business Zones: -.500 50 Anv
B-2 Business Zone: 10.G00 50 Anv
iftltiole-Residence Zone: 12.500 100 Anv
C lhdustrial Zone: 12.500 100 Anv
JULY 22, 1997 147
Between December 2. 1971, 4-T5
and June 30, 1983
' A Residential Zone: 40,000 135 175
M_ Light Multiple Residence: 40.000 135 Any
M-1 Multiple Residence Zone: 80.000 200 Any
El-Light Business Zone: 20,000 60 AnY ,
B-1 General Business Zone: 30,000_ 150 Any
C-Light Industrial Zone: 40.000 200 Any
C-1 Heavy Industrial Zone: 200,000 300 Any
2. The Title of Section 100-24 Lot Creation is hereby amended as
follows:
§100-24 Lot Gfeatien Recognition
11 . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Strikethrough represents deletions
41 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: At this time, if there is anyone in the audience
that would like to address the Town Board, on any topic of Town
government, please, feel free.
JEAN SANFORD: I am Jean Sanford, and I live down at Locust Lane, and
We have been devastated by the removal of these ancient 300 year old
trees, and today we came into the Town Hall expecting some word about the
NVP report, which said, no trees could be touched, or anything . 100
years old shouldn't be touched. The place is full of honeysuckle, Norwegian
Pines, and. all in this report, and it gave us good hope that. .you .know,
this is a very bad thing that happened, and they shouldn't be rewarded for.
this. Whoever did it, I don't know who did It, but it was ';possibly
orchestrated. Just because it Is done we were fearful that .it wouldn't
count, and when you order to have a new study I didn't understand
exactly what it meant, and I like you to explain why the new study, and I
hope it won't just wipe away the fact that—like it was there,'. and , the
preservationists would back us. Rlght7 They would say, don't touch it
because it's there. Now it's that It's gone they will say, it's gone,
so—we'll have a parking lot, and just get out the macadam.
SUPERVISOR COCHRAN: No, Jean, that's why this morning after . we took
the action, I said, do you understand what happened here?
JEAN SANFORD: No, I didn't:
SUPERVISOR COCHRAN: I wish you had spoken up.
JEAN SANFORD: We weren't allowed to speak this morning.
SUPERVISOR COCHRAN: You could have said, no, that you didn't
understand, and then I would have explained. When you are going through
a zone change there are forms that you have to fill out in relation to the
environment, and we have this Nelson, Pope S * Voorhis do the job for
US. They went down, and they evaluated the environmental aspect of this
property. Now, we are ready to take action, and decide .whether It should
be further investigated environmentally, or the information we have now Is
enough, and that is a negative or positive dec. After seeing, and you
sharing all the information with us about what has happened down there,
and I know , that a lot was cut, I don't know to what level it had been cut,
when you first came in and saw me, and we immediately. . I called Ray
Jacobs immediately. It was not on the Town right-of-way. we sent the
inspector down immediately. It's residential property. Now, in residential
�., 4 8 JULY 22, 1997
property you can clear your property. If it's commercial, you can not do
that. You have to come before the Planning Board, and get a site plan, and
part of that is taken care of. In this report from Nelson, Pope and
Voorhis, my feeling, and the Town Board's feeling, the land has been
altered since this report was done, so we would like an update with the
property with the way it is now, before we make a decision that he has to
go further with an environmental study or not. Okay? In this study here,
Jean, it says, the property should be buffered. It says, that there is no.
opposition " from the neighborhood. That is why it is going back to Voorhis
to retook at the situation, because, ' as I said, the situation has changed.
It has changed because of actions taken.
JEAN SANFORD: And I don't want us to suffer, because of these actions
that were taken, because it is a dreadful thing, and I don't care if it is
residential, or whether it's commercial.
SUPERVISOR COCHRAN: ' There are Codes that govern both. We will let
you know when the next report comes back, because when he gives. us the
addition to this report we are still going to have to look at the same
action of requesting that the applicant go further, or we are happy with
what's been presented to us. So, we certainly will let you know when it
comes on the agenda, and you certainly may come and listen again.
JEAN SANFORD: I hope that this first report, that the good thing out of
the first report count for not allowing him downzoning.
SUPERVISOR COCHRAN: There is a whole process when someone applies
for a zone change. May I call upon the Town Attorney to relay the entire
process, so you understand what we have to go through before we can
reach—these is a public hearing. There is various things. Laury, would
you explain the whole process?
TOWN ATTORNEY DOWD: First there is an environmental review that will
provide the Town Board with information as to the Environmental Impacts of
this proposed action. Then the Town Board will review it, send it to the
Planning Board, and .to. the _County Planning Board for comments, and_ the
Town Board will hold a public hearing, and receive comments, and they will
evaluate everything, and only at that point will they decide.
SUPERVISOR COCHRAN: Just watch, and when _ we get to the public
hearing part, that is the time when everyone comes in,, and expresses their
feelings about the zone change. Is there anyone else that would like to
address the Town Board? Yes, sir? Mr. Martin?
FRED MARTIN: Fred Martin. Mrs. Terry faxed letters to me this morning.
You may be mistaken on one portion of it as far as the historical fact that
was on the house originally there. I will find out by tomorrow morning.
am having the original faxed . of the original plaque faxed ' out to me.
Moving on with this parking lot, it's going to be all the way from the video
store all the way up to 7-11 . It is now encroaching .on the residential
neighborhood, which I.-:live down in the neighborhood, and Councilman
Moore, you , live down there, _ too. It's not right what has happened up
there with Junie Albertson, whether he had the trees cut down, or
whoever had them cut down, it never should have happened. It's an
absolute disaster up there, and from my understanding, and I stated in my
letter to you this morning, it's rumored, and this is my rumor, that I am
hearing, that they are going to end up plowing down all of Colonial
Corners, and fill the whole parking lot all the way through there. Correct?
SUPERVISOR. COCHRAN: I don't know the specifics.
FRED MARTIN: Somebody better start looking into. it, because Colonial
Corners was originally made up of, I got to think, Katie Dourocher's
house, and a couple of other homes there, and then Junie Albertson put
in the buildings back there. You got the dry cleaner back there. It's nice.
It's quaint. The last thing I want is bunch of lakes up there in cars
stretching all the way from the video store to 7-11 . 7-11 is a mess enough
as it is. Okay? Now, . there is a point if you had brought up on your
resolution here ' tonight, 29, accepting the proposal of ' Nelson, , Pope, &
Voorhis, there is one point in here, the rezoning of R40 portion of the
site is an intrusion into the neighborhood. It should be mitigated through
JULY 22, 1997 149
the retention of vegetation, landscape screen, and maintenance of some
setback between the residential and commercial use. Also, if a new parking
lot is, used to store dealer cars site lighting may intrude on the community
during nighttime hours should be limited. On the next page, similar there
is limited potential impact.
SUPERVISOR COCHRAN: Wait a minute. You are not understanding I don't
think, Fred, because number 29 is accepting their proposal to do the
further study that .we need on this report for an X number of dollars. We
didn't accept it. We 'have to say to the guy, we want to hire you, and this
is the money, and we have to do it by Town Board resolution. So, that is
what number 29 is. There is nothing hidden there.
FRED MARTIN: This portion of this is gobbledegook, because it goes on
and it says, it is really an intrusion, and then on 'the second page, well,
gee, it's okay to do that. It's like, who is paying who to do what? There
is something wrong here, and . I don't really, know what it is, and I would
really love to find out.
SUPERVISOR COCHRAN: There is no hidden agenda here. He works for
us. I would like to encourage you to come to the public hearing. This is
where we want everything for the record of this particular action. Okay?
FRED MARTIN: Now, one other question, the trees that were taken down,
I am under the understanding, and this is from a Town employee who I will
not mention, which I don't think would be fair, so I would like it to be
checked out, that those trees were on the right-of-way.
SUPERVISOR COCHRAN: The minute Jean came in I called Ray Jacobs, and
he said, no, - that they weren't on the right-of-way. That is one of things
we checked immediately, because we could have ceased immediately. It was
not on the right-of-way. It's on privately owned property in a residential
zone.
FRED MARTIN: Thank you very much. I appreciate it.
SUPERVISOR COCHRAN: Fs there anyone else that would like to address
the Town Board?
MELANIE SANFORD: My name is Melanie Sanford. I live on Locust Lane as
well. If there is going to be a supplement to the review I was wondering
why couldn't an independent reviewer be hired for the" job? Basically there
are many things in the old review that we do agree with, and are happy
with, and how they could have reached the conclusions, you know, it seems
that something is conflicting. I thought if it is merely supplementing one,
why can't we hire someone else to do that for us?
SUPERVISOR COCHRAN: This man is independent. This is 'an independent
firm. The Town hires them to do this study for us.
MELANIE SANFORD: Are there no other independent firms, that can be"
hired. for this job? I mean, just to make sure that there is no question
that someone is going to do a" thorough investigation of it, and then we can
do proper comparison study. I mean how can somebody say, well, these
are my findings, and I am going to be very objective, and these are my
second findings, and I'm going to be very objective, these are my second
findings, and I am going to compare both of my particular findings. I mean
even scientists 'do' independent studies. to measure their work against, you
know, how accurate it is. I just wanted to suggest that perhaps we could
find somebody else to do the job, because there might be a problem there.
Do you think that could be a consideration?
SUPERVISOR COCHRAN-: They are a firm that is independent, and are
hired by the Town Board -to do the study.
MELANIE SANFORD: Would you be open to the idea of another independent
firm? I see, I don't know what line it was, they are doing some other work
as well for the Town. I don't know. You mentioned it tonight.
t
SUPERVISOR COCHRAN: For the towers, yes.
1;50 JULY 22, 1997
MELANIE SANFORD: Is there no other worthy firm out there?
COUNCILMAN MOORE: The applicant has paid once for the environmental
study. We are asking for an entire environmental study done again. We
asked him to go back and reevaluate their conclusions in light of the fact
that information has changed before we were asked to make a decision, so if
I sat there and told you. as a scientist before I make my decision, well, the
facts in which you operate are different, please, go out and examine the
factual situation. It.wasn't as it is now, when they gave us their report.
MELANIE SANFORD: I think it's still valid though that a person asked to
go back, and reassess a site being that they have done the job prior.
SUPERVISOR COCHRAN: But, they will reassess with the changes that
have been made.
MELANIE SANFORD: Actually, again, is it possible to get another
independent firm? How about an addition, because I think the Founder"s
Landing area would like to feel like all bases are covered, and that if you
want to hire them again:.to do another supplement perhaps, and maybe`at
our own expense, because I know it's $700, 1 think it was, $700 or $1000.
to have the review done. Possibly we could compare it in that respect. It's
a serious thought. I have ,one more thing to relay.
SUPERVISOR COCHRAN: I think you have to keep in mind, that the Town
Board ultimately is going to make this decision, not Voorhis. We are
going to evaluate what he' presents to 'us, but there is other factors that
enter into this, which we will learn at the time of the hearing, because
there will be presentations done both pro and con. We have to weight.
COUNCILMAN MOORE: We haven't . even decided . whether or not the
environmental review process is going to stop short under the information
provided in this twelve page form, that the information is sufficient, and
it would have a negative impact on the environment, and proceed from
there, or whether or not based on information and possibly supplement
information, that we require additional environmental information from the
applicant. We haven't even crossed that bridge yet.
MELANIE SANFORD: I am, eager to hear you discuss the findings as well.
was here this morning because I wanted to hear .you discuss the issues.
hope at some point that this original review will be discussed, because I
think there are some valid points, and I was looking forward to that this
morning. Unfortunately, nothing in the body was discussed.
COUNCILMAN MOORE: In all fairness the guy's conclusions are now
questionable, and in light of that the facts have ' changed. One of his
primary comments was, in light of the fact that those trees, and there is
buffering, if you are going to do this in an environmental standpoint you
are exactly right. Consider and maintain buffering. Now the facts have
changed. We will see how ,he reacted to that.
MELANIE SANFORD: I guess, I will try to say it just one time, I just
thought that there were some things that were interesting in the review,
and I wanted you to address them.
SUPERVISOR COCHRAN: We will be looking at all it, and we will be
addressing all of it in addition to the supplement which he will prepare for
us, because of the land changes that have taken place.
-COUNCILMAN TOWNSEND:` You are welcome to put your comments in
writing, by the way.
MELANIE SANFORD: Just a note on the tree trimming. I have to say it
happened July 15th. It was a Tuesday, 1 :35 P.M. in the afternoon,
because I had just come home for lunch, going back to work, and there
were two orange trucks parked on the side of the road with cones around
them, and I believe the name of the truck Asphan, and I stopped because
I was startled by the sight, and there were men trimming the tops of the
trees, and I said, what is going on at the end of the road, and the men
said, we are trimming the trees to get ready for a parking lot. There is
going to be a parking lot here. I kind of said, well, there goes the
JULY 22, 1997
neighborhood, and when I came back that evening the deed was done. I
mean, the trees were cut. It didn't look like a trim to me, and I am just
concerned because I thought the Suffolk County Planning Commission has
jurisdiction over anything that Is 500 feet from a State road, and I just
wondered if anybody bothered to check with Steve Jones, or Dr. Lee
Koppleman about the trees, and just wanted to mention that.
SUPERVISOR COCHRAN: Thank you. Is there anyone else who would like
to address the Town Board?
ANDREW MANET: My name is Andrew Manet. I .am research director
of the Long Island Neighborhood Network an islandwide environmental
organization with several members here in the Town of Southold, and some
of our neighbors asked us to come in and address the Board this evening
concerning the proposed downzoning. I just wanted to point out that
State Environmental Quality Review Act, the SEQRA, has set a very broad
standard of what has to permitted declaration, and certainly the kind of
affects that these people are already seeing from just.the beginning on this
project are showing a definite significant effect on the character of their
community, and SEQRA just requires that a negative declaration be found-if
there may be a significant effect on the environment. So, it seems, quite
apparently, that if you ask the people in this room whether there has been
a significant effect, there already has been one. So, that a negative
declaration certainly seems to be the most obvious course in this case from
the onset.
COUNCILMAN MOORE: I think you mean a positive.
ANDREW MANET: I'm sorry, a positive declaration. I'm 'sorry.
SUPERVISOR COCHRAN: It works opposite. The Board will be making
that - decision when the additional information we asked for comes back.
Also, the letters that we received to date will be sent to Mr. Voorhis in
relation to the whole situation, so he has a complete file on everything
that we have as he goes down to look at it a second time.
ANDREW MANET: I just 'have one' other question here, saying that the
areas that the trees were cut down on is a residential zoned area, and not
subject to tree trimming, or cutting? So, the Town doesn't have any tree
preservation program for residential?
SUPERVISOR COCHRAN: On commercial, and we plant trees, but you own
a piece of property, and you want to cut down your trees you have that
right. Is there anyone else that would like to address the Town Board?
You will have opportunity, just watch the paper, or perhaps, Jean, when
the hearing is scheduled, please, come in.
NANCY ZITO: My name is Nancy Zito. I live adjacent to the lot that
will eventually. . that they wanted to change to. commercial zoning. The
only other problem is, now that the trees are gone, there is nothing you
can do about the trees, but there is very hazardous traffic problems, and
the traffic problem is coming from around the corner on Cottage Place,
Mullen Motors around in front of my house and road, and it has gotten to
a point where, you know, we run outside and check our cars, and check
our kids, .because a tractor trailer is barreling down the road, that there
is nobody in the way. It has become very dangerous. I realize that if this
property is downzoned to commercial it will only make it worse. I can't
see that happening. I just want to see someone to do a study for. .there is
nothing really said, just very vaguely they mentioned about the traffic, but
nobody. . I mean, a traffic study should really be done. There shouldn't be
any large tractor trailer trucks coming down residential streets. There are
also delivery trucks come around the corner from Hobart.
SUPERVISOR COCHRAN: What is happening is they are going down
Hobart, and going across the two blocks to residential properties, and then
coming up Locust, and parking there. Now, Jean did bring that to our
attention. Also, she was concerned with the trucks, and so forth, so I
informed the Highway Superintendent Ray Jacobs, and he has posted some
signs. Jean, I don't know if this has improved anything or not. You have
to tell me. You live down there. There were signs put up. We did a
Local Law, no parking on Locust.
1; 52 JULY 22, 1997
NANCY ZITO: There is no sign. No parking all the way to Korn Road.
SUPERVISOR COCHRAN: I don't know how many feet we did it.
NANCY ZITO: 390 feet, and would be half way through the Schelin's
piece of property, and there are no signs.
SUPERVISOR COCHRAN: ' We'll check, because they are usually put up
immediately. So, I can't understand this, and I will give Mr. Jacobs a call.
NANCY ZITO: I want to know if traffic problems are going to be a
consideration?
COUNCILMAN MOORE: That issue would be raised even in the form of the
DEIS.
SUPERVISOR COCHRAN: Or we could raise it, too. We could raise it in
the supplement, revisit the traffic problem.
BARBARA ADAMS: My name is Barbara Adams. - I have property at 315
Cottage Place. I am directly next door to Mullens south parking lot.
wanted to oppose the zoning change. Since 1990 the traffic is so
hazardous. The trucks, half way into my driveway, it's very dangerous.
You know, I could not have my grandson out in my yard for any reason at
all. The proposal, if it should go through and there •is a parking lot in my
backyard, what kind of. a ;neighborhood is that? This is Southold. This is
not New York City. It is just out of control, and besides looking out at
floodlights in . my window, it just is not the way that it was. The reason
that I bought the house there, I knew there would be problems, but due to
the zoning laws the way they were, 1 felt I could deal with the problems as
long as the business stayed the way it was, you know, without significant
increases. So, that's where we are.
SUPERVISOR COCHRAN: Thank you. Remember you are more than
welcome when we have the hearing for this input. Yes?
DEBORAH SOTO: My name is Deborah Soto, and I'm also on Locust
Lane in Southold, and I am very disappointed because we just had a
brand-new house built there, and I was never informed from Century 21
that this is going to take place. I think what is disappointing, also, is
fears that they have to have all traffic wise trucks. blocking my driveway,
and it shouldn't be. It should only be for emergency use, and you know,
at the beginning it was nice living there, looking at these beautiful trees,
and now it just feels like a horrible thing.
SUPERVISOR COCHRAN: Is there anyone else who would like to address
the Town Board at this point?
DAVID LISS: My name is David Liss. I reside at 315 Cottage Place,
and' I would just like to add that in the environmental assessment that you
should look into the noise barrier that the woods provide, because, you
know, late :at night, as you a.11 know, the kids are at 7-11 . You know, it's
ridiculous what goes on there at night, and it does block out a lot of
noise. It really should be considered in the environmental assessment. I do
believe that she made a good point, that someone else should do it, because
as you mentioned also things were questionable that were assessed, so you
should consider another study. Thanks a lot.
SUPERVISOR COCHRAN: Is there anyone else that. would like to address
-the Board on any other topic in relation to Town Board business? (No
response.) If not, I will- ask the Board for Board reports, and I will start
on my right with Judge Evans.
JUSTICE EVANS: Just thank you to the Board for passing the Harbor
Management Law for Fishers Island.
SUPERVISOR COCHRAN: Councilwoman Hussie?
JULY 22, 1997 1 5 3
COUNCILWOMAN HUSSIE: I am not going to talk about the transfer
station. My favorite topic, it is just on my mind, because we got the plans
back from our engineers, and also, a hint about how much it is going cost,
and if we are going to be doing it soon, I think.
SUPERVISOR COCHRAN: Councilman Townsend?
COUNCILMAN TOWNSEND: We had another meeting of the Street Light
Committee. Actually it was over the phone. But, it is an interesting
issue. The Street Light Committee theoretically meets to review request for
street lights, and in a small rural town, that is an issue, because as you
point out while they create a certain sense of security, they can also
create an annoyance if they are shining in your window. So, when we get
a request for the additional street lights we weight it carefully. There is
also the addition cost that goes to the general taxpayers by paying for the
electricity from LILCO, as you know is not the least expensive utility. I
always look at these thing with an eye towards turning them down unless
there is a real safety problem, or something, and that is the way we are
going on this one. We have taken the policy of lighting main intersections;
side streets off main intersections, and unless there is a real problem with
the safety and welfare of the community we would not encourage the street
lights at this point. Also, we had ; interviews that we hired today. Carol
Lynn Betty is an extremely qualified person for the Adult Day Care
Supervisor up at the Human Resource Center, and we appointed Ed
Forrester,' which is hopefully the end of a long process working on how
to help resolve some of the issues at the Building Department, and
hopefully his appointment will allow the Building Department to spend most
of their time in there doing building permits, and inspecting houses, and
some of the management can be taken up by Mr. Forrester. There is a
Planning and Zoning Committee next Tuesday night. There are use changes
in both the Hamlet Business area,. which that property that you are talking
about is zoned now, and Business zone, as well as limited business zoned.
That means that- we discussed the possibility of allowing more uses in
certain areas, and less uses in others. We are encouraging business people
to come, because they wopld be- effected if their business is in these
zones. The three zones we are discussing are the LB, the HB, which is
what that property is, and the B, which is what the application is to go to.
So, hopefully we'll have it in here, and we'll allow an exchange_ of
opinions, which we have not had before.
COUNCILWOMAN OLIVA: I am just delighted that .we finally did get the
Fishers Island Harbor Management Plan done. People on Fishers Island and
their Civil Association, and their Harbor Management Committee have worked
very hard with the Department of State. The Department of State has been
a great help with their legal help, and Laury's help to get this plan in
place. It will be a separate chapter in the Code just specific ,to Fishers
Island. I think it's really important, and this way we can incorporate that
into our own waterfront revitalization. I was just delighted that it has
finally come to fruition. Last Wednesday we had a meeting of the Goldsmith
Inlet Work - Study Group, and we are just reviewing requests for proposals
in. order to obtain data for what we are going to do down at the Goldsmith
Inlet. Are we going to leave the jetty as it is? Do we do beach
nourishment? Do we do nothing at all? But, we have to data available to
make these determinations, and we are going to receive about $300,000 from
the State to do these studies as soon as the budget is passed. So, as soon
as the budget is passed we will have an agreement among the committee
itself to go for these proposals, and we will be ready to start collecting
data. I want to insure, though, the people east of the Mattituck jetty,
that have written to both Supervisor Cochran, and myself, about their
concerns about their bluffs, and these bluffs are in terrible condition, and
am hoping that some of the data that will be made available from the
Goldsmith study will be applicable to them. But, I urge everybody to write
to Senator LaValle, and Assemblywoman Acampora, to ask for additional
funds that this can be the next study that we undertake, because it really
Is important to get some sort of information on just what we are going to do
154 JULY 2.2, 1997
with the bluffs on the Sound. We, also, had a Code Committee, that I am
sure Bill Moore will report on about cellular towers, and that progressed
very nicely, because our moratorium is going to be up before we know it,
so we have a lot of work . to do. - Otherwise, they had a nice weekend at
Save the Bays. The kids and their sailing had a wonderful time, and they
had more people out then ever, so it was very nice. Thank you.
SUPERVISOR COCHRAN:. Thank you, Ruth. Councilman Moore?
COUNCILMAN MOORE: Just following up the Code Committee, we did meet
last week, and we had good progress on our law regarding wireless towers
uses, and. we are meeting ,again this week, trying to forge ahead, and get
the draft and final form, so we can move on that thing. Make one final
comment, and that is, I have been carrying a torch on my own with the
Village of Greenport, regarding information, and I continue to be
astounded, . and dumbfounded, that a request for . information can be
Ignored; and excuses can be given as to why information isn't provided.
This is function of being an academic question for information. I've -asked
just because I'm curious. I really am interested in the information that is
out there, and I can honestly tell you I am now angry over the delay.
have been getting excuses thrown my way. I have no desire to litigate
questions, just out of interest because I happen to be a lawyer; but I can
•tell you I am really angry that the Village has chosen not to respond. It is
my understanding that they at
responded to the Town Board request,
and I don't show my anger very often. My children may disagree with me,
but I try to keep a level head, and be calm, but I would be understating
to say I am not angry. Maybe someday we will get the information,
hopefully the Judge will compel them to do what I think they should have
been doing all along. Come join us at the Code Committee Thursday. We'll
talk about cell towers.
SUPERVISOR COCHRAN: ' Okay. It sounds good. I - would like to share
some things with you. 1, also, attended the meeting in Orient with the
Cooperative Extension in restoring some of the wetlands down there.
know Ruth also attended. • We have a Safety meeting. It runs about every
six weeks, which is held in relation to PERMA. Don't ' ask me what
PERMA stands for. It's Public Employees something Management, but it
has to do with insurance, and it shows the Town ways to make things safer
for our employees, and then our insurance rates come down. It is
everything from wires hanging under a desk where someone might trip, to
rugs that have wrinkled up, and should be smoothed back, and we have
some of those, too. But all the departments are working to comply. They
check, also, the Landfill. They, also, check the Highway Department. They
check the Nutrition Center, so that we can do everything we possibly can
to try to lessen rates on our insurance. I had the opportunity to go over
to WLNG on Monday, and do a program with John Raynor on hurricanes.
We are not wishful thinking, and hoping they will come to Southold, but we
feel that there is information that people should have in relation to a
hurricane that might come up to our coast. I serve as the Emergency
Preparedness Officer for Southold Town, and John Raynor is my Deputy.
We spent most of the program . talking about the 1938 hurricane, and of
course I was able to do most of the talking, because I was the oldest one
there, and I do remember it, sitting in the classroom in Riverhead School,
and watching the trees come down and so; forth. • On Tuesday we had a
Labor Management. meeting of which Bill also serves on that committee, and
it is three representatives from the Town Board side, and ' three
representatives, one is Highway Superintendent, and on the other side is
the Union President, and two Union representatives,. and we try to discuss
some of the problems before they become big problems, and while they are
still small. So, it's very effective. Also, I had the opportunity to go to
the Agriculture Advisory Committee. We -are looking' at the possibility of
another bond issue this election for $2,000,0000 for a Farmland Preservation
Rights. Again, this is something that goes to the public for decision, and
we just feel that it is Important that you have the opportunity if you feel
strongly about continuing buying farmland development rights .in the Town
of Southold, then you have the opportunity to support the proposition or
vote against it. I think we like farmland preservation rights a little bit
more. . l would like to see both land preservation, and farmland development
rights, but at least the 'farmland development rights is more popular
because the property stays on the tax rolls, and that is important in
JULY 22, 1997 1_ 5
relation to our taxes. Also, it is being supported by the Land Preservation
Committee. So, we will be talking. You will be hearing more about that as
the Town Board further discusses that. I had the opportunity to go to
Riverhead Town Hall, and meet with some of their people in relation to
recreation. It was myself, and Ken Reeves, and Jim McMahan from
Southold, and it was two Little League people from the North Fork, and
also, Riverhead was Russ Crowder, - who was Deputy Supervisor, but he
is in charge of overseeing the. budgets of the Rec Department in
Riverhead. We have 600 kids that play Little League in the Town of
Southold. We have more than the Town of Riverhead. There is a very
strong feeling within the -group that they would like to bring these
ballfields to one area. It gives them an opportunity in playoffs, and
now the way it is broken out there is Mattituck Little League, and
Cutchogue Little League, and Creenport, or wherever, and if they get into
playoffs they can't .draw from those other leagues, but they could draw
from within their league, and so forth. We sat down. We talked about it,
and Mr., Crowder is going to be sending me some information on that, and
hopefully we can look at some parks and playground development. Also,
Monday, which was only yesterday. It seems a long time ago, but we had,a.
department head meeting. Department heads do meet once a month, and we
discuss (tape change.) I want to thank you all for joining us. We
certainly will keep in touch with you, Jean.
JEAN SANFORD: You said that they were going to put lights on, electric
lights, and I was just wondering, are you going down on Mill Colony Road,
down Richmond Road, is that where you are going to extend these lights?
COUNCILMAN TOWNSEND: I think I misunderstood. I actually said, we
weren't going to put lights. I don't want to talk about the community that
requested it, but at this point we are not putting additional lights. We are
hesitant to put additional lights.
JEAN SANFORD: I thought you were going to put them down there.
Thank you.
SUPERVISOR COCHRAN: Jean, we get 'requests from time to time. You
notice in Southold Town most - of the lights are on curves, or on
intersections where it is kind of traffic kind of control things, and it
gives an indicator.. That's how I always tell when I ride through Southold
Town, if there is a street light there has got to be a road there. Really,
it does, and it kind of helps motorists as you drive along. You know all of
us out here we don't drive by street road names, at least I don't. You say,
you turn left at the big house, then make a right at the split in the road,
and that's how we give directions. That's part of country living. Before
ask for a motion to adjourn, we would like to end tonight's meeting- with a
resolution. We lost , David E. Walker, a member of the Creenport
community, and he has served in the past in public service. So, the Town
Board adjourns in the memory of David E. Walker former Creenport Village
Mayor, and Southold Town Assessor. Thank you for joining us.
Moved by Supervisor Cochran, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
9:00 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.
AJudith T. Terry
Southold Town Clerk