HomeMy WebLinkAboutTB-09/02/1997 2.22
SOUTHOLD TOWN BOARD
SEPTEMBER 2, 1997
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie, Councilman
Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans,
Councilman William D. Moore, Town Clerk Judith T. Terry, Town Attorney Laury
L. Dowd. .
9:10 a.m. - Senior Planner Valerie Scopaz, Data Processing Equipment Operator John
Sepenoski, .Assesor Chairman Scott Russell, and . Assessor Robert Scott, met with
the Town Board to discuss the proposed License Agreement between the Suffolk
County Real Property Tax Service Agency and the Town for the purpose of
obtaining certain digital data sets from the Agency's computer data base, otherwise
known as the Suffolk County . GIS Basemap, in order to enable the Town of Southold
to use such data. Without this agreement the Town cannot access important
geographic data. Board members objected, to the necessity of such an agreement,
and before moving forward, would like to prepare wording to reflect their protest.
Councilman Townsend agreed to prepare something for the September 16th Board
meeting.
9 :35 a.m. - Senior Accountant John Cushman met with the Board to review the
proposal of WorldCom to provide local and long distance telephone services to the
Town. After a call to the State Comptroller's office, it was determined the Town
is required to go to bid for these services. Town Attorney Dowd will prepare the
bid specifications. _
9 :45 a.m. - Director of Code Enforcement Edward Forrester met with the Town
Board to review his survey ' of other towns for a comparison of permit fees. His
report will be referred to the Code Committee.
10:05 a.m. - The Board took up the following For Discussion items: A resolution
(1) was placed on the agenda appointing Assessor Chairman Scott A. Russell to the
Affordable Housing Ad Hoc Committee-----A resolution (16) was also placed on the
agenda reappointing David Horton and John Sidor Jr. to the Agricultural Advisory
Committee, as- well as a resolution (17) to advertise for two new members of that
committee.----The Town ` Board reviewed a letter from Jack and Peggy Foster,
Cutchogue, asking the Town to take action with regard to wedding receptions being
held at Pellegrini's winery, their neighbor, with amplification sound systems and loud
music. The sound is so great that it blocks out even causal talk in their yard and
living room. The Town Board will ask the Code Committee and Director of Code
Enforcement Forrester to look at the regulations with regard to events being held
at the' wineries.----Councilwoman Oliva submitted . a proposal to extend the
moratorium on telecommunication towers for another two months. It was thought
there would not be enough time to circulate the proposed local law to the Town and
County Planning Boards to permit a public hearing to be held on September 16th.
However, prior to the 4:30 p.m. Regular Meeting Councilman Townsend spoke to
County Planning who agreed to handle it by fax, and a resolution (28) was added
to the agenda to hold a public hearing.----The Board reviewed the recommendations
of. the Planning Board with regard to the :'Local Law in Relation to Telecommunication
Facilities" and agreed to make the Planning Board's suggested changes to the law
(resolution 13) .----The Board next reviewed the Part III Environmental Assessment
Form on the telecommunication law, and directed Town Attorney Dowd to have the
consultant prepare a Determination for the September 16th Board meeting.
10:50 a.m. - Solid Waste Coordinator James Bunchuck met with the Board to discuss
the STOP Program facility hours, 8:00 a.m. - 4:00. p.m. ; Tuesday and Saturday.
The Board agreed that to add to those days would require additional personnel, at
additional cost. Instead, they asked Mr. Bunchuck to develop a public relations
campaign to encourage residents to take advantage of 'the facility, and not throw
the hazardous waste in with their garbage.----Discussion was held with regard to
replacing` Mary Mulcahy, Recycling Volunteer, and a position description will be
developed by Mr. Bunchuck so the Town Board can advertise the position.
SEPTEMBER 2, 1997 22:3
11 :25 a.m. - For Discussion items continued: The Town Board;.asked Town Attorney
Dowd to prepare the necessary local law to make the Transactional Disclosure Form
a requirement under the Ethics Code.----Councilman Townsend brought to the
Board's attention the fact that the public is denied access by boat at Long Beach
at Orient 'State Park. Only those persons who enter the park and pay the admission
fee may access that area of the park. He asked that a letter be sent to Bernadette
Castro, NYS Commissioner of Parks, asking that regulations be modified and a new
policy be developed with regard to boaters. Historically, until recently, boats have
anchored off shore and the public has accessed the beach.----The Board discussed a
proposal from Steve Ridler, NYS Department of State, with regard to the Department
of State's Scenic Areas of Statewide Significance (SASS) program, which was
recently presented to the East End Mayors and Supervisors. The proposal covers
an Environmental Protection Fund Application for a regional survey, and would cost
between $150,000 and $200,000 for the east end, and is based on an estimated of
$20,000 per town for the survey work and $50,000 for the preparation of supporting
documentation, including ' detailed descriptive narratives of the . subunits and the
candidate scenic areas, photographs and mapping, as well as public information
meetings during the survey work. The Town Board expressed their interest, but
on the suggestion of Councilwoman Hussie, will suggest the cost be based upon the
population of each town.----The Board received a request from Bell Atlantic NYNEX
Mobile to lease space on the Town tower behind police headquarters. The request
has been sent to PSDIII Raynor for analysis, and will be discussed further when
his response is received.----Councilwoman Hussie announced that the Town does not
need to build a transfer station. We are shipping less than 12,500 tons of MSW per
year, and is only required to register as a Solid Waste Management Facility. She
has received confirmation from Tony Cava of the NYS-DEC, . who told her he has
never, seen the Town of Southold facility as a problem, and would approve the
registration. This will be pursued and an application filed.----Councilwoman Hussie
reported on the trip to Albany to view the AgBag. She will now proceed to gather
information for instituting the system at the Disposal Area.----Councilwoman Hussie
also presented a plan for reconfiguration of the recycling area at the Disposal Area,
and made- a report on the meeting with the NYS-DEC regarding closure of the
Landfill, as outlined in a memorandum from Thomas Maher of Dvirka and Bartilucci
Consulting Engineers.----The Board set 8:30 a.m. , Wednesday, September 10, 1997,
for interviews of applicants for the Transportation Committee.----Placed a resolution
(20) on the agenda to advertise for members of the Anti-Bias Task, Force.----Placed
a resolution (21) on the agenda to appoint Deborah Winsor, Chairman of the
Landmark Preservation Commission to . the Fort Corchaug Ad Hoc Fort Area
Committee.----Placed a resolution (22) on the agenda to reassign Charles Tyler from
full-time to part-time PSD.
12:40 p.m. - Recess for lunch.
2:00.. p.m. - Work Session reconvened, and the Board discussed setting a fee for
a farm stand. Director of Code Enforcement Forrester suggested between $35.00
and $50.00. A resolution (24) was placed on the agenda to set the fee at
$35.00.--Letter from Riverhead Town Director of Community Development with regard
to the proposed Calverton Enterprise Park was discussed. Riverhead Town would
like , a resolution of support from Southold Town for their application for the
designation of Calverton Naval Weapons Industrial Reserve Plant as an Economic
Development Zone, which would provide numerous incentives to businesses locating
within the designated zone. Councilman Townsend said he would like to see wording
to the effect that Riverhead provides for interstate commerce, and he will prepare
such wording for the next Board meeting.----Supervisor Cochran reported that she
has been in communication with Senator Kenneth LaValle's office, and they advise
her that they feel they could double the funding for Goldsmith's Inlet study to
include a study of the entire Long Island Sound shore of Southold Town. She will
be working with the senator's office to accomplish this.
2:45 p.m. - The Town 'Board reviewed the resolutions to be voted on at the 4 :30
p.m. Regular Meeting.
EXECUTIVE SESSION
2:55 p.m. - On motion of Justice Evans, seconded by Councilwoman Oliva, it was
Resolved that the Town Board enter into Executive Session to discuss employment
history and litigation. 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.
3:40 p.m. - Work Session adjourned.
224
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on
September 2, 1997, at the Southold Town Hall, Main Road, Southold, New
York. Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge
of Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J . Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
' Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
Absent: Justice Louisa P. Evans
SUPERVISOR COCHRAN: Can I have a motion to approve the audit of the
bills of September 2, 1997?
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town, bills in the amount of $62,191 .38; General Fund
Part Town bills in the amount of $4,215. 10; Community Development Fund
bills in the amount of $120,000.00; Highway Fund Whole Town bills in the
amount of $5,022.87; Highway Fund Part Town bills in the amount of
$6,412.44; CHIPS (Highway Part Town bills in the amount of $89,488.50;
Capital Projects Account . bills in the amount of $535.00; Ag Land
Development Rights bills in the amount of $250.00; . Employee Health Benefit
Plan bills in the amount of $10.63; Fishers Island Ferry District bills in
the amount of $15,609.93; Refuse E Garbage District bills in the amount of
$102,231 .63; Southold Wastewater -District bills in the amount of $645.77;
Fishers Island Sewer District bills in the amount of $543.33; Southold
Agency E Trust $8,977.94.
Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie. Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Can I have a motion to•,.,,approve the minutes of
August 19, 1997?
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the minutes of the August 19, 107, Town Board meeting
be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: A motion to set the next Town Board meeting for
Tuesday, September 16, 1997, at 7:30 P.M.
Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was
RESOLVED that the next regular meeting of the Southold Town Board,
will be held at 7.30 P.M., Tuesday, September 16, 1997, at the Southold
Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBER 2, 1997 225
I . REPORTS.
SUPERVISOR COCHRAN: We receive each month from the different
departments and committees reports. They are filed with the Town Clerk.
If there is any area that you are interested in, they are certainly public
information, and available for your perusal.
1 . Southold Town Justice Price's Monthly Court'Report for July, 1997.
2. Southold Town Planning Board Monthly Report for June, 1997.
3. Southold Town 'Planning Board Monthly Report for July,..1997.
If . PUBLIC NOTICES
1 . New York State Department of Environmental Conservation, Notice of
Complete Application of John B. Dwyer to construct an ,addition and bump
out and concrete patio to existing single family dwelling. Proposal to be
27' and 40' from the wetland boundary. The project is located at 2625
Bayshore Road, Greenport, New York. Comments to be received by
September 19, 1997.
III . COMMUNICATIONS.
SUPERVISOR COCHRAN: We have several communications, kind of thank
you letters for the services at the Human Resource, and a thank you to the
Police Department for a quick-- response down to the Maritime Museum in
Greenport.
1 . Dennis D. Claire, Jr. with commendation of the excellent services
provided at the Human Resource Center.
2. . Merlon E. Wiggins, Chairman of the - Board of the East End
Seaport Museum and Marine Foundation with appreciation of the Southold
Town Police for their prompt response to a break in at the museum.
IV. PUBLIC HEARING. None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy in
relation to resolutions. We will begin to act on resolutions. If there is'
anyone that would like to address any of the resolutions, please feel free
to share it with the Board at this time. Mr.. Carlin?
FRANK CARLIN: Ladies and gentlemen of the Board. Frank Carlin, Laurel.
After being away so long my volume has dropped. It takes awhile to build
it up. Resolution #10, $2,000,000, you know it's alright for farmland
preservation and open space, but I think we are getting a little bit carried
away with this thing. You know it's easy to float a bond for $2,000,000,
but you got to remember, you got to pay interest on these bonds. What 'are
we .going to do with all these bonds that we float in this town,- when they
mature? Where are we -going to get all this money from to pay them back?
That's only one reason. Too much open space is not good either. ' It's good
to have some, but not too much. You buying that one million one a while
back on one, and we spent $23,000 an acre. To me you get too much open
space. It's just not right. I don't how I can explain this, but a town
can't only survive on open space. You got to have business to survive.
It's going to get to a point where unless you are a millionaire, or a four
or five bagger, you ,are not going to be able to live in this town. What I
mean by that is, people who are retired, both retired, both on Social
Security, and the fifth bag is the one that is investments in stock. That's
the only way you are going to live in this town. All of this open space,
look at the open space, like I said, it's good to have some. Reach a happy
medium. All this open space don't put food on your table, and pay your
taxes, or jobs. I could talk more on this but this is 'a resolution, I have
got other things I got to say tonight. I am going to cut it short this
time, but we got to watch it. You can go overboard on this. We just saved
$2,000,000 by not having a. transfer station, thanks to Alice Hussie here.
Don't need a transfer station, we saved $2,000,000 on that, and now you
are going to go and ask for a bond here for $2,000,000 for open space.
You got to remember, you lay out money, or borrow, like a bank, you got
to pay it back some day. Where is all this going to come from?
Incidentally, how much interest do we charge on these bonds?
SEPTEMBER 2, 1997
SUPERVISOR COCHRAN: We go out to bid, Frank.
FRANK CARLIN: On the average, eight, seven percent?
COUNCILMAN MOORE: Five percent.
FRANK CARLIN: That's still five percent on $2,000,000, and then when
they mature you have to pay it back. Where Is all this money going to
come from all of a sudden? I could continue on this subject. I will in the
future, but I want to keep this short. Someone else may want speak. You
go to watch it. Open space is nice. In the future, -let's reach a happy
medium on it. Let's not get carried away with it.
SUPERVISOR COCHRAN: Thank you for your comments, Frank. Anyone
else like to address the Board on any of the resolutions? (No response. )
If not, we will take action on the resolutions.
1 .- Moved by Councilman Townsend, seconded by Councilwoman Hussie, 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 Buildings
S Grounds through the end .of the year:
To:
A.1620.1.100.100 Buildings &Grounds, Personal Services
Full Time Regular Earnings $ 20,000.00
A.1620.1.100.300 Buildings & Grounds, Personal Services
Full Time Vacation Earnings 1,124.00
A.1620.2.500.200 Buildings &Grounds, Equipment
Vacuum Equipment 660.00
A.1620.4.100.100 Buildings & Grounds, Contractual Expenses
Miscellaneous Supplies 10,000.00
A:1620.4.100.300 Buildings & Grounds, Contractual Expenses
Janitorial Supplies 1,000.00
A,1620.4.400.600 Buildings &Grounds, Contractual Expenses
Equipment Maintenance/Repairs 5,000.00
From:
A.1620.1.100.200 Buildings & Grounds, Personal Services
Full Time Overtime Earnings $ 1,124.00
A.1990.4.100.100 Contingent, Contractual Expenses
Unallocated Contingencies 8,660.00
A.71 10.1.100.100 Parks, Personal Services
Full Time Regular Earnings 28,000.00
1 .- Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
2.- Moved by Councilwoman Hussie, 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 donations held in
Trust & Agency account for the Office for Women:
To:
Revenues:
A.2705.40 Gifts S Donations
Other Donations $ 1,040.00
Appropriations:
A.6142.4.400. 100 Office for Women, Contractual Expense
Workshops, Support Services $ 1,040.00
2.- Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBER 2, 1997 2-27
3.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Town Clerk to advertise for bids for the following items for
1998:
Milk for the Human Resource Center
Food for the Human Resource Center
Police -Department Uniform Clothing
Cleaning Uniforms of the Members of the Police Department
Gasoline for Town Vehicles
Heating Fuel Oil for Town Buildings
Diesel Fuel Oil for Highway Department and Disposal Area
Removal and Disposal of Household Hazardous Waste from Collection Center
Removal of Scrap Tires from Disposal Area
Removal of Scrap Metal from Disposal Area
Town Yellow Garbage Bags
3.- Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
4.- Moved by 'Councilwoman Hussie, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the amount of $49,608.00 for a performance bond for roads and
improvements 'in the minor subdivision of Russell Pelicano at Bayview,
Southold, all in accordance with the recommendation of Engineering
Inspector Richter and the Southold Town Planning Board.
4.-Vote of the Town Board: Ayes: Councilman Moore, 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:
authorizes and directs Supervisor Jean W. Cochran to execute an application
to the Suffolk County Water Authority for connection of the Southold Town
Human Resource Center, 750 Pacific Street, Mattituck, N.Y., to public
water, in consideration of . the Authority's installation of free water mains
and basic service tap; said application all in accordance with the approval
of the Town Attorney.
5.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
6.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an Extension
Agreement between the .Suffolk County office for the Aging and the Town of
Southold to extend the term of the C.S.E. Housekeeper Chore Service from.
March 31, 1997 through . March 31, 1998, on a fee for service basis at the
rate of $10.30 per hour for the Budget Period and shall not exceed
$18,136.00 in the aggregate; said agreement all in accordance. 'with the
approval of the Town Attorney.
6--Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,-
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
7.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute a Master
Agreement on Terms and Conditions of Accepting Airport Improvement
Program Grants, as required by the U.S. Department of Transportation,
Federal Aviation Administration, for incorporation into every Grant
Agreement for Elizabeth Field, Fishers Island, New York.
COUNCILMAN TOWNSEND: This is on the airport over there. Improvements
have to ' be made from time to time, which are funded, by the Federal
Aviation Administration.
7.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBER 2, 1997
8.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the 1997 Solid Waste Management District budget as follows:
Amount Budget Line: Budget Line
S 3, 000 Maint. John Deere 744 Tires (Payloader/Truck)
Payloader SR 8160. 4 . 100. 525
SR 8160.4.'100.550
$ 2, 000 Tub Grinder Maint/supplies Tires (Payloader/Truck)
SR 8160. 4 . 100.595 SR 8160. 4 . 100. 525
$ 2, 000 Tub Grinder Maint/Supplies E-7. Pass Account
SR 8160. 4.100.595 SR 81.60. 4 . 100. 585
$ 2, 000 Tub Grinder Maint/Supplies Ma.int/Supply 816E Compactor
SR 8160. 4.100.595 SR 8160. 4. 400. 610
$ 250 Maint-Facilities/Grounds Mai.nt/Mack Tractor
SR 8160.4.100.800 SR 8160. 4 . 1,00.590
$ 1, 000 Administration/Overtime Part •Time Employees/Regular Earnings
SR 1490. 1. 100.200 SR 8160. 1 . 200. 100
8.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
9.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of Lauren C. Cundiff, Day Care Driver,
effective August 19, 1997.
9.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
10.-Moved by Supervisor Cochran, seconded by Councilwoman Oliva,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED SEPTEMBER 2, 1997, AUTHORIZING THE ACQUISITION
OF INTERESTS OR RIGHTS IN REAL PROPERTY WITHIN SAID TOWN
FOR THE PRESERVATION OF OPEN SPACE AND AREAS, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS $2-,000,000,
APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE
ISSUANCE OF $2,000,000 SERIAL BONDS OF SAID TOWN TO
FINANCE SAID APPROPRIATION, STATING THAT LAND
INSTALLMENT PURCHASE OBLIGATIONS ARE 'AUTHORIZED TO BE
ISSUED PURSUANT TO THIS BOND RESOLUTION, AND DETERMINING
THAT THIS BOND RESOLUTION. SHALL BE SUBJECT TO A
MANDATORY REFERENDUM.
Recitals
WHEREAS, pursuant to Section 247 of the General
Municipal Law, constituting Chapter 24 of the Consolidated Lawn
of the State of New York (herein called "Section 247") , the Town
of Southold, Suffolk County, ' New York (herein called "Town") , is
authorized to acquire interests or rights i.n real property for
the preservation of open spaces and areas . an defined therein; and
WHEREAS, the acquisition of interests or rights in land
located throughout the Town for the preservation of open spaces
and areas and conserving the character of local communities must
be found, determined and deemed to be necessary, in the public
interest and a proper public purpose of the Town in accordance
SEPTEMBER 2, 1997 229
with the findings and determinations of the State Legislature as
not forth in Section 247; and
WHEREAS, in pursuance thereof, the Town desires to
implement the land acquisition and financing program hereinafter
net forth and 'to authorize the issuance of land installment
purchase obligations for the purpose of financing the acquisition
of such interests or rights in real property:
Now, therefore
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of
not less than throe-fifths of all the members of said Town Board)
AS FOLLOWS:
Section 1. The Town is hereby authorized to acquire
such interests, including the fee or any lesser interest, or
developmental rights, casements, covenants or other contractual
rights, in various parcels of real property within the Town for
the preservation of open spaces and areas and conserving the
character of local communities, as may be authorized from time to
time, by the Town Board of the Town, after due notice and a
public hearing, pursuant to the provisions of Section 247 and
applicable provisions of the Town of Southold Code, including
incidental costs incurred in relation thereto, such acquisition
being hereby found, determined and deemed to 'be necessary and in
the public interest and a proper public purpose of the Town in
accordance with the findings and determinations set forth in
Section 247; provided, however, that no such interest or right in
any piece or parcel of such lands shall be acquired until all
relevant provisions of the State Environmental Quality Review Act
(herain called "SEQRA") , constituting Article a or the New York
Environmental conservation Law, have been complied with and a
final declaration as to environmental impact has been duly
declared by the entity duly authorized to make such determination
and declaration. The estimated maximum cost of said class of
objects or purposes, including preliminary costs and costs
incidental thereto and the financing thereof 'is $2 , 000, 000, and
said amount is hereby appropriated therefor. The plan of
2.3,0 SEPTEMBER 2, 1997
financing includes the issuance of. $2, 000, 000 serial bonds of the
Town to finance said appropriation, and the levy and collection
of taxes on all the taxable real property in the Town to pay ,the
principal of said bonds and the interest they®on as the same
shall become due and payable.
Section 2. Serial bonds of the Town in the principal
amount of $2, 000, 000 are hereby authorized to be issued pursuant
to the provisions of the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (herein
called "Law") , to finance said appropriation.
Section 3 . The following additional matters aria hereby
determined, stated and declared:
(a) The period of probable usefulness of said class of
objects or purposes, as described herein, for which the serial
bonds authorized.,.pursuant to this resolution are to be issued,
within the limitations of *Section 11. 00 (a) 21. of the Law, is
thirty (30) years.
(b) All or a portion of the indebtedness to be
contracted by the Town for the purpose of financing the
acquisition of such interests or rights in real property may be
issued in the form of a land installment purchase obligation or
obligations pursuant to the provisions of Section 29. 10 of the
Law; any portion of said estimated maximum cost that is not
financed by the issuance of a land installment obligation or
obligations may be financed through the issuance of such bonds or
bond anticipation notes.
(e) The proceeds of the bonds herein authorized and
any bond antieipation 'notes issued in anticipation of said bonds
may be applied to reimburse the Town for expenditures made after
the effective date of this resolution for the purpose or purposes
for which said bonds are authorized. The foregoing statement of
intent with respect to reimbursement is made in conformity with
Treasury Regulation Section 1. 150-2 of the United States Treasury
Department.
SEPTEMBER 2, 1997 .G 31
(d) The proposed maturity of said $2,000,000 serial
bonds will exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds as well as any bond purchase obligation
shall contain the recital of validity as prescribed by Section
52 . 00 of the Law and said bonds and any notes issued in
anticipation of said bonds, shall be general obligations of the
Town., payable as to both principal and interest by general tax
upon all the taxable real property within the Town without
limitation of rate or amount. The faith and credit of the Town
are hereby irrevocably pledged to the punctual payment of the
principal of and interest on said bonds and any notes issued in
anticipation of the sale of said bonds and provision shall be
made annually in-the budget of the Town by appropriation for (a)
the amortization and redemption of the bonds and any notes in
anticipation thereof to mature in such year and (b) the payment
of interest to be due and payable in such year.
Section 5. ' Subject to the provisions of this
resolution and of the Law and pursuant to the provisions of
Section 21.00 relative to the authorization of the issuance of
bonds with substantially level or declining annual debt service
and of Section 30. 00 relative to the authorization of the
issuance of bond anticipation notes and of Section 50. 00 and
Sections 56.00 to 60.00 of the Law, the powers and duties of the
Town board relative to authorizing bond anticipation notes and
: ..prescribing the terms, form and contents and as to the sale and
issuance of the bonds herein authorized and of any bond
anticipation notes issued in anticipation of said bonds, and the
renewals of said bond anticipation notes, are hereby delegated to
the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by
this resolution and of any notes issued in anticipation of the
sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to expend
money, or
� .2 SEPTEMBER 2, 1997
(b) the provisions of law which should be complied
with at the date of the publication of much resolution are
not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
(a) such obligations are authorized in violation of
the provisions of the constitution.
Section 7 . A proposition for the approval or
disapproval of this bond resolution shall be submitted as a
Proposition to the qualified voters of the Town at the Biennial
Town Election to be held on November 4 , 1997 , and this bond
resolution shall take effect upon the approval of the Proposition
by said voters of the Town at that referendum vote.
COUNCILMAN TOWNSEND: . 1 would like to make comment, because there
was a comment addressed to this. I think Mr. - Carlin said that how can the
Town exist with all this open space? Well, the town has been marked by
open space for 340 years, and in fact it seems to be development that
generates taxes. None the less this is something . the people want to
consider, because it is a large amount of money, and we have been doing
this for some time. This bond issue is roughly equivalent to a policeman for
the entire term of his duty, if he is here twenty years. Actually, probably,
in the future it will be more. So, when you vote on that you can consider
this, but also consider that we may not need that policeman, if we have
more open space, because population is what causes school taxes to go up,
and also, cause the need for additional roads, and additional employees. So,
It's something that I think .as citizens you should consider. I am personally
going to vote for it.
10.- Vote of the Town Board: Ayes: Councilman Moore, ,Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
11 .- Moved by Councilwoman Oliva, seconded by Councilman Moore,
THE TOWN ..BOARD OF THE TOWN OF .'SOUTHOLU, IN THE
COUNTY OF SUFFOLK, NEW.YORK, HEREBY RESOLVES AS FOLLOWS:
Section 1 . At the Biennial Town Elec: on of the Town
of Southold (herein called "Town" ) , In the Count} of Suffolk, New
York, to bd held on November 4 , 1997 , between the hours of 6 : 00
o' clock A.M. (Prevail_ng `'me) and 9 : 00 o' clock P .M. (Prevailing
Time) or as much longer as may be necessary to enable the voters
then present to cast their votes , the following Proposition shall
be included in the Notice of such Biennial Election shall be
submitted to the qualified voters, as hereinafter referred to .
Section 2 . The Town Clerk is hereby authorized and
directed to publ_sh at least once in "THE SUFFO LK TIMES" ,
SEPTEMBER 2, 1997 '
a newspaper published i n• Mattituck, New York, hereby
desicnated the cf icial newspaper of the Town `or such
Dublication, and to post cn the s_cn board of the 'Town maintained
pursuant to subdivision 6 of Section 30 of the Town Law, said
publication and posting to be at least ten (10) days before such
Biennial Town Election, the Notice thereof, which Notice shall
include a statement that the Town Board will submit the following
Proposition for the approval or disapproval of the Bond
Resolution adopted at this meeting, the title of which is set
forth therein:
PROPOSITION
SHALL THE RESOLUTION ENTITLED: "Bond Resolution or
the Town of Southold, New York, adopted September
2, 1997, authorizing the acquisition of interests
or rights in real property within said Town for
the preservation of open spaces and areas, stating
the estimated maximum cost thereof is $2, 000, 000,
appropriating said amount therefor, authorizing
the issuance of $2, 000, 000 serial bonds of said
Town to finance said appropriation, stating that
land installment purchase obligations are
authorized to be issued pursuant to this bond
resolution, and determining that this bond
resolution shall be subject to a mandatory
referendum; "- BE APPROv1;D7
An abstract of said bond resolution, concisely stating
the purpose and effect thereof., is as follows:
FIRST: RECITING that pursuant- to Section 247 of the
General Municipal Law . ("Section 247") the Town of Southold
("Town") is authorized to acquire interests or rights in real
property for the preservation of open spaces and areas and
conserving the character of local communities, 'as defined
therein; that such acquisition of interests or rights in real
property throughout the Town must be found, determined and deemed
to be necessary and in the public interest and a proper public
purpose of the Town- in accordance with the findings and
determinations of the State Legislature and the Town desires to
implement the land acquisition and financing program hereinafter
`set forth; AUTHORIZING the Town to acquire such interests,
including the fee or any lesser interest, -or developmental
rights, easements, covenants or other contractual rights, in
various parcels of real property within the Town for the
-preservation of open spaces and areas and conserving the
character of -local communities, as may be authorized rrom time to
time, by the Town Board of the Town, after due notice and a
, public hearing, pursuant to the provisions of Section 247 and
applicable provisions of the Town of Southold Code, including
incidental costs incurred in relation thereto, such acquisition
being hereby found, determined and deemed to be necessary and in
the public interest and a proper public purpose of the Town in
accordance with the findings and determinations ant forth in
Section 247; provided, however, that no such interest or right in
any such lands shall be acquired until all relevant provisions of
the State Environmental Quality Review Act have been comvlind
SEPTEMBER 2, 1997
with ar%d a final declaration as to environmental impact has been
duly made; STATING the estimated maximum cost thereof is
$2, 000, 000; APPROPRIATING $2 , 000, 000 to pay said cost; and
STATING the plan of financing includes the issuance of $2-,000, 000
serial bonds of the Town, and the levy and collection of taxes
upon all the taxable real property within the Town to pay the
principail of said bonds and interest thereon;
SECOND: AUTHORIZING the issuance of $2, 000, 000 serial
bonds of the Town pursuant to the Local Finance Law of the State
of New York ("Law") to finance said appropriation;
THIRD: DETERMINING and- STATING the period of probable
usefulness applicable to the class of objects or purposes for
which said bonds are authorized to be issued - is thirty (30)
years; that all or a portion of such bonds or any bond
anticipation notes may be issued in the form of a land
installment purchase obligation or obligations pursuant to
Section 29.10 of the Law; the proceeds of the bonds may be used
to reimburse the Town for expenditures made after the effective
date hereof for the purpose for which said bonds are authorized;
and the proposed maturity of said serial bonds will exceed five
(5) years;
FOURTH% DETERMINING that said bonds and any bond
anticipation notes issued in anticipation of said bonds and the
renewals of said bond anticipation notes shall be general
obligations of the. Town; and PLEDGING to •their payment the faith
and credit of the Town;
FIFTH: DELEGATING to the Supervisor the powers and
duties as to the issuance of said bonds and any bond anticipation
notes issued in anticipation of said bonds, or the renewals
thereof; and
SIXTH% DETERMINING that a Proposition. for the approval
or disapproval of "in bond- resolution shall be submitted to the
qualified voters of the Town at the special Town Election to be
hold on November 4, .1997 and that thin bond resolution shall take
effect upon such approval.
Section 3 . After said bond resolution shall take
effect, the Town Clerk is hereby directed to cause said bond
resolution to be published, in full, in the newspaper referred to
in Section 2 hereof, and hereby designated 'the official newspaper
of the 'Town for said publication, together ,with a Notice in
substantially the form as provided by Section 81. 00 of the Local
Finance Law, constituting Chapter 33-sa of the Consolidated Laws
of the State of New York.
Section 4. This resolution shall -take effect
immediately.
COUNCILWOMAN OLIVA: I would just like to add, . Mr. Carlin, too, this
open space also includes . farmland preservation. When you . have the
farmland preservation, you buy the development rights. It still stays on the
tax rolls, and we can also purchase with this bond resolution open space
with just the development rights taken off, keeping the land stilt on the
tax rolls. To me, you want to preserve farmland. The more farmland you
preserve in the whole agricultural industry, as whole, that we can preserve
out here will keep our taxes down in the long run.
" SEPTEMBER 2, 1997 235
SUPERVISOR COCHRAN: Frank, I think, also; what is important this year
is the funding from the Governor's Bond Act. With this one in the past
bond issues that have been presented to the public it has been for farmland
development rights only. This is a little broader. This does allow for us,
if there is a sensitive piece of land, that is not farmland, that we would
be able to purchase, and it was suggested to us by the State that we give
this bond act a little bit more flexibility, because there are many more
places within the Governor's Bond Act, that we will be able to match these
funds, and make the $2,000,000 perhaps become double that: So, this is
something we are looking at. This is an opportunity we have this time,
because of the matching funds.
COUNCILMAN TOWNSEND: This last we picked up around $600,000, because
we made a similar bond issue before, so we leveraged that money.
SUPERVISOR COCHRAN: I think we will leverage more this time. Just as
the way of explanation.
11 .-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.'
This resolution was duly .ADOPTED.
12.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole town 1997 budget to provide funding for Police
Department .vehicle maintenance and repairs:
To:
A.3120.4.400.650 Vehicle Maintenance and Repairs $ 6,1116.511
From:
A.3120.2.300.100 Automobiles $ 3,044.26
A.3120.4.400.600 Radar/Equipment Maintenance $ 3,372.28
12.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
13.-Moved by Councilman Moore, seconded by. Councilwoman, Oliva,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 19th day of August, 1997, a Local Law entitled; "A
Local Law in Relation to Wireless Communication Facilities"; and .
WHEREAS, this Lqcal law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning- for recommendations and
reports; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday,
September 16, 1997, Southold Town Hall, 53095 Main Road, Southold, New
York, as time and place for a public hearing .on this Local Law, which
reads as follows:
A- Local Law In Relation to Wireless Communication Facilities
BE IT ENACTED,by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 1 00=1 3 (Definitions) is hereby amended as follows::
BUILDING - Any structure having a roof supported by such
things as columns oosts piers walls or air intended for the
shelter business. housing or enclosing of persons. animals,
property or other materials: also any combination of materials
forming anv construction except where entirely underground
so as to permit the use of the ground above the same as if
no "buildina" was present. The term "building" shall include
the term "structure" as well as the following:
1 Signs.
(2) Fences.
3 Walls.
2,36 SEPTEMBER 2, 1997
' (4) Radio television and wireless communication facility
receiving and transmitting towers and antennas. except
for radio and television su6h antennas installed on the
roof of a building and extending not more than twenty
(20) feet above the highest level of the roof of such
building.
(5)' Porches. outdoor bins and other similar structures.
2. Article XXII is hereby added and shall be entitled "WIRELESS
COMMUNICATION FACILITIES. "
3. Section 100-220. Purpose is added as follows:
The purpose of this section is to provide sound land use policies,
procedures and regulations for wireless communication facilities.
These will protect the community from the visual or other adverse
impacts of these facilities, while encouraging their unobtrusive
development, and will ensure comprehensive wireless services in
the Town of Southold with its benefits to residents and businesses.
The placement of wireless communication facilities in Southold's
rural residential zones constitutes a significant intrusion and
therefore the applicants have a strict burden of proof to establish
the need for such facilities in residential zones. Furthermore, the
standards herein reflect two preferences: (1) that wireless
communication facilities are more preferred in industrial areas and
less preferred in residential areas and (2) that wireless
communication facilities be located on'existing buildings and
towers rather than on newly constructed towers. Any wireless
communication facilities must takeinto account the aesthetic
aspects of the town including open vistas. scenic byways and
historic districts.
4. Section 100-221. Scope is added as follows:
The regulations of this section shall govern and control the
erection enlargement. expansion, alteration. operation,
maintenance. relocation and removal of all personal wireless
communication facilities. The regulations of this section relate to
the location and design of these Facilities and shall be in addition to
the provisions of the Southold Building and Zoning Codes and any
other Federal. State or Local Laws or Federal Communication
Commission (FCC) regulations pertaining to such facilities.
5. Section 100-222. Definitions is added as follows:
A Wireless Communication Facility. A wireless communication
facility is any unstaffed facility for the transmission and/or reception
of wireless telecommunications services usually consisting of an
wireless communication facility array, connection cables, an
equipment facility. and a support structure to obtain the necessary
elevation.
B. Wireless communications. Wireless communications shall mean
any oersonal wireless services as defined in the
Telecommunications Act of 1996. which includes FCC licensed
commercial wireless telecommunications services including cellular
personal communication services specialized mobile radio.
SEPTEMBER 2, 1997 2 3 7
enhanced specialized mobile radio, paging, and similar services
that currently exist or that may in the future be developed.
C. Telecommunication Tower, A telecommunication tower is a
structure designed and constructed specifically to support an
antenna array, and may include a monopole self-supporting tower,
guy-wire support tower and other similar structures. A wireless
communication facility attached to an existing building or structure
shall be excluded from this definition.
6. Section 100-223. Location of Use'is hereby added as follows:
No wireless communication facility shall be used, erected or
altered in the Town of Southold except as follows:
A In Residential and Marine Districts including AC. R80, R40,
R120 R200 R400 AHD HD RR RO, MI, and MII, a wireless
communication facility is subiect to site plan approval and must
meet the following requirements Wireless communication facilities
are specifically prohibited on any designated landmark property or
in districts listed by the Society for the Preservation of Long Island
Antiquities (S P L I A) federal state or town agencies:
(1) Buildings - Shall require a special exception Wireless
Communication Facility on Non-Residential approval, which may
be issued provided the buildings are thirty five feet (35') or greater
in height, and the wireless communication facilities and related
support structures do not extend more than twenty feet (20') above_
the roof line The building on which the Wireless Communication
Facility is located must be located at least one hundred feet (100)
from the nearest property line or three hundred feet(300') from any
landmark property or district listed by S.P.L.I.A. federal, state or
town agencies.
(2) Wireless communication facilities on Existing
Telecommunications Towers - Shall require a special exception
approval pursuant to this chapter unless otherwise allowed by the
terms of a prior special exception.approvaL
(3) Telecommunications Towers - Shall require a special
exception approval pursuant to this chapter, which may be issued
provided the tower is no greater than sixty feet (60'. The base of
the tower shall be located at least one hundred (100) feet from
the nearest property ine or three hundred feet (300') from a
landmark property or district listed by S.P.L.I.A., federal. state
or town agencies,
(4) A wireless communication facility is a permitted use if located
on property owned leased or otherwise controlled by state federal
or town government, provided a license or lease authorizing such
antenna or tower has been approved by that government.
B. In Commercial Districts including LB HB and B a wireless
communication facility is subiect to site plan approval and must
meet the following requirements. Wireless communication facilities
are specifically prohibited in any designated landmark property or
in districts listed by S.P.L.I A federal state or town agencies:
SEPTEMBER 2, 1997
(1) Wireless communication facilities on Buildings - Permitted on
all buildings which are thirty five feet (35') in height or greater,
provided the wireless communication facilities and related support
structures do not extend more than twdnty feet (20') above the roof
line of such buildings.
(2) Wireless communication facilities on Existing
Telecommunications Towers -Permitted unless otherwise restricted
pursuant to the terms of aprior special exception approval.
(3) Telecommunications Towers -Permitted if the height of the
tower above grade does not exceed seventy five feet (76), and
provided the base of the tower is located at least one hundred feet_
(100') from the nearest dwelling unit or three hundred feet (300')
from any landmark property or district listed by S.P.L.I.A., federal,
state or town agencies.
(4) A wireless communication facility is a permitted use if located
on property owned. leased or otherwise controlled by state, federal
or town government. provided a license or lease authorizing such
antenna or tower has been approved by that government.
C. In Industrial Districts including LI and LIO. a wireless
communication facility is subject to site plan approval and must
meet the following requirements. Wireless communication facilities
are specifically prohibited in any designated landmark property or
in districts listed by S.P.L.I.A., federal. state or town agencies.:
(1) Wireless communication facilities on Buildings -Permitted on all
buildings provided the height of the wireless communication facility
does not extend more than one hundred feet 0 00') above the
existing -grade and the wireless communication facility is
located at least one hundred feet (100') from the nearest property
line or three hundred feet (300') from any landmark property or
district listed by S.P.L.I.A., federal state or town agencies."
(2) Wireless communication facilities on Existing
Telecommunications Towers -Permitted unless otherwise restricted
pursuant to the terms of_g_prior special exception approval.
(3) Telecommunications Towers -Permitted provided the height of
the tower above grade does not exceed one hundred feet (100')
above the existing grade and provided the base of the tower is
located at least one hundred feet (100') from the nearest dwelling
unit or three hundred feet (300' from an landmark property or
district listed by S.P.L.I.A., federal, state or town
agencies.
(4) A wireless communication facility is a permitted use if located
on property owned. leased or otherwise controlled by state, federal
or town government, provided a license or lease authorizing such
antenna or tower has been approved by that government.
7. Section 100-224. Special Exception Approval is hereby added
as follows:
A Authority. The Zoning Board of Appeals shall be empowered to
issue a special exception aproval for wireless communication
facilities, subject to the provisions of this Chapter.
<,
SEPTEMBER 2, 1997 .�
B. Standards. In addition to the standards in Article XXVI
of this code no special exception approval shall be granted unless
the Zoning Board of Appeals specifically finds and determines the
following:
(1) that the applicant is a public utility, and
(2) that construction of the proposed facility or modification of the
existing facility is a public necessity, in that it is required to render
adequate service to the public, and
() that the applicant has made substantial effort to locate or
co-locate on existing towers, or failing that, that the applicant has
made substantial effort to locate or on federal. state or
town land and facilities, and
(4) that there are compelling reasons. economic or otherwise,
which make it more feasible to construct the proposed facilities
than alternatives.
C. Matters to be considered. in addition to the matters
to be considered in Article XXVI of this code, the Zoning Board of
Appeals shall give consideration to the following in issuing a_
special approval for wireless coinrriunication facilities:
(1) the height of the proposed tower shall be the minimum
necessary to render adequate service, and
(2) the wireless communication facility has been situated to
minimize its Proximity-to residential structures, residential
district boundaries and landmarks designated by town, federal
S.P.L.I.A., or state agencies. and
(3) the wireless communication facilities is designed and situated
to be compatible with the nature of uses on adjacent and nearby
Property, and
(4) the wireless communication facility has been designed to use
the surroundinq topography to u inirnize its visual impacts; and
(5) the wireless communication facility has been designed to use
the surroundinq tree, building or foliage coverage to minimize its
visual impacts; and
(6) the wireless communication facility maximizes design
characteristics to reduce or eliminate visual
obtrusiveness, and
(7) that other adequate conditions have been placed on the
wireless communication facility which will minirnizs any adverse
impacts of the facility on adjoining properties.
4 SEPTEMBER Z, 1997
D. Application Requirements. In order to make the above
described determination, the Zoning Board shall require the
following in addition to the requirements of Article XXVI:
(1) Each application shall include a survey clearly indicating:
(a) the location, type and height of the wireless communication
facilities: (b) whether it is located on an existing structure, co-
located or on a telecommunication tower (c) on-site land uses and
and zoning: (d) adjacent land uses, structures and zoning within
300 feet: (e) distances between all structures, (f) location of
landmark listed by S.P.L.I.A., federal state or town agencies within
300 feet; (q) adjacent roadways and/or private rights of way: (h)
proposed means of access: (i) setbacks from property lines: (i)
elevation drawings of the structures: (k) and other information
deemed by the Zoning Board to be necessary to assess
compliance with this law.
(2) Each application shall include a written site location alternative
analysis describing the location of other sites considered, the
availability of those sites the extent to which other sites do or do
not meet the provider's service or engineering needs, and the
reason why the subject site was chosen._
(3) The applicant shall document to the satisfaction of Zoning-
Board of Appeals that a good faith effort has been made to locate
or co-locate on existing towers or other available and appropriate
buildings and structures and that the proposed location is
necessary to provide adequate service to the public. The
documentation shall include a notarizes statement by the applicant
as to whether construction of the wireless communication facility
will accommodate collocation of additional. antennas for future
users.
(4) Each application shall include a plan which shall reference
all existing Wireless Communication Facility locations in the
Town of Southold any such facilities in the abutting towns which
provide service to areas within the Town of Southold, any changes
proposed within the following twelve (12) month period, including
applicant's plans for new locations and the discontinuance or
relocation of existing wireless facilities. Alternatively, at the
beginning of the year the applicant may submit an Annual Wireless
Communication Facility Plan containing the aforementioned
information for the calendar year.
(5) A landscape plan showing specific landscape materials, fencing
and maintenance arrangements.
(6) The Zoning Board of Appeals may retain technical consultants
as it deems necessary to provide assistance in the review of the
needs and site location alternatives analyses and other matters_
that the Board deems necessary. The applicant shall bear the
reasonable cost associated with such consultation which cost shall
be assessed as an additional application fee. In no case shall the
fee be more than five percent (5%) of the total proiect cost as
determined for building permit fee assessment purposes.
(7) A copy of the deed or lease agreement establishing applicant's
right to use the parcel on which the wireless communication
facilities is to be located.
SEPTEMBER 2, 1997 241
E. Conditions The Zoninq Board shall consider the following in
establishing conditions on the issuance of the special exception
approval.
(1) In reviewing special exception approval applications required
by this Section the Zoning Board of Appeals shall consider the
Town's policy as stated in this Article. When considering
appropriate height in conjunction with such applications. The
Zoning Board of Appeals shall be more permissive when a facility
is proposed for collocation by more than one service-provider, and
less permissive when the facility is proposed for use by a single
provider.
(2) In approving a Special Exception the Zoning Board
may waive or reduce the criteria in this Article, to the extent_
specified below, if the Zoning Board concludes that doing so will
have no detrimental effect on adiacent properties or on the public
health, safety and welfare and that the goals and stated purposes
of this law are better served thereby:
i Height 'of Ahe proposed_tower, provided that the height is
kept at the lowest height than can be iustified;
ji Minimize Proximity-of the tower to residential structures or
historic landmarks listed by S.P.L.I.A., federal, state or
town agencies;
iii. Planting of surrounding tree coveraqe and foliage;
iv. Design of the tower, with particular reference to design
characteristics that reduce or eliminate visual obtrusiveness;
(3) The applicant will provide docurnentation that the proposed
communications facility will have electromagnetic emissions within
the safety standards established by the FCC as amended or any
superseding state or national standard in effect on the date the
Special Exception Approval Application is submitted to the Board.
8. Section 100-225. Design Standards is hereby added as follows:
The followinq design standards shall apply to wireless
communication facilities and telecommunications towers installed
or constructed gursuant to the terrns_of this chapter.
A. Collocation. Wireless Communication Facilities shall be
designed to provide for collocation by multiple providers; or,
designed so that they can be retrofitted to accommodate multiple
providers.
B. The minimurn lot size for the siting of a telecommunication tower
shall be in accordance with the following. No tower can be built on
a lot which is nonconforming in size to the requirements set forth
below: .
tl :L ; SEPTEMBER 2, 1997
Minimum Lot Area-
Minimum Lot Area- Residential and Minimum Lot Area-
Commercial Districts Marine Districts Industrial Districts
Per Bulk Schedule per 5 acres Per Bulk Schedule
zone per zone
C.-Setbacks. Towers and Equipment Facilities shall adhere to the
setbacks for principal uses in the Bulk Schedule applicable to the
zone in which the structure(s) are located.
D. Fencing. The base area of a telecommunication tower and
equipment facility shall be enclosed with a black vinyl chain link
fence not less than six feet (6') in height.
E. Signs. Signs shall not be permitted on towers except for signs
displaying contact information and safety instructions. Such signs
shall not exceed five (5) square feet in surface area.
F. Equipment Facility. Equipment accessory to the wireless
communication-facility may be located within an existing building.
In newly constructed buildings and structures an equipment facility,
is limited to 500 square feet in floor area. If the newly constructed
equipment facility is designed for co-location, the facility may be up
to 1000 square feet. The equipment facility shall be constructed
with a finish similar to that of adjacent structures on the property.
Any newly constructed equipment facility shall be located in
accordance with the minimum height and yard requirements of the
zoning district applicable to the site and no more than two adjacent
off-street parking spaces shall be provided for service vehicles.
Any regradinq for stormwater retention that is required by the
Township Engineer shall be accommodated on-site.
G. Lighting. As independent freestanding_facilities on separate
sites will not be accessible to the public the lighting permitted shall
be the minimum required to protect the public welfare. Facilities
sited on existing developed sites shall be incorporated into the
lighting and landscaping plans of those sites.
H. Access. Access to tower or monopole areas shall be from
established site access points whenever possible.
I. Dish'Antennas. Dish antennas shall be colored, camouflaged or
screened to the extent that they are as unobtrusive as possible and
in no case shall the diameter of a dish antenna exceed six feet (6).
J. No wireless communication facility shall be located nearer than a
distance equal to its height above the roof or other permanent
structure to which it is attached to any overhead electric
transmission line carrying more than two hundred twenty (2201
volts.
9. Section 100-226. Appearance is hereby added as follows:
A. Base Landscaping. A screen of evergreen trees shall be
planted outside the fence of the telecommunication tower base
area to provide a visual screen or buffer for adioining private
properties and the public right-of-way. Required front yard setback
areas shall be landscaped.
...�;
1
SEPTEMBER 2, 1997 24 3
B. Color. Towers shall either be blue/gray in color, have a
galvanized finish or be colored appropriate to the tower's
locational context to the extent that the tower is as unobtrusive as
possible unless otherwise required by the Federal Aviation
Administration (FAA) If a wireless communication facility is
installed on a structure other than a tower the antenna and
supporting electrical and mechanical equipment must be of a
neutral color that is identical to or closely compatible with the
colors of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
C. Residential Screening Where the site proposed for a
freestanding tower structure is located within a residential zone or
has one or more property lines abutting or on the opposite side of a
street from a residential zone or use permitted in a residential
zone large trees and/or existing and proposed buildings on
the site shall be used to provide an angle of occlusion from the
property line to the top of the structure of 50 degrees or less (50
degrees from the horizon line is the upper limit of the normal
vertical cone of vision). To achieve the occlusion a row of trees
shall be preserved and/or planted at 50% of the distance between
the tower and the property line and a second row at 90% of the
distance between the tower and property line (see illustrations
below)..Transplanted trees shall have a minimum caliper of 3
inches be spaced on 30 foot centers and have a typical height at
maturity of at least 50 feet A three vear bond or other assurances
shall be required to ensure that the plantings survive and are
maintained.
7DI VIEW
Mr
`Q'-50(Y(1rr—1 � � ��r,, •'�'/ 1� �—Ob�crf�i',`✓r ' +•�•, �-
ir
D. Alternate Screening. The location of a cellular wireless
communication facility on an existing water tower silo or equivalent
vertical structure, including an existing cellular, radio or television
tower, is permitted without the need to meet Conditions A. B. and C
above provided that the height of the existinq structure is not
increased as a result of the attachment of the cellular structure. A
decorative disguising structure such as a clock tower may also be
approved as an alternative to Conditions A. B and C_at the
discretion of the Zoninq Board If the height of the existing
structure is to be increased by the attachment of the new structure,
all of the conditions herein shall apply as to a new freestanding
structure.
SEPTEMBER 2, 1997
E. Commercial and Industrial Siting. Towers to be sited on
developed commercial or industrial properties shall be located to
the rear of other principal buildings and shall not encroach on
planting buffers, parking areas or otherwise impair the operation of
previously approved systems such as stormwater drainage basins._
Existing buildings and structures should be used in the siting of
freestanding towers to contribute to the visual screening of the
tower.
F. Commercial. Towers to be sited on undeveloped properties in
the commercial districts shall apply the standards of Condition C
herein to all property lines, including the streetline, except that a
driveway shall be permitted to gain access to the facility for
maintenance personnel and equipment.
G. Airport Regulations. All towers shall comply with applicable
Airport Hazard Regulations and shall be subject to approval from
the Federal Aviation Administration for location, height and lighting
to prevent interference with the operation of an airport or otherwise
threaten the public safety.
10. Section 100-227. Removal is hereby added as follows:
A. Upon cessation of use of the tower site for the approved or
pre-existing Special Exception Use, the tower structure and
wireless communication facility shall be removed within one year,
subject to FCC concurrence. In the case of d wireless
communication facility on preexisting vertical structures, this
provision shall apply to the wireless communication facility only.
The applicant for the wireless communication facility shall post a
bond to ensure wireless communication facilities removal in the
amount of $20.000 prior to receiviog_permission to
construct.
11. Section 100-228. Nonconforming Uses is hereby added as
follows:
Pre-existing towers shall be allowed to continue their usage as
they presently exist. New construction other than maintenance on a
Pre-existing tower shall comply with the requirements of this
ordinance.
12. Section 100-229. Severability is hereby added as follows:
The various parts. sections and clauses of this local law are hereby
declared to be severable. If any part, sentence, paragraph, section
or clause is adjudged unconstitutional or invalid by a court of
competent jurisdiction. the remainder of the ordinance shall not be
affected thereby.
13. Section 100-31. Use regulations in A-C, R-80. R-120, R-200
and R-400 Districts is hereby amended as follows:
SEPTEMBER 2, 1997 .245
B. Uses permitted by special exception by the Board of
Appeals. The following uses are permitted as special exception by
the Board of Appeals, as hereinafter provided, and, except for two-
family dwellings and the uses set forth in Subsection 1304) hereof,
are subiect to site plan approval by the Planning Board:
6) Public utility rights-of-way as well as structures and other
installations necessary to serve areas within the town, excluding
wireless communication facilities, subiect to such conditions as the
Board of Appeals may impose in order to protect and promote the
health, safety, appearance and general welfare of the community
and the character of the neighborhood in which the proposed
structure is to be constructed.
14. Section 100-131. Use regulations in the 1-10-District, is hereby
amended as follows:
B. Uses Permitted by special exception of the Board of
Appeals. The following uses are permitted as a special exception
by the Board of Appeals as hereinafter provided, subject to site
plan approval by the Planning Board:
(4) Public utility structures and uses,excluding wireless
cornmun!cation facilities.
15. Section -100-230 (D) Exceptions and modifications, is hereby
amended as follows:
D. Height exceptions. The height_limitations of this chapter shall
not apply to:
(1) Spires, belfries, cupolas and domes not for human occupancy;
and monuments, transmission towers excluding telecommunication
towers, cliimnevs, derricks, conveyors, fla-gPoles, radio towers,
television towers and television aerials, provided that any
television or radio aerial shall not be located nearer than a
distance equal to its height above the roof or other permanent
structure to which it is attached to any overhead electric
transmission line carrying more than two hundred twenty (220)
volts.
(2) Bulkheads, observation towers, monitors, fire towers, hose
towers,- cooling towers. water towers, grain elevators or other
structures where a manufacturing process requires greater height
but excluding wireless communication facilities, provided that any
such structures that are located on any roof area that exceed in
height the limits in the particular district shall not in the aggregate
occupy more than twenty percent (20%) of the horizontal area of
the roof and are set back one (1) foot from the edge of the roof for
each additional foot in height greater than the specified height,
(3) All mechanical equipment necessary to operate building
services, which equipment is located on the roof of a structure,
shall be screened in a manner approved by the Planning Board.
4 6 SEPTEMBER 2, 1997
if . This Local Law shall take effect upon filing with the Secretary of
State. '
* Underline represents additions
Strikethrough represents deletions
COUNCILWOMAN HUSSIE: I have something to say again. I have read
Section 704 of the Telecommunication Act of '1996 again and again. What it
says, Bill is partially right, a municipality's legislative body may not
prohibit wireless communications from it's jurisdiction. It does not say we
can not prohibit it from different zones, and in deed, in Cape Cod, and in
San Francisco they are doing that. San Francisco has not just taking
residential zones. They. have said, in low density residential zones,
because they have apartment houses and that sort of thing, and they are
saying it's okay there, but it is not okay on residences like most of us
have.
13.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Supervisor Cochran. No: Councilwoman Hussie.
This resolution was duly ADOPTED.
14.-Moved by Councilwoman Oliva, seconded by Councilman Townsend,
-----------------------------------X
IN THE MATTER
of
The reconstruction of the
Wharf House facility and the ORDER CALLING
public restrooms building at PUBLIC HEARING
Founder's Landing Park, in the AND ELECTION
Southold Park District.
-----------------------------------X
WHEREAS, the Board of Commissioners of the Southold
Park District (the "Board" and the "Park District" , respectively)
of the Town of Southold (the "Town") , Suffolk County, New York,
pursuant to the resolution adopted and subscribed by said Board
of Park Commissioners on August 28 , 1997 and together with the
petition in due form, duly submitted, to the Town Board (the
"Town Board") of the Town (certified copies of such resolution
and petition are attached hereto and made a part hereof) , has
requested the Town Board to appropriate $20, 000 to pay a portion
of the cost of reconstructing the Wharf ilouse facility and the
public restrooms building at the existing Founder's Landing Park,
in the Park District, the estimated maximum cost thereof being
$80, 000 of which $60, 000 has been provided from available moneys
of the District, including its Capital Reserve Fund, and to
finance such appropriation by the issuance .of obligations of the
Town in the principal amount of $20, 000, pursuant to the Local
Finance Law, and that to pay the principal of and interest on
5'
SEPTEMBER 2, 1997 2-4.7
such obligations as the same shall become due and payable, a sum
sufficient therefor shall be levied and collected from the
several lots and parcels of land within the Park District, in the
same manner and at the same time as other Town charges ; and
further, that the Town Board call a special meeting of the .Park
District for the purposes of ( i) holding a public hearing to hear
all persons interested in such reconstruction, appropriation and
financing and (ii) voting upon a proposition therefor;
NOW, - THEREFORE, IT IS
ORDERED, that a public hearing be held by the Town
Board on the 30th day of September, 1997, at 5 :OU o'clock P.M.
(Prevailing Time) , at the Founder's Landing Wharf House, Terry Lane,
Southold, in the Town, to 'consider the' recotistruction of such
Wharf House facility and such public restrooms building at the
Founder' s Landing Park, the appropriation of $20 , 000 to pay a
portion of the cost thereof to be financed by the issuance of
Town obligations pursuant to the Local Finance Law and the levy
and collection upon the several lots and parcels of land within
the Park District, of a sum sufficient to pay the principal - of -
and interest on such obligations as the same shall become due"and
payable, in the same manner and at the same t"ime as 'other Towne
charges and,
ALL PERSONS desiring to be heard concerning the subject
matter of the above referenced public hearing will be given an
opportunity to be heard at the time and place aforesaid, and .
IT IS FURTHER ORDERED, that at said meeting of. the Town
Board hereinabove referred to, and following the public hearing
held thereat, there shall be submitted to the qualified voters of
the Park District for their approval or disapproval by majority
vote, the following Proposition:
20 SEPTEMBER 2, 1997
PROPOSITION
SHALL the Commissioners of the Southold Park
District (the "District") be authorized to
reconstruct the Wharf House facility and the
public restrooms building at Founder' s Landing
Park at the estimated maximum cost of $80 , 000 of
which $60, 000 has been provided from available
moneys of the District, including its Capital
Reserve Fund, and to expend for payment of a
portion of 'such cost thereof not to exceed
$20, 000 , an appropriation in said amount having
been requested of the Town of Southold (the
"Town") , to be financed by obligations of the Town
pursuant to the Local Finance Law, and an amount
sufficient to pay the principal of and interest on
such obligations shall be levied and collected
from the several lots and parcels of land within
the District, in the same manner and at the same
time as other Town charges?
Polls will be open at the Town Hall between the hours
of 5:00 P .M. and 8 : 00 P.M.
AND, IT IS
FURTHER ORDERED that the Town Clerk is hereby
authorized and directed to cause a copy of this order to be
published once in the "THE LONG ISrAND TRAVELER-WATCHMAN, " a
newspaper having a genera]. circulation within the Town of
Southold, and, further, to cause to be posted a copy of this
order on the sign board of the Town and in five conspicuous
public places within the Southold Park District, such publication
and such posting to occur not less than ten ' (10) nor more than
twenty (20) days prior to such meeting, public hearing and
voting.
Jean W. Cochran
Supervisor
Alice J . Hussie _
Counc 1person
Joseph L. Townsend, Jr'.
.Counc i Iperson
Ruth D. Oliva
Councilperson
William D. Moore
Councilperson
Members of the Town Board
of the Town of Southold
Dated: Southold, New York
September 2 , 1997
SEPTEMBER 2, 1997249
- - - - - - - - - - - - - - - - - - - -X
In the Matter of the Request
of
the Board of Commissioners of the
Southold Park District of the Town of PETITION
Southold, Suffolk County, New York,
for an appropriation of money for park
purposes pursuant to Chapter 234 of
the Laws of New York, 1907 and Acts
amendatory thereto.
- - - T - - - - - - - - - - - - - - - -X
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD
The petition of the Board of Commissioners of the
Southold Park District of the Town of Southold, Suffolk County,
New York, respectfully shows:
1. That the undersigned are the duly elected,
qualified and acting Commissioners of the Southold Park District
of the Town of Southold, Suffolk County, New York;
2 . That pursuant to Chapter 234 of the Laws of New
York, 1907 and Acts amendatory thereto (herein called the "Law") ,
the Board of Commissioners is required to submit a written
request to the Town Board of the Town of Southold for an
appropriation of a sum of money for any purpose therein
authorized and said Board of Commissioners hereby: determines that
it is in the public interest to reconstruct the W1iarf house
facility and the public restrooms building at Founder's Landing
Park, in the District at the estimated maximum cost of W, 000,
and hereby further determines that such reconstruction is a
purpose authorized pursuant to the Law;
WHEREFORE, your petitioners pray that the Town Board of
the Town of Southold appropriate the sum of $20, 000 for payment
of a portion of the cost of reconstructing the Wharf House
facility and the public restrooms building at Founder' s Landing
Park as herein referred to, the balance of such cost ($60, 000)
having been provided from funds of the District, including its
capital reserve fund and that such appropriation be financed by
the issuance of obligations of the Town of Southold in the
principal amount of not to exceed $20, 000, pursuant to the Local
Finance Law, and that a sum sufficient to pay the principal of
2f5"•O SEPTEMBER 2, 1997
and interest on such obligations as the same shall become due and
payable shall be assessed, levied and collected from the several
lots and parcels of land within said Southold Park District, in
the same manner and at the same time as other Town charges; and
WHEREFORE, - your petitioners further pray that the Town
Clerk of said Town of Southold call a special meeting of the said
District for the purpose of (i) holding a public hearing to hear.
all persons interested in the reconstruction of such Wharf House
facility and such public restrooms building and the appropriation
of such sum of $20, 000 therefor and for such other matters in
relation thereto as . come before such meeting and (ii) voting upon
a proposition for the reconstruction of such Wharf House facility
and such public restrooms building and the appropriation of such
money, which meeting shall be called and held and the vote upon
such proposition conducted, in the manner prescribed by the Law.
DATED: AUGUST 28 , 1997 BOARD OF COMMISSIONERS OF
SOUTHOLD PARK DISTRICT OF THE
TOWN OF SOUaTHOLD, NEW YORK
omm' s 4) ners
EXTRACT OF MINUTES
Meeting of the Board of Commissioners of
Southold Park District of the Town of Southold,
Suffolk County, New York
August 28 , 1997
* * *
A special meeting of the Board of Commissioners of
Southold Park District of the Town of Southold, Suffolk County,
New York, was held at No. Main Road, Southold, New York, on
August 28, 1997 at 9 : 00 o'clock P.M. (Prevailing Time) .
There were present:
Board Members: Michael Hagerman, Antone ,Skwara,
Jr. and Robert C. Cochran
There were absent: NONE
Also present: Linda Bertani , Secretary
Rudolph H. Bruer, Attorney
SEPTEMBER 2, 1997
25.1
Michael Hagerman offered the following resolution and
moved its adoption:
Antone Skwara, Jr. seconded the motion.
The adoption of the resolution was duly put to a vote
on roll call which resulted as follows:
AYES: 3
NOES: 0
The resolution was declared adopted.
RESOLUTION OF THE SOUTHOLD PARK DISTRICT OF THE
TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 28 ,
1997, AUTHORIZING THE SUBMISSION OF A PETITION TO
THE TOWN BOARD OF SAID TOWN REQUESTING THE
APPROPRIATION OF $20, 000 TO FINANCE A PORTION OF
THE COST OF RECONSTRUCTING THE WHARF HOUSE
FACILITY AND THE PUBLIC RESTROOMS BUILDING AT
FOUNDER'S LANDING PARK, IN SAID PARK DISTRICT.
Recitals
WHEREAS, pursuant to the provisions of Chapter 234 of
the Laws of New York, 1907 and Acts amendatory thereto (herein
called the "Law") , it is necessary for the Board of Commissioners
of the Southold Park District of the Town of Southold, Suffolk
County, New York (herein called "District") to submit a written
request to the Town Board of the Town of Southold (herein called
"Town Board" and "Town, " respectively) , for an appropriation of a
sum of money for any purpose therein authorized; and
WHEREAS, said Board of Commissioners has heretofore
determined to reconstruct the Wharf House facility and the public
restrooms building at Founder's Landing Park, in the District, at
the estimated maximum cost of $80, 000 of which $60, 000 has been
provided from available moneys of the District, including its
capital reserve fund and said Board seeks to obtain $20, 000 to
finance the balance of such cost as hereinafter provided;
Now therefore, be it
RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHOLD
PARK DISTRICT OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK,
NEW YORK, as follows:
2'5•2 SEPTEMBER 2, 1997
Section 1. The Board of Commissioners is hereby
authorized to submit to the Town Board a written petition,
subscribed by all the Commissioners of the District, requesting
the Town Board to appropriate the sum of $20, 000 to finance a
portion of such cost of. reconstructing the Wharf House facility
and the public , restrooms building at Founder' s Landing Park,
heretofore authorized," as hereinabove referred to in the Recitals
hereof, which is hereby determined to be a purpose authorized
pursuant to the Law and it is hereby further determined that
reconstructing said building is in the public interest.
Section 2 .. A copy of this resolution, subscribed by
all the Commissioners of the District, shall be submitted to the
Town Board together with the petition herein authorized.
Section 3 . This resolution shall take effect
immediately.
BOARD OF COMMISSIONERS OF
SOUTHOLD PARK DISTRICT OF THE
TOWN OF : SOUTHOLD, NEW YORK
DATED: AUGUST 28 , 1997
a-Z
G mmis, ion rs
CERTIFICATE
I, Linda, Bertani, Secretary of the Southold Park
District of the Town of Southold, in the County of Suffo'1k, State
of New York, HEREBY CERTIFY that the foregoing annexed extract
from the minutes of a meeting of the Board of Commissioners of
said District duly called and held on August 28, 1997 , has been
compared by me with the original minutes as officially recorded
in my office in the Minute Book of said District and is a true,
complete and correct copy thereof and of the whole of said-
original minutes so far as the same relate to the subject matters
to in said extract.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said
District this 28th day of August,
1997 .
(SEAL) Secretary
SEPTEMBER 2, 1997 2.53
14.- Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilmani Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED,
15.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Scott A. Russell to the Affordable Housing Ad Hoc Committee, effective
immediately through July 22, 1998, he to serve without compensation.
15.-Vote of 'the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie,. Supervisor Cochran.
This resolution was duly ADOPTED.
16.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
reappoints David Horton and John Sidor, Jr. as members of the Southold
Town Agricultural Advisory Committee, effective immediately through August
11, 1999, they to serve without compensation.
16.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
17•-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for two (2)
members of the Agricultural Advisory Committee.
17.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
18.-Moved. by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Building Inspector Michael Verity to attend the mandatory New
York State Code Enforcement training seminar at White Plains, New York,
on September 22-25, 1997, and the necessary expenses for tuition, travel,
meals and lodging shall be a legal charge to the Building Department's 1997
budget.
18.-Vote of the Town Board': -Ayes: - Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
19.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town •of Southold hereby
terminates the employment of Darlene Hubbard, part-time Clerk Typist fro
the Recreation Department, effective September 2, 1997.
19.-Vote of the Town .Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
20.-Moved by Councilwoman' Oliva, seconded by Councilman Moore, it was
RESOLVED that the . Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for three
additional members of the Anti-Bias Task Force.
Z0•=Vote ' of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
21 •-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Deborah Winsor, Chairperson of the Landmark Preservation Commission, to
the Fort Corchaug Fort Area Ad Hoc Committee, effective immediately
through July 22, 1998; she to serve in said position without compensation.
21 .-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
;. SEPTEMBER 2-, 1997
22.-Moved by, Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
reassigns Charles Tyler, provisional Public Safety Dispatcher I, from his
full-time position to a . part-time position as a Public Safety Dispatcher,
effective September 16, 1997.
22.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman
Townsend, Councilwoman' Hussie, Supervisor Cochran. Abstain: Councilman
Moore.
This resolution was duly ADOPTED.
23.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
establishes the following budget for the 1997 Consolidated Highway
Improvement Program (CHI.PS) administered by the .Highway Department:
Revenues:
DB1 .3501 .00 State Aide
Consolidated Highway Aid $ 211,013.35
DB1 .5990.00 Appropriated Fund Balance 23,966. 13
Appropriations:
13131 .5112.2.400.905 Consolidated Highway Improvement
Capital Outlay
Highway Resurfacing/Reconstruction $ 234,979.48
23.-Vote of the Town Board:, Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
24.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED by the Town Board of the Town of Southold, that in
accordance with Chapter 47, Section 47-4, Farm Stands, of the Code of the
Town of Southold, the fee for a Farm Stand Permit is hereby set at $35.00.
COUNCILWOMAN HUSSIE: I would like to include 'that this does not include
those farm stand that are less than 20 square feet. They don't have to go
for a permit.
24.-Vote of the Town Board:- Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
25.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Town Clerk to advertise for resumes for a part-time Clerk
Typist for the Recreation Department.
25.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
26.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the . Town Board of the Town of Southold hereby
authorizes the Town Attorney to file all necessary legal actions to compel
compliance with the Freedom of Information Act regarding a July 9, 1997
FOIL request to the Village of Creenport.
26.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilwoman Hussie, Supervisor Cochran. 'No: Councilman Townsend.
This resolution was duly ADOPTED.
27.-Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the . Town of Southold hereby grants
permission to the Board of Assessors to expend $5,000.00 for an appraisal
with regard to a certiorari proceeding.
27.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran:
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of our resolutions.
COUNCILMAN TOWNSEND: Jean, I wanted to add an additional item. This
is regarding the law that was mentioned, that we are going to have a
hearing on regarding cell towers. We discussed this somewhat in the
morning session. On September 16th, I believe, that the moratorium
SEPTEMBER 2, 1997 2-55
expires. That is the same day as the hearing, which means that if some
substantial arguments are raised to the. Town Board, that would result in
an .improvement to that law, or a reason for us changing it substantially,
we can not, not vote for it. We vote against it, then we wily,,be left
without any of the protections that we tried to create in that To Law.
Therefore I would like to put on the agenda that we forward to the County
Planning . Office,. and our local Planning Office an extension of the
moratorium that now exists, and expires on the 17th. I propose that we
make it another two months. I did do some checking on status of litigation
on moratorium in Federal courts, and they apparently have not made any
decision. They deem that you can have moratoriums, but they haven't come
up with any specific limitations. We have time. We just about have time,
but I would like to make that proposal, and we can clean it up a little bit
when I talk to the Town Attorney later. So, I would like to make that
resolution.
TOWN CLERK TERRY: Tell me what you are saying again.
COUNCILMAN TOWNSEND: Forward the notice of moratorium to the
County, and to our local Planning Board, and set a date for a_ public
hearing,. and that would be for the same day, the 16th.
COUNCILWOMAN HUSSIE: And you have assurances that this is going to
work?
COUNCILMAN TOWNSEND: I talked to the County Planning Department,
and they said they will turn it around. I talked to Mr. Newman of the
County Planning Department. He will get it back to us by Thursday: The
Town Planning Board is meeting tomorrow. This all happened in the last
hour or so, so I have" trying to work it out.
28•-Moved by Councilman Townsend, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southold., on the 2nd day of September, 1997, a Local Law entitled, "A
Local Law Extending the Moratorium on Telecommunication Towers"; now,
therefore, be it
RESOLVED that this Local 4-aw be referred to the Southold Town Planning
Board and the Suffolk County Department of Planning for recommendations
and reports, all in accordance with the Southold Town Code and The
Suffolk County Charter; and be it
FURTHER • RESOLVED that the Town Board hereby sets 8:05 P.M. ,
Tuesday, September 16, 1997, Southold Town Hall, 53095 Main Road,
Southold, New York, as time and place for a public hearing on this Local
Law, which reads as follows:
A Local Law Extending the Moratorium on Telecommunication Towers
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Section 1 . PURPOSE. -•
Wireless communication technology has created the demand for
structures on which transmitting and/or receiving antennae are located,
creating a proliferation, of structures which are not adequately addressed in
the .town .code. On May 13, 1997 the Town Board of the Town of Southold
adopted Local Law 7-1997 establishing a one. hundred and .,twenty day
"Moratorium: on approvals or permits for telecommunication towers, to enable
the Town Board to draft appropriate regulations for telecommunication
towers. During. this moratorium period town officials have met _many times
and have drafted a substantial part of the new regulations, sent them out
for review and _ comment, and commenced the environmental review process.
In order to complete the adoption of the regulations, the moratorium must
be extended for an additional two months.
Section 2. EXTENSION OF TEMPORARY MORATORIUM
Local Law 7-1997, adopted on May 13, 1997, is hereby extended until
November 17, 1997. All the other terms and provisions of that local law
shall remain in effect for this period.
Section 3. EFFECTIVE DATE.
This Local Law shall take effect upon filing with the Secretary of State.
28.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
- ,� SEPTEMBER 2, 1997
SUPERVISOR COCHRAN: That's the end of our planned resolutions, I
believe. At this time we would like to ask anyone in the audience, that has
anything they would like share with the Town Board, please, share it with
US.
DOROTHY WOLF: My name is Dorothy Wolf. I am the Vice-Chair of the
Town of Southold Anti-Bias Task Force. I chaired our meeting on the
21st. Marvin Dozier, who is the Chair, was on vacation. He should be
coming somewhere about five o'clock to be part of this presentation as well.
We have brought to the committee that morning a complaint that was both
said, and urgent, and it concerns the land , spill up at the Cutchogue
Dump. The first spill seemed to have been handled fairly well with all
residents being advised of the situation, and aid and assistance given.
The second spill is what brings me here, and the complaint was brought to
our committee. The members of that community were not informed. There
does not seem to be an evacuation plan. There was a. lot of panic, and a
lot of .sadness, that the community was not served - well. There are bills
from the hospital. There were folks who had to take the day off, and have
not been compensated by their employers, and so they have lost work, and
they have lost money, but I think what concerns the committee most of all
is the seriousness of the Town's lack of some kind of evacuation plan.
That's what we are opening for discussion now. We are questioning. We are
not accusing. We are saddened. I, as a resident, who don't live near the
dump, I have something to worry about as we all do. These things travel
airborne. We know that, and I am particularly concerned about the folks
who did register the complaint before the committee, and sitting in the
audience I would very much like you to hear from the Rev. Fulford, Viola
Cross is a resident of the community, and Mr. and Mrs. Taylor are here,
and they have. some things .they would like you to hear as well. They are
directly involved in. They can answer your questions, and I know your
concerns. I thank you.
SUPERVISOR COCHRAN: Who would like to address the Board first?
REVEREND CORNELIUS FULFORD: I am Reverend Cornelius Fulford. I
am the Pastor of the First-'. Baptist Church in Cutchogue, and my concern
most of all is because the church is right next door -to the dump. I am
concerned about the members of the church, which we have fifty different
families, so at the time of the spill I was on my way out of the house,
because this particular evening I was having bible class, which would have
been about thirty .members there, and so unfortunately if I had left the
house, and made it to the* church I would have been involved in this spill
also, and most of the members that were there. Now, this spill. .. my
concern is the people that were exposed to this spill, and my concern is,
as Dorothy has stated, is about evacuation, system; how soon can you do
it, can you do it to the point that it don't endanger the members of the
church, which is right next to the dump, and how soon can you do this to
the point that when you evacuate certain area it is sufficient you evacuate,
and let the church know as soon as possible publicly about what is going
on at the church? As Dorothy said, people went to the hospital, and
people have bills that they are concerned about, and that the doctor gave
them; and `1 am quite sure that they are concerned about who is paying the
bill, and also, the loss of time. But, most of all it is since the church is
a valued part of the community, and which we are part of the community is
how can we safely guard the church from this 'not happening again, and
when it happens how quickly can we publicize the church to the point that
if we have an engagement .that particular night, then how can we stop
them, because if I had come up here then you would have involved more
than seven, eight people, it would have been thirty to forty people
involved. So, that is my concern, the welfare of the people, especially
those that worship at the house of God, which is next to the dump.
SUPERVISOR COCHRAN: Thank you, Reverend.
VIOLA CROSS: 11 am Viola Cross, and I am one of the members of the
community by the Landfill. My neighbors on Thursday, two families were
notified about acid. On Friday we didn't know anything about it at all.
Nobody said anything about anything being spilled at the Landfill. When I
came home on Friday, I was away at doctor's, and therapist, and what have
you, I knew there was something different. I could smell in my mouth, and
S„
SEPTEMBER 2, 1997 2.57
I went on in the house= and closed the door, and then my daughter came
about seven o'clock, and she said, Mom, my gosh what is going on. She
had just had an operation. She had cancer, and 1 was concerned about
her. She came in, and put on the air conditioning. Then one of our
neighbors, she called, and she said, my husband just walked in, and he is
dizzy, and -you know what have you, and I said, all right. In a few
minutes she called back, and said, he is so dizzy. So I said, call 911 . So
she called 911, and they came. By the time they had come he had blacked
out, and there were four ambulances at one time in my backyard, and that
is a concern to me".- They did my blood pressure, .and they wanted me to
also to go to the hospital, and my daughter also, but we refused to go, but
my concern is seeing this happen in our community. You know, when one of
us is down we al-1 feel that, and then I come to find out the Taylors, who
is closer to the landfill than anybody else were not even informed of the
first spill, and that was a concern. Barbara can not be here today, but
her neighbor, who is also near the landfill, lives adjacent to the landfill,
she is here, and she didn't know anything about it. She said she knew
something was wrong Friday, because of the way she was feeling, but my
concern is that when the police came, and he told them they had to be
evacuated, could not stay back there, and I said, they don't have any
transportation, and he said that we can't evacuate them. I said, what did
you say? He said, we can not evacuate them, and I said, why? He didn't
give me an answer, just walked away. Now, they don't have any
transportation. The only reason I could get out was because my daughter
had been there, and we did not stay there that night. But, my concern is
that regardless, they need to have some way of evacuating . the
neighborhood. If it's the whole neighborhood they have to, but it was not
done, and they are quite concerned about that, and concerned about losing
time from their employment, and I feel that there should be something done
concrete that we will 'know that we are safe there in the community. Thank
you.
LARRY TAYLOR: 1 am Larry Taylor. I live in front of the landfill: That
day I was riding, and I noticed that ' the dump was closed. You know, I
seen the police cars there. I was going to work. My client stopped by and
told me the dump was dumped. She didn't know why. My wife is at the
house. I come back later -on after I get through work. They said the
landfill was closed. It was a toxic spill. I said, did you notice anything?
Did they tell you? She said, no. She sitting there with her eyes running,
you know, burning, and we thought because she just got into an accident,
so we thought it was a reoccurrence from the accident, not knowing
anything about the spill. I didn't even know until there was a first spill,
that we were not aware of. I mean, in order to get to the dump most
people have got to go past my house. I mean, I am courtesy to them,
because my backyard is their front yard. I would. like a little bit more
respect, because my wife, I am trying to take care of her. I .don't know
nothing, and I still don't really know nothing unless I pick up the
newspaper, because nobody never came by, and said, we are concerned
about your well-being. I want somebody to be concerned about my
well-being.
DOROTHY WOLF: If there is no one else that want to comment, you. have
heard' them all.
SUPERVISOR COCHRAN: I can address first hand the first spill. 1 was
on the site, had gone home, and had a call. I went up. The first thing I
d.id was close the landfill. The second thing I did was instruct the Police
Officer to go next door, and notify the people that lived in the area. I
didn't think of Mr. Taylor, because you are to the front of the landfill,
and we told the people that were within 250 feet, people would be okay. On
the first, that was the acid. We took every precaution, and anyone that
felt they had been near the fumes were sent to the hospital for testing,
because in the acid spill if you did breathe it does sensitize the heart,
and you are not supposed to do any heavy lifting. We checked with the
poison control center. I' mean we took every precaution, and I apologize
and I have spoken with Mrs. Taylor, I believe, that you certainly will be
included the next time, and hopefully there is not a next time. For the
second spill I was not on site. It happened at night.' I got a call about
11 :30 at night, and it was being handled by our landfill manager. I
understand that many of you went to the hospital. What we did with the
first, I didn't give the workmen or the police officers even a choice in the
SEPTEMBER 2, 1997
r,
first spill. I said you are ordered to go to the hospital, and be tested,
because the poison control people suggested that they do tested. The town
picked up that cost, and I would say, and I am sure the Board would
support this, that on the second spill it's unfortunate that two happened
back to back, because people kind of get the two mixed and melded
together. We would like very much for some representatives from the area
to come in, and John Raynor, who is our Emergency Preparedness Deputy.
He is my deputy. I think we could sit down, and put into place a plan if
this ever happens again. Not only for your safety and your welfare, and
evacuation, I think -we could tie it in all together. Does the Board have
anything to add?
COUNCILWOMAN HUSSIE: Could we possibly pay for the bills?
SUPERVISOR COCHRAN: As I said, we should pay for the hospital bills,
because we did on the first. The second one was some lacquer in a drum.
The first one was, and you'll probably read more about it' in the
newspapers, because the DEC is taking action. But, the first one was two
young people that came in, in a business truck, and asked if they could
drop this off to the STOP Area, where we take toxic waste. The STOP
area was.. closed for the . day, and they were told, no, they would have to
come back on Saturday, or whatever day. They decided to drive up to the
area where they did dump up by the metal dump, and just started pouring.
We had a woman from Peconic come down, and stop at the booth, and say,
hey, there is two young boys up there pouring this stuff, and it doesn't
look right. I don't think they should be there. So, the gateman took her
license plate number, and so forth, so we were able to verify. During all of
this going back and forth, 1 did call the business who we felt it was, and
asked them to verify what was dumped for the safety of everyone involved,
so we did know more-' or less up front what was dumped on the first one.
On the second one evidently it was some kind of• a lacquer that was brought
in, in a drum, and they felt there there two or three gallons still left in
the drum, and our heavy equipment crushed it evidently, and when it was
crushed, of course, there were fumes and -so forth. Now, since then the
DEC, and the pollution control people have tested the dirt from the second
spill, and it has been found to be-non-toxic. At the time the fumes I think
is what caused the problem- for you people. So, if you would you please
submit your bills to the town in relation to the testing. Jim talked about
cutting all the tops and bottoms out of all drums before they are brought
into the landfill. My only. concern is. we then will have forty areas
throughout the town where they are cutting the �bottoms and tops out of
drums. I mean, are you causing another problem?. So, I think it is
something we have to look at. But, certainly, Reverend, you have been in
to see me before, and if you could have a couple of representatives from
the area, and we will set up a notification to the church in case you are
having a function that evening, and so forth. We regret the fact that you
had to come in. It's something that we didn't expect either. The first bill
is $12,000, and it looks like the second one might be more than that, so
this isn't something we all wish for. It's something we do not like to see.
But, anyway, we can make the neighborhood more secure. We are here.
Our first concern is the health, safety, and welfare of our people. Let's
you and I talk, and 'set this up. Is there' anyone else who would like to
address the Town Board?
JACK FOSTER: One of things I. did not mention when I was here before was
the helicopters that are spraying. They start at 6:00 o'clock in the
morning. Now, I know that the crops have got to be attended to, that's
agriculture. I don't mind. It's a necessity. Those plants can't be
influenced by cash or any other thing to come. They have got to have
T.L.C., so that is just a thing that happens there, but I am still
concerned about the weddings and so on. Mr. Pellegrini says that people
come, they sought him out, and well, I guess he can't say, no. But he
says that our written events policy clearly restricts events between six
P.M. and midnight requires the music be turned down at 10:00 and off at
11 :00, At six P.M., that is the start of my prime time in my yard. If I
want to have anything going on during the evening it's during this time. If
the music is down at ten, that doesn't help me much. Before you mentioned
something about development rights with this property. I was told when I
bought my property that, that the development rights had been sold to the
property, so I don't think it should be winery catering hall combination.
He says, that he has strict policies, but I went over at quarter to twelve
rr
SEPTEMBER 2, 1997 259.
one night. Well, they .said that was the last song. I went over at about
ten, and the music was too loud. I told him. He said, I can't do anything
about it. I. said, you own the building. He says, talk to the man that is
playing .the music. He refused to turn it down. He said I would ruin the
people's wedding. We had a few words. He said, he would not be in control
if I touch him again. This is how much control Mr. Pellegrini has. I left.
Got right out, because the people had the wedding. It's an innocent thing.
They don't know anything about it. Why should I ruin their wedding, but
so that don't happen again, and he wants to have weddings to support the
winery until it gets on it's feet. I don't how the other wineries were
supported until they got on their feet, so I really think there is something
that we have to look at, and I just want to come back and just sort of
re-stimulate this thing, and keep it in mind, so you can go over it
carefully, and - know that other vineyards can do the same, and that we
could have a problem if it develops any further.
COUNCILMAN TOWNSEND: We have an ordinance, a Local Law, that
restricts these gatherings, catering, and what we are doing,, I think, is
looking* at the permits ' that were given. If a winery .has a function that
requires them to use a tent or the outside area at all, then they ' have to
have a, special permit that is given by the Zoning Board of Appeals. That
was part of the legislation, and it 'becomes a problem of enforcement, as
opposed to a law. If this was outside of the prescribed, you know the
building, .if it was outside in a .tent or something, and we are supposed to
put regulations on the use. That's what we are looking to at the moment.
SUPERVISOR COCHRAN: Mr. Foster, we did discuss this as I promised, so .
the Board is looking into it further.
JACK FOSTER:. The" way his building is designed it's an open patio within
the building, so there is a tent, and probably that is the reason it is so
bad.
SUPERVISOR COCHRAN: You will be hearing more from us.
JACK FOSTER: That's good. The winery are an attribute. I am not 'here
to complain about them just what- they are going to impose against me,
because they are fabulous. I mean our area is really landmarked by them,
and we need them. We just have to polish up their policies. Thank you
very much.
SUPERVISOR COCHRAN: Thank you, Mr. Foster. Anyone else like .to
address the Town Board? Mr. Carlin?
FRANK CARLIN: Good afternoon, ladies and gentlemen of the Board, .
Madam Supervisor. I have been away for three months. It has been a long
vacation, .a lot of issues backlogged here. I don't know where , to start.
But, before I start I want to make something very clear. I mean this. .I
have been coming to Town Board meetings over fifteen, , twenty years:
already now. I am not a newcomer at this. I- don't stay away from Board ,'
meetings .for periods of time, and then for my best interest when I want
things going on at the Town Board. I come here when I got an issue, and
I speak about an issue, and that is it. I speak for myself. I .am no
mouthpiece for no organization or anybody. Let's get that squared away
right now, I have always said, and I always will say that, I give credit
where it is due. On my one issue I am going to give some credit here,., and
that is to Michael LaGrande. I know Mr. LaGrande and I didn't agree
on the McDonald issue, but that's all right. Everybody is entitled to their
own opinion. But, you know when I look in Mattituck, now from, Bray
Avenue, ,down to Factory Avenue, over to Route 48, over to Captain Kidd
Estate, I' see these red and white soldiers. You are all looking. What. I
mean by red and white soldier,. that's a little humor thrown in there. It's
fire hydrants. It's good to see that. It helps the fire department, and it
shows that we are going a step forward here. Actually from Southold Park
all of the way to Factory Avenue we have no pressure hydrants. We 'have
wells for the fire department, but no pressure , hydrants. Riverhead,
however, completed theirs all the way up to the Laurel line, Route 25.
They have got pressure hydrants, red and white soldiers, all the way up to
Laurel. As a matter of fact they even have them down Sound Avenue.- They
are moving. Anyway, it's good to see this. I only hope that. maybe, just
maybe in the future, we won't be forgotten about in Laurel on the. Main
2.60 SEPTEMBER 2, 1997
Road, our little red and white soldiers. Now, talk about open space, land
preservation, I think I got an answer on this Bell Atlantic Cellular Tower
deal. You got this open space, you have no problem. You got plenty of
open space to put ' the towers. We don't have to worry about residential or
anything. What's the big deal? Now, I was down to Orient Point this
weekend on Sunday. I went to the ferry at 3:00 o'clock. The amount of
cars parked along the shoulders all the way down to the State Park
entrance. In fact, I actually had to give a right of way to the bicycles,
because they were on my lane, because they couldn't use the bicycle lane,
because there were cars parked there. That was alright. I think it's saying
something• to us, that I guess that problem back with the Orient Point ferry
wanted to purchase some land for parking, didn't want it, and this is the
outcome of it, gets us no place to park, so you got to park along the
shoulder, and all over the place. I don't understand that. I think it's
coming back to haunt us now. Cars all over the place. Need more parking
out there. It's too bad that the County took over that north field there
where the old hotel used to be, because I remember years back, about ten
years ;ago, a developer from New York wanted to develop that land, and
build condominiums, but the Town wouldn't let them. It was too' bad the
County took it over. That would have been ideal for a parking lot in there.
Level off, it would have been ideal for parking. All these are my opinions.
I speak for myself, my own mouthpiece. One more thing, somebody else
wants to speak. Food for thought. I suggest to the Town Board that you
pass a resolution, not only to preserve our land, farmland, preserve our
Town parks, so that they can never be, no park can ever be sold or given
away. Therefore the Laurel Park, awhile back, we almost lost it. It was
almost given away. A beautiful park, this weekend there was a lot of action
there. People were using the picnic benches. The kids were using all the
equipment there. We got two Little League baseball fields. We got an
information center there. We have to protect, so this doesn't come close to
happening in the future of giving away our two and a half acres of land for
whatever reason, who ever had any reason, or what reason they had to do
so. Come close to doing it before even the people had a vote on it, or
people had anything to say. I suggest that, food for thought, there become
a resolution to protect our parks, so this will never happen. I will step
down now. Somebody else wants to speak. I have so many things to catch
up on.
SUPERVISOR COCHRAN: That's what happens when you take vacations.
JAY CARCANI : Jay Cargani, Southold. Earlier on I heard the Board
members say that open land is a good thing, because it keeps cost down.
We don't have to patrol it. We don't have to do various things. We all know
that persons, places and things generate conditions. That is absolutely
true. On the other hand certain services are needed. The key word here,
really, is, is it appropriate where placed? You know Manhasset is an
exclusive bedroom community, and it has the miracle mile, but it is set off
from the residential areas. It was planned. It was appropriate. You make
your characterization matching funds. Beware. In 1975 New York City got
itself into a fiscal jam.. Employees weren't even paid as the consequence of
the matching funds. To me the characterization is like two guys at a bar.
They are matching fund, too. You buy a drink, and I will buy a drink.
You both wind up drunk and uncontrolled. That's dangerous. You know
everyone thinks that the open land doesn't have any cost. It may not have
any high profile cost, but there are costs involved. First of all, usually a
bond carries a very long term of repayments. How can anyone here say ten
to twenty years down the road, that there will not be other situations
generating themselves in a more timely, and a more forceful manner
impacting on the lives of Southolders. Aren't we really putting ourselves in
a bind to a certain extent? Are we aware of the constraining effects?
"That, too, I think is important. Also, I would like to know a little bit
about the Planning Board, how it fits into the interstructure of our
government, essentially who is in charge? I think that Planning Boards
dealing with the sensitive issues that they do deal with, their members
should have special qualifications, perhaps even profile evaluations,
personality tests, such as are being given to policemen, as we all know
now, which is a serious issue in Nassau County. These things are
extremely important. I think it's important, too, that Planning Board
decisions should made in a specified amount of time. I realize that there
are ingredients there that require very careful evaluations, but, you know,
time has proven, time and time again, that dragging out proceedings
SEPTEMBER 2, 1997 2`6
invariable strengthens a respondent, and hurts the plaintiff. Dragging out
a proceeding can never be considered to be a exponent of democracy. I
think that the 'Supervisor has a wide area to supervise. I personally would
like to see community captains appointed on a voluntary basis most likely to
keep cost down, and these people could report to you things that they see
going on. For instance, in- New York City there is a Unit 21 in the Police
Department called the Highways' Patrolmen Conditions, observations being
made, recommendations made, action taken. I can tell you that I made
multi-visits to the Southold Library. There are conspicuous signs there, no
skateboarding, and 'yet repeatedly the skateboarding goes on right in front
of my eyes, and I am sure the eyes of others. Masonry is being damaged,
loss being incurred. My question, why aren't actions being taken? I think
that is pretty much my situation.
SUPERVISOR COCHRAN: I don't quite know where you want me to start.
You had quite a few questions. The Planning Board. The Planning Board
is created by the State of New York. I think probably back in the '50's.
The Planning Board is appointed by the Town Board. They also have at
their disposal a Planning staff, who are professionals in the field of
planning.
JAY GARGANI : Are there special qualifications?
SUPERVISOR COCHRAN: For members of the Planning Board? No. Usually
people that apply from the community. There are times that we are lucky if
anyone applies at all.
JAY GARGANI : In terms of power structure, how are they probable to
the Board's powers? Who rules who? Who .is in charge?
SUPERVISOR COCHRAN: They are antonymous of the Town Board. The
only relationship we have with them is appointing the members of the
Board, but they are antonymous. We can not tell them what to do, or how
to do it. They make their own decisions, and it's like the Trustees. The
Trustees are apart from us. They are appointed, but even your elected
Boards are not responsible except through a budget to the Town Board.,
Skateboarding? Laury, do we have anything on the Code on skateboarding?
TOWN ATTORNEY DOWD: I am pretty sure that there is some restriction
on it.
SUPERVISOR COCHRAN: It's private property. The library and these
places, and usually they put their own signs up. That why I am asking if
we have an ordinance.
TOWN ATTORNEY DOWD: They could call the Police Department.
SUPERVISOR COCHRAN: Even the banks, any place that has a parking
lot, or curbing they posted their own signs. It's private property.
TOWN ATTORNEY DOWD: I don't see anything, not in a very quick review.
SUPERVISOR COCHRAN: I personally think we don't have anything on the
books, because it is private property, so they do their own posting.
JAY GARGANI : The only work that I want to reiterate again is that
services are needed. You can not possibly put all the costs of government
on the backs of residential taxpayers. Inevitably they will have to be some
kind of a turnaround, and of course, the key word again has to be
appropriate. If we can anecdotal for a minute we can simply say then, we
may as well give free cigarettes, and free alcohol to senior citizens to
keep our health costs down they will die sooner. I don't think it's such a
good idea. I am just saying that is important to recognize certain things,
but these certain things must be in balance with the total environment.
SUPERVISOR COCHRAN: This will be on the ballot in November, and the.
community will make the decision on this bond issue.
SEPTEMBER 2, 1997
COUNCILWOMAN HUSSIE: It's unfortunate that the resolution you saw on
the agenda just says, vote on a resolution for $2,000,000, but actually this
is all of the steps that have to be taken in order for you to vote on
November 4th for this bond issue, or against the bond issue. Actually it
is your decision, not ours. All we have to do is put the process in motion
so that you can make that decision. That is what all of this was.
JAY CARCANI : Perhaps the Board members provide guiding light on
issues like that, because you see how many people are before you, and it is
not that easy to reach all the people of the town in order to provide them
with the necessary information to vote intelligently on matters such as this
pending consequences thereof.
COUNCILWOMAN HUSSIE: I sure the papers will help us to that.
MELANIE SANFORD: My name is Melanie Sanford, and the former speaker
brings, up a very significant point, when he talks about possible personality
tests. What is the criteria for some of the Town employees, because a lot of
public positions out in the community, they are dealing with members of the
community, and specifically I just wanted to just mention an incident on my
street, that happened on Friday involving the Highway Department. The
Highway Department has been in our neighborhood to do some road- work,
and they, also, have been down there overseeing some surveying
operations, and they were there Friday to do some tree work. Coming from
Locust Lane you can probably understand what my concern is regarding the
tree work, so Friday morning about 8:30 1 went to speak to the crew, and
I asked them very elemental questions. Who requested this work? Is it in
writing? Is there authorization? I have to say I was treated very rudely,
very rudely, and the kinds of answers I was given were, well, Ray Jacobs
is on vacation. It's not in writing, and we are here to do a job. I feel as
a member of this community, you know those are pretty valid straight
forward questions, and I was very . upset by the kinds of answer I was
given, and the crew continued to their work to the point where one call
was made to Town Hall, and fortunately Mr. Forrester, Ed Forrester,
the Code Enforcer, and Building _Department Director came out, and took
charge of the situation.' He spoke to the residents. He spoke to the
employees, and successfully he curtailed a lot of the trimming that would
have taken place that would have been unnecessary and unauthorized, and
I would like to thank Mr. Forrester for his professionalism, and I really,
really do appreciate it, and I think that the Town Hall could benefit from
some of- this professionalism. 1 don't know if you- do have personality
tests, or you have, you know, kind of seminars, or programs to train
people that are going to be dealing with the public how to handle the
public, but I just wanted to bring it to the Town's attention, because the
way I was treated on Friday I really hope it is not repeated again, because
work is going to be continuing on Locust Lane, as it seems be these past
few weeks. It's really not acceptable, the behavior we were subjected to,
so again, I just wanted to thank Mr. Forrester for coming out, and really
taking charge of the , situation, and being very professional, and it's a
real credit to the town, really, the way he behaved anyway. One other
point, I just want to say, that I also saw on Channel 27 the scheduling for
"'the '11 :00 o'clock has been restored. I know I sent a letter to the Town
Board, Laury in particular, and if you had anything to do with that I just
wanted to thank you as well. We are really pleased that evening program,
11 :00 O'clock is now being shown again. So, thanks again on that note.
JIM HICKEY: Jim Hickey. I heard some things here tonight, that
really upset me, the dump situation. Being a former police office, charges
could be brought to a certain officer that refused to transport. That's
pretty serious. Another thing came to my attention. Handy Pantry in
Mattituck, one of the owners, Walter Peterson, Sr., is a retired Suffolk
Detective Sergeant. He told me last week that one of his night managers
called the police in regards to disorderly youths congregating out in the
parking lot, and harassing people to buy them beer. He said, the night
manager said it took one hour for the car to respond. He said in the
future he is going to call SP in Riverhead. Now, if all these things are
true, I think it's high time, Madame Supervisor got together with Jim Stark
because in today's paper it quoted them as saying they had to call
Tanger to find out what was wrong yesterday, that they had gridlock
around the mall. If it is getting to be that much of a problem out here in
SEPTEMBER 2, 1997 . 6.3
these two towns all you have to do is get together, and merge both
departments with Suffolk, and let Suffolk handle the problem. Thank you.
SUPERVISOR COCHRAN: Thank you. Yes, ma'am?
JULIE SANFORD: Julie Sanford from - Southold. This morning I attended
the Work Session in which there was discussion about the wireless
communication towers, and it seems to be the similar theme here about
putting them in residential areas as opposed to other zones, which I feel
kind of pertains to the same issues that we are dealing with as far car
dealerships in residential areas, and I have to say, Councilman Moore, I
listened, and I heard you say, don't you believe if there was a more
appropriate zone the applicant would go there first? Well, I feel that it
is up to the Town Board to direct the applicant to the most appropriate
zone, rather than the most convenient, and I also feel that, you know, car
dealerships have never been allowed in residential zones, and never been
allowed in hamlet zones, and I think these are the more sensitive areas, as
opposed to other zones, and I just felt compelled to bring this to your
attention.
SUPERVISOR COCHRAN: Thank you. Mr. Carlin?
FRANK CARLIN: Just a couple of things I forgot to mention, Madam
Supervisor. When I was speaking about the fire hydrants, and stuff, I
don't think the people realize, some people don't realize when you live in a
district where there is a fire hydrant you get a reduction on your house
insurance. Joe, you know that as an insurance agent. A lot of people don't
know it. I would be honest with you, for awhile I didn't know it myself
either. One other' thing is, we have an ordinance on animals that invade
peoples' property, and destroy things on their property. That is dogs and
cats, I believe it is.
SUPERVISOR COCHRAN: Dogs.
COUNCILWOMAN OLIVA: Leash Law, no cats, only dogs. Dog control.
FRANK CARLIN: There's nothing on cats? That's what I am going to say
right now. If you don't have a farm, you should have it on a lot of
animals, because there is' more animals in town than dogs. I know a case
right in Cutchogue, I wasn't -going to say this, but 1 know a case in
Cutchogue, the woman is a widow, and she has planted a garden to grow
tomatoes. In this particular instance these animals come over, and destroy
her garden, and are destroying her property. She called the police. She
called the Ordinance Inspector. Nothing can be done, because the only
thing you have in the ordinance is for dogs. Let's add in general,
animals, to this ordinance, so this woman and other people like this, with
this kind of a trouble can be covered. What is the big deal of just a dog?
It a shame this woman, she lives by herself, she puts her heart and soul
into this garden, every time- she looks animals always destroying her
garden, and can't do nothing about it.
SUPERVISOR COCHRAN: What are they, deer?
FRANK CARLIN: No, they are not deer. They are Guinea hens. I wasn't
going to mention it but there's got to be something done about it. The
police can't do nothing about it. Forrester can't do nothing about it, so
let's add it. You make all kinds of resolutions, let's put In resolutions,
that dogs, or even cats, and animals in general, that's all it takes, that
word in general, that something can be done about it.
SUPERVISOR COCHRAN: Thank you, Frank. Sir?
FRANK CARLIN: You make all kinds of resolutions in Zoning Codes. You
can put towers in there, but you can't put a simple word in there. This
woman has to be aggravated.
JIM HICKEY: Jim Hickey, Mattituck. Address Councilman Townsend.
The issue of these cabins out at Orient Beach State Park.
COUNCILMAN TOWNSEND: Cabins?
2*1_'_64 SEPTEMBER 2, 1997
JIM HICKEY: Yes. I understand the Cowen family bought the
property, -and they are going to donate it to the State. Is that correct?
COUNCILMAN TOWNSEND: I am not familiar with this.
JIM HICKEY: You will have to speak to the park manager someday. It
was to be put out about how the community felt about it. It seems a
certain newspaper twisted the facts, and I believe Mr. Kapell would make
a retraction, is that correct?
SUPERVISOR COCHRAN: Sir, you address your remarks to the Town
Board.
JIM HICKEY: Anyhow, they led you to believe, like there was going to
be twenty cabins. That's a fallacy. There is only going to be possibly five
cabins up at the Main Road. At first I was against it, but coming out of
the park you see the old King house, and a few other houses, and that
blue monstrosity jutting out of the wetland there. What harm can it do?
Councilman, how did your Labor Day armada or flotilla, whatever it was,
lessening civil disobedience, how did that turn out?
COUNCILMAN TOWNSEND: I think it turned out well.
JIM HICKEY: - I don't. I understand the editor had to call the park, and
say, where is everyone? Is -that true? The State Police or a park personal
come down to that site?
COUNCILMAN TOWNSEND: No, they did not.
JIM HICKEY: Okay, I guess it didn't work. As far as I know they have
been telling people, don't put a boat there for the past thirty-some years.
Am I right?
COUNCILMAN TOWNSEND: I have been going there for about forty years,
and no one has ever told me. I guess I was lucky.
JIM HICKEY: Right. You said- it was the residents' right to go over
there, you know your forbearers? The only ones that have a divine right
there are forbearers, where the Wyant, and had feathers at the end of
their braids. You know anything about the sea plane that came in, and had
a picnic there on Saturday?
COUNCILMAN TOWNSEND: No I don't.
JIM HICKEY: He said he does it quite often. Is Hallock's Bay a
designated landing for sea planes? Is it marked with buoys stating so to
warn boaters, and jet skiers, or whatever to watch out for planes?
COUNCILMAN TOWNSEND: Have I been quoted as being a proponent of sea
planes?
JIM HICKEY: No, I'm just asking you. You are familiar with the waters.
Are there any of those things -there?
COUNCILMAN TOWNSEND: I did see the sea plane. I heard that there was
a sea plane, that came in there.
JIM HICKEY: But I'm asking you, is it a designated area for a sea plane
to land?
COUNCILMAN TOWNSEND: I don't think so.
JIM HICKEY: Right, because it's covered by the General Business Law,
the Aviation section. I'm going to tell Chief Zigler to have patrolman
forward that tape they took of the incident to the FAA in Farmingdale,
and have that pilot's license revoked. What he is doing is almost, you
know, it's unbelievable. What if some child got in the path of an airplane
that was just about to touch down? If you give it full throttle it's only
going to tauck and flip over, and then you are going to have a beautiful
catastrophe, plus all the pollution that is going to end up in the bay.
SEPTEMBER 2, 1997 -2 6 5
COUNCILMAN TOWNSEND: I don't think sea planes are a good thing to
have landing in Hallocks Bay, or anywhere where the public is.
JIM HICKEY: They are only allowed . in designated areas properly marked
by buoys and signs. I told people, certain people, when they get
complaints about loss dogs down in that area, people picnicking and such
and such, they should advise Councilman Townsend of the Southold Town
Hall, or Troy Gustayson of the paper.
SUPERVISOR COCHRAN: Okay, let's bring this up to a different level,
and address the Town Board with your complaints instead of these personal
attacks, please.
JIM HICKEY: We have a nice crowd tonight, I notice. . ) guess people are
interested in what goes on in Town Hall. I know I am, because I voted for
everybody on this Town Board, like I said when Madam Supervisor, came
into office with the exception of one person in this room.
SUPERVISOR COCHRAN: Sir, please. Are you about finished? I'm going
to close this down. I am going to. cut this off. Is there anyone else that
would like to address the Town Board? Let's have it of some value. Yes,
ma'am?
DOROTHY WOLF: Once again, Dorothy Wolf, Anti Bias .Task Force. I
wanted to invite you guys, and the audience, and particularly Channel 27,
we are having a very special guest at our meeting on September 18th,
that's our regular meeting. Pat Acampora is going to be our guest. She
is coming at 10:00 o'clock in the morning, and we are looking forward to
that. I will be dropping into your office, Judith. I will be bringing you
our news release. I want to thank you very much for hearing us before.
SUPERVISOR COCHRAN: Thank you. Yes?
JULIE SANFORD: Julie Sanford, again. I would just like to reiterate one
more time, please, make it part of laws, do not leave it up to the applicant
to find the appropriate zone, and do not leave it up to the study groups to
let us know what is appropriate. Ir feel this should be part of our laws. I.
just want to say that one more time.
SUPERVISOR COCHRAN: Thank you. Mr. Wickham?
TOM WICKHAM: Tom Wickham from Cutchogue. I am interested in the
resolution tonight that authorizes the $35.00 fee for farm stand permit, and
my question really is, is this a new permit, or you are just establishing a
fee for an old permit?
SUPERVISOR COCHRAN: . It's a new permit.
TOWN ATTORNEY DOWD: It's establishing a fee for a permit system, that
was set up last year.
TOM WICKHAM: But the permit requirement has been there before? Has
this been a recommendation from the Agricultural Advisory Committee?
COUNCILMAN MOORE: As to the farm stand?
TOM WICKHAM: I am asking the Supervisor.
SUPERVISOR COCHRAN: I don't know if it has been discussed. They
haven't met in a while. The last time we met we discussed other things, but
this to my knowledge has not been discussed with the Ag Committee.
TOM WICKHAM: Thank you.
SUPERVISOR COCHRAN: You are welcome. Anyone else like to address the
Board? (No response.) If not, I will call for Board reports starting on my
right with Mrs. Hussie.
266
SEPTEMBER 2, 1997
COUNCILWOMAN HUSSIE: I am going to report. I went to New London on
the 22nd of August, and it was very interesting. As you know the. . I
don't know exactly who the bad people are, but they are dredging up near
Electric Boat, and dumping a lot of that stuff, that hazardous waste in the
Sound, and the place they are dumping it is within the Town's
jurisdiction. The Town is a participant in a lawsuit to have this dumping
stopped, and I was able to go up there to a meeting, that this has been
before a Judge, the Judge asked the parties to meet, to try to settle their
conflicts, and it was quite interesting. Unfortunately I am swore to a vow
of secrecy about what the actual topics were, but to just give you a idea of
the number of people and the kinds of people, that are involved, we had
people there from the Fishers Island Conservancy, from the U.S. Navy,
from the Department of Justice, the EPA, the Environmental Protection
Agency, the Army Corp of Engineers, the Town We were discussing and
discussing. It was just a very interesting meeting. I thought it was very,
very good, and I occasionally watch a program on TV called JAG, and I
actually met one of the female lawyers from the Navy there. She was there,
too, and I said, my goodness, I never thought I was going to get this close
to it. (tape change)
COUNCILMAN TOWNSEND: A couple of things, if you noticed on the Work
Session agenda items, there was an item on Police. We had interviews for
Policeman. As you may, or may not know, we have had several people
retire in the last year, and so we will be hiring probably several more
policeman. The amount or the number is still a matter of debate. It's not
on the agenda because of a couple things. You saw the article, maybe, in
the paper about the testing irregularities, certified information would give
the people more points, so the Suffolk County is looking at it, and I guess
we are waiting. for answers to that question as well. It is interesting. You
have some pretty qualified :people applying for the Police Office these days,
and that is because it is a very good job these days, and pays a lot of
money, and so we have to consider these things carefully, but I guess we
will be talking about that at the next meeting. In reference to the
comments that were made earlier in the meeting, I heard from several people
that were very concerned about what appeared to be a new policy on Long
Beach, which is a State 'Park. They were concerned because they were
being told they had to leave the beach. They would be coming off their
boat, and sitting on the beach, or whatever on Long Beach. It is
something that many of us have done for years, and years. . I understand
there has been a sign there for sometime saying, no swimming, no landing
your boats, and so forth, but it was one of those things that didn't cause
great concern, and it's been something that many people in the town have
enjoyed doing, and heard from people all over the town, not just Orient,
because I guess I became a focal point after the comments that I .made. I
do think that it is unnecessary. That beach is a pristine condition as far
as I can see. The hundreds of thousands of people that come and use the
park every year, and not enjoying walking on the beach. There does not
appear to be any damage. We looked over the beach in our civil disorder,
or whatever, civil disobedience action this weekend. We looked over the
beach and we were hard pressed to find any kind of debris, or any kind of
evidence that there had been any damage at all. So, 1 have asked the
Supervisor : at the Town Board to write a letter to Bernadette Castro, who
heads up Parks and Recreation Committee, to see if that policy can't be
amended to allow people to sit on the beach with whatever appropriate
guidelines there are relative marking off bird nesting areas, and preserving
the other area. I don't think it's of great danger, and it has provided a
lot of enjoyment for many years for the residents of Southold, and the
number and cross section of people, there were over 100 people on this
particular event, and they included a Judge and several lawyers, and a
publisher you mentioned, and quite a few people. So, I think it's something
that I would hope the Department of Parks and Recreation can help us
with. That's basically it, Jean.
SUPERVISOR" COCHRAN: Thank you, Joe. Ruth?
COUNCILWOMAN OLIVA: We had meeting with the DEC just to go over
what the procedures are going to be as the capping and the closing of the
Landfill. I think we were hoping for more variances, and being able to do a
few more things, than we thought we would be able to do, but I think they
are sticking pretty close to the Part 360 Regulations, but we will perhaps
SEPTEMBER I, 1997 26.7
be able to do something, at least as far as the composting is concerned. We
had the Anti-Bias Task Force meeting last week, a week ago, and I would
again invite you all to come to our meeting on the 18th to hear Pat
Acampora. She voted against an Anti-Bias bill, and we have just asked'
her to explain her reasons for doing so. We had Land Preservation
Committee meeting. We have a new Chairman, Dick Ryan, and I think it is
going to be a very active committee in promoting and looking for parcels of
land that are contiguous to our present farmland acquisition, so that we can
have a real solid block, especially in the Matti tuck-Cutchogue area, and we
have before us a proposal from a farmer. The Town Board has already
said that we can divide this parcel, the Dickerson parcel, into two
distinct parcels, so that they could sell it easier. One would be a
vineyard, and the other is a horse farm, so it was a unique experience in
all the years I have been going to the Land Preservation Committee
meeting, that they are going to be deciding just what structures, and how
they are going to be placed on this farm, so it was a very interesting
meeting. I, also, attended the Police interviews, and we will have to see
what happens with that, and a few weeks ago I met with representatives
from Senator LaValle's Office, and Pat Acampora was there, to discuss
the problems of erosion east of the Mattituck Jetty, because they are
experiencing the same erosion problems as the people east of the Goldsmith
Jetty. .I think Jean will announce, too, that hopefully we will find the
funds with the State to continue the study from Mattituck Inlet all the way
to Horton Point. This will certainly be advantageous to the property
owners, and to our Trustees, who give out the permits for bulkheading or
groins, or what have you, so there is some data base by which they can
make their decision. So, I am real pleased about that. Otherwise, I hope
everybody had a very nice Labor Day weekend, and I am glad to be back.
SUPERVISOR COCHRAN: Thank you, Ruth. William?
COUNCILMAN MOORE: I will be real brief. I had a very nice week's
vacation here in Southold last week, . and I look forward to a very active
fall here with the Code Committee, and a variety of things that are on our
plate to get done, not the least of which is that Cell Tower Ordinance.
SUPERVISOR COCHRAN: - .There "are a couple of things I would like to
share. We have received a grant of $297,000 to do the study along our
shoreline from Duck Pond Point to Horton's Point. Senator LaValle's
office did call last week, and there is a distinct possibility that these
funds can be matched through the EPA, and this would give us double the
amount and we would then be able to do this study from the Mattituck Inlet
down to Horton's Point, which is most of our shoreline. The problem is
more than just one particular spot. It is a matter of erosion along the
entire coast of Southold Town, and I think if we have this opportunity: for
the funding, and it would not cost the Town, that is something that we
should do. As you know last week I held the change in the Code for no
parking on Rocky Point Road. I asked that Mr. McDonald would come in,
who is part of his business was reducing liability, and several fishermen,
so we ended up with about four or five people coming in. We came up with
some . options. We started to lay down a network of things that could be
done. We are meeting again this Friday morning at 9:30 with residents
from- the area, down Rocky Point Road, for their input, and then it will be
coming to the Board, and hopefully we can find a solution to this problem.
I had a meeting up at Headquarters the other morning. It took most of the
morning to review the evacuation plan. We are going to be having a drill
on September 28th in relation to a Millstone disaster. I don't like to
put it that way, but it would be a Millstone disaster, and see if we have
everything in place to be able to support, and bring those people here,
and what we would have to do, so that is going to take place on Sunday
the .28th. I also attended the East End Supervisors and Mayors meeting
this past week. We discussed the scenic significance, because the five East
End Towns have been looking at that, and we feel that there is the
possibility of matching funds is stronger if the five towns apply for the
funds as a group. There has been no decision made. I came back to find
out what my Board's opinion was, and of course they are supportive of it,
so we will go back, and see if we can convince everyone in the five East
End towns, be it Mayor, or Supervisors, that this could be a worthwhile
thing. I would like to, once again, thank the custodial staff for the job
that they did this year as far as the flowers out front. We have had
many, many compliments about how lovely Town Hall looks. Mr. Catapano
i
268 SEPTEMBER 2, 1997
donated all the flowers. He gave us enough so that we were looking for
places to plant them: They aro up at Police Headquarters. They are down
on the corner. They are around the entire building. He was very
generous, and it looks lovely, ,and we are having many, many compliments.
I would just like to take a remfgnder the last thing, to remind everyone that
school opens tomorrow, and we would appreciate slowing down on the
highways, and being cautious of the school buses, 'and kids walking to
school. Alice, just thought of !something.
COUNCILWOMAN HUSSIE: I thought of something very important, and this
is another referendum that is going to come for the people in Suffolk
County, and it has to do viith the LILCO-LIPA vote situation. The
Suffolk County Legislature has, been fortunate in getting permission to put
that proposition on as a referendum, and something for you to vote about.
I know there is not much information out there. Most of the information
that you are hearing is from LILCO and it is being published by
Newsday; and there is very little. There are no funds for
advertisements on TV, or in t;wie paper, or anyplace, to tell you the other
side. Please, find out all that you can before you vote. I'm going to be
talking. I think I am going to have to check on how much I can say about
this, because if I am the : only way that you can get this information 1 am
going to do it. I do not know if I can do it in this forum. I am going to
check. To be continued.
SUPERVISOR COCHRAN: May I' have a motion to adjourn?
Moved by Councilman Moore, se(:onded by Councilwoman Oliva, it was
RESOLVED that this Town ` Board meeting be and hereby is adjourned at
6:10 P.M.
Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva,
Councilman Townsend, Councilw,:)man Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
A!u�dit�h(— T. Terry
Southold Town C I e rr