HomeMy WebLinkAboutTB-03/03/1998 157
SOUTHOLD TOWN BOARD
MARCH 3, 1998
WORK SESSION
Present: Councilman William D. Moore, Councilwoman Alice J. Hussie,
Justice Lousia P. Evans, Councilman John M. Romanelli, Councilman
Brian G. Murphy, Town Clerk Elizabeth A. Neville, Town Attorney Laury
L. Dowd. Absent: Supervisor Jean W. Cochran.
9:00 A.M. The Board met with Tim Caufield and Peri Youmas of the
Peconic Land Trust and Andy Johnson, Consultant to land trusts. Mr.
Richard Ryan, Chairman of the Southold Town Land Preservation
Commission and Town Planner Valerie Scopaz were also present. Mr.
Caufield advised that they had four items -to discuss with the Town
Board: (1) Management Agreement with regard to Fort Corchaug; (2)
Work Agreement between the Peconic Land Trust and the Town of Southold;
(3) General Planning Initiative that Valerie Scopaz has been 'putting
together; (4) Base Line Documentation Report. Mr. Caufield said' that
they do a lot of their work for private concerns. They said that they
would like to see the Town Board pass a resolution in support of their
efforts. They explained that they document the records of the property at
the time of the gift. They look at it as a biography of the property, they
use photos, maps, topographical and aerial maps, and they also include
any relevant documents. They plan a passive recreational use of the .
property with nature trails. They hope to create something that the Town
of Southold will be proud of. Mr. Caufield said that he has applied for
grants for funding and National Landmark Status has been applied for.
He said that the funding would be from the open space committee. Town
Attorney Dowd will check with bond counsel to be sure that it is legal `to
use it for this -purpose. The work agreement and the overall planning
effort and the base line documentation report Was also ' discussed.' The
water authority data is the most accurate they have ever seen for town
information. Although Richard Ryan had not seen these agreements prior
to this morning, he said he felt that the goals of the Peconic Land Trust
were very appropriate. Supervisor Cochran was very familiar with the
plans, but was absent from this meeting. Therefore, the board delayed any
action until the next meeting in two weeks.
10:10 A.M. - Richard Ryan, Chairman of the Southold Town Land
Preservation Committee presented a proposal from Stype to do a report on
greenhouses for the Rutkoski property for an additional $150.00. He
will order this .report to go on this property.
10:20 A.M. - The Board reviewed the For Discussion •IV Items. on the
agenda. (1) Sexual Harassment Policy. Town Attorney Dowd presented a
condensed version of Riverhead's policy. The Board made several
suggestions for further condensing it. (2) Tax Exemption For Disabled
Persons, Assessor Chairman Scott Russell was not in today, Assessor
Robert Scott was out of the office at this time and their office was asked
have him come to speak to the Board when he returned. (3) The charge of
the Police Advisory Committee was discussed. (4) The Board reviewed the
Cell Tower Lease Agreement. The Board stated that they wanted a 2%
increase per year and the $1,500.00 upfront upon signing the contract.
(5) The Time Clock Policy was discussed further. It had been reviewed at
the last board meeting and the Town Attorney was asked to gather
information from Superintendent of Highways Raymond Jacobs, since he has
been using the clocks for a number of years. (6) Golf Course definition
was discussed. Town Attorney Dowd presented a draft local law for the
Board's review.
158 MARCH 3, 1998
11 :10 A.M. - The Board took a short break at this time.
11 :20 A.M. - William Milusich, Chairman of the Board of Ethics. stated that
the Board of Ethics was formed about three years ago and 'the Board
thought it was time that they reached out to the people with that in mind,
they prepared a draft pamphlet so that the people can learn what "Ethics in
Government" is all about. Mr. Milusich stated that he is not too sure
that the people know that there is a Board of Ethics E a Code of Ethics.
A new form was introduced in the past year, the Transitional Disclosure
Form or recusal form. Mr. Milusich asked the Board for suggestions
for educating the public and getting the word out. He suggested having
training sessions for the town departments.
11 :40 A.M. - The Board continued to review For Discussion IV Items on the
agenda. (7) Solid Waste Coordinator Bunchuck's request for printing of
Childrens Recycling Activity Books was discussed. The Board would not
approve of printing the books because we no longer have the Recycling
Coordinator Mary Jackson to go around to the schools, etc. and talk about
recycling. The Board did not feel .that it was worthwhile just to hand the
book to a child without an explanation of the recycling process. (8)
Moratorium on convenience stores was discussed by the Board. (9) Topics
Assignments to Committees is being held until Supervisor Cochran returns.
(10) Our insurance company asked that Tours of the landfill be stopped
to keep children from getting hurt, and also that loading of residents
vehicles with mulch using town equipment be stopped also to reduce
liabilities of the town.
12:20 P.M. - Assessor Robert Scott appeared before the board regarding
the "Local Law in Relation to Partial Exemption for Disabled Persons. It is
too late for this year, it could not be retroactive to before March 1,
1998. The Board suggested holding off for several months and then acting
on it for next year, so as not to confuse people over it. (11) A date will
be set for a public hearing on "A Local Law in Relation to Illegal Dumping
on Fishers Island (Section 48-3 of the Town Code.)
12:30 P.M. - The Board recessed for lunch and will reconvene at 1 :30 P.M.
1 :30 P.M. - The Board reconvened. The Board discussed going to bid for
sand for the landfill cover. A resolution will be placed on the agenda (No.
16) to authorize the Town Clerk to advertise for bids. For Discussion Item
IV 5 Time Clocks were discussed again and the designation of Department
Heads to enter information into the clocks. Comptroller John Cushman
said that the goal here is to eliminate paperwork. Department Heads will
enter a security code in order to store information. The pay period is two
weeks from Thursday to Wednesday. There will be three time clocks at
Town Hall, one at each end and one at Justice Court. There will also be
clocks at Highway, Landfill, Police, Recreation Center, Human Resources,
Scavenger Waste.Employees will be allowed to clock in up to five minutes
before and after the hour, and adjust it if they feel it is necessary.
1 :55 P.M. - The Board reviewed the resolutions to be voted upon at the
7:30 P.M. regular meeting.
2:33 P.M. - On motion by Justice Louisa Evans, seconded by Councilwoman
Alice Hussie, it was RESOLVED that the Town Board enter into Executive
Session to discuss Personnel History, Litigation, and Acquisition and Sale
of Town Property. Vote of the Town Board: Ayes: Councilman Murphy,
CouncilmanRomanelli, Justice Evans, Councilwoman Hussie, Councilman
Moore. Also present: Town Clerk Elizabeth Neville, Town Attorney Laury
Dowd.
Executive Session ended at 2:41 P.M.
2:42 P.M. The Board discussed the Cablevision Contract and the LILCO
pole attachment agreement, and the bid for sand for the landfill cover.
Resolution no. 16 was placed on the agenda.
3:00 P.M. - The work session was adjourned.
159
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on March 3,
1998, at the Southold Town Hall, Main Road, Southold, New York.
Deputy Supervisor William Moore opened the meeting with the Pledge of Allegiance
to the Flag. '
Present: Councilman William D. Moore
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Laury L. Dowd
Absent: Supervisor Jean W. Cochran
COUNCILMAN MOORE: .Do you have a motion to approve the audit of the
bills of March 3, 1998?
Moved by Councilman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the following bills be and hereby are declared paid:
General Fund Whole Town bills in the amount of $54,806.15; General Fund
Part Town bills in the amount of $9,058.80; Highway Fund Whole Fund bills
in the amount of $12,706.35; Highway Fund Part Town bills in the amount
of $1,405.88; Capital Projects Account bills in the amount of $743.00;
Landfill Cap 8 Closure bills in the amount of $5,012.50; Employee Health
Benefit Plan bills in the amount of $21,374.40; Fishers Island Ferry
District bills in the amount of $25,991 .91; refuse & Garbage District bills
in the amount of. $92,929.94; Southold Wastewater District bills in the
amount of $3,260.93; Fishers Island Sewer District bills in the amount of
$543.34; Southold Agency 8 Trust bills in the amount of $8,301 .68;. Fishers
Island Ferry District Agency 8 Trust bills in the amount of $212.97.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: A motion to approve the minutes of February 19,
1998, Town Board meeting.
Moved by Councilman Romanelli, seconded by Justice Evans,' it was
RESOLVED that the minutes of February 19, 1998, Town Board meeting be
and hereby are approved.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: A resolution setting the next Town Board meeting
for March 17, 1998, at 4:30 P.M.?
Moved by Councilman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 4:30 P.M., Tuesday, March 17, 1998, at the Southold Town Hall,
Southold, New York.
Vote of the Town . Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
I. REPORTS.
COUNCILMAN MOORE: Reports are listed. We have no public notices.
1 . Southold Planning Board Monthly Report for January, 1998.
16 ® {,MARCH 3;-1998
II. PUBLIC NOTICES. None.
Ill. COMMUNICATIONS
1 . Assemblyman Fred Theile, Jr., thanking Supervisor Cochran and
the Board for support of the Peconic Region Community Preservation Fund
revised legislation.
2. North Fork Parish Outreach thanking the Town Hall employees for
the food donations at Christmas time.
IV. PUBLIC HEARINGS.
1 . 5:00 P.M., on the proposed, "Local Law in Relation to Building
Permits".
V. RESOLUTIONS.
COUNCILMAN MOORE: ' The Town Board had a very busy day. Although
the resolutions are short in number tonight, we had a full day, working
from nine to four with a one hour lunch break. Quite a busy day. This is
the time of the meeting where we open the floor to anyone who wishes to
speak as to any of the resolutions that we are working on tonight. Anyone
wish to address the Board?
JOE GOLD: Joe Cold, Cutchogue. Can someone explain to me what
Resolution #2 means?
COUNCILMAN MURPHY: The resolution is for the New York State
Retirement System. What it does is allow me to be a member of the
Retirement System on what they call a ten day basis every two weeks. It
follows along with some of the other Councilpeople, and previous
Councilpeople, who are on the same time. I am filling out a work sheet
showing the time spent at the position certified. The Comptroller allows me
to do this. What it does is allow me to become a full member of the pension
system.
COUNCILMAN MOORE: Any other questions? (No response.) We will move
to the resolutions.
1 .-Moved by Councilman. Romanelli, seconded, by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold - hereby grants
permission to Building Inspectors Cary Fish and John Boufis to attend the
Finger Lakes Building Officials Association Conference at Rochester, New .
York, on March 23, 1998 through March 26, 1998, and the necessary
expenses for lodging, meals, registration, seminars and transportation shall
be a legal charge to the Building Department 1998 budget.
1 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
2.- Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold has established a
standard workday for elected and appointed officials to meet the accounting
requirements of the New York State Employees' Retirement System for
calculation of retirement benefits; and
WHEREAS, the Town Board of the Town of Southold has established
standard days to be reported on a biweekly basis for, elected and appointed
officials to the New York State Employees' Retirement System based on s
sample records of activities prepared by elected and appointed officials; and
WHEREAS, a sample record of activities prepared by Councilman Brian
Murphy exceeds the standard days to be reported as established for
Councilmen; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby
establishes 10 days as the number of days worked to be reported for.
Councilman Brian Murphy for each biweekly pay period, effective January
1, 1998.
2.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
MARCH 3, 1993 161
3.-Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold has determined that
it is reasonable and appropriate to enter to an agreement for the investment
of funds collateralized by United States Treasury Obligations; and
WHEREAS, the Suffolk County National Bank has. offered such cash
management services by acting as agent for the district under its "Municipal
Advantage Program"; and
WHEREAS, this Board has reviewed the Agency Agreement, Notice and
Designation of Agent, Master Repurchase Agreement and Custodial
Undertaking; it is hereby
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to excecute an
agreement authorizing the Suffolk County National Bank, as agent for this
district, to execute repurchase agreements collateralized by the United
States Treasury Obligations held by a third party custodian, all in
accordance with the agreement.
3.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
4.-Moved by Councilman Murphy, seconded by Justice Evans, .it was .
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Personnel Assistant Barbara Rudder to attend a Suffolk
County Civil Service Information Meeting on March 11, 1998 at
Hauppauge, New York, and the necessary expenses for a meal, and
transportation using a town vehicle be a legal charge to the Accounting &
Finance Department's 1998 Contractual Expenses budget.
4.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED;
5.-Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Rehn 8 Fore, Certified Public Accountants, to appear at a
meeting between the Town officials and the Village officials to discuss the
audit of the Southold Wastewater Disposal District 1998 Budget.
5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
6.-Moved by Councilman Murphy, seconded by Justice Evans,
WHEREAS, pursuant to the Clean Water/Clean Air Bond Act of 1996,
being Chapter 413 of the Laws of the State of New York of 1996, the New
York State Environmental Facilities Corporation (the "Corporation") is
authorized to provide state assistance to villages, towns, and cities with a
population of less then one million, for small business environmental
compliance assistance projects which enhance the quality of the air of the
State through compliance with environmental laws and regulations, or to
remedy or prevent environmental deficiencies (the "FAB Air: Program");
and
WHEREAS, the Corporation has established the FAB Motor Vehicle
Inspection and Maintenance ("18M") Program pursuant to the FAB Air
Program to assist in the purchase of enhanced automobile emissions testing
equipment; and
WHEREAS, the Town Board of the Town of Southold (hereinafter
the "Municipality"), after due consideration, has determined that
participation in the FAB 18M Program is desirable and in the public
interest;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
THE MUNICIPALITY AS FOLLOWS:
1 . The filing of an application, or applications, with the Corporation
for financial assistance under the. FAB I&M Program in the form required
by the Corporation is hereby authorized, including all understandings and
assurances contained in said application.
2. The individual holding the following office is directed and
authorized as the official representative of the Municipality to identify
entities which will participate in the FAB IEM Program, to execute and
deliver said application(s), to execute and deliver any other documents
necessary for participation in the FAB IZM Program, to provide such
additional information ..as may be required, and to take all actions on behalf
162 MARCH 3, 1998
of the Municipality as may be required in order to effectuate the intent and
purpose of this resolution:
OPTIONAL: {3. The corporation is hereby authorized, on behalf of the
Municipality to deliver payments made pursuant to the FAB I&M
Program directly to the entities identified above, or such
further entities as may from time to time be named by the
individual identified in paragraph 2 above.}
{413. A certified copy of this resolution shall be prepared and
delivered to the Corporation as part of said application.
{5)4. This resolutions shall take effect immediately.
COUNCILMAN MURPHY: This is a grant program for those who purchase
the inspection machines. Our local businessmen, it is costing them roughly
$60,000 to purchase the new inspection machines, and this is a grant
program, in which they can file for some help in purchasing these machines
through the State of New York.
COUNCILWOMAN HUSSIE: It says, the program will be available to
inspection owners who have purchased, and installed qualified certified
equipment, since the passing of the Bond Act on November 5, 1996, and
will be available subject to the availability of funds through October 1,
1998.
COUNCILMAN MOORE: By doing this resolution we authorize these people
to participate in that program, if they get approval from the State for the
grant. Now, we all three explained it, hopefully.
TOWN ATTORNEY DOWD: Let me just make it clear. You are not
authorizing any special person. This is setting up the program, and they
apply through the town.
6.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
7.- Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Andrew D. Stype, Certified Real Estate Appraiser, at a
total fee of $1,000.00, to conduct an appraisal on behalf of the Land
Preservation Committee on the following property:
Henry Rutkoski
Main Road
Mattituck, New York
SCTM #1000-115-2-10 & 108-2-3
Acreage: Approximately 26 acres
7.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
8.- Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby requests
the New York State Department of Transportation to conduct a traffic
survey between the intersections of NYS Route 25 and Factory Avenue
and NYS .Route 25 and Bay. Avenue, Mattituck, New York, to determine
the most effective method of controlling the traffic flow in that area.
8.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
9.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Cabrielli Ford Truck Sales & Service, Inc. in the amount of
$48,950.00, for one (1) 1998 dump truck for the Highway Department.
9.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
V,�
MARCH 3, 1998 163
10.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Syosset Truck Sales, Inc. in the amount of $71,800.00, for one
(1) New 1998 Garbage Compactor for the Department of Public Works.
10.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly. ADOPTED.
11 .-Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
Resolution No. 17 of the February 19, 1998 Town Board meeting to include
lodging, as follows:
"RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Recreation Supervisor Kenneth Reeves to attend the 58th
Annual New York State Recreation E Park Society Conference, at the
Huntington Hilton in Melville, New York, from April 26 through April 29,
1998 and the necessary expenses for lodging, meals, registration, seminars,
and transportation using a town vehicle be a legal charge to the Recreation
Administration 1998 budget".
11 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
12.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Ian Bower, a college student from Suffolk County Community College, to
work as a volunteer without pay, as an intern in the Southold Town Justice
Court, effective date February 20, •1998.
12.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
13.-Moved by Justice Evans, seconded by Councilwoman Hussie,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 3rd day of March, 1998, A LOCAL LAW, entitled "A
Local Law in Relation to Garbage, Rubbish E Refuse"; now therefore be it .
RESOLVED that the Town Board of the Town of Southold hereby sets 5:00
P.M., Tuesday, March 17, 1998, Southold Town Hall, 53095 Main Road,
Southold, New York, as the time and place for a public hearing upon this
Local Law, which reads as follows:
A Local Law in Relation to Illegal Dumping on Fishers Island
BE IT ENACTED, by the Town Board of the Town of Southold as
following:
I.Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town
of Southold is hereby amended as follows:
1 . Section 48.3 (town refuse disposal area) is amended as follows:
A. No person shall deposit or cause to be deposited in or on any
refuse disposal area maintained by a waste district in the Town
of Southold, any substance of any kind except in the areas
designated by and under the direction of the attendant in
charge, whether such direction is given personally or by another
person by his authority or by a sign or signs erected in the
refuse disposal area by the authority of the Town Board or
attendant.
II . This Local Law shall take effect .upon filing with the Secretary of
State. , -
* Underline represents additions.
JUSTICE EVANS: What the law does is changes the language from the
Southold Solid Waste District to just any waste district within the town, so
that something like the Fishers Island Garbage District, or the Scavenger
Waste District is included in .the legal dumping laws.
COUNCILWOMAN HUSSIE: By way of explanation this is not that anybody
can start a disposal area. It is a disposal area maintained by the Town.
13.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, .Justice Evans, Councilwoman Hussie:.
This resolution was duly ADOPTED.
164 MARCH 3, 1998
14.-Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby creates a
Southold town Police Advisory Committee to provide recommendations to the
Town Board on suggested ways in which the Town Board, in its role as
Police Commissioners, can most effectively and efficiently review the
operation of the Town Police Department. The role of the committee is to
work in cooperation and in conjunction with the Southold, Town Police Chief
to identity areas in which changes and/or improvements can be made to
assure that the Town police force is as effective in delivering its services
and performing its role for Town residents -as is possible; and be it
FURTHER RESOLVED that the Southold Town Police Advisory Committee
shall consist of six (6) members: Chief of Police, one (1) Town Board
member, and four (4) members of the public, who will serve without
compensation.
14.7Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
15.-Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Jack DiPaola, William Provencher, John Berryman, and Wayne Sailor
as Members of the Southold Town Police Advisory Committee.
15.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
16.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for bids for the
purchase of 50,000 cubic yards' (more or less, as needed) of unscreened
sand to be used for Landfill Capping purposes.
16.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: . At this point is there anyone from the audience,
that would like to address the Board on any topic? We have a public
hearing at 8:00 o'clock, so we can take that opportunity now.
JOE COLD: Joe Cold, Cutchogue. Since we have plenty of time I am going
to bring up something that I have been . thinking about for awhile.
Unfortunately, the preamble reminds me of somebody who usually speaks
here. I think tonight is a very good night to bring up this subject, that
am going to bring up, and the subject is, why doesn't anybody come to
Town Board meetings? Tonight if it wasn't for the presence of your loyal
opposition the Board meeting would be conducted for one reporter, and one
TV cameraman, and it seems to me that the attendance of Board meetings
has been declining steadily over the past years. When there is some hot
issue, if somebody is going .to build a plant on the corner of some street, a
whole bunch of people show up, but the Town's business is conducted
every two weeks, and there is nobody here. I think that is a very bad
sign from both sides of your bench. I don't know if you are telling people
anything, but I don't think it is enough to bring them here. The purpose
of the Town Board meeting, as I see it, there are two purposes. One is
there is a legal purpose that has to be complied with. You have to have
resolutions to authorize various functions in the town. You have to' have
hearings to authorize various other more significant operations of the town.
But, the real function of the Board meeting is to let the people in the town
what is going on. Let the people in the town know what the Town Board is
doing. Let the people in the town know how the. town is being governed.
Unfortunately because of the structure of the Board meeting, that really
doesn't happen, because the Board meeting is focused on resolutions, and
after a preamble, a performed preamble you go through all the resolutions,
some of which are :more significant that others, and quite frankly some of
which have no significance at all, because when you are authorizing the
expenditures of an individual to attend a meeting in Riverhead, this is
something that can be _done departmental. It does not have to be done by
the Town Board. Some of these resolutions as•e not really necessary, and
they tend to clog the agenda.
COUNCILMAN ROMANELLI: What would you like on the agenda?
MARCH 3, 1998 165
JOE COLD: I will get to that. There are many significant things going on
in this town. We know there is more to being a Town Board member than
saying, yes, when your name is called, because if you look at all these
resolutions here they are not too many of them that are really going to
impact the lives of the people in this town. The Police Advisory Committee
may, if it comes up with something if it is going to be a real money saver,
but there are big issues going on in this town right now that we don't hear
anything about. There is a planning initiative that was spoken about at
great length during the last campaign. Is it alive and well? Is there any
progress? What is going on? There is a recreation center plan. Oh, once
in awhile we hear a response to a question, but what is going on? Where
are we in that? There is a feasibility study of setting up a power district
in the town. What is going on? Where is the town standing right now on the
Real Estate Transfer Tax? Now, granted, some of these things are in
progress, but I think, certainly I would, and many other people in town
would like to know where are they in progress? Are they half way up the
hill? Are they two-thirds of the way up the hill, or they haven't found the
hill yet? . I really think that if the Town Board meeting is to serve it's
function, I mean informing the people of the town what is going on in the
town, there's got to be more than resolutions here. There's got to be
something more than what you did since the last Town Board meeting.
There's got to be a report on the planning issue. Where does it stand?
Does it stand? Unfortunately there may be other things going on that
don't have on my list, but the reason I don't know about them is because
nobody tells me about them. So again, not to denigrate the legal
requirements of the Town Board meeting, but structure the meeting around
the resolutions, and only around the resolutions doesn't really the serve,
what in my opinion is the main function of the Board meeting, to tell the
people in town what is going on.
COUNCILMAN MOORE: You are making a point, that we don't televise the
Work Session where we sit down and have Land Trust people come in, and
our planning staff comes in, and some of the things are worked out, so a
lot more hashing out, the nuts and the bolts, and some of that gets boring,
but like I said earlier, we went nine to four today with a whole list of
things that we worked on, and maybe the thing to do would be to report
more fully here in this more formal setting, what we are doing in the
morning. That is a good point, because obviously by the time we get here
tonight we know we have had a full day, and like you say during .the week
committees and things like that.
JUSTICE EVANS: We had the some questions as you do in the work
session. For example you asked about the electric study. That was one of
our questions today, where is it? The same thing with the planning. The
Planning Board people came in, and that is where that happens.
COUNCILMAN MOORE: You have a good point, getting that information
from the work session.
JOE COLD: I am aware of what goes on in the work session. I know that
is where the work of the Town Board is really done, but the trouble is
many of the people in the town work all day. They can't come to the work
session. Many people in town can't come to the Board meeting, but they will
see it on television, and obviously some of the people in the town can't
come to the Board meeting, so that what is done in the work session is
very important, and I understand that. That is where the work of the
Board is done, but it has to be reported to the people, and I really think
that is something that might get people into the room here, if there was
something going on worth getting in your car, and driving out at night
after supper to listen to. That is my recommendation.
COUNCILMAN MOORE: Thank you for your comments. Anybody else in
the public care to speak on any topic of interest. (No response.) If not,
we have a public hearing at eight o'clock. We can do Board reports. Do you
want to report on anything they have done?
COUNCILWOMAN HUSSIE: I am on the Scenic Byways Advisory Committee,
and one of the things they are attempting to do is to identify the various
points of interest, the beautiful vistas, the interesting homes, the
historic places, etc., up and down Route 25, and County Route 48. We
have a number of subcommittees, and there are about fifty people involved
16 6 -VIARCH 3, 1998
in this, in the identification process, but the thought occurred that we
would really like more people, and we would like to know more of what
things people think are rather special along those routes. So, the committee
is announcing a photo contest, just an ordinary snapshot. The subjects are
the most beautiful place, or the most awful place. I have a candidate for
the most awful place, and that is the causeway at Orient between Orient
and East Marion. If you happen to drive upward, instead of sideways, and
you see a mass of poles and wires, which is just a shock. If I were a
cameraman I would take a picture of that. But, nevertheless we are having
this contest. There is a $250 prize for the picture, or the place rather,
that is judged, got the most votes for being the prettiest place, the most
beautiful place, and also a $250 prize for the worse looking horrible place,
and the judging is not going to be done by me, or anybody else on the
Board, on in the committee, but it is going to be judged by the people who
come to see these pictures, which will be on display at a forum that we are
having on April 30th at the high school. The photos should be into Town
Hall to the attention of the Scenic Byways Committee by March 31 st. You
can send as many as you want. The size should be 3 1/2 by 4 1/2 is about
the smallest, and the people who are going to judging, who are the
attendees of this forum, will be given little stickers, red and green, or
red and blue, two different colors, one standing for the best one, one
standing for the worse,. and they are supposed to go around, and vote by
putting a little sticker on each one of these pictures that they think is
the best, or the worse. I think it is a good idea. I know you can hardly
keep yourself from laughing.
JUSTICE EVANS: Your method of judging you better leave a lot of wall
space if a lot of people attend, or you won't have the pictures anymore.
COUNCILWOMAN HUSSIE: That's fine. We are looking for the most we
possibly can have, and this is an interesting thing, because people don't
have to come to a thousand committee meetings. They just have to send a
picture. I went to the Association of Towns meeting, as we all did. There
was a question about the electricity, and where we are on our feasibility
study, but the Association of Towns had a seminar on the municipalization
of electricity, and I have to tell you that it is quite the thing. It is
being done all over. Everybody is interested in this. Not everybody has
quite the difficulty that we do here in Southold, or those people who are
LILCO customers, but it is a very, very popular thing. I mean, the room
was so packed that they had to put speakers out in the hall. That is how
interested people were. Our particular feasibility study should have been
here two weeks ago, but the consultants were asked to do one more thing,
and so one more thing means two more weeks of waiting. That is where we
are. I expect by next Board meeting, I am quite anxious to see it. I found
out that when we first did this, it was Farmingdale and Lynbrook being
the two other Long Island communities being involved in this. Right now,
adding to that list is the Village of Hempstead. I don't think I have
anything else.
COUNCILMAN MOORE: I have to give my thanks to. Alice. She chaired a
Code Committee meeting last week. I was home sick, and I appreciate your
stepping up the last minute, and doing that for me. The Code Committee is
juggling a couple of things right now on alternating weeks., one of which is
going through the uses allowed in the business zones, and it was scheduled
for a public hearing last fall, and what we are finding as we sit down, and
kind of rehash this issue with new Board members, and even those of us
who are here, is that we don't always agree on what the definitions are of
the uses we are talking about, and so you sit there and think you are
talking the same language when you talk about a gas station, or a nursery,
or a garden center, or something, and you find that we are not talking the
same language at all. So, while we sit there, and debate whether this use
should be in this zone, or not in that zone, we have to make sure that we
are in fact working from a common language. What we find is that in our
Zoning Code we find many, many listed uses, but not all the uses are
defined, and so it goes from your own personal prospective of what a given
use .is. So, as we go through that process we are adding definitions to the
Code, or proposing to add definitions, so that anyone reading it, hopefully,
will operate from the same wave length on the same page, .when we use a
JJA CH 3, 1998 167
given term. We are also working on, like Thursday, the Code Committee
meets to discuss greenhouses.- Hopeful, we will put together some final
recommendations to the Town Board with regard to. putting some restraints
and conditions on the types of greenhouses, and where they can be
located, and how they are going to be operated. Any other reports from
down the way?
COUNCILMAN MURPHY: Land Preservation Committee is seeking one other
new submission in the Mattituck area, and we have gone for an appraisal on
that, and at the same time we are starting to work with the Planning
Department, and the Peconic .Land Trust as far as putting together a map
as to *target areas, where we want to target our preservation dollars.
Mattituck, I think, over the next few months will be able to come together
with the committee, the Planning Department, and the Peconic Land Trust
to come down to a coherent plan as to really where we want to look at as
far as preserving land.
COUNCILMAN MOORE: By my watch it is 8:00 o'clock. I will take a motion
to adjourn for the purpose of holding a public hearing.
moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that a recess be called at this time, 8:00 P. M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
Meeting reconvened at 8:04 P.M.
COUNCILMAN MOORE: We can do resolution #17, Local Law 2 of 1998, if
you are so inclined?
17.-Moved by Justice Evans, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 19th day of February, 1998, a Local Law entitled "Local
Law in Relation to Building Permits", and
WHEREAS, a public hearing was held on this Local law on the 3rd day
of March, 1998, at which time all interested persons were given an
opportunity to be heard thereon; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 2 - 1998,
which reads as follows:
LOCAL LAW NO. 2 - 1998
A Local Law in Relation to Building Permits
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 45 (Fire Prevention and Building Code, Uniform) of the
Code of the Town of Southold is hereby amended as follows:
1. Section 45.8 (Building permit required; application for permit) is
amended as follows:
§ 45-8. Building permit required; application for permit.
C. Applications. Every application for a building permit shall contain
the following information and be accompanied by the required fee and-adFawiRg. if Re sWGh plot plan is available, FeqUiFed, pFepaFed
In addition, plans and
specifications shall be filed with the building permit application to enable
the Building Inspector to examine such plans to ascertain if the proposed
building will comply with applicable building construction, housing and fire
codes.
(1) The actual shape, dimensions, radii, angles and area of the lot on
which the building is proposed to be erected, or of the lot on which it is
.situated if an existing building, except in the case of the alterations of a
building which do not affect the .exterior thereof.
/1, 6 Q V MARCH 3, 1998
(2) The section, block and lot numbers, if any, as they appear on the
latest tax records.
(3) The exact size and locations on the lot of the proposed building or
buildings or structural alteration of an existing building and of other
existing buildings on the same lot.
(4) The dimensions of all yards in relation to the subject building and
the distances between such building and any other existing buildings.on
the same lot and adjacent lots.
(5) The existing and intended use of all buildings, existing or
proposed, the use of land and the number of dwelling units-the building is
designed to accommodate and the necessary computations to establish
conformity to the bulk and density regulations.
(6) Such topographic or other information with regard to the building,
the lot or neighboring lots as may be necessary to determine that the
proposed construction will conform to the provisions of this chapter.
(7) An application for a building permit for construction on a vacant lot
which is not on an approved subdivision map shall be accompanied by a
certified abstract of title issued by a title company which shall show single_
and separate ownership of the entire lot prior to April 9, 1957.
(S) A plot plan drawn to scale and signed by the person responsible
for each drawing At the discretion of the Building Inspector, a survey may
be required prepared by a licensed engineer or land surveyor.
(9) Each application for a building permit for a new dwelling unit shall
be accompanied by plans and specifications bearing the signature and
original seal of a licensed professional engineer or architect._
11.: This Local Law shall take effect upon filing with the Secretary
of State.
* Underli.ne'represents additions
Strikethrough represents deletions.
17.-Vote of. the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice'Evans, Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: That is the end of our finished business. I would
entertain a motion to adjourn.
Moved by Councilwoman Hussie, seconded by Councilman Romanelll, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
8:05 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli," Councilman Moore, Justice Evans, Councilwoman Hussie.
This resolution was duly..ADOPTED.
Elizabeth A. Neville
Southold Town Clerk