HomeMy WebLinkAboutTB-04/14/1998 230
SOUTHOLD TOWN BOARD
APRIL 14, 1998
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie,
Councilman William D. Moore, Justice Louisa P. Evans, Councilman John M.
Romanelli,Councilman Brian G. Murphy, Town Clerk Elizabeth A. Neville,
Town Attorney Laury L. Dowd.
9:15 A.M. - Work Session was 15 minutes late starting due to a court .
arraignment. 9:00 A.M. appointment not yet present. Peconic County Now
group '(9:30 A.M. Appointment) appeared before the Board to attempt to
enlist them to join in the law suit against the State of New York. They
presented Supervisor Cochran with a draft resolution. The Board advised.
them that it would :be put on the agenda and they will see what happens.;,(See_
Resolutions No. 27A E 27B.)
9:30 A.M. - Gary Vegliante of Power Alternatives appeared before the.
Board regarding the municipalization of gas and electricity. A resolution,
setting the date for a public hearing on gas on April 28, 1998 was placed on
the agenda~ (:See Resolution No. 22)
10:22 .A.M. Tim Caufield. of the Peconic Land Trust met with the Board
regarding the clarification of language in the agreement for planning-
services. The Planning Board is in support of this agreement. It, was also
stated that -the Trustees and Building Department should be added to this
planning loop. (See Resolution No. 23.)
The Board took a short break from 10:40 A.M. - 10:55 A.M.
The Board discussed IV. For Discussion Items. IV 1 . Appointment of
Edward Forrester as an Assistant Deputy Emergency Preparedness
Coordinator to Chief of Police Conway to represent him at the Yaphank
Emergency Operations Center. (Resolution No. 24 was placed on the
agenda.) IV 2. Grants for 1998 were discussed. $500.00 was granted. to
the North Fork Womens Resource, East. End Seaport Foundation, I;nc. :
$500.00 for .the maintenance of Bug Light; $500.00 for the America Sail. The
Southold Senior Citizens request for audio visual equipment was not funded.
IV 3. Creation of, a Full-Time Clerk, Spanish speaking at the Police.
Department. Resolution No. 26 was placed on the agenda. IV 4.
Cable vision - Contract - Councilwoman Hussie will sit down with the new.
Town Attorney Gregory Yakaboski to review it first, then bring 'it back to -
the Board. IV 5. Power Alternatives - The Board reviewed the Summary
Report. Severa[ additions will be made to the appendices at the end of the-
report. The gas municipality should move right along with the electric.
Resolution No. 22 was added to the agenda setting April 28, 1998 as date for-
the public hearing ;so that it will be concurrent with the electric. ;
Information will be obtained from the Suffolk County Board of Elections:
regarding. the cost of the referendum.
11 :25 A.M:,. - The . Board reviewed resolutions to be voted on at the 4-3.0'
P.M. meeting.
The work session was adjourned at 1 :30 P.M. w
231
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on April 14,
1998, 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
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory Yakaboski
SUPERVISOR COCHRAN: May I have a motion to approve the audit of -the
bills for April 14, 1998?
Moved by Councilman Moore, seconded by Councilman Murphy, it was
RESOLVED that the following bills be and hereby are ordered paid:
General' 'Fund Whole Town bills in the amount of $103,605.91; General Fund
Part Town bills in the amount of $22,736.35; Highway Fund Whole Town
bills in the amount of $8,154.92; Highway Fund Part. Town bills in the
amount of $8',378.74; Capital Projects Account bills in the amount of
$439.40; Ag Land Development Rights bills in the amount of $932.00; '
Landfill Cap E Closure bills in the amount :of $49,443.34; Seaview Trails
Capital Fund bills in the amount of $306.00; Employee Health Benefit Plan
bills in the amount of $41,233.86; Fishers Island Ferry District bills in
the amount of $3,906.05; Refuse S Garbage District bills in the amount of
$56,364.94; Southold Wastewater District bills in the amount of $5,682.31;
Fishers Island Sewer District bills in the amount of $180.40; Fishers Island
. Ferry District Agency E Trust bills in the amount of $102.68.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Justice Evans, Councilwoman Hussie, Supervisor_ 'Cochran. No:'
Councilman Moore.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Approval of the minutes of the .March 31, 1998
Town °Board Meeting.
Moved by Justice 'Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the March 31, .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,
Supervisor Cochran.
This resolution .was duly ADOPTED.
SUPERVISOR COCHRAN: Setting the date of the next Town Board meeting,
April 28, 1998, at 7:30 P.M.
Moved `by Supervisor Cochran, seconded by Councilwoman Hussie, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, April 28, 1998, at the Southold Town Half;
Southold, New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman 'Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
232 APRI L 14, 1998
I. REPORTS.
SUPERVISOR COCHRAN: As you know part of the Town Board meetings
every two weeks we receive reports from the different departments, and the
different committees, and there are twelve on here today, anything from the
Justice Department to the Recreation Department, Program for the Disabled,
and these reports are public information, and you are more than welcome to
come into Town Hall, if you have an area that you are interested in. We
would be very happy to share these reports with you. It gives you an
overview of what is happening with the work that is being done behind the
scenes in Town Hall.
1 . Southold Town Annual Budget Report for 1997.
2. H.H.S. Administrators Town Claim Lag Study Analysis for March,
1998.
3. H.H.S. Administrators PBA Claim Lag Study Analysis for March, 1998.
4. Southold Town Personnel Leave Time for March, 1998.
5. Southold Town Recreation Department for March, 1998.
6. Southold Town Program for the Disabled Events for April through
July, 1998.
7. Southold Town Clerk's Monthly Report for March, 1998.
8. Southold Town Justice Bruer Monthly Report for-March, 1998.
9. Southold Town Scavenger Waste Treatment Facility for March, 1998.
10. Southold Town Trustees Monthly Report for February, 1998.
11 . Southold Town Justice Price Monthly Report for March, 1998.
12. Southold Town Justice Evans Monthly Report for March, 1998.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: Our agenda usually carry public notices of which
there are three. One relates to Fishers Island. One is for a permit to
cultivate shellfish in Orient Harbor, and the third is the U.S. Corp a Mr.
Greenfield to replace bulkheading.
1 . Department of the Army, New York District, application of Cynthia
Warren Spurdle to install a fixed pier, a ramp, a float to provide mooring
in Fishers Island Sound, Long Island Sound, Fishers Island, New York.
Comments to be received by April 6, 1998.
2. U.S. Corp of Army Engineers, New York District, application of
Richard Cantwell for a permit to cultivate shellfish in Orient Harbor,
Southold, New York. Comments to be received by May 1, 1998.
3. U.S. Corp of Army Engineers, New York District, application of
James Greenfield to replace bulkheads, repair and extend fixed pier,
install pilings, ramps and floats, and and dredge with upland disposal in
Widows Hole, Shelter. Island Sound, Southold, New York. Comments to be
received by May 8, 1998.
III . COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we did have a nice thank you
from the American Red Cross thanking the Town Board for their support
during the celebration of their Red Cross Week.
1. American Red Cross thanking Supervisor Cochran for her support.
IV. PUBLIC HEARINGS.
1 . 5:00 P.M., on a proposed "Local Law in Relation to a Stop Sign on
Willow Pond Lane".
2. 5:15 P.M., on a proposed "Local Law in Relation to Parking at
Beaches".
V. RESOLUTIONS
SUPERVISOR COCHRAN: As you know we have resolutions, which we pass
on that are usually a result of the work that we have done during the day.
These are necessary so that it gives authorization to myself, or the Town
Clerk to finalize the business that is included throughout the resolutions.
We have a Town Board policy that prior to the adoption of the resolutions if
there is anyone in the audience that would like to"address the Town Board
in relation to any of the resolutions I would ask that you do so now. Later
APRIL. 14, 1998 233
at the end of the meeting we do have another section where we entertain
comments from the audience on any topic relating to Town Board business.
So, at this time, if there is anyone that would like to address the Town
Board in relation to resolutions I will entertain your comments now.
JOHN RAUSCH: John Rausch, Southold. I was pleased to attend the
Work Session this morning, which the Board of Directors of Peconic County
Now addressed your Board, and interacted with you. I think that
everybody who knows me in this room is aware where I stand on this issue,
and I would like to point out that I have the support of 710 of the voters
on the East End of Long Island as of two years ago at the referendum.
Furthermore, everyone that I have spoken with, well, almost everyone, with
whom I have spoken within. Southold Town from Laurel all the way out
through and including Fishers Island, and their Conservancy is in favor of
this initiative as being our shot at saving the environment. Several issues
were raised by you at that meeting, and if I may' I would like to either
address them, or open them for discussion. Number one, class suits which
is what was indicated the State of New York might retaliate with if we
pursue the suit against the Legislature are illegal. Someone asked about
getting this out of committee as it were. Unfortunately one of the defects
in the New York State Constitution is that there is no provision for getting
these sort of things out of committee. Finally the Board of Peconic County
Now would be pleased to extend an invitation to you,. Jean, or anyone else
that you would nominate from the Board, or elsewhere in Town, to join our
board. We would. like that very much, and I will personally offer to take
that person, or persons, to the next Peconic County Now Board of the
Directors meeting on Friday in the county seat - of Peconic County,
Riverhead.
SUPERVISOR COCHRAN: Thank you, John. Yes, Mr. Gold?
JOE COLD: Joe Cold, Cutchogue. I would also like to speak' in connection
with Resolution #27, and I would just like to point ,out at this time I am
identified as being a representative of a political party, which is nothing
I am ashamed of, but it is true. But, this is not a political issue. You
can't get 70% of the people in this town together, and identify them with
any political party, because there is no political party in town, that
represents even 500 of the people. Seventy plus percent of the people in
this town want Peconic County created. Any step that is required to
create Peconic County is obviously something I hope the Board will move
ahead, and do. There is something unfortunate in the image that is
projected of this town being the only town, that is not supporting this
litigation. I am gratified to see that this is on the agenda, that there is
a resolution, and 'we have a chance to remedy that. You have a chance to
join the other four towns on the east end in declaring our independence of
being free to rule in the legislature of New York. Thank you.
SUPERVISOR COCHRAN: Thank you. Yes, sir.
° TOM SAMUELS: Tom Samuels. I am also identified with a political party in
town, but I don't see this as a political issue in the town. It is
significant to me that Judy Hope, who is the Democratic State Chairman,
former Supervisor of the Town of Easthampton is unable to get the
Speaker of the Assembly to allow this issue to get to the floor. It is
really ironic, is it not, that Hal Ross, who created the political agenda of
Judy Hope, when she was Supervisor of Easthampton Town can't seem to
exert enough influence on Judy Hope to get Mr. Silver to put this on the
floor, and let the Assembly vote on it. It is a democratically controlled
Assembly. It should be a relatively simple matter. It is unfortunate that
the burden is then placed back on the towns to act in such a way that
possibly hackles are raised in Albany that Southold Town, and other East
End Towns are challenging Speaker Silver's authority. I would encourage
those who are in favor of Peconic County to get to Judy Hope, and to get
to Speaker Silver. That is where the problem is. There is very little I am
afraid that the east end towns can do until Speaker Silver makes that
point. We have a very minor part of the population in New York State, and
I think that is where the effort has to be placed, and the blame has to be
placed at Speaker Silver's desk. . Thank you.
234 APRIL 14, 1998
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SUPERVISOR COCHRAN: Thank you. Is there anyone else who would like
to address the Town Board on any of the printed resolutions? (No
response.) If not, we will commence with the passage of the resolutions.
I .-Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that the Town board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute agreements
with the. North Fork Housing Alliance for the administration and
implementation of the Family Self Sufficiency Program, the Public Service
Agency Support Program, the Home Improvement Program and the Robert L.
Perry Child Care Program.
I .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
2.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby requests
Suffolk County District Attorney James M. Catterson to designate
Southold Town Attorney Gregory F. Yakaboski as a . Special District
Attorney for the Town of Southold.
2.-Vote of the Town Board: Ayes: Councilman .. Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
3.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the American Diabetes Association to use the following Town
Roads for their sixth annual Tour de Cure cycling event on ' Sunday, June
28, 1998 from 7:00 A.M. to 3:00 P.M., provided they file with the Town
Clerk a One Million Dollar Certificate of Liability Insurance naming the
Town of Southold as an additional insured: Peconic Bay Boulevard, Bay
Avenue, Wickham Avenue, Grand Avenue, Mill Road, Oregon Road, Bridge
Lane, Mill Road, Soundview Avenue, Lighthouse Road, Village Lane, King
Street, Orchard Street and Tabor Road.
3.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman . Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
4.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of Howescale (Silver Plan), at a price of $425.00 per
quarterly inspection - $55.00 per hour,. plus $.75 per mile for emergency
service calls, for the maintenance and servicing of the landfill scales for
the calendar year 1998.
4.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Southold Town Bay Constable Donald Dzenkowski to attend
the Regional Emergency Marine Network Meeting at New Haven, Connecticut
on April 23, 1998, and the necessary expenses for travel, lodging, meals,
and registration shall be a legal charge to the Bay Constable 1998 budget.
5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie.;
Supervisor Cochran.
This resolution was duly ADOPTED.
6.- Moved by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby closes
Love Lane and Pike Street, east and west of Love Lane, on Saturday, July
11, 1998, from 8:00 A.M. to 4:30 P.M., for the 21st Annual .Mattituck
Street Fair, sponsored by the Mattituck C_iamber of Commerce, provided
they file with the Town Clerk a One Million Dollar Certificate of Liability
Insurance naming the Town of Southold as an additional insured.
- APP.I E... 14, 1.998 235
6.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, . Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
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
authorizes and directs Supervisor Jean W. Cochran to execute agreements
between the Town of Southold and David Zito and Jeremy Spoffard for
the Fishers Island "T-Ball" Spring Recreation Program, all in accordance
with the approval of the Town Attorney.
7.-Vote . of the'_ Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman, Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
8.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie,' it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an agreement
with the North Fork Housing Alliance for the administration and
implementation of the Competitive Grant Program for the acquisition and
demolition of property located on Flint Street, Greenport, N.Y.
8.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
9.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an agreement
with the New York State Office of Parks, Recreation, and Historic
Preservation for a grant for Fort Corchaug in the amount of $200,000.00,
all in accordance with the approval of the Town Attorney.
9.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Just as a word of explanation, it's not that we
are getting additional $200,000.00, which we would love to have, but at the
time. of the purchase of Fort Corchaug the Town did advance the
$200,000, that was due from the State. This is the contract that will enable
us to get our check, and get our money back.
10.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold authorizes James
Bunchuck, Solid Waste Coordinator, to attend a conference hosted by the
New York Federation of Solid Waste Associations on April 27 and April 28,
1998 in Saratoga Springs, New York, and the necessary expenses for
transportation, meals, and lodging to be a legal charge, against the 1988
Solid Waste Management District budget.
10.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
11 .-Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the. Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an Agreement
between the Suffolk County Office of the Aging and the Town of Southold,
from the Supplemental Nutrition Assistance Program (SNAP), for the period
of April 1, 1998 through March 31, 1999, at a total agreement cost not to
exceed $64,811 .00, all in accordance with the approval of the Town
Attorney.
11 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
-Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
236 APRIL 14, 1998 ti
12.-Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute a Lease
Agreement with the Mattituck Park District for the construction and
operation of volleyball courts on a section of the parking lot at Breakwater
Beach, Mattituck, all .in accordance with the approval of the Town Attorney.
12.-Vote of the. Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I would like to make comment on this, also. A lot
of my tenure in office has been partnerships, and it is a theme that
believe works. We have joined in partnerships for obtaining farmland, for
obtaining the Fort,- just 'in many different ways, -- and this is another
partnership with the Mattituck Park District. We will be leasing part of
their parking lot in Mattituck. We are providing four volleyball courts.
They have been moved the last several years from one location to another.
It is a family event, where Moms come with the kids, and Dad and some
Moms play volleyball, and last year they started a Junior League for
younger people, which was most successful. So, working along with Eddie
Adams and the Mattituck Park District we have been able to come to a place
where we will now have four volley ball courts, and hopefully they will be
there for a few years, and we are providing, again, another recreational
opportunity for people in the communities, so, yes, I am very happy to see
this all worked out, and I would like to say, thank you to the Mattituck
Park District.
13.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
WHEREAS, a special holiday, to be known as ARBOR DAY, was set
aside in 1872 to recognize the value of trees in the lives of Americans; and
WHEREAS, that early celebration of ARBOR DAY has grown so that is
now observed not only in all fifty of these United States, but also in many
other countries of the world; and
WHEREAS, the Town of Southold, for the three hundred fifty-eight
years of its existence, has shown itself to be aware of both the beauty and
the utility of trees; and
WHEREAS, . among the first acts of the founders of Southold Town were
the protection of existing trees and the planting of fruit bearing trees; and
WHEREAS, throughout the long history of Southold Town it has been
customary for public minded citizens to work together with its governing
body to ensure the planting of desirable species of trees, as well as their
property maintenance; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold, , in conjunction
with the Southold Town Tree Committee, hereby proclaim APRIL 24, 1998
to be celebrated as ARBOR DAY for the present and future enjoyment of
its citizens.
1:3.:-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore,, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
14.-Moved by Councilman Moore, seconded by the Entire Town Board,
WHEREAS, the Town of Southold remains as one ,of the most unspoiled
and ecologically diverse regions in New York State and is characterized by
its natural_ scenic beauty, with pristine beaches, dazzling estuarine bays,
deep and lofty forests of the moraine, productive farmlands and rural
charm; and
WHEREAS, for decades the Town of Southold has embraced the goals of
preserving and protecting these vital natural resources, by implementing
numerous comprehensive land use planning and open space acquisitions
programs; and
WHEREAS, over the last 15 years, the voters of the Town of Southold
have authorized the Town of Southold to expend upwards of thirteen ($13)
million dollars for the preservation of open spaces and farmlands; and
WHEREAS, current development trends are threatening the viability of
the Town's agricultural heritage and rural open space character; and
WHEREAS, the urgency of providing an immediate and reliable funding
source is paramount concern of the Town of Southold; and
. P,i'i',i L 14, 1398
237
WHEREAS, there are bills pending in the Senate ($.6751) and the
Assembly (A.9692) of the .New York State Legislature which will authorize
the establishment of a community preservation fund for certain towns in the
Peconic region for the preserving of open spaces; and
WHEREAS, the Town Board of the Town of Southold demonstrates a
commitment to open space preservation farmland preservation and desires
the authority to establish a community preservation fund; now, therefore,
be it
RESOLVED that - the -Town Board of the Town of Southold supports Senate
Bill S.6751 and Assembly Bill A.9692 and requests the New York. State
Legislature adopt such bills; and be it
FURTHER RESOLVED that the Town Clerk is hereby directs to transmit a
copy of ' this resolution to Senator Kenneth P. LaValle, Assemblywoman
Patricia Acampora, Assemblyman Fred Thiele, Jr., Assemblyman Steven
Englebright, and Assemblyman Thomas P. DiNapoli.
SUPERVISOR COCHRAN: This is a Home Rule Message, which we have
been requested to send to Albany in relation to the A. Sales Tax.
COUNCILWOMAN HUSSIE: Since this is a resolution that will ultimately be
the voters' choice, because this does have to go to a referendum, and you
will ultimately have to make the decision, I do want to let you know I voted
on this the last time, I voted, no, but I realize that it is your decision.
I find a couple of things wrong with this. One. of them is the fact that
farmland is exempt, and the way we have thing sitting right now a farmer
could sell his. property, it could be well over. the maximum amount that is
taxable. He could then subdivide, sell those lots for less than the amount
that is taxable, and we would get nothing from,that. There is a loophole.
There is a couple of other loopholes in this, however, you are going to
have to read it, too.
14.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly adopted.
15.-Moved by Justice Evans, seconded by Councilwoman Hussie;
WHEREAS, the Board of Commissioners of the Fishers Island Ferry
District wishes to engage the services of additional part-time personnel to
replace persons lost by attrition; and
WHEREAS, the following persons have made application for part-time
positions as follows:
Deborah E. Dixon - Reservation Clerk
Raymond F. Stratz - Deckhand
Steve D. Smith - Purser
THEREFORE BE IT RESOLVED that the following persons be employed in
part-time capacities as indicated at the wage rates shown below:
Deborah E. Dixon $ 8.00 per hour
Raymond F. Stratz 6.50 per hour
Steve D. Smith 11 .25 per hour
15.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly- ADOPTED.
SUPERVISOR COCHRAN: May I have a motion to adjourn for a hearing that
is scheduled for 5:00 o'clock?
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that a recess be called at this time, 5:00 P. M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,'
Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 5:08 P.M.
238 APRI L 14, 1998
SUPERVISOR COCHRAN: As you know the Scenic Byways Committee is
running a contest in relation to what is seen in the eyes of the beholder,
the most beautiful vista in Southold, and the lousiest vista in Southold,
and they have been encouraging people to enter the contest. Of the two
categories the prize will be $250. We have been getting some, and some are
real interesting as people see things, but we would like to encourage more
of our watching audience to go out with your camera, and take a few
snaps, and send them here to Town Hall, and we will see that the committee
gets them, but we would like to encourage everybody to take a picture of
at least their favorite vista in the Town of Southold.
w
COUNCILWOMAN HUSSIE: They have to be in by the 25th.
SUPERVISOR COCHRAN: By the 25th we have to have them in Town
Hall. I have got a couple that I like. I may have to get out there and take
a picture. We will go back to Resolution #16.
16.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold authorizes
Supervisor Jean W. Cochran, Councilman William D. Moore, and
Councilwoman Alice D. Hussie to attend a conference hosted by the Long
Island Section of the American Planning Association titled "A Conference on
Downtown Planning and Implementation" held Wednesday, April 29, 1998 at
the Village of Amityville Court House, Amityville, New York, and the
necessary expenses for registration and transportation to be a legal charge
against the 1998 Town Board budget.
16.-Vote of the Town Board: Ayes: Councilman .Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution'was duly ADOPTED.
17.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold, pursuant to the
provisions of Chapter 59, Open Space Preservation, of the Code of the
Town of Southold, hereby sets 8:05 P.M., Tuesday, April 28, 1998,
Southold Town Hall, 53095 Main Road, Southold, New York, for a public
hearing on the question of the acceptance of the offer of Margaret Ciacia,
Conservatee, by John Faulkner, Conservator, of the following property
for acquisition by the Town of Southold:
SCTM #1000-45-1-10, northwest corner of Main Road and
Chapel Lane, Arshamomaque, Southold, New York, 8 acres,
at a cost of $68,000.
17.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I would just like to say that this is a $68,000
grant from a private foundation from down south.
18.-Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Northeast Surfacing, Inc., in the amount of $.676 per square
yard, for the application of Polymer Modified Emulsified Asphalt Pavement
Course (Type II Micro-Surfacing) and $40.00 per ton, Truing & Leveling
(Type 5 - Shim), all in accordance with the bid specifications.
18.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
19.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Lucas Ford Lincoln Mercury Inc., in the amount of $23,328.00
per .truck, for supplying the Southold Town Highway Department with two
(2) 1999 Ford F250 .Heavy Duty Cab Pick-ups with Snow Plows, all in
accordance with the bid specifications.
19.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
APRIL. 14, 1998 239
20.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 Whole Town 1998 budget as follows:
To:
DA5130.2 Machinery
Equipment $1500.00
From
DA5142.2 Snow Removal
Equipment 1500.00
O.-Vote of the Town Board:' Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Number 21 is a- resolution on property of Oscar
Bloom, but we need a little more time, so we will hold it for two weeks.
22.-Moved by Councilwoman Hussie, seconded by Councilman Moore,
WHEREAS, there has been .presented to the Town Board of the Town of
Southold, on the 14th day of 'April, 1998, A Local Law, entitled "A Local
Law in Relation to Creating a Municipal Gas Utility. in the Town of
Southold"; now therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:10
P.M, Tuesday, April 28, 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 the Creation of a
Municipal Gas Utility in the Town of Southold
BE IT ENACTED, by the Town Board of the. Town of Southold as follows:
section 1: Title, Purpose and Definitions._
1:ilA) . Enactment.
Pursuant to Section 10' of the- Home Rule Law, and Section 360
of the General Municipal Law, the Town of Southold, County of
Suffolk and State of New York, hereby enacts this local. law to
create 'the Town of Southold Municipal Gas Utility.
i.i(B) . Effective Date.
The local law shall take effect on the filing of the approved
Local Law with the Secretary of State of New York, which shall be
within twenty (20) days after its approval by a simple majority of
the voters by mandatory referendum at an election or special
election to be held to approve this local law, pursuant to Section
360 of the General Municipal Law.
1929 Intent.
WHEREAS the Town of Southold is a Town duly incorporated
under the laws of the State of New York, and;
WHEREAS the Town Board of the Town of Southold is duly
empowered pursuant to. Section 360. of the General Municipal Law of
the State of New York to form a Municipal Gas Utility for the
Town, and;
240 APRIL 14, 1998
WHEREAS it is essential for the well-being, livelihood and
safety, of the residents and businesses of the Town, and of the
other consumers of gas power -in the Town, including the Town
itself, and of their families and guests, for the economic climate
of the Town, and- for the protection of private and public- property
within the Town and the value of that property, that the supply
and distribution of gas to the residents, businesses -and other
consumers of gas power in the Town, and the Town itself, be
provided in a reliable manner, and at a fair and reasonable cost,
and;
WHEREAS the Town Board has determined that the most reliable,
fair, and economical way for gas and gas supply to be provided to
the Town of Southold; its residents, businesses and institutions,
is by the creation of the Town of Southold Municipal Gas Utility,
the Town Board of the Town of Southold hereby enacts this local
law for the intent and purpose of establishing a Municipal Gas
Utility pursuant to Section 360 of the General Municipal Law, and
all of the powers and duties thereunder.
Section 2. ; EqUF =t_...and Facilities, Maintenance
and Service, and Supply
The Town of Southold Municipal Gas Utility shall acquire the
necessary facilities, and either establish necessary functions for
or procure contracts for the maintenance, service and billing of
the gas energy system, and a supply of gas such as are necessary
for the creation of the 'Southold Municipal Gas Utility.
The proposed method of constructing, leasing, purchasing, or
acquiring, the facilities necessary for the operation of the
Southold Municipal Gas Utility, if any, together with both the
maximum and the estimated costs thereof, the method of furnishing
such service, and the method of obtaining gas supply shall be as
follows:
2.1.EoUipENjA and Facilities.
A. The Town of Southold Municipal Gas Utility will obtain
access to or acquire the portion of the gas distribution system
within the Town, if any, that it is necessary for the Town to
APRIL 14, 1998 241
operate the .Municipal Gas Utility, by purchase, lease, or
condemnation from that which is currently owned by the Long Island
Lighting Corporation ("Lilco") , or by obtaining other facilities
as necessary. The municipal gas utility will only acquire.,
construct or obtain that equipment and facilities, if any, which
are necessary to provide gas supply, and segregate and operate the
municipal gas utility and as may be needed to separate itself from
the Lilco system or to meter the gas supplied to or used by the
Town of Southold Municipal Gas Utility.
B. The maximum and estimated cost of the items set forth in
subparagraph (A) hereof, is expected to be not more than twenty-
five thousand dollars ($25,000) .
C. The cost of the necessary .facilities, if any, and
distribution and any other costs that are necessary for the
implementation of the Town of Southold Municipal Gas Utility and
the entire costs of the implementation and operation of the Town
of Southold Municipal Gas Utility will be paid in the first
instance from the revenues generated by the Town of Southold
Municipal Gas. Utility only.
D. None of the costs of the implementation or operation of
the Town of Southold Municipal Gas Utility shall be included in or
have any affect on the Town general budget or the assessment of
Town property taxes.
2.2. Service and Maintenance of EquIpMent,
Facilities, and Distribution system,
A. The Town of Southold Municipal Gas Utility will obtain
service and .maintenance for the equipment and infrastructure of
the Southold Municipal Gas Utility, and the other remaining gas
distribution and other equipment that is within the Town from
Lilco, or the existing gas utility for the time, that the utility
is mandated to provide those services, or it remains in the best
interests of the Town to receive the maintenance from that source,
and will otherwise contract out the service and maintenance to
other suitable contractors as necessary or when in the best
interests of the Town' and the Municipal Gas Utility.
242 APRI L 14, 1998
The Town of Southold Municipal Gas Utility will obtain
billing and management services by- obtaining contracts with
suitable and acceptable maintenance, service and billing
companies. The contracts will be supported wherever possible by a
performance bond of an amount acceptable to the Town.
8. The Town will also consider and retain the ability
and power to create its own maintenance and service and billing
department, including the equipment, materials, and supplies
required for that department, in order to provide billing, service
and maintenance to the Town of Southold Municipal Gas Utility if
the Town deems it to be in the best interests of the Town to do
SO.
2.3. Gas Supply,
A. The Town of Southold Municipal Gas Utility will obtain
its supply .of gas by contracting with .another utility or supplier
to provide the supply of gas to the Municipal Gas Utility.
3.0. Mandatory Referendum.
This Local Law shall be subject to approval by a mandatory
referendum of the residents of the Town of Southold, pursuant to
and as set forth in Seotion' 360 of the General Municipal Law of
the State of New York; the Election Law and Town Law of the State
of New York
The Town of Southold Municipal Gas Utility shall be effective
and granted the full powers entitled to it by law on the date of
the approval by a simple majority of the referendum,- and 'the
filing of the Local Law with the Secretary of State of New York.
BY ORDER OF THE TOWN BOARD OF THE TOWN. OF SOUTHOLD,
SOUTHOLD, NEW YORK,
Dated: April 14, 1998. Elizabeth A. Neville, Southold Town Clerk.
22.-Vote of the Town Board: Ayes: Councilman Murphy, . Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
APRI L 14, 1993
243:
23.- Moved by Councilman Moore, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an agreement
with the Peconic Land Trust for the Purchase of Development Rights
Planning, Acquisition and Negotiation Services, all in accordance with the
approval of the Town Attorney.
COUNCILMAN MOORE: What this does is utilizes the professional services
of the Land Trust in conjunction with the Land Preservation Committee to
help target properties, which should priorities for the use of open space,
and land preservation monies. I am happy to work with them in a
partnership.
23,- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED. ' f
24.- Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that Supervisor Jean W. Cochran hereby appoints Code
Enforcement Officer Edward J. Forrester as Chief. of Police Joseph A.
Conway's Assistant Deputy Emergency Coordinator for the Town of
Southold for the term of April 14, 1998 through December 31, 1998, he to
serve in said capacity without 'compensation.
24.- Vote of the Town Board: Ayes: Councilman. Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
25.- Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the "Town of Southold hereby allocates
the following funds under the 1998 Grants Program:
North Fork Women's Resource Center $500.00
Long Beach Bar "Bug Light" maintenance $500.00
Americas' Sail 1998 $500.00
5.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore; Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
26.- Moved by Justice Evans, seconded by Councilwoman Hussie, It.was
RESOLVED that the Town Board of the Town of Southold hereby creates
the position of Full-Time Clerk, Spanish Speaking at the Southold Town
Police Department.
26.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, - Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
27.- Moved by Supervisor Cochran, seconded by Councilman Murphy,
A
WHEREAS, in 1993 the towns of East Hampton, Riverhead, Shelter Island,
Southampton, and Southold initiated a process to provide the residents of the
five (5) eastern towns of Suffolk County with the opportunity to have a binding
referendum on the issue of the creation of Peconic County, as the best way to
protect the unique quality of life which the East End enjoys; and
WHEREAS, despite intensive lobbying effort on behalf of the legislation, the
New York State Assembly has refused to adopt said legislation; and
WHEREAS, the State Constitution provides that the "State Legislature shall
provide for the creation of local governments;" and
WHEREAS, the refusal of the State Legislature to adopt A.5702/S.3235 or
similar legislation constitutes a violation of its.constitutional responsibility to
provide for the creation of counties; and
244 APRI L 14, 1998
WHEREAS, Peconic County Now, Inc., a not-for-profit corporation created for
the express purpose of educating the public and advocating for the creation of
Peconic County, has through the efforts of its Litigation Committee, on a pro
bono basis, prepared litigation petitioning the State Supreme Court to compel
the State Legislature to meet its constitutional responsibility and provide for a
procedure for the creation of new counties; and
WHEREAS, said participation would require no budgetary expense by the Town
of Southold; now, therefore, be it
RESOLVED, that the Town of Southold hereby authorizes the Supervisor to take
all necessary steps to join the litigation with the Town of Southold as a party
petitioner.
COUNCILMAN MOORE: This is probably one of the difficult votes that the
Board has got to make. We had a hard one back in '96 as we discussed a
referendum to allow a public hearing, and one of the things I didn't like
about the referendum, and .the way it was done back in 196 was that we let
the people believe they were voting on supporting Peconic County yes, or
no. That wasn't really what that referendum was doing, and I wasn't
pleased about that, and I said at the time that the intentions were good,
the goals were laudable, but it could lead to mischievous results. I think I
am right in that respect, because what we succeeded in doing with that
referendum, whether the public knows it in the five east end towns,
anytime one of the five towns' Town Board want to spend a dime to further
the creation of Peconic County, what that referendum did was change the
voting power of the Town Board. It didn't sit there, and say, as an
advisory referendum we support Peconic County, or we don't. It told Town
Board members, you got to do this, and spend money in this way, and you
got to vote a certain way to do that. So, I was disappointed with the bit of
the slight of hand that led to the make believe that we were doing, a
referendum on Peconic County back in '96. The Supervisor remarked
earlier, not publicly, but to me that, that is difficult because it led
people in 196 to believe that something is going to happen. It was a great
vote, and we got bumper stickers, and we have got signs, and we have got
people very supportive of Peconic County, but nothing has happened. We
had a speaker tonight, and speaking on these resolutions told us where the
problem truly lies. The problem truly lies in the rules and procedures of
the State government, and how they operate and pass legislation in the
Assembly and the Senate. The litigation involved here is an attempt to
sidestep that process, and I fully appreciate the frustration, and the
cleverness.. I tip my hat to the cleverness to those who worked for Peconic
County Now to come up with these vehicles sidestep the obstacles that have
been put in place. It makes a very hard vote. The easy vote is to say,
let's just to do this, but I think it deflects the attention from where the
attention really has to lie. The attention must lie with the way Albany
operates. Great hue and. cry this year about how the budget process is now
open. The three kings of Albany no longer control the Budget process with
the Senate, Assembly and the Government. Now it is open to the public,
and the people who we have elected, and sent there are actually
participating, and doing their jobs on our behalf. We have laws sitting in
committee with Assemblywoman Acampora, and Assemblyman Theile, and
Ken LaValle, trying to get legislation through that. .by the way it is a
much easier piece of legislation than the litigation proposes, because it
wouldn't modify County law, a very straight forward process to get this
referendum on this issue so the public can vote on the creation of a
County. I am going to vote, no, on this with the caveat that I am going to
encourage this Town Board, and the other five Town Boards to focus their
attention on the true problem, and I said it in the Work Session today, and
that is focus on the problem with Albany. It involves not only the creation
of Peconic County, but any other piece of legislation that a particular
member of the Assembly, or the Senate in Albany wants to see pursued.
They have to change the way- they do business. I think it is our obligation
to press them to make it more responsive so that some person in this
instance, Sheldon Silver sits up there, and he has created one man rule.
245
APRI L 14, 1998
He prevents this from happening, and we have to take these deflective
sidesteps. It is not appropriate. It puts us in a very bad position. The
Town Board has raised other collateral concerns, and in all due respect,
Mr. Rausch, it is not a (tape change)
COUNCILWOMAN HUSSIE: My speech isn't as long as Bill's. I am not
pleased with litigation at any time, but I am hoping that this litigation
would bring to a head' the interference of one person, in this case, Sheldon
Silver, speaker of the House, to interfere with the democratic ' process- If
this is successful, if' this suit is successful, I can only hope that it will
send a message to :Mr. Silver, and anybody else who wants to stand in
democracy way, for 'any piece of legislation that is aimed to come before the
Legislature to be allowed to proceed according to the people's will, and not
just one or two people's.
27.- Vote of the Town Board: No: Councilman Murphy, Councilman Romanelli,
A Councilman Moore, Justice Evans, Supervisor Cochran. Yes: Councilwoman
Hussie.
This resolution was LOST.
SUPERVISOR COCHRAN: I would like to present the following resolution.
27..-Moved by Supervisor Cochran, seconded by Councilman Murphy,
B WHEREAS, during the summer of 1996, each of the five East End Towns
adopted a local law, subject to a mandatory referendum, which requested the
New York State Legislature to provide for a mandatory and binding referendum
on the creation of Peconic County;.and
WHEREAS, said local laws were overwhelmingly approved on the East End, by
a cumulative vote of 71%, and
WHEREAS, the voters of the Town of Southold expressed,their approval of a
mandatory and binding referendum on the creation of Peconic County, and .
WHEREAS, the Town Board of the Town of Southold is in favor of the formation
of Peconic County; and
WHEREAS, the Town Board has been informed by the representatives of
Peconic County Now, Inc., that any and all attempts to form Peconic County
have been thwarted by a single individual, Sheldon Silver, the Speaker of the
New York State Assembly; and
WHEREAS, Peconic County Now, Inc., is now about to commence litigation to
overcome the opposition of.Speaker Silver, by bringing an Article 78 proceeding
against the New York State Assembly to compel the State Legislature to provide
for a procedure for the creation of new counties in the State of New York, and
WHEREAS, Peconic County Now, Inc., has requested that the Town of Southold
join the proposed litigation against the New York State Assembly, and
WHEREAS, the Town Board of the Town of Southold is'concerned that even if
legal action is successful the State Legislature might then adopt a procedure for
the creation of new counties which, by its terms, forever prohibits the creation of
Peconic County [in effect the battle is won but the war is lost], especially if
Speaker Silver is still in office and exerting the same undemocratic power,
influence and control described by Peconic County Now, Inc., and
WHEREAS, at this time, the Town Board believes that the most effective course
of action for the formation of Peconic County would be to support any and all
efforts, by either private citizens, groups, or the members of the Assembly to
break the "undemocratic" vice grip that Speaker Silver apparently has on all
legislation in the New York State Assembly which would permit legislation,
including legislation enabling the formation of Peconic County, to actually be
put to a vote; now, therefore, be it
246 APRI L 14, 1998
RESOLVED that for the reasons stated above and because the Town Board
is in favor of the creation of Peconic County, and does not wish to
jeopardize its formation, the Town Board will not, at this time, join
Peconic .County Now, Inc. and the other parties in any litigation against the
New York State Assembly.
27.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
B Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. No:
Councilwoman Hussie. ,
This resolution was duly ADOPTED.
28.-Moved by Justice Evans, seconded by Councilman Murphy,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 31 st day of March, 1998, a Local Law entitled, "A Local
Law in Relation to a Stop Sign at Willow Pond Lane", and
WHEREAS, a public hearing was held on this Local Law on the 14th
day of April, 1998; at which time all interested persons were given an
opportunity to be heard thereon; now, therefore; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts
Local
LOCAL LAW NO. 4 - 1998
A Local Law in Relation to A Stop Sign at Willow Pond Lane
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 92 (Vehicles 8 Traffic) of the Code of the Town of
Southold ishereby amended as follows:
1 . Article III, Section 92-30 (Stop intersections with stop
signs) is hereby amended by adding the following:
I. Chapter 92 (Vehicles S Traffic) of the Code of the Town of
Southold is hereby amended as follows:
1 . Article III, Section 92-30 (Stop intersections with stop
signs) is hereby amended by adding the following:
Stop Direction At Inter- Location.
Sign on of Travel section with Hamlet
Willow Pond Lane West Clearview Avenue Southold
11 . This Local Law shall take effect upon its filing with the Secretary of
State.
28.=Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
29.-Moved by Councilman Murphy, seconded by Justice Evans,
WHEREAS,- there was presented to the Town Board of the Town of
Southold, on the 31st day of March, 1998, a Local Law entitled, "A Local
Law in Relation to Parking at Beaches", and
WHEREAS, a public hearing was held on this Local Law on the 14th
day of April, 1998, at which time all interested persons were given an
opportunity to be heard thereon; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts
Local Law No. 5 - 1998, which reads as follows:
LOCAL LAW NO. 5 - 1998
A Local Law in Relation to Parking At Beaches
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 65 (Parking at Beaches) of the Code of the Town of Southold
is hereby amended as follows:
1 . Section 65.3 (Parking permits) is hereby amended as follows:
D. One-Day nonresidents permits.
(1) One-day nonresident parking permits may be issued for the parking
of vehicles on the parking areas at Southold Town Board, Norman E.
Klipp Marine Park, and New Suffolk Beach to any person by the
attendant on duty at such parking areas: and also shall be sold in
books` of fifty (50) permits to the proprietors of the following
recreational businesses: bike rentals, kayak rentals and fishing
stations.
(2) Such permit shall be valid only for the day on which the same is
issued. Any permit not fully filled in shall be invalid.
11. This local law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
29.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
APRI L 14, 1998 247
SUPERVISOR COCHRAN: That ends our resolution for the day, and at this
time I will open the floor for anyone that would like to address the Town
Board on any Town business. Mr. Cold?
JOE COLD: I don't know where to start. Joe Cold, Cutchogue, that is a
start. I was stunned by the action of the Board. I have never heard a
self-fulfilling prophesy being created. Councilman Moore said that when the
people voted the referendum they expected something to happen, and
nothing happened, and then we see why nothing has happened. The Town
Board, once again, supports what the people support, but does nothing to
further it. I don't think the people are fooled, and thank Cod these
proceedings are televised: The other thing I think is baffling, I -mean we
know we have got a built-in scapegoat. We have Sheldon Silver, and
Sheldon Silver and I are registered in the same party. That is where it
ends. Sheldon Silver has no more connection with Long Island than Senator
Bruno has with Long Island, than Covernor Pataki has with Long Island.
The State-wide party connections don't hold here. This issue goes beyond
party. We know the 'State 4i *run by a triumvirate, bLt this .legislation is a
way to get around that, and if anybody thinks that anybody can pressure
those three people out of anything, they are kidding. The only person
that is going to pressure those three people out of anything is Judge of the
Supreme Court of the State of New York, and this Town has lost it's
opportunity to be part of that. I suppose I could go on, and on, but quite
frankly I am so amazed at the action of this Board. This was a freebie.
Nobody is asking this Board to spend a nickel. Peconic County Now went
out and got legal assistance, and I don't know what the Board position is,
but nothing that I have heard makes any sense.. We don't want to get them
mad at us I suppose. I don't know if that is what .we are saying or not,
but quite frankly I believe this is an outrage. It is an outrage that
somehow this town sees this whole issue far differently than the other four
towns of the east end. They can't all be wrong. There is something that
those four towns see, that this Board doesn't want to see, and I am very
disappointed.
SUPERVISOR COCHRAN: Thank you, Mr. Cold. Just so that it is clear to
the watching public, us not taking part in the lawsuit does not prevent the
others from moving forward. So, it is not a matter of killing the lawsuit.
It is matter of just now at this time joining in. Just that clarification.
Mr. Samuels?
TOM SAMUELS: Joe and I live on the same road. We frequently talk
together. Contrary to Joe's feelings on it the politically correct thing,
that's a term that is generally used now, and I see most of the audience
knows what I mean, would be to have gone along with this ground swell of
71% of the people, who may or may not have known what they were voting
on. 1 was asked by Fred Theile to serve on the Advisory Committee on
the Peconic County issue. I sat through many meetings, and I heard the
consultants, and by no means was there a consensus, majority consensus,
among that committee to proceed. There is no question we would like to
-see Peconic County. We would like to control our destiny. There are a lot
of, unanswered questions, however, not the least of which is the economic
implications of what happens, and that is unclear. It was unclear at the
conclusion of those hearings. It remains unclear today, and I believe in
them, and the four people who are on agenda today, Harold Ross, Larry
Cantwell, Hoot Sherman and Russell Stein, are all fine people. I know
them. I know them well. I don't think you can get through the Assembly by
going to court. You may be able to, but it looks like grandstanding to me.
It can be done, but there has to be a shift in the political climate, and
Bill is absolutely right, and Alice is right in her way, too. But, just to
be politically correct, just to go along 'with this, quote, unquote, ground
swell of public support, there are so many more issues that deserve great
attention, not greater, but great attention, and you are addressing them,
and a lot will get accomplished because it is within, your means to
accomplish them. But, here you have something that is going outside your
purview, completely outside your purview. Russ Stein is from
Easthampton. Harold Ross started in Easthampton. He is now in Water
Mill. Hoot Sherman is on Shelter Island, and Larry Cantwell is from
Easthampton. John is from Southould. Ruth is from Southold.
SUPERVISOR COCHRAN: Ruth is not on that committee, neither is Joe.
2 48 APRI L 14, 1998
TOM SAMUELS: I am saying what we need is a change in Albany on the
system. You are not going to change that system with an Article 78. It is
not going to happen. It is a political decision that has to be made. It has
been going on since I was a kid, where the Speaker of the Assembly, be he
Democrat or Republican, could stop anything that went through. It is
constitutional, New York Constitutional, you are asking the Court to change
the New York Constitutional. Again, I support Peconic County and it's
concepts, but we have got a long way to go, and it is not going to be an
easy bridge to cross. Now, I hope and trust that the media will not take
out context what I am saying, because it is a very, very important issue.
This Board is taking, what I consider a courageous stand in calling a spade
a spade, and the other boards have been pressured into it. I won't mention
what towns have had the problem. It's unfair to them. They can speak
when they want to speak, but that is the point I would like to make, and
Joe and I are still good friends, and I hope John and Ruth, but we have a
difference of opinion in this..matter. Thank you.
SUPERVISOR COCHRAN: Thank you, Mr. Samuels. John?
JOHN RAUSCH: John Rausch, Southold. The vote has been taken, and
had intended voicing anything after that. The fight will continue, but I do
think there is one thing that needs to be clarified. . We are not trying to
change the Constitution. We are trying to force the Legislature to live up
to the provision that is in the Constitution, that says that there will be
legal mechanism to enable counties to be created. That has lapsed. There is
none. That is the reason that Silver is able to block this so successfully.
We are not trying to change anything. We would like the Legislature to live
up to the Constitution as it stands.
SUPERVISOR COCHRAN: Thank you, John. Is there anyone else like to
address the Town Board on anything relating to Town Board business? (No
response.) If not, I will call for reports from Board members. I'm sorry, I
should have done this in the beginning. I neglected to introduce our Town
Attorney Greg Yakaboski, and welcome him aboard, so 1 will do it now.
Welcome, Greg. We look forward to working with you. John, do you have
anything to report at this time?
COUNCILMAN ROMANELLI : We are still working on the Scavenger Waste.
There were two engineers over the past two weeks, different ideas,
different opinions on that. No decisions have been made. Engineers, as
am learning, take a long time to make decisions. I would like to just go
back one second. I think Dr. Samuels relayed a lot of my feelings in your
talk up there on our decision, my decision, of voting on this issue today.
It wasn't an easy one, again, because politically-wise it was easier to vote
the other way, but I believe we made the right decision at this point.
Thank. you.
COUNCILWOMAN HUSSIE: I may be politically correct, or incorrect, I don't
care, but it seems to me this whole situation with Peconic County and Mr.
Silver standing in the way is not only hurting us, it is hurting every
town, county and village in the state. If he can do it to us, he can do it
to anybody, and it behooves all of those people to know that somebody can
get up and say, we are not going to take it. Whether Peconic County makes
it or not is one thing, but, oh, I could use some bad language, when I
think about him letting that thing just lull, and rest, and decay in
committee, and not bringing it up to a vote. What kind of democracy is
this? We are given this whole big thing about how we voted for our
Assemblyman, and our Senators, and they are going to be our
representatives in the Legislature. They don't have a thing to say. That's
ridiculous; but I did rush over that business about the gas utility, and
did want to give you a little bit more information than at the time of the
resolution. The amount of gas supplied to the Town of Southold by LILCO
company, which is our supplier at this time, is minimal. However, there is
a possibility for some savings, 8, 12, 150, and it probably doesn't effect
as many people as will be affected by the electric rates being reduced.
However, it doesn't cost us anything to put this gas company, so to speak,
on the referendum to be voted upon. What it actually will do will give
those gas customers- in the Town of Southold the opportunity to choose
much as you do for long distance telephone calling now. If Sprint is
offering you a good deal, fine, you go with Sprint. If AT&T is giving you
a good deal, you go with AT&T. You can do it back and forth, and they
s, APR{{._ 14, 1993 249
have all different kinds of things. In this case, it will be that the Town
will be able to contract with a supplier at supposedly, and hopefully, a
good rate, and you can look at that good rate, and compare it with the
other companies rate, and see which way you want to go. It requires no
office staff. It requires no trucks. It requires nothing, just the
establishment of the gas company. Again, as with the electric company
proposal the gas company is available in the Town Clerk's Office. Thank
you.
SUPERVISOR COCHRAN: Thank you. Councilman Moore?
COUNCILMAN IVIOORE: I have no reports. I will, in two weeks. Thank you.
SUPERVISOR COCHRAN: On my right, Brian Murphy.?
1
COUNCILMAN MURPHY: On Land Preservation we have been working very
hard in the past few weeks. We have gotten a few more submissions since
the last Board meeting of property coming in. We are taking a look at them
to see if they fit within the purviews of where we are looking to preserve
land. We are working on quite a number of County and State grants for
monies for the purchasing of open space and farmland acquisition. We just
received $360,000 some odd thousand, or $30,000 some odd thousand from
the State Department of Ag and Markets for development right purchases,
so we are progressing along quite a bit on that. I have a meeting coming
up with one of the contractors on the Sound Shore. Study, the last one,'
they need some clarification. One of the studies has been completed at this
point, and we expect some preliminary reports within. the next month from
two of the other contractors, so there will be more coming on that. That's
it. Thank you.
SUPERVISOR COCHRAN: Louisa?
JUSTICE EVANS: I just want to thank Jimmy King. We have had a
situation on Fishers Island, what we call the ' lobster war between
Connecticut and New York, and it is my understanding that the Connecticut
DEP is now suing the New York State DEC over the constitutionality of a
law that puts a perimeter around Fishers Island, and says, that only New
York State residents that hold licenses may lobster within that perimeter.
Connecticut is saying that is unconstitutional. With my role as Justice, and
Town Councilwoman, it is often awkward because my Justice position doesn't
allow me to get in the fray of certain political situations, and I am
grateful to Jim that he is able to play a role from the Town's prospective,
and be more vocal. So, thank you, Jim.
SUPERVISOR COCHRAN: He is back over there again, isn't he? Today or
tomorrow. He has been keeping me updated on that, Louisa. I have some
information I would like to share with you. First I would like to do a
clarification in relation to the purchase of the Thompson house on the
corner here. We included in the resolution tearing down of the structure,
so that if we ever get to that point, that is an option. But, there are also
other options that the Town Board is going to be looking at. I don't think
there is any of us that likes to see a part of our history destroyed, and
the house has been modified many, many times, both the outside and the
inside, so that it no longer resembles the old Thompson house, that used to
sit there, and if you want to go back further than that, the Whittaker
home. There are just options that could take place, offering it to a
historical society. There are some that feel that we could save the facade
of the old part of the house, and build a new facility behind much like
melding of the Cutchogue Library and church, which I think is one of the
most beautiful structures in Southold Town. That's what I would take my
picture of. There are many different ways the Town Board can go, and we'
will be looking at the ways. We certainly are not going to pull a overnight
destructive, just tear it down, like what happened down at Silversmith's
Corner. I mean we woke up at 6:00 o'clock in the morning one day, and it
was almost completely down. You, as the public, will be aware of every
step as we take it, and that is part of my feeling, that we keep the public
informed. Another thing we looked at was the possibility of purchasing the
property behind. I met with Mr. Stankevich. We would love to buy the
property back here. That was the old Terry homestead, but Mr. Stankevich
wants a half million dollars for it, and I said to him, I said, that's a
little bit more than $170,000 on the corner, and Renny's lot on the other
250 AP l L 14, 1998
corner, Renny Terry's, went for $175,000, but he thinks his property is
worth $500,000. So, that. would have given us another option. We
investigated the bank building. There were some people that came in to
see me, and felt that the town should not move from here, that this should
remain the Town Hall. They did not want the Town Hall over in a brick
building around the corner. They felt very strongly that they would like it
here as an entrance to the hamlet, so we have lots of people with lots of
different ideas and concepts. One of my concerns as Supervisor, and the
Town Board's concern is health, safety, and welfare of people. We have
had people in the basement for many, many years, and we have more
violations. We .would not allow someone else in this community to continue
the violations that we ourselves have. Something has to be done. When I
was here twelve years ago, and I served as Chairman of Building and
Grounds, one thing I had done was put a break window downstairs in the
Finance Office, because if anything had happened on this side where the
boiler is, none of those people would have ever gotten out of that
basement, so, they have been down there long enough. Let them come up,
and see there is a sunshine and fresh air out there every day with a
window. So, we have to make decisions based on many things, but I will
say to you that. we will look very carefully at just, zoom, tearing down the
corner house. So, that is just a clarification that I wanted to make. We did
have a study done by Fairweather, Brown, as far. as the feasibility of
renovation of the building. Our Town Engineer has gone through it, and
this has been happening over the past year. To make it as it is available
for public use is almost impossible. The floors aren't strong enough to
hold the weight. There were tall ceilings downstairs, and they brought all
the ceilings down, so they could double floors, the. apartments upstairs,
and I mean it no longer resemblances the lovely old house, that started
there, but the land- and part of the facade has a very dear history to many
people, so we are not going to be monsters, and just tear it down. We will
take each step slowly, and carefully, and look at what we are doing. I had
a busy couple of weeks. In addition to meeting in relation to the building
on the corner, I attended the Peconic Estuary meeting in Riverhead, which
was a positive. I hadn't been to one before, but I have just been elected
by the five east end towns Supervisors and Mayors to represent them and
serve on the government committee, so it was a first, and it was very
interesting, and I will go back. I attended the open house in the
Cutchogue Library. Jane Minerva celebrated her twenty-fifth anniversary
with the Cutchogue Library, and she is a good lady. We would once again
offer our congratulations. She is a mainstay up there, and helped get them
to the point they are today. I met with the New York State DOT in relation
to the runoff projects. The DOT will be resurfacing much of 25 from
Greenport down into Cutchogue once the weather is warm, and their'
calendar permits, but it will be shortly within this next year. Also, they
will be looking at ten different roadoff projects to alleviate some of the
roadoffs into our creeks. So, that is moving along. The Trustees and the
Town Engineer also attended that meeting. We were asked to host a meeting
by the Office of Coastal Management for the Federal government. They were
down to evaluate the five east end towns, not particularly the towns but
the State Department, and how the State Department works with the towns,
so it was kind of a check-up on the people that work with the towns from
the Department of State, and I ' would like to say that we had Kathy Lester
from Easthampton, and Shelter Island, and different townships
represented, and the workers that come down from the State got a double,
triple A on their report card. Everyone was very supportive. I think the
topic the Federal people found most interesting was our situation with the
ferry. I did attend the graduation of the Police Academy, which I have
tried to attend each of them, since I have been in office. I think it is
positive to let them know that they have support from the Town Board. We
have six new ones. We are hopeful now that we can put into place some
things as far as street crime is concerned, now that we have more men on
staff, and the judges are braced, because anytime you have new police
officers they are still a little salty, and they are not shy about giving
tickets so all of sudden on Friday the whole foyer is just loaded with
people, , and with summer coming on we expect to see many violations, but
they are doing their job. I had the Empire State Development Corp come in,
and want to sit down and chat. ' They are looking for ways that they can
support the town in some economic development. Right now they came out
because they have a gentleman that grows medicinal herbs, and he is
interested in looking for land in Southold. The paper, of course, a couple
of weeks ago covered a story on tobacco, but medicinal herbs, his company
2 14, i 251
.. f1F'R!I. �'9$
is right here on the island, and so they said that he would be calling me.
I haven't had the call yet, but I am certainly interested in chatting with
him, and inviting him out to see if maybe we can hook him up with some
farmland that he could purchase, so he can grow herbs for his medicinal
whatever. I would like to share with you that I received a letter from the
Department of Transportation today. As you know from time to time the
Town Board passes a resolution sending to the State Department of the
County a recommendation for a traffic control change. We had sent to them,
asking them to look at the traffic light in the village of Cutchogue,
because there is a man that has a guide dog, and he crosses there at the
light, and there are times that people have to go out from the store, and
help him continue across because I was told the dog can not see the light.
The Fight doesn't point that way if you look. A lot of our street lights
are just one sided. The dual highway does the same thing. So, they did
investigate, and they checked Guild Dog Foundation for the blind, and we
are advised that the guide dog as well as the blind owner are taught to use
audio clues, when crossing the roadway, and not signal indications. So,
they felt that therefore we did not need any additional changes to this
intersection at this time, and this is the traffic light in the middle of
Cutchogue Village right by the drugstore, so there will be no change in
traffic control at this time from them. I also attended the Safety
Committee, which we work with PERB, and we have meetings once every
month or so, six weeks, and we look at ways that the town can better do
the job we have to do, and looking at the safety and the dangerous
involved, be it at the Highway Department, the Police Department, they all
sit in on it, this building here, Nutrition Center, all these department
heads are part of this meeting, and we looked for ways to make the work
place safer than it presently is, and as a result this results in reductions
in insurance. On Saturday I had the pleasure of going with the North
Fork Promotion Committee. They took a tour of the vineyards, and I was
invited along, and I hadn't been to some of the vineyards in awhile, so it
was really a very nice afternoon. It made me not do any work, and just go
and enjoy, so it was kind of nice. This is the Southold newspaper over
here from Southold High School, and I would just like to read their press
release in relation to the cleanup that is being done town wide on April
25th. The Southold Student Council is working with the Greenport and
Mattituck Student Councils to organize a town wide cleanup on April 25th.
The idea was born in Supervisor Cochran's office, and is the most
aggressive campaign to beautify the Town of Southold in quite some time.
In the spirit of Earth Day, April 22nd, the Student Council encourages
all Southold students to participate. We have broken the town into a grid
with various organizations throughout the town volunteering to pick up the
garbage in one block. The remaining blocks will be needed to be picked by
students throughout the town. Be in the parking lot at 8:00 A.M. on
Saturday, April 24th to help make our town clean. See Mr. Olsen for
details. These are the student councils from each of the three high schools
that are working to help us clean up 25 and 48. We have also sent letters
out to service organizations, churches, museums, that we would like you to
join us in this one day cleanup of our two major roads in the town. If you
are interested, please, call Town Hall here, 765-1889, and we would be
very happy to put you along with the others that are going to go out, and
pick up the litter along the two main highways. If you ride along them
now you will see what we are talking about. It's quite heavy. The kids
can not do it alone, and they are not the only ones that litter. Adults
litter as well as young people, so we are asking once again, please, as an
adult let's work together,' 'and support these young people. They like
getting involved. It is my feeling that if you give young people ownership,
they take the responsibility, so it is very important to support them, and
let's get this done, plus, it will beautify and clean the town at the same
time. The only other thing I would like to share with you, there will be a
second clean up, and this is for the Fort Corchaug site, and this is a
volunteer event, also, and this is Saturday, May 30th from, 9:00 to 3:00.
Come and assist other interested members of the community in the initial
debris cleanup of the farm homestead on the Fort Corchaug property
Route 25 in Cutchogue. Bring 'a pair of working gloves, a bag lunch, and
interest in learning more about Fort Corchaug property, and also, if you
are going to join us for that cleanup I would remind you that tick season is
on the way, and to tuck your pant legs into your white socks, and bring
some spray, and help us clean up the site. The Superintendent of
Highway, he has been very helpful, not only at our beaches. They were
down there today looking at some of the old buildings that have caved
252 APRIL 14, 1998
down, that have to be removed, so Mr. Jacobs will be helping us in that
respect. I understand they also found, and I haven't seen it yet, but the
ownership I believe is the towns, a branding iron with the name Downs on
it, so it is a branding iron that goes back to when the Downs family owned
it evidently many, many years ago, so we would like to as we find these
artifacts on site, we would like to save them, and perhaps some day display
them in the interpretive center. That is May 30th, 9:00 to 3:00 P.M.
Please, help us also on the 25th with the young people. I think that is
all I have. If there is nothing else I would like to close the meeting with
this resolution.
Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS, this Board has learned with sorrow of the death of former
Southold Town Highway Superintendent RAYMOND C. "RINKY" DEAN,
and
WHEREAS, in his service to the people of the Town of Southold as
Superintendent of Highways for approximately twenty years from October
31, 1965 to January 1, 1986, "RINKY" distinguished himself as a
dedicated and conscientious public servant; and
WHEREAS, the Town of Southold is grateful to the family of RAYMOND
C. DEAN .for sharing him with the Town for those many years he gave of
his time, talents and energy; and
WHEREAS, the Town Board of the Town of Southold wishes to give
formal expression of its loss in the death of RAYMOND C. DEAN, a man
esteemed by his associates and respected by all; now, therefore, be it
RESOLVED that when the Town Board adjourns this day, it does so out
of respect to the memory of RAYMOND C. "RINKY" DEAN, and be it
further
RESOLVED that a copy of this resolution be spread upon the minutes of
this Town Board meeting and a copy be presented to the family of
RAYMOND C. DEAN that we may extend to them our deepest and
sincerest sympathy.
Dated: April 14, 1998.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
6:00 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
4
Elizabeth A. Ne ille
Southold Town Clerk