HomeMy WebLinkAboutTB-04/28/1998 253
SOUTHOLD TOWN BOARD
APRIL 28, 1998
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie,
Councilman William D. Moore, Justice Louisa P. Evans, Councilman Brian G.
Murphy, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F.
Yakaboski. Absent: Councilman John M. Romanelli.
9:10 A.M. - Edward Forrester, Building Department Head appeared before the
Board with regard to hiring of a fire marshal. They had budgeted for a
part-time fire marshal. This funding is still in tact and as June 1st
approaches, there is Money for a full time to the end of the year. The
person hired must be certified as both a fire marshal and a building
inspector. Their priority will be fire marshal, but they must be able to step
up and fill in as a building inspector, if needed. Duty Statements will
obtained for both fire marshal and building inspector.
IV 8 For Discussion - Mr.. Forrester also advised the Board that a Local Law
must be done to reference the correct flood insurance map numbers which
were recently received from FEMA. (See Resolution No. 15 setting date for a
public hearing.)
The Board was asked to .make a decision with regard -as to whether or, not to
allow; and under what conditions, the Village of Greenport to dispose of debris
from a building. being torn down In Greenport Village. Councilman Romanelli
was to obtain a letter from Mayor Kapell. However, the Ietter was not
received. A decision had to be made within 30 minutes as o: (1) Allow
them to bring it into our Landfill free of charge; (2) Allow them to bring it-
in, but tally the tonage. The final decision. of the Board on a verbal roll call
was unanimously no.
Mr. Forrester also gave the Board a monthly activity report of the Building
Department.
9:40 A.M. - Tom Maher, of Dvirka 8 Bartilucci Consultants met with the
Board regarding the Southold Town Landfill Closure Plana Town Attorney
Gregory F. Yakaboski asked about meeting the scheduled time table. Mr.
Maher said that they are two months from the deadline of July 1st. They are
asking for an extension and he doesn't feel that there will be a problem.
They are continuing to work on addressing the problems at the south west
corner of the landfill. They will finish the review of the grading plan and
Mr. Maher will put together a letter of transmittal for it. Tom Maher, Melissa
Treers, and Tony Cava are the representatives who will be working together
on this.
Receiver of Taxes Marilyn Quintana appeared before the Board regarding
Suffolk County legislation ordering Tax Receivers to include tax certiorari's,
erroneous assessments, -etc. with the tax bills. The Town. Attorney will
investigate this matter further.
The Board reviewed IV For Discussion Items IV. (1) Appointment to the Board
of Ethics.Councilwoman Hussie was of the opinion that this position should be
advertised. (See Resolution No. 12.) Item IV 2. A Local Law in. Relation to
Revising the Definition of Freshwater Wetlands. (See Resolution No. 13.)
Councilman William Moore said that c.arrently if an area is not on the map,
you can fill in a freshwater wetland. Town Attorney Gregory Yakaboski
recommends that we do a SEQR on this proposed local law. - Once the
inventory is taken, a determination will be made by the Trustees after.
consultation with our environments! consultants, Cramer, Voohris, Inc. This
254 APRI L 28, 1998
Local Law will be referred to the Southold Town Planning Board and the
Suffolk County Planning Commission once the definition is clearly delineated
by the Town Attorney. Item No. IV 3. "A Local Law Providing a Partial
Exemption from Real Property Taxes to Persons with Disabilities Who Have
Limited Income." A public hearing date was set for the next meeting. (See
Resolution No. 14.)
10:30 A.M. - Venetia McKeighan, Director of Human Services appeared before
the Board to express her need for a clerk-typist. They did recently hire an
account clerk, but they still need to replace the clerk-typist that they lost
when Christine Schlachter transferred to the Recreation Center. The funding
for this position will be checked out with the Town Comptroller. Ms.
McKeighan has garnered some extra revenues by raising the fee for the meals
from $1 .50 to $2.00; establishing a fee for bus rides to the day care
program; and restructured the schedule so that they must now pay in
advance for the bus transportation and there are no refunds or credits if
they don't attend.
10:45 A.M. - Richard Hilary, S.O.A.R. Program appeared before the Board
to apprise them of what is happening at the Peconic Dunes Camp. Supervisor
Cochran said that she would like to look into recycling bottles as well as
cans. The nature center at ,Peconic Dunes Camp was revitalized as a result of
the S.O.A.R. can project. There is money being held in capital reserve.They
wish to encourage use of the camp and facilities. by groups in the community.
Mr. Hilary invited the Board to an "Open House" at Peconic Dunes this
Sunday. While waiting for a video on the Peconic Dunes Camp to be
delivered, Mr. Hilary spoke about the observation trails, and the bird boxes
built by the children, one of which earned his eagle scout badge from this
project. All of the plantings put in at the camp are local species native to
Long Island. The video arrived and was shown to the Board by Mr. Hilary.
It was very well done and covered the Peconic Dunes Camp, the Sea Wolf
Group, Oceanography aboard the "Little Jennie", a Whale Watch at
Montauk,Ecological and Forestry Studies at Great Pond and Dam Pond, and
Hunter Safety Sportsman Education, and a Trout Jump at Connequot River
State Park. The video was choreographed with a song written and sung by
retired DEc Officer Lt. Wayne Trim who gave his permission to use it in the
v video. Lt. Trim is now retired and spends his time working with children
on ecology projects.
(11 :28 A.M.) The Board continued the review of IV For Discussion Items.
Item No. IV 4 Cablevision Councilwoman Hussie reviewed the contract item by
item with the Board. ltem No. 5 Referendum on Southold Municipal Electric
Utility, information gathered by former Town Attorney was passed onto the
Board. Item No. 6 IV Wellness Program for Employees sponsored by Stony
Brook University was discussed by the Board. Supervisor Cochran said that
if the Board is interested, she will get further information on it, and find out
who in town government would be interested in participating. Item No. IV 5
Set salary for student interns. (See Resolution No. 16).
12:15 P.M.-The Board reviewed the resolutions to be voted upon at the 7:30
P.M. meeting .
The Board discussed the Local Laws on Creating Public Utilities on Electric
and Gas on which public hearings are scheduled to be heard this evening.
The Town Attorney was concerned with language regarding the issuance of a
long term bond which reads "will not have any effect on the general budget
or real estate taxes of the Town". Mr. Yakaboski has been conferring with a
bond counsel who will be giving us their recommendations on it. The Board
decided that the public hearings will be held as scheduled this evening as a
fact gathering forum, but no decision will be made until such time as as
further information and recommendations are received.
EXECUTIVE SESSION
On motion by Councilman Brian G. Murphy, seconded by Justice Louisa
Evans, it was RESOLVED that the Board enter into Executive Session to
discuss (1) Labor Management, (2) Personnel; and (3) Contracts. Vote of
the Board: Ayes: Supervisor Cochran, • Councilwoman Hussie, Justice Evans,
Councilman Moore, and Councilman Murphy. This resolution was declared duly
ADOPTED. Also present: Town Clerk Neville, Town Attorney Yakaboski.
Executive Session ended at 2:41 P.M.
t
255
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on April 28,
1998, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory Yakaboski
Absent: Councilman John M. Romanelli
SUPERVISOR 'COCHRAN: May I have a motion to approve the audit of April
28, 1998?
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are declared paid:
General Fund Whole Town bills in the amount of $162,461 .34; General Fund
Part Town bills in the amount of $9,747.06; Community Development Fund
bills in the amount of $8,700.54; Highway Fund Whole Town bills in the
amount of $11,039.57; Highway Fund Part„ Town bills in the amount of
$12,333.02; Ag Land Development Rights bills in the amount of $1,000.00;
Landfill Cap E Closure bills in the amount of $44,640.24; Landfill
Equipment/Scale House bills in the amount of $150,000.00; Open Space
Capital Fund bills in the amount of $1,100.00; Computer System Upgrade
bills in the amount of $902.98; Seaview Trails Capital Fund bills in the
amount of $192.09; Employee Health Benefit Plan bills in the amount of
$43,050.32; Fishers Island Ferry District bills in the amount of $18,423.52;
Refuse 8 Garbage District bills in the amount of $13,019.43; Southold
Wastewater District bills in the amount of $5,241 .32; Fishers Island Sewer
District bills in the amount of $543.34; Southold Agency 8 Trust bills in
the amount of $8,378.88; Fishers Island Ferry District Agency 8 Trust bills
in the amount of $84.76.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Motion to approve the minutes of April 14th
Town Board meeting?
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the April 14, 1998, Town Board meeting be
and hereby are approved.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Setting the date of the next Town Board meeting
for May 12, 1998, at 4:30 P.M.
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 4:30 P.M., Tuesday, May 12, 1998, at the Southold Town Hall, Southold,
New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
256 APR-IL 28, 1998
I. REPORTS.
SUPERVISOR COCHRAN: There are agendas on the table out in the front
foyer, so that you can follow along the business of the Board. We do
receive reports every month from the different departments and committees,
so that the Town Board is kept fully abreast of what is going on. There
are some listed for this particular meeting.
1 . Southold Town Program for the Disabled Events Program for March,
1998.
2. Southold Town Police Department Monthly Report for March, 1998.
3. Southold Town Planning Board Monthly Report for March, 1998.
4. North Fork Animal Welfare League, Inc. Monthly Report for March,
1998.
II . PUBLIC NOTICES.
SUPERVISOR COCHRAN: We receive public notices. The first one is from
Donald Alfanso, and he is replacing a walkway in Little Peconic Bay,
Town of Southold. The second one is a notice of application to construct a
12 foot section of bulkhead, and this is at Westview Drive in Mattituck.
The third one is from the US Army Corp of Engineers, and it is for a
shellfish cultivation in Long Island Sound.
1 . Department of Army, New York District, application of Donald
.Alfanso to replace a walkway elevated above the wetlands grade, install a
ramp and a float and relocate two mooring piles in Corey Creek, Little
Peconic Bay, Town of Southold. Comments to be received by April 30, 1998.
2. New York Department of Environmental Conservation, Notice of
Complete Application of Frank Polacek to construct a 12 foot section of
bulkhead, remove existing sidewalls of boat ramp and fill area on Wesview
Drive, Mattituck, Town of Southold. Comments to be received by May 15,
1998.
3. U.S. Army Corps of Engineers, N.Y. District, Notice of application
of Alex Villani for a permit for shellfish cultivation in Long Island
Sound, Town of Southold. Written comments to be received by May 22,
1998.
Ill. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we received a letter from the
New ,York . State DOT. As you know from time to time we have requests
throughout the town for additional traffic control devices,. and I have a
request from one, as you come up New Suffolk Lane, and Route 25 right in
the village of Cutchogue, and it was requested because .there is a blind
gentleman that crosses with his seeing eye dog at that point. The New
York State DOT felt that at this time the concerns weren't high enough to
change the traffic pattern there at that intersection. When we request
these from the State or the County it usually takes about six months,
before we have a reply. So, we just keep hoping. As you know we do have
the ones in the fire as far as Mattituck is concerned along there by the
ABP, and down the Hess Station, and the other road to the East of
Mattituck Shopping Center. We haven't heard anything in relation to those
yet. Also, a letter from Gayle Marriner-Smith from Save the Bays for the
support we gave them during their young people's. program. Also, a memo
from John Raynor in, response to the FEMA 1998 exercise.
1 . Thomas Oelerick, New York State DOT, in regard to pedestrian
safety concerns at Route 25 and New Suffolk Avenue, Cutchogue.
2. Gayle Marriner-Smith thanking Supervisor Cochran for supporting
Save the Bays.
3. John Raynor with regard to FEMA "Response 98" Communications
Exercise.
APRIL 28, 1998 257
IV. PUBLIC HEARINGS.
1 . 8:00 P.M., on a proposed "Local Law in Relation to Creating
Municipal Utility in the Town of Southold".
2. 8:05 P.M., on the Question of the Acquisition' of the Ciacia
property, Main Road and Chapel Lane, Southold, New York.
3. 8:10 P.M., on a proposed "Local Law in Relation to Creating a
municipal Gas Utility in the Town of Southold".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy that if
you would like to address the Town Board in relation to any of the
resolutions that are printed on the agenda, that you may do so in just a
moment. I would like say that we will stop when the time is right. Eight
o'clock we have a hearing on creating a municipal utility in the Town' of
Southold in relation to electricity. Then, also, we have a hearing on the
Chapel Lane property, down at the Ciacia property down here on the
Main Road, Route 25. You can tell, Main Road, that is native talk. We
say, Main Road, and when you ask directions you don't say go down two
blocks, and turn right on Soundview, you say, you turn where the big
white house is. So, this is all part of living in the country, part of our
quality of life. We also have a hearing in relation to creating a municipal
gas utility in the Town of Southold. . At this time, I would like to ask if
there is anyone that would like to address the Town Board in relation to
any of the resolutions we will be acting on? If you have any other Town
business you will be given the opportunity at the end of the Board's
scheduled business, and we would be very happy to hear from you on
anything that is in relation to Town business. At this time is there anyone
that would like to address the Board on any of the printed resolutions?
Mr. Carlin?
FRANK CARLIN: Frank Carlin. Number 18, this is on the Chamber of
Commerce building in Greenport, right?
SUPERVISOR COCHRAN: Yes.
FRANK CARLIN: Is that to remodel it, or what?
SUPERVISOR COCHRAN: The one down there? This is the $25,000 grant
we received to replace the building. It has been a long hoe, because we
sent it out first what we felt would be similar to the one in Mattituck, and
it came back more than the $25,000. So, we put it out for rebid, and so
on, and so forth. Why is out for rebid this time? .
TOWN ATTORNEY YAKABOSKI: This time with the legal notice there was
misinformation on the bid specs. The bid specs stated it was going to be a
surety bond, that the bid bond had" to .be a surety bond, or a certified
check, and on the legal notice it said, certified check or bank draft.
Since it was a higher standard we are trying make sure as many bids as
possible come in. We felt that we had to readvertise, put out the bid
with the same specs.
SUPERVISOR COCHRAN: So it is not misunderstood, Frank, or we could
have someone object that it was not properly, you know, advertised, and I
believe we received four, and we are hopeful we will get the four back once
everyone understands everyone is in the same playing field.
FRANK CARLIN: What I am trying to get at here, do you want to spend
more than $25,000? How much are you going to spend on this?
SUPERVISOR COCHRAN: The $25,000 grant.
FRANK CARLIN: For $25,00.0 you will never match the one in Laurel.
SUPERVISOR COCHRAN: No, you won't. It will be a smaller facility.
258 APRI L 28, 1998
FRANK CARLIN: It was over $35,000 in 186. You are never going to
match that. I noticed also you said awhile back, you said, well, let's
leave it' more or less the way it was. Why even bother? Save your money.
I thought you said, well, we are going to see what we do, and maybe we
will have something like we got there now.
SUPERVISOR COCHRAN: In structure-wise, size-wise, yes.
FRANK CARLIN: If there isn't going to be that much difference, why go
ahead and spend $25,000? Leave it the way it is.
SUPERVISOR COCHRAN: Although there is no cellar. .
FRANK CARLIN: There is not a cellar in a lot of houses either.
SUPERVISOR COCHRAN: There is flooring. There is safety. There is
weight. There is a lot of factors. If you would like to come in, and sit
down with our Town Attorney, he will . tell you all the pitfalls of this
little building, that is down there. It needs a lot of repair work, and it
is just as wise to go in this direction, more wise to go in this direction.
FRANK CARLIN: Every time you take something over from Greenport it
always needs repair work.
SUPERVISOR COCHRAN: We didn't take it over from Greenport, Frank.
FRANK CARLIN: There were running it, weren't they?
SUPERVISOR COCHRAN: No, it's the Southold-Greenport Chamber, and
the property was given to us by the State many years ago. That used to
be the old highway, and when they put the new road in that circular part
of land they gave to the town, and the building was given, I don't want to
say the wrong person. .somebody gave it to the Chamber, the building. It
was very old then, and then it was placed there, but it ,has nothing to do
with Greenport government. Is there anyone else who would like to
address the Board on any of the prepared resolutions? (No response.) We
will move forward with the adoption.
I .-Moved by Justice Evans, seconded by Councilman Murphy, 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
following road surface treatments for the Superintendent of Highways:
1 . Oil and Sand
2. Oil and Stone
3. Liquid Asphalt
4. Sand Mix (Type 5 Shim)
5. Type 6 Top
6. Emulsions and Stone
7. RC-250 Liquid Asphalt Oil & Recycled Stone
1 .-Vote of the Town Board: Ayes: Councilman Murphy, 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 grants
permission to Edward Forrester, Director of Code Enforcement, to attend
the New York State required instructional course in Code Enforcement at
Yaphank, New York on May 6,- 7, and 8, 1998 from 8:00 A.M. to 5:00
P.M. ..each day. No travel or accommodation expenses are required for
attendance.
2.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
APRI L 28, 1993 259
3.- Moved by Councilman Moore, 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 sign the 1998
Community Development Agreements between the Town of Southold and the
County of Suffolk.
3.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
4.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town , Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for Beach Attendants,
Lifeguards, Water Safety Instructors, and Playground Instructors for the
1998 Summer Season.
4.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Councilman Murphy, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 28th day of April, 1998, a Local Law entitled, "A Local
Law in Relation to Soundview Avenue"; now, therefore, be it
RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, May
12, 1998, Southold Town Hall, 53095 Main Road, Southold, New York, as
time and place for a public hearing on this , Local Law, which reads as
follows:
A Local Law in Relation to Soundview Avenue
I. Chapter 92 (Vehicles E 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 thereto the following:
Direction At Inter- Location
Stop Sign on of travel section With (hamlet)
Soundview Avenue East Lighthouse Road Southold
Soundview Avenue West Lighthouse Road Southold
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* underline indicates additions
5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
6.-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 an' agreement
with Prostar Promotions, Inc. for the 1998 summer recreation programs
for week long sports camps for volleyball, baseball, softball, basketball,
and soccer for youth in grades 4-12, all in accordance with the approval of
the Town Attorney.
6.-Vote of the Town Board: Ayes:. Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
I.-Moved by Councilman Moore, seconded by councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Theresa Van Etten as a Part-Time Account Clerk to the Human Resources
Center, for 17 1/2 hours week, at a salary of $8.40 per hour, effective
immediately.
7--Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
260 APRIL 28, 1998
8.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Supervisor Jean W. Cochran, Chief of Police Joseph A.
Conway and Assistant Deputy Emergency Preparedness Coordinator John
Raynor to attend the 1998 Emergency Management Conference 'at the Marriott
Hotel at Melville, N.Y: on June 3 & 4, 1998, and all the' necessary expenses
for travel, lodging, meals, and registration shall be a legal charge to the
1998 Emergency Preparedness Budget.
8.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
9e.-Moved by Supervisor Cochran, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the resignation of Patricia D. Garsik, with regret, as Confidential
Secretary to the Supervisor, effective May 1, 1998.
9a.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
9b.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Patricia D. Garsik as a Permanent Full-Time Clerk-Typist to the Southold
Town Police Department, from the Suffolk County Department of Civil
Service Certification . of Eligibles, effective May 1, 1998 at a step one
salary of $27,055.08 per annum.
9b.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: We passed this resolution, or one very similar to it
two weeks ago, and we were advised that a certain bill in the Assembly has
been amended. This relates to the 20 transfer tax creating the preservation
fund from transfer funds.
10.-Moved by Councilman Moore, seconded by Supervisor Cochran,
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 lands 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
WHEREAS, there are bills pending in the_ Senate (S.6751) and the
Assembly (A.9692A) 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.9692A and requests the New York State
Legislature adopt such bills; and be it
FURTHER RESOLVED that the Town Clerk is hereby directed to transmit
a copy of this resolution to Senator Kenneth P. LaValle, Assemblywoman
Patricia Acampora, Assemblyman Fred Theile, Jr., Assemblyman Thomas
P. DiNapoli.
10.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran. No: Councilwoman Hussie.
This resolution was duly ADOPTED.
APRI L 28, i 998 2 61
COUNCILWOMAN HUSSIE: I didn't like this at- the last Board meeting, and
I like this amended version of the bill even less. It still does not do
anything about the loophole, which allows a farm right now to be sold to a
developer without safeguards on avoiding this tax. The other part of it is,
this amendment lowers the amount upon which this tax is levied. The
original bills said on improved property worth $250,000 there would be a
tax on everything over that $250,000. Now, we have lowered it in Southold
and Riverhead to $150,000. That is the difference between the $150,000
improved property, and the $250,000 approved property is where the bulk
of our property is. It is going to affect even more people than the
original bill. I never like the 20 anyway. I thought it should be half a
percent on everything. The other thing is, I don't .think the people know
about this, nobody has been told about this change, so I am voting, no.
SUPERVISOR COCHRAN: I think people have been told about the change.
11 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the release of the performance bond for roads and improvements in the
minor subdivision of Russell Pellicano, Southold In the amount of
$14,250.00, . all in accordance with the recommendation of Engineering
Inspector Richter and the Southold Town Planning Board.
11 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
12.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for a
member of the Southold Town Board of Ethics for a three (3) year term of
office,- effective May 2, 1998 through May 2, 2001 .
12.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
13.-Moved by Councilman Moore, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board - of -the Town of
Southold on the 28th day of April, 1998, a Local Law entitled, "A Local
Law in Relation to Revising the Definition of Fresh Water Wetlands", now,
therefore, be it
RESOLVED that this Local Law be referred to the Southold Town Planning
Board and the Suffolk County Department of Planning for recommendations
and reports, all in accordance with the Southold Town Code and Suffolk
County Charter. Said Local Law reads as follows:
A Local Law in Relation to Revising the Definition of Freshwater Wetlands .
BE IT ENACTED,by the Town Board of the Town of Southold as follows:
I. Chapter 97 (Wetlands) of the Code of the Town of Southold is hereby
amended,as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinary and usual maintenance or repair of a
man-made pond that is created by using an artificial
seal to prevent water from seepina into the ground and
activities disturbing the bottom lands of, and wetlands
adiacent thereto.
2. Section 97-13 (Definitions) is hereby amended as follows:
BOUNDARIES OF A WETLAND OR WETLAND BOUNDARY-The
outer limit of the vegetation specified in the definition of freshwater,
brackis or tidal wetland. The wetland boundary is to be defined and
flaqqed at the point where existinq wetland indicator species no longer
have a competitive advantage over upland species. Wetland and
upland plants will mix together at this transition zone. The methodology
262 APR 8._ -48, 1998
used to determine this boundary shall be the same methodology
utilized in the N Y S D E C Technical Methods Statement relating
to the Freshwater Wetlands Act: to wit if the innermost portion of
a wetland is effectively 100 percent wetland plants, the next
concentric ring shows an area of 75 percent wetland species, and
the outer rinq is a 50 percent mix where the competitive advantage
of upland species is demonstrated the boundary line will be drawn
at the mid-point of the outer ring. Where a site is dominated by
facultative species which are characteristic of Long Island wetlands,
such as red maple (Ater rubrum) and black tupelo (Nvssa sylvatice),
a community approach shall be used in determining thewetland
boundary. The test of what constitutes a wetland community will be
satisfied if the species are those included in the description of natural
wetland community types as documented by the New York Natural
Heritage Program in the March 1990 manual entitled °Ecological
Communities of New York State."
WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L.
No. 6-1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward edge Gf GUGh a tidal wetland wetland boundary
of such tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, §24-0107,
Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation
Law of the State of New York; or
All lands and waters in the town which
contain any or all of the following:
(a) lands and submerged lands commonly called marshes,
swamps sloughs bops and flats supporting aquatic or semi-
aquatic vegetation of the following types:
La wetland trees which depend upon seasonal or permanent
flooding or sufficiently water-logged soils to give them a
competitive advantage over other trees: including, among
others red maple (Ater rubrum) willows (Salix spp.), black
spruce (Picea mariana)• swamp white oak (Quercus bicolor), .
red ash (Fraxinum pennsylvanica) black ash (Fraxinus nigra),
silver maple (Acer saccharinum) American elm (Ulmus
americana), and larch (Larix laricina): or
(2) wetland shrubs which depend upon seasonal or .
permanent flooding or sufficiently water-logged soils
to give them a competitive advantage over other shrubs;
including among others alder (Alnus spp.). buttonbush
(Cbghalkanthus occidentialis) bog rosemary (Andromeda
glaucophylla) dogwoods (cornus so A and leatherleaf
(Chamaedaghne calvculata): or
Q) emergent vegetation, including, among others, cattails
(Typha spp ) pickerelweed (Pontederia cordate), bulrushes
(Scirpus spp ) arrow arum (Peltandra virginica) arrowheads
(Sagittaria spp.), reed (Phragmites communiy). wildrice
,a;r Sr ks�s Tarr a _,'tt
APRIL 28, 1958 263
(Zizania aquatica), bur-reeds (Sparganium spp ) purple
loosestrife (Lvthrum salicaria) swamp loosestrife (Decodon
verticillatus), and water plantain(Alisma plantagoaquatica)•
or
(4) rooted, floating-leaved vegetation: including among others
water-lily (Nvmphaea odorata) water shield (Brasenia schreberi)
and spatterdock (Nuphar spp.): or
(5) free-floating vegetation: including, among others duckweed
(Lemna spp.), biq duckweed (Spirodela Polyrhiza) and
watermeal (Wolffia spp.): or
(6) wet meadow vegetation which depends upon seasonal
or permanent flooding or sufficiently water-logged soils to
give it a competitive advantage over other open land
vegetation: including, among others sedges (Carex spp.).
rushes (Juncus sgg.) cattails (Tvgha spp) rice cut- rg ass
(Leersia orvzoides), reed canary grass (Phalaris arundinacea)
swamp loosestrife (Decodon verticillatus) and spikerush
(Eleocharis spp.): or
(7) bop mat vegetation: including among others sphagnum
mosses (Sphagnum spp.), bog rosemary (Andromeda
glaucophylla), leatherleaf(Chamaedaphne calvculata)
pitcher plant (Sarracenis Purpurea) and cranberries
(Vaccinium macrocarpon and V. oxvcoccos.): or
(8) submergent vegetation; including among others
oondweeds (Potamogeton spp.) naiads (Naias sop.)
bladderworts (Utricularia spp.) wild celery (Vallisneria
americana), coontail (Ceratophvllum demersum) water
milfoils (Mvriophyllum spp ) muskgrass (Chars spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.),
and water smartweed (Polvgonum amphibium)• or
'b) lands and submerged lands containing remnants
of any vegetation that is not aquatic or semi-aquatic
that has died because of wet conditions over a
sufficiently long period, provided that such wet conditions
do not exceed a maximum seasonal water depth of six ;,.,
feet and provided further that such conditions can be
expected to persist indefinitely, barring human intervention;
(c) lands and waters substantially enclosed by aquatic or
semi-aquatic vegetation as set forth in paragraph (a) or be
dead vegetation as set forth in paragraph (b) the regulation
of which is necessary to protect and preserve the aquatic
and semi-aquatic vegetation: and
(d) the waters overlying the areas set forth in (a) and (b) and
the lands underlying (c).
(2) All land immediately adjacent to a "freshwater wetland," as
defined in either Subsection B(1) or Subsection B(2) and lying within
seventy-five (75) feet landward of the most landward edge-ofa-
wetland" wetland.boundary.
2 6_.4 kPRI L 28,.: 199i3
II. This Local Law shall take effect upon filing with the Secretary of
State..
Underline represents additions
Strikethrough represents deletions
COUNCILMAN MOORE: What this Local Law is about is amending a loophole
in our present ordinance which identifies freshwater wetlands, as those
which appear only on the DEC freshwater wetland map. We have other
freshwater wetlands in town, which are not identified on that map, which
the Trustees should have jurisdiction over, and so by making this law after
public hearing, and comment from the Planning Board, and the County
Planning Commission, our Trustees would have jurisdiction over freshwater
wetlands in the town, which are not found on the freshwater wetland map.
13.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
14.-Moved by Councilman Moore, seconded by Councilwoman Hussle,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 28th day of April, 1998, A Local Law entitled, "A Local
Law in Relation to Providing A Partial Exemption from Real Property Taxes
to Persons with Disabilities Who Have Limited Income", now therefore, be it
RESOLVED that the Town Board hereby sets 5:05 P.M., Tuesday, May
12, 1998, Southold Town Hall, .53095 Main Road, Southold, New York, as
the time and place for a public hearing on this Local Law, which reads as
follows:
A Local Law Providing a Partial Exemption from Real Property Taxes to
Persons with Disabilities Who Have Limited Income
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. LEGISLATIVE INTENT
This local law is adopted pursuant to authority of Real Property
Tax Law section 459-c. All definitions, terms and conditions
of such statute shall apply to this local law.
11. Chapter 85 (Taxation).of the Code of the Town of Southold is
hereby amended by adding the following:
1. Section 85.9 (Partial exemption for persons with a disability)
A Real property owned by a person with disabilities whose
income is limited by such disabilities, and used as the legal
residence of such person shall be entitled to a partial
exemption from taxation to the extent of 50 percent of assessed
valuation.
B. To be eligible for the exemption authorized by such section
459-c and implemented by this local law the maximum income
of such person shall not exceed $18 500, Any such person
having a higher income shall be eligible for exemption in
accordance with the following schedule:
ANNUAL INCOME ,PERCENTAGE ASSESSED VALUATION
EXEMPT FROM TAXATION
More than $18,500 but less than $19,500 45 per centum r
$19,500 or more but less than $20,500 40 per centum
$20,500 or more but less than $21,500 35 per centum
$21,500 or more but less than $22,400 30 per centum
$22,400 or more but less than $23.300 25 per centum
$23,300 or more but less than $24,200 20 per centum
$24,200 or more but less than $25,100 15 per centum
$25.100 or more but less than $26.000 10 per centum
$26,000 or more but less than $26,900 5 per centum
APRI,._ 29, 190 265
III. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
14.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
15.-Moved by Justice Evans, seconded by Councilman Murphy,
WHEREAS, there has been presented to the Town. Board of the Town of
Southold, on the 28th day of , April, 1998, a Local Law entitled, "A Local
Law in Relation to Flood Damage Prevention", -now, therefore, be it
RESOLVED that the Town Board hereby sets 5:10 P.M., Tuesday, May
12, 1998, Southold Town Hall, 53095 Main Road, Southold, New York, as
the time and place for a public hearing on this Local Law, which reads as
follows:
A Local Law in Relation to Flood Damage Prevention
BE IT ENACTED, BY THE Town Board of the Town of Southold as
follows:
I. Chapter 46 (Flood Damage Prevention) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 46-4 B (Definitions) is hereby amended as follows:
AREA OF SHALLOW FLOODING -A designated AO, AH or VO-Zone
on a community's Flood Insurance Rate Map (FIRM) with a one-percent
or greater annual chance of flooding to an average annual depth of
one (1) to three (3) feet where a clearly defined channel does not
exist and where the path of flooding is
sheet flev� unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
CRAWL SPACE means an enclosed area beneath the lowest
elevated floor, eighteen inches or more in height, which is used
to service the underside of the lowest elevated floor. The
elevation of the floor of this.enclosed area, which may be of
soil, gravel, concrete or other material, must be equal to or
above the lowest adiacent exterior grade. The enclosed crawl
space area shall be properly vented to-allow for equalization
of hydrostatic forces which would be experienced during periods
of flooding.
2. Section 46-6 (Basis for establishing.areas of special flood hazard)
is hereby amended as follows:
A. The areas of special flood hazard for the Town of Southold,
Community No. 360813 are identified and defined on the following
documents prepared by the Federal Emergency Management
Agency:
(1) Fleed !RsuFaRGe Rate Map (multiple panels) Index NG.
M A.scientific and engineering report entitled "Flood Insurance
Study, Town ef Seutheld, New YGFk, Suffolk County, New York
(all jurisdictions)" dated Augu6ta6, 1993 May 4. 1998.
26 6 APR[ Z8, 1998
(2) Flood Insurance Rate Map for Suffolk County, New York (all
jurisdictions) as shown as Index No..361030000 and panel(s)
0017. 0018, 0019. 0036, 0037. 0038 0039 0041 0043 0063
0064, 0066, 0067, 0068, 0069 0080 0085 0086 0087 0088
0089. 0095. 0105. 0106, 0107. 0108 0109 0115 0139 0142
0143. 0144, 0154. 0157, 0158, 0159 0161 0162 0163 0164
0166, 0167, 0168, 0169, 0176 0177 0178 0181 0182 0184
0186, 0188, 0192, 0205, 0477 0479 0481 0482 0483 0484
0491, 0492, 0501, 0502, 0503 0504 0506 0508 and 0511
whose effective date is May 4, 1998.
3. Section 46.18 (Residential structures (coastal high-hazard areas) is
hereby amended as follows:
B. (1) The structural design shall be adequate to resist water forces
that would occur during the base flood. Horizontal water loads
considered shall include inertial and drag forces of waves, current
drag forces and impact forces from waterborne storm debris.
Dynamic uplift loads shall also be considered if bulkheads, walls or
other natural or man-made flow obstructions could cause.wave
Pimp run-up,beyond the elevation of the base flood, ,
II. This Local Law shall take effect upon filing with the Secretary of State.
* Strikethrough represents deletions
Underscore represents additions
15.Vote. of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
16.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby sets the
salary of Seasonal Part-Time Employees and Work Study Employees at $6.82
per hour.
16.-Vote of the Town Board: Ayes: Councilman . Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie,. Supervisor Cochran.
This resolution was duly ADOPTED.
17.-Moved by Councilman Hussie, seconded by Justice Evans, It was
RESOLVED ' that the Town Board of the Town of Southold hereby
authorizes and directs the Town .Clerk to advertise for resumes for three
(3) positions for full-time provisional clerk-typists for the Supervisor's
Office, Town Clerk's Office, and Human Resource Center at a salary of
$22,658.42 per annum.
17.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
18.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to re-advertise for bids for the
construction a Tourist Information Booth at S. Wentworth Horton Memorial
Park, New York State route 25, Creenport, New York.
18.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of our resolutions until after our
hearings. We do have a hearing scheduled for eight o'clock. Alice, do you
want to read the legal notice on the electric company?
COUNCILWOMAN HUSSIE: All of it?
SUPERVISOR COCHRAN: No. You are just going to- read the highlights,
and the fact that you have verification, and it has been printed in the
newspapers. We had a discussion this morning In the ~work session in
relation to the forming of the electric municipal utility in the Town of
��. I <a, � 9 2 6' 7
Southold, and of course there are so many parts to it, and so much that
has to be looked at, and investigated, but our bond counsel has raised
some concerns with the language of the Local Law as we have presented it
in the newspaper, and we are presenting it to you this evening. With
assistance of the bond counsel we will be reviewing and changing some of
the language. Because of the strict procedural requirements of adopting the
Local Law, we will have to re-notice, and have another public hearing, and
we will be doing this immediately. Now, earlier I know, Alice, you and
Greg, Greg is our Town Attorney, were having some discussion. Did you
decide anything differently. Then we will have to in two weeks reprint it,
and readvertise the hearing?
TOWN ATTORNEY YAKABOSKI: Correct.
SUPERVISOR COCHRAN: But we didn't want to cancel it as of this
morning, so we would still like to take your input, because if there are
several places that we see the need for change, perhaps some of you might
have some recommendations or suggestions, that also need looking at, so
this way we will be able to look at all at the same time. Gary, while we
are waiting I have about a half a minute before I can open the hearing,
perhaps you would like to introduce. Gary is from Power Alternatives, and
perhaps you would like to introduce the gentlemen that are with you here
tonight for the hearing.
GARY VIGLIANTA: My name is Gary Viglianta. I am President of
Power Alternatives. With me tonight is Joe Procokp. He is the corporate
counsel for Power Alternatives, Tom Scianti is Vice-President of Power
Alternatives, and as the Supervisor said, this will be an excellent
opportunity for anyone who has any questions about the study, or about
what is going on, to get the questions out. We are here to give you
whatever answers to whatever questions you have. We will provide you with
all the information we have. The Council, and the Supervisor, and the
Town Attorney, as well as 'the bond counsel, have decided that there is
some very small technical problems with the advertisement, and of course,
to be exactly correct they have done what I believe is a very correct
motion, and that is to table it for two weeks, but it will give everybody
the opportunity tonight to have some conversations, and to come back in
two weeks again with whatever research or questions you may have. We will
also answer your questions if you would like to call us. If during the time
between hearings you have more questions, and you would like to call us,
our firm would be more than happy to get back to you, and may not get
back to you immediately, but we will get back to you in short order with
whatever questions, so, please, anything that is on your mind tonight
bring it up, and we will address it, and we will try to make you feel
comfortable with what is going on.
SUPERVISOR COCHRAN: You took care of that half minute very well.
Thank you very much, sir. I would like to get back to the reading of the
public notice. Thank you, Gary. May I have a motion to recess for the
Hearing?
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that a recess be called at this time, 8:00 P. M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 9:09 P.M.
SUPERVISOR COCHRAN: I have a resolution now in relation to the
acquisition of the Ciacia, number 19A, please.
19a.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that pursuant to Article 8 of the Environmental Quality Review
Act, and 6NYCRR Part 627.10, and Chapter 44 of the Code of the Town
of Southold, notice is hereby given that the Southold Town Board, in
conducting an uncoordinated review of this unlisted action, has determined
that there will be no significant effect on the environment.
268 APRI L 28, 1998
DESCRIPTION OF ACTION: Question on the acceptance of offer ' of
Margaret Ciacia, Conservatee, by John Faulkner, Conservator of the
property located at the northwest corner of Main Road and Chapel. Lane,
Arshamomaque, Southold, New York under the open space preservation
program. It has been determined that a significant effect on the
environment is not likely to occur should the proposal be implemented as
planned.
19a.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
19b.-Moved by Supervisor Cochran, seconded by Councilman Moore,
WHEREAS, Margaret Ciacia, Conservatee, by John Faulkner,
Conservator have offered to sell property to the Town of Southold under
the Open Space Program; and
WHEREAS, the Town Board of the Town of Southold held a public
hearing on the question of the acquisition of the Ciacia property on the
28th day. of April, 1998, pursuant to the provisions of Chapter 59, Open
Space Preservation, of the Code of the -Town of Southold, at which time all
interested persons were given an opportunity to be heard;. and
WHEREAS, the Town Board deems it in the public interest that the Town
of Southold acquire the Ciacia property; now, therefore, be it
RESOLVED that the Town Board hereby elects to purchase the property
of Ciacia, described as follows:
Suffolk County Tax Map No. 1000-45-1-10, comprising approximately 8
acres, located on the northwest corner of Main Road and Chapel Lane,
Arshamomaque, Southold, New York, at a cost of $68,000.00, and be it
FURTHER RESOLVED THAT Supervisor Jean W. Cochran be and she
hereby is authorized to execute any and all required documents required
for the acquisition of the aforesaid property.
19b.Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: At this point, if there is anyone that would like
to address the Town Board. It has to be on Town business, but you are
more than welcome at this time to share it with us.
BERNARD HEINSCH: My name is Bernard Heinsch. I live on Route
48. 1 am here to address a problem that some of us have with the zoning
matter of Jimbo Realty. Last night I had the opportunity to address the
Planning Board on this matter. I had to congratulate the Town Planning
Board on their official notice of that hearing. It was deceptive. It was a
three acre site on Middle Road. Yesterday morning I was in the North Fork
Deli. I asked about twelve people, many of them town residents, do you
know where Middle Road is? Nine out of the twelve, no. It's ridiculous.
Jimbo Realty intends to build a site similar to what they have along side
of the railroad tracks, but encompassing one acre of buildings, over one
acre of asphalt on a three acre parcel: The Town is trying to preserve the
farming atmosphere. We have heard for years, since the Town has adopted
a Master Plan, that wasn't cut in stone the Town told us. But, we had
always heard, that, yes, there is going to be changes made in the Zoning
Code, especially along 48. Have they been made. None of us know, because
now you are going to have something like 58 in Riverhead. This is
starting, a two story box type structure. It is going to look ridiculous.
The State, and the County, and the Town are trying to purchase farming
rights, and you let that go through. There is something wrong. There is
some other people that would like to speak. Thank you.
SUPERVISOR COCHRAN: Thank you very much. M.•. Helinski?
ZIGMUND HELINSKI : My name is Ziggy Hel!nski. I live on
Tuckers Lane. This is pertaining to my wife's property, the Donahue
farm; which is adjacent to Grey Realty, or whatever, Jimbo Realty. It
is my,.,, understanding that when a person asks for a variance, that the
neighbors are supposed to be notified. We never received a notification
until last week. I think, if I am correct, his first application was 1996.
SUPERVISOR COCHRAN: Who didn't you receive a notice from?
-
1
ZIGMUND HELINSKI: From Jimbo Realty.
SUPERVISOR COCHRAN: You said you just got one about a week ago, who
was it from? Planning?
DONNA DZUGAS-SMITH: Got one last night from the Planning Board.
SUPERVISOR COCHRAN:. From the Planning Board, that is the only one
you received.
ZIGMUND HELINSKI : Just to go along with what Mr. Heinsch said,
that with all this land preservation and everything that the town has been
hollering about, to let this monstrosity go up. It is going - to be an
eyesore, and it is going to cause problems for one reason that the Town is
allowing him a access road to the North Road just before the light there. I
don't know if you have ever traveled that road lately, or not, but it is
worth your life to get on it, and get off of it.
SUPERVISOR. COCHRAN: Is the Donahue farm adjoining directly?
ZIGMUND HELINSKI : Yes.
SUPERVISOR COCHRAN: Thank you, Zig.
JOHN BUFFKINS: Good evening•.' My name. is .John Buffkins. I live
adjacent to the property in question. My wife and I, also, were never
notified back in 196.
COUNCILMAN MOORE: The variances would have been through the Zoning
Board, the applicant should have sent you by certified mail. The applicant
does it, and presents proof. We are going to check and see what the
Zoning Board file shows, but there should have been proof. That should
be in the file. If not than something was done wrong in the hearing process.
SUPERVISOR COCHRAN: We are going to check on it. I will continue to
take people that would like to express themselves on this issue. Anyone
else like to talk to the Board in relation to this issue?
DONNA DZUGAS-SMITH: My. name is Donna Dzugas-Smith. I attended
the Planning meeting yesterday, although I am not adjacent. I am close by
on 48. 1 am concerned, because according to your Building Code 58, which
was revised in January, 1996, it says you need not only certified, but
return receipt, and I did look in the file, and there are not return
receipts, and not all all proper people were notified, and there was something
said that along the lines that according to the tax rolls, those who were on
the tax rolls. Well, you will check that out I am sure, and you will find .
out. We had a big problem here as far as that. I do hope also that you
can open the matter up for us as citizens, and the Town Board really
review this proposal by Mr. Gray. He was present Iyesterday at the
meeting, and when I spoke I said, I don't know.the gentleman, and he was
standing there, and didn't offer recognition of who he was. I think he
would rather remain that way, anonymous. My concern is he has many
parcels along that stretch. This is only the first one. If he does this
he has the adjacent one under his son's name, but they both own the same
company. . If he gets away with this, this sets the precedent, maybe it will
be three stories on the corner one, the lot next to it. He also has two
parcels in front of my vineyard, which right now I offer a wonderful view
to the North Road travelers, -and to people going down Tucker's Lane.
There is a lot of open space there right on the corner property. His two
parcels in front of my vineyards are zoned light business the first 150
feet, and the rest five acres is zoned agricultural. DED Cycles ran into a
problem there. There is building there now, quite an eyesore. I would
• like the Board here to look into this matter further, because if you look at
that light business breakup. Okay? Number one, when you look at the
Town Code, and I go to the Planning Board, and I say, well, you know
what is light business? What kind of business can now go into that
building? Alright? The answer is not specific. Rather than have another
McDonalds and Burger King issue, I would appreciate it very much if
someone could look into making the light business specific. I hear a
propane company is thinking about that now. I personally don't think a
270 APRI L 20, 1998
propane company is light business. If it exploded it certainly wouldn't be
light.
SUPERVISOR COCHRAN: Yes, that has been inquired, but I don't think
he is doing anything.
DONNA DZUGAS-SMITH: Many years ago he did this, he rezoned. When
I bought my land he called me. He did not know me from Adam. I did not
know him. He called me, and suggested that I get in touch with the Town,
and rezone my frontage, which is tremendous on the North Road. I was
interested in preserving the farmlands of Southold. The other thing to
remember, too, he seems to get a lot of variances. He seems to get around
it, and on the parcel that am also concerned about, if he gets away with
this he is going to go back to the Cycle parcel, where it is light business,
and it was already suggested that you could' put a house behind it on those
five acres, because that is zoned for such. He doesn't have access. He is
landlocked, but that is zoned for such. If he doesn't have access he is
landlocked, but they are saying, well, it is landlocked so you have to give
him access for a house. So, these are the things that need to be
addressed. These parcels had been zoned. If you don't want to rezone at
least let's specify .what General Business is, what kind of business can go
in there, what light businesses? Supposedly it is only services. Let's be
more specific before he attracts any of these other parcels. I would
appreciate it.
SUPERVISOR COCHRAN: Bill, do you want to add something, as far as the
zone is concerned?
COUNCILMAN MOORE: I am sorry you didn't get clearer answers as to what
that LB, Limited Business, zone currently allows, because the Zoning Code
says, at least you can read it, and say, there are the listed uses in LB,
here are the listed uses in Hamlet Business, and General Business. We have
been working for quite some time. In fact we sent a home work assignment
off to the Planning staff, and the Building Department, focusing really on
the Hamlet Business side. The balance has been trying to keep the hamlets
as thriving commercial centers for suitable businesses for the hamlets, and
there is a whole debate on what are suitable businesses for the hamlets with
other businesses that your community needs to have from car dealerships,
to heavy auto and truck repair, and those types of things. There has got
to be a place to put those, If self storage or something that the market
says, you know, the people have a need for self storage,- because they
have no garage, and they have more stuff than they have a place to put
it. You have got to find a zone to put these things in, and so, the Code
Committee has been struggling back and forth with limited business, trying
to move some of the uses that we don't think belong in the limited
business, and keep them down in the hamlet area without leaving that as an
empty, useless zone, recognizing that the. B Zone is the General Business
Zone. You think of the kind of things that can go in there are any kind of
heavy or busy commercial use, and that is what the B zone is about. You
don't necessarily want the B zone down in your hamlet, so that is what we
have been struggling with back and forth, and, yes, Route 48 is a corridor
through town. It is all part of clear back to the '80s, as the goal for the
community, and keep your retail stuff down in the hamlet area. That is
what is being juggled with right now, but there is presently a Code in
place, that if we pulled the Town Code, and opened the LB zone it would
list for you the permitted uses. So somebody should be able to tell you
what is presently allowed in LB, what is presently allowed in B. I don't
have my Town Code here, or I would give you a copy in a moment.. You
could sit and read it.
DONNA DZUGAS-SMITH: You could get back to me, and tell me if
propane, the sale of propane, and the storage of propane, because no one
so far that I have asked in 'this Town Hall can answer that.
COUNCILMAN MOORE: Okay. I will give it to our Town Attorney. Really
the question ends up with, if there is a question as to that, it ends up
with the Zoning Board, because they are charged by law with interpreting
our Code, and the way it is written presently, this is my understanding
from Zoning, I will be real fast about it, and shut it down. If a use isn't
listed they way it is presently listed in our Code, if you can't find it
f�I'Ftl9. 1.998 271
there than it is not permitted. That is the way the Zoning Code is
presently read. We will look into that.
DONNA DZUCAS-SMITH: The only other thing I would like . to say about
that property, too, there is actually six 'buildings going on that small
area, one of which is a residence supposedly for the caretaker, and they
were granted a variance on that.
COUNCILMAN MOORE: This is the same piece?
DONNA DZUCAS-SMITH: You have three two-story buildings going up,
two side buildings, and a residence going up. Okay? You have got to look
at the plans, because they are also saying all this landscaping, but then in
parenthesis in the front, it says, or possibly additional parking. If they
ever widen 48, do you know what that means? It means these buildings are
going to be right there, because this is where 48 goes back down to two
lanes.
SUPERVISOR COCHRAN: Let's see would that be County or State? Actually
they are both guaranteed they are not going to be widening any roads in
the town of Southold, so hopefully I can take them at their word. It
doesn't always work.
DONNA DZUCAS-SMITH: Horton's Lane is Town.
BERNARD HEINSCH: I would like to add something to my statement, if I
may? I think the main issue here, that we are all addressing is, how was
this variance ever granted by notifying the people? The way we look at
the law it was illegal. It was strictly illegal without notifying, people, so
we request the Town Board to do what is ever necessary even if it means
rescinding the permits. Let them go through with the whole action again,
if need be, and let them do it the way that the Code calls for them to do
it. Thank you.
SUPERVISOR COCHRAN: Bernie, we will look at this in detail, and we will
get back to you. Thank you.
JUSTICE EVANS: I think they are re-notifying, too, as North Road,
because they took the Middle Road off the survey. Just what the survey
said, that is what they used, and when they realized that people were
confused they, I think, have decided to re-notify it so that there will be
another hearing on it.
BERNARD HEINSCH: The Planning Board- does intend to hold another
meeting on this, but they also advised us that they can't do anything
except their avenue that they have is on the Architectural Review Board,
and Site Plan, and they only make the recommendations to you people.
COUNCILMAN MOORE: Let me correct one thing. The decisions on that site
relative to that variance, and that site plan before those two Boards does
not rest here. . We have agreed that we are going to take a look at the
notifications that were given, but we don't sit and review what they did.
ARB, the Architectural Review Board, made recommendations to the
Planning Board, which they choose to abide by, or not abide by. Just so
you know, it doesn't rest here.
BERNARD HEINSCH: Can I ask you a question? Do you have the power
to rescind anything that could have done?
TOWN ATTORNEY YAKABOSKI: With the variance, that probably went to
the ZBA, the Zoning Board of Appeals, that is a separate independent body
than the Town Board. A lot of your questions, and whether it was done
incorrectly or correctly, rest with that Board. You can talk to them.
There are also legal steps that can be taken. I don't know when the
variance were issued.
BERNARD.. HEINSCH: Two years ago, approximately.
272 APRI L d28, 1998
TOWN ATTORNEY YAKABOSKI: Time might have run out, but you have to
see what exactly was done correctly or incorrectly. Just to clarify, the
Town Board is here separate. The Building Inspectors deal with the first
instance when people come in for anything with the Zoning Code. Once the
Building Inspector makes a decision whether or not he can allow a building,
for example, if the building needed a variance the Building Inspector would
deny saying, you can't put it here, because it needs a variance. Then that
would be appealed to the ZBA to seek a variance.
BERNARD HEINSCH: I understand that procedure, but you people must
also realize we do not elect those people. We elect you. You are our
representatives, and what you are telling me, I feel that what you are
telling me is you can't do anything, because that'was the Board of Zoning
Appeals. We elected you to represent us. We don't appoint them. They
are appointed individuals by the Town Board. Am I correct?
TOWN ATTORNEY YAKABOSKI: Correct.
BERNARD HEINSCH: If they do not represent us properly, than perhaps
in the next election we should have some other representatives.
SUPERVISOR COCHRAN: Bernie, they are created by the State of New
York, and they are autonomous, but there are some options, and we will
investigate, and we will get back to you with some positions. Okay?
BERNARD HEINSCH: Yes, but what I want to drive across is, yes,
there are certain State regulations, but they are appointed by you people.
SUPERVISOR COCHRAN: That is the control .you have is the appointment
to the Boards. Any. one else like to speak in reference to the big building
going up on Horton's Lane? Mr. Meinke, why don't we have you first.
HOWARD MEINKE: My name is Howard Meinke. I am speaking for both
myself, and the North Fork Environmental Council. First a comment, you
mentioned the Architectural Review Committee. Cary Strang did give
some advice and some design technicalities to Jim Cray. He did not design
the building, and did disqualify himself, but the point there is the
Architectural Review Board did object strenuously to the Planning Board,
and suggested things to try to take some of the curse off that building,
and got nowhere with the Planning Board. So, very possibly this is
ammunition of the Architectural Board to give it a little more ,power than in
the past. My point here, the other thing I wanted to talk about, in the
newspaper a week or two ago there was an article where Justice Price over
the site plan affair said that he thought the site plan review paragraphs in
100-250 in the Code were unconstitutional, and what that says was quoted
in the paper, and I read the Code, this is not the entire Code statement.
It is part of it. Any change of use, or intensity of use which will affect
the characteristics of the site in the terms of parking, loading, access,
drainage, open space, or utilities will require site plan approval, not
being an attorney, and not being in the business making of making words
say what they don't mean, and making things mean what they don't say.
think this clear. I think the Justice also went on, after saying it was
unconstitutional, said it was unworkable. You couldn't really tell what
caused these events, or didn't cause these events, so it had to be redone. ,
He also gave an example of, if a business, and an office hired another
employee they would need more parking space. Well, that is clearly covered
in 100-191, parking in offices was done by square foot, not by employees,
so I suggest he doesn't know the Code all that well to be throwing out
pieces of it. But, be that as it may, that is a very important piece of Code
for the development of this town, and I wonder what. we are doing about
it. I haven't seen anything in the most recent issue of the paper about it.
There either should be an appeal of the decision, or a very rapid and
correct rewriting of the Code. We need this piece of Code, and silence is
not the answer.
TOWN ATTORNEY YAKABOSKI: That was the Club Wave decision? We are
looking at how we are going to handle it legally, and one of the options is
an appeal. I can not really go any further at the moment, but that is
being looked at. Yes.
APRI L 28, i 998 273
SUPERVISOR COCHRAN: Thank you. Mr. Carlin?
FRANK CARLIN: Frank Carlin.
SUPERVISOR COCHRAN: Frank, I just want you to know that I have to be
in Farmingdale at 8:30 in the morning. Be kind.
FRANK CARLIN: Madame Supervisor, I know you have been here a long
time.
SUPERVISOR COCHRAN: Since nine o'clock.
FRANK CARLIN: I mentioned awhile back, that 1 was going to look into
this problem we have at the AEP shopping center traffic light. I have been
in communication with Senator LaValle's office, and Assemblywoman
Acampora's office. They sent me back a letter the other day along with a
letter from the Department of Transportation, saying that they are going to
investigate it, and it should be done by the end of June, the problem that
we have wanting a light there at the A&P shopping center.
SUPERVISOR COCHRAN: We have also sent letters quite awhile ago. We
should be hearing soon on that one, several along there, down by Hess.
FRANK CARLIN: Also, Senator LaValle's office called me up by phone.
But, I will give you a copy of the letter from Assemblywoman Acampora,
and the letter from the Department of Transportation.
SUPERVISOR COCHRAN: Anything they can do to push a little harder is
appreciated.
FRANK CARLIN: Let's keep our fingers crossed. Maybe they will be so
kind to help us out in Southold. I am going to make this as short as
possible. I drove by the other day to McDonalds in Mattituck here, and I
noticed the big flag was down. I went by again, and the flag was down,
so, I found out that somebody stole it. They stole the big flag, the
American flag. It cost the man $350., but that is not the point of how much
it cost. It is principal of it, and what the flag stands for. I know
somebody can't use a flag that size in the house. It is a disgrace, I think,
to the flag, and it is disgrace 'to the town. We had one two years ago
stolen out in East Marion by the monument there, and I understand, I
think, the McDonald's flag was loaned out to the school, and that was
stolen.
SUPERVISOR COCHRAN: Let's keep the two things separate. There has
been no police report. One was that the school was having a sleep-in
overnight on Saturday, and each of the kids paid $25., and this money
went as a fund raising to different groups. I know one was AIDS, and I
don't remember what the other two were. Okay? McDonalds donated all the
food for the kids that were going to stay up all night. They did give them
a McDonalds flag to post. It was put up somewhere on 'the school
property, and someone snitched it. Yes. But, that incident is separate from
what you are telling me as far as the flag at the McDonalds site in
Mattituck. Just don't mix and match.
FRANK CARLIN: It was on the same flag pole, and it actually belonged to
McDonalds, and they both were gone.
SUPERVISOR COCHRAN: It has nothing to do with what happened here.
FRANK CARLIN: What I am talking about is the one in Mattituck with that
huge flag they had up there, somebody had to steal it. What I am saying
is, to the person who stole it, bring it. back. Please, return it. How you do
it is *your problem. -Do it the same way you took the thing. That's all. I got
a call the other day from a gentleman who was looking for a heart
replacement, and he had to come to the Town Hall for some paper work,
and he had to go downstairs. Well, he couldn't go downstairs on account
of his condition. I won't mention his name. He had. to give an employee
his papers to take downstairs, I guess, to Mr. Cushman, is it?
SUPERVISOR COCHRAN: Yes, our finance department is in the cellar.
274 APRIL 28, 1998
FRANK CARLIN: 1 understand most of your senior citizens were concerned
going down in the cellar for stuff for senior citizens.
SUPERVISOR COCHRAN: . If they have financial business with the town, or
on this side it .is the Trustees and Community Development. If you need
them they have to come up to you, because there is no handicapped access.
FRANK CARLIN: The stairway reminds of a lighthouse stairway.
Incidentally, you said that there are unsafe conditions down in the cellar.
Do we have a fire exit down there? I hope so.
SUPERVISOR COCHRAN: When I was on the Board many years ago, I did
have a break window put in the front downstairs, that they can pop out
and get out, if they have to. It is still not what it should be.
FRANK CARLIN: Another thing he had to complain about was he drove
around the parking lot in the back here trying to get a parking space, and
there is only two handicapped parking spaces in the whole parking_ lot in
the Town Hall here. Come on.
SUPERVISOR COCHRAN: There are on this side.
FRANK CARLIN: Where?
SUPERVISOR COCHRAN: The handicapped ramp to the building is on this
side. That is where it was put, Frank, and there is two handicapped places
right here.
FRANK CARLIN: Two. That's all.
SUPERVISOR COCHRAN: There's got to be more than that, because I
think there is two here, and two around the corner.
FRANK CARLIN: You got them all for everything else, Supervisors,
Assessors, maintenance supervisor I think. You should have six for the
people here who are handicapped.
SUPERVISOR COCHRAN: The gentleman called me. We are going to be
looking at it. I sat out in this back parking lot. Everyone had gone home
about two weeks ago, and I sat, and I said, this parking lot has to be
redesigned: Jake right now is busy with clean-up and beaches, and things
like that. As soon as he has five minutes, we are going to sit down, and
redesign the parking lot. I think if we have one way through the entire
parking lot. You know, come in here, and go out back there, but we have .
got to redesign it, and Jake is willing to look at it with me, so we will be ,
doing. that, and hopefully we can plan differently, because I had another
gentleman come in today, and yes, he had to hobble his way in, and go to
the Town Clerk's Office, but there is no handicapped access down that
end. It is over this end, and the parking is here, so either way he has to
come in and walk the length of the building, which was, not easy for him by .
the time he got down to the Town Clerk's Office. We have to look at this,
Frank. I can't say you are wrong.
FRANK CARLIN: That's the reason why we shouldn't be taking so long to
either extend the Town Hall, or build a new one. It has been over five
years. Get the people out of that cellar. - Let's do. You worry about other
things, but important things we don't seem to want to worry about. Extend
the Town Hall or build a new one. You have been talking about it for five
years.
SUPERVISOR COCHRAN: We are looking at the options right now. Thank
you, Frank.
HAROLD HAUPT: You talked about the beaches just a second ago, is
there .any plans of doing any dredging in Southold on the creeks, and the
beach. This summer if something doesn't get done it is going to be an
awful hazard with the boats going into Goose Creek, and that swimming
area in there, because the channel now the way the tide has let the sand
pile up in there, it's coming up from where it should be piled to help the
creek stay, and nothing is being done.
f- P I'_ 28, 1998 275
SUPERVISOR COCHRAN: I know the Trustees are looking at this, and I
know Jim McMahon has been working on it, because we have also had a
concern about Town Creek, the mouth of Town Creek. We know we have to
dredge Goldsmith's Inlet, and we are trying to work that, as fast as
possible, because our road, the whole course of the water coming out of the
lake there up there .by Goldsmith's Inlet is undermining our road, and we
are afraid *of losing our road, so have been putting stuff there, and trying
to get permits from DEC, and so forth. Hoagy, I think if you called the
Trustees Office tomorrow they could give you specifics in what dredging
projects are on priority. They don't do them all one year, but they could
help you, or you can call my office, and you can get the information.
HAROLD. HAUPT: That one, you are going to have a beach there this
summer, it is going to be a hazard with the boats going in that little
channel. When you go there now, you can see how the beach is built up.
(tape change)
DEAN BLAIKE: I am Chairman of the Conservative party of Southold
Town, and I am here to discuss what you have done in November of 1996,
about the change of use that was done in order to allow life and health care
facilities in the Town of Southold. I have been going on with this with a
few members of the Board for a few months. A year and a half ago before
this use change was done somebody sent letters to the whole Town Board at
that time asking them, please, look into it. Please, don't make this
change. What Scott has done, and with the research, the research .should
have been done by the previous Town Board, also done by the previous
Town Attorney, and what should be done by this Town Board, the
properties of the life care and health care community will come off the tax
rolls 1000.- It doesn't matter if it is a bungalow. It doesn't matter if ' it
is any sort of building that they are going to live in. People have stood up
who represent this particular facility, and have stood up in front of you,
and told you that they are not going to take it off the tax rolls. Under the
rules of Article 46 of New York Health Code under IRS Rules 501C3, and
under New York State Rule 428, if anybody does their homework they will
will see it does come, off. If they do not take it off, people that set it
up, the attorneys that set it, it could be, will be probably subject to
malpractice. I have brought this to the attention. . the problem is that
everybody feels that this is going to come off the tax rolls. It is one of
several pieces. Five of these pieces are in Greenport School District. With
talking to the Superintendent of Greenport School, Mr. Kozora, he is
projecting over a million in tax revenue. for the school district once this
project is completed. I brought this to his attention, as I have brought it
to certain members of the Town Board, their attention, that this will come
off the tax rolls. It has to be. It is under a mandatory Class IRS
regulation, or rule. The Town has no rights to argue it, or anything
else. It has been argued over 700 times throughout the country. The
property unfortunately when you are dealing with this change of use, that
was done, it also brings in the actual people that are purchasing this. It
is done three different ways. It is done with the purchasing cooperation. It
has been done with the development cooperation, and then it is put over to
a 501C, not for profit cooperation. This is how it is done. This is how it
is already laid out. All the ducks are in the row already. The other part
of it is that the people have stood here and told you, that they are going
to keep it on the tax rolls, and it can't be. I already told you that. I
don't understand why this change was done in the first place as quickly as
it was. It came in front of the Planning Board in August of '96, and this
was approved in November of '96. Meanwhile in October of '96 the contract
was signed between the purchasers and the seller. It was done with no
conditions in there at all about this use change being put in. Another part
that isn't in the contract, and this is probably one of the first hints. In
their contract it says specifically in the line, that this contract is
assignable to a not-for-profit corporation. You don't see that in too many
contracts. I think the members of this Pennsylvania corporation that
originally brought in, sold the bill of goods to the local people that are
involved in it. Part of the conditions for this to come off the tax rolls
are they have to do with dealing with the elderly, they have to be
charitable. Well, in their own newsletters the connection• which it is done
in other like health care communities, the connection is the hospital. There
are three members, three Presidents of the local hospitals are on the
Board. In their own newsletter they go through their. August newsletter
they showed that—they went through each person, every person was
APRI L 28, 1998
associated with the hospital. That takes care of the charitable end of it.
That is how it is done with connection with other ones. A lot of the
information I have gotten are—that is other thing which I had a discussion
with the tax assessor this morning, and he told me, well, it can't come off
the tax rolls, because it is going to be- .they are buying something. If you
look at the article in the New York Times, which I have a copy of, they
will come out, and I quote it, these people are not buying the property,
they are buying the right to live and share in a not-for-profit corporation,
and when they buy they will see an increase in the value of the shares, to
quote them from the New York Times. This is purchasers, who own shares
in a co-op corporation, which would be sold after the owner died or moved.
When shares are sold any appreciation in the value would go to the heirs,
or owners, minus the prepaid_ insurance. What that is basically saying is
you come in, you are buying a share of the corporation. If you buy that
share, and you are paying a thousand dollars for it, and if this whole
community goes up, and it is now worth $2,000., that is what you get. You
.are not getting it from the profit. You are getting it from the corporation,
that is doing better. A lot of the researches are done, and I found a
expert attorney, which I think most of you have• a copy of it, and her
qualifications show Parsons Rule, and we have gone through a couple of
letters, and I have gotten a new letter as of yesterday. She saying how
they are set up. She does not know what is happening out here, in Long
Island out here. She has told us in those letters, this is how you set them
up, and all the ducks are in the row for her. Yesterday I got another
letter, just to reiterate, and I don't know whether you have this. I am sure
you do. I don't think this is general at all. I think it is quite specific.
In this you will see that she says, without qualifications all of it will
come off the tax rolls, whether it is a bungalow, whether it is a
condominium, whether it is any part of whatsoever it will come off the tax
rolls. Remember back in 1997 John May stood up here, and lied to you. He
might not have lied to you knowing it, but as far as I am concerned they
are not telling you the truth. There is no reason that this use change
ever should be brought. Now, this is only one out of seven. If 1 am half
wrong, this town is opening itself up to litigation for years to come, and
it is also not going to just effect our generation, it is going to effect
other generations. It is going to effect the school district, and I don't
understand why we are going through this, and this is just the first one.
We have already lost on San Simeon. It is also a zone change. It wasn't a
zone change. It was a use change. Again, it .was putting a business in a
residential area. The problem is this has been allowed to go on. You are
going see that they are going to start selling contracts soon. Right now all
they have is $1,000 refundable deposits. Once this goes any further, and
they :.start selling contracts, you are going to have major problems. It
shou'Id` be done, and it has to be done now. These people were talking
about buildings up on the North Road, and stuff like that. Look how long
that has taken to go through. As Chairman of the Conservative Party
speaking for our committee who had talks with them, the majority of them
again requesting the use change be put back the way it was. The laws are
very specific, and it is going to effect us, and the tax revenue, and the
Greenport School District. The Mattituck-Cutchogue School District is going
to be effected. My only question is, why wouldn't you change it? We have
been talking about this for months.
SUPERVISOR COCHRAN: Dean, may I say something? You came into my
office last Tuesday the first time, is that correct? This is first time you
came into see me, or shared the information with me? At the time the Town
Board made this decision of support, we had given it to our Assessors to
look at in full detail, and investigate it. The Town Attorney did the same
thing, and we felt comfortable in the fact that it would be kept on the tax
roll. Now, when you came into see me last week, I said, we will go through
the process again. We will investigate. We ar-i in the middle of getting a
letter out to the Attorney General to have a ruling from him. If we are
taking this off the tax rolls, that is not our intent. We have been assured
that it will stay on the tax rolls, all except the nursing part. I have no
problem with looking at the whole situation again as quickly as possible,
and getting back to you with any information that we gleam out. I would
also ask of you that the information from the attorney, that you have the
letters, and so forth, make sure I have a complete file on everything. I
don't know what Greg has. I don't know what you gave us the other day.
Does Greg have everything?
9
APRI L 28, 1998 2 7 7 ;
DEAN BLAIKE: I gave him another one this morning.
TOWN ATTORNEY YAKABOSKI: I believe I do, whatever he gave me.
SUPERVISOR COCHRAN: So, we are going to get a ruling from the
Attorney General as to whether or not this will be kept on the tax rolls.
DEAN BLAIKE: If you look through Article 46 New York Health Code, it
tells you how these are permitted. They came in in 1994, 1 believe. They
tell you right through it, how it can be done, and under what qualifications
are for the individuals, for the corporations, and everything else. I don't
understand how 1 can find out this information, and the Town Board has
not found out this information, especially the previous Town Board.
SUPERVISOR COCHRAN: We had the Assessors look at it, and the Town
Attorney look it. That is our information.
DEAN BLAIKE: I have given information to the Town Board members since
January.
SUPERVISOR COCHRAN: Not me.
DEAN BLAIKE: I have made copies of everything, so everybody gets them. .
SUPERVISOR COCHRAN: Dean, I am telling you my position at this point.
DEAN BLAIKE: Assemblywoman Pat Acampora has been looking into it for
a month now. Things do not move fast, Jean, you know that.
SUPERVISOR COCHRAN: We will move them as quickly as we can. We will
give it our best shot. I told you that in my office we would fully
investigate it, and give it every best shot, Dean, and I still mean that.
Greg will be working on it as a priority. Anyone else like. to address the
Board in relation to Dean, and what he has presented? Dean, please,
keep in contact. Anyone else like to address the Town Board? (No
response.)
Moved by Councilwoman Hussie, seconded by Councilman Moore; it was
RESOLVED that this Town Board meeting be and -hereby * is adjourned at
10:02 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Elizabeth A. Neville.
Southold Town Clerk