HomeMy WebLinkAboutTB-05/26/1998 300
SOUTHOLD TOWN BOARD
MAY 26, 1998
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice D. Hussie,
Councilman William D. Moore, Justice Louisa P. Evans, Councilman John M.
Romanelli,. Councilman Brian G. Murphy, Town Clerk Elizabeth A. Neville,
Town Attorney Gregory F. Yakaboski
9:15 A.M. Appointment - Craig Geier appeared before the Board representing
the Geier family on their unsafe building matter. His sister Joyce Harroun,
who was the previous representative, has moved out of town. Craig will get in
touch with the Suffolk County Department of Real Estate to find out what can
be done. They did have a buyer but due to the moratorium on public water
lost him. There is $75,000.00 owed in taxes and penalties. Only two units
per acre are allowed without public water. The person that was interested in
buying it did not feel 'that this yield was enough. Town Attorney Gregory
Yakaboski advised that the prior owner, or mortgage company, after a six
month period, are given two and one half years to redeem the property.
There are four months left on this time period. Mr. Geier stated that they
would accept $180,000.00 for the entire property. Supervisor Cochran said that
the. Town has the opportunity to buy it before it goes to auction. Decision
was held at this time, the matter will be discussed in executive session with "
regard to liability.
9:25 A.M. Appointment - Lisa Tuthill representing C.A.S.T. appeared before
the Board to request funds for a summer program. They have received funds
from the Town grant program for the past . several years. It is an 8 week
program, 5 days a week from 1:00 P.M.to 5:00 P.M. for 50-80 children, ages
5-14. C.A.S.T. is asking for $4,000.00 to continue this program.
Supervisor Cochran and Councilwoman Hussie recused themselves as they are
members of the C.A.S.T. Board of Directors. Therefore, it will take the
favorable vote of the remaining four board members to carry this. It will be
discussed later on together with the Greenport School grant application. g.
9:34 A.M.- The Board reviewed IV For Discussion Items. IV 1. Floodplain
Management. Measures. Supervisor Cochran checked with Edward Forrester,
Building Department Head. This was adopted as Local Law No. 7 at the last
meeting. In addition to being filed with the Department of State, it must also
be filed with the' DEC and FEMA. IV. 2. - Discussed in 9:25 A.M.
appointment with Lisa Tuthill, C.A.S.T. IV. 3.- Greenport School Grant
application. The .Board agreed to the $2,500.00 grant, but they would like an
evaluation at the end of the summer. (See Resolution No.. 32).
9:42 A.M. Appointment. William Peters appeared before the Board to request
support for a grant application by the Cutchogue-New Suffolk Historical
Society-Old House Society. The casement windows are leaking and need to be
replaced, the house needs to be re-clad, and they would like to put in
electricity. They are applying for a grant and they need a letter of support
from the town. Mr. Peters presented a sample letter. The total grant
application is for $200,000.00 • Mr. Peters will make us a copy of the grant
application. (See Resolution No. 33).
9:46 A.M. For Discussion Items (continued) IV. 4.- Shadowrng Program, Local
Schools. Supervisor Cochran placed this item before the board to see if they
would like to do it. It is a sort of mentor program whereby students would
come in to spend a day in the office of each. Towr. Official to learn about town
government. The program would take place sometime in October. The Board
agreed to support it. IV. 5. - STAR *Foundation is an organization that is
MAY 2.6, 1998 301
trying to keep the Millstone nuclear energy plant from re-opening. Justice
Louisa Evans said that she would like to know more about who these people
are. Supervisor Cochran advised that John Raynor is attending the . public
hearing on this matter today, so we will wait and see what he has to report.
IV. 6. - Chief of Police request for credit card. The Town Board said that
they would not like to see anyone have credit cards in the Town of Southold.
10:00 A.M. - Appointment with Edward Forrester, Head of the Southold Town
Building Department. Mr. Forrester advised the Board that the state auditor
has requested that they change the policy of accepting a blank check which is
placed in the file until such time as a complete review is made of the
application and the fee is calculated. There is' a considerable lapse of time
and checks have been returned by the bank unpaid. Mr. Forrester is
suggesting that a flat filing fee be set for an • application which can be
deposited immediately and then the applicant could be notified after their
review of the additional money due. This flat fee should be non-refundable.
The set-up and wording will be worked out and then it will be done.
IV. 7 - ICIB participation. This item will be discussed at 12:00 noon.
The Town Board took a short break from 10:15 A.M. to 10:30 A.M.
10:30 A.M.Appointment Kenneth Reeves, Recreation Supervisor updated the
Board on the Summer Recreation Program. He will be distributing the Summer
Program brochure by 6/4/98. Swimming Lessons will be held at 4 beaches, 2
sessions on each beach. Interviews will be conducted soon for beach
attendants, lifeguards and water safety instructors .A piping plover has
landed on Kenney's Beach. There is a $1,000.00 fine for disturbing them.
They have set up a cage 150 on each side. This is a federal law which must
be obeyed. Ken has updated the Bathing Beach Safety Plan and sent it to the
county as required. Ken said that he is now working on the Fall Recreation
Programs. Al Butler,Athletic. Director, Southold School- is working on getting
involved with other schools on Pro-Star Sport Day Camps.
IV. 8. Fire Marshall position was discussed by the Board. The fire
departments through their Chiefs Council feels that there is a need for -a fire
marshal. John . Cushman gave the Board a copy of the duty statement for fire
marshal. The board said that we should have another building inspector
because a Building Inspector can do both jobs, but a fire marshal cannot do
building inspector work. It was the opinion of the Board that Bob Fisher
should be left on and another Building Inspector should be hired at
approximately $34,0.00.00. The Board agreed that they should move ahead with
hiring another inspector after they get more information on costs and
activity. Also, Supervisor Cochran will contact Tom Fisher to see if he is
interested in part-time building inspector.
11:08 A.M. Appointment - James Bunchuck, Solid Waste Coordinator, S.O.A.R
E H E M Leasing. Supervisor 'Cochran explained that they have been looking
for a way to expand the S.O.A.R. Program. They would like to put a
magnetic can machine at both the Landfill and the Nutrition Center.lt will be
done as a pilot program this year and the funds will go to the S.O.A.R.
program. It is expected to redeem approximately $30,000.00 from the cans:
The machines will pack up everything but tin. It was stated that all of the
clothing that goes into the St,, Vincents clothing box goes for rags. (Resolution
No. 34 was added to authorize the Supervisor to execute an agreement with H
E M Leasing Company). Jim Bunchuck reported that compost heavy with grass
was dumped in 3 .locations in Southold Town. The NYS DEC and the Health
Department are investigating. Ag Bag Update: Jim reported that they have
found some of the equipment they have been looking for at $5,500.00 instead
of $8,000.00. (See Resolution No. 19 authorizing landfill foreman to travel to
Pennsylvania to inspect equipment before purchasing) . Supervisor Cochran
advised that she has had an inquiry from the public asking about a Par 3 on
top of the landfill cover. Tom Maher will be contacted to find out what the
difference in the price will be for capping to allow for this.
On motion by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board enter into Executive Session at 11:35 A.M. for
the purpose of discussing land acquisition.Vote of the Board: Ayes:Councilman
Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman
Hussie, Supervisor Cochran. Also present: Town Clerk Elizabeth Neville and
Town Attorney Gregory Yakaboski.
Executive Session ended at 12:28 P.M.
302 �IZAY 26, 1999
IV. 7. Fred Bender of the Suffolk County Department of Economic
Development Re:: ICIB participation. Mr. Bender stated that this has been
going on for 2 years and they need the Town to make a decision as to whether
or not they want to be included in the program. The program runs for 10
years starting at 50% abatement on business or industrial property anywhere in
the Town. It has recently been amended from $10,000.00 to $50,000.00 under
section 305. The town can identify the type of business they want. It can be
restricted by doing it geographically and . identifying the properties.The Town
of Islip picked Bay shore and West Islip. The Town of Babylon said no to
it. If you have an identified need, you should go for it, but don't create.
one. All of the Board members, with the exception of Councilwoman Hussie,
expressed a willingness to participate in the program. It will be put back on
as a discussion item. IV-9 Future Plans for corner lot (Thompson property).
Jean Cochran would like to begin to organize a laundry list. for the Ryder
Landing sale. IV. 10 Payment for Hepatitis B. Shots. The Board must decide
whether or not to ask our health plan to pay it. It involves a series of 3
shots. Jean will get with our insurance company and with the union-IV. 11 -
Shade Pavillion at Southold Town Beach. This will all be done by volunteer
work by the National Guard. The cost will be $3,390.00. All that is needed is
permission to go ahead. (see Resolution No. 35 budget modification). IV. 18 -
Possible change in prescription carrier. This would result in a savings of
$.15 per prescription. A calendar year savings of $10,500.00. The Board
agreed to this. See Resolution No. 37) IV. 15 - Resolutions for formation of
public utilities for gas and electric numbers 40 & 41 were held.
The Board reviewed the resolutions to be voted upon at the regular meeting to
be held at 7:30 P.M. this evening.
On. motion by Councilman Murphy, seconded . by.; Justice Evans, it was
RESOLVED that the Town Board enter into Executive Session at 1:50 P.M. for
the purpose of discussing land acquisition, personnel, and attorney/client
privileged information. Vote of the Board: Ayes: Councilman Murphy,
Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor .Cochran. Also present Town Clerk Elizabeth Neville and Town
Attorney Gregory Yakaboski.
Executive Session and work session ended at 2:30 P.M.
a
MAY 26, 1998 303
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on May 26,
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 John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: May I have a motion for the approval of the audit
of the bills for May 26, 1998?
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $111,222.36; General Fund
Part Town bills in the amount of $27,642.13; Highway Fund Whole Town
bills in the amount of $6,857.49; Highway Fund Part Town bills in the
amount of $19,561.67; Capital Projects Account bills in the amount of
$11,725.00; Ag Land Development Rights bills in the amount of $5,550.00;
Scenic Byways Corridor Capital bills in the amount of $22,000.00; Employee
Health Benefit Plan bills in the amount of $22,618.01; Fishers Island Ferry
District bills in the amount of $22,997.90; Refuse E Garbage District bills
in the amount of $54,494.45; Southold Wastewater District bills in the
amount of $1,541 .22; Fishers Island Sewer District bills in the amount of
$145.45; Southold Agency E Trust bills in the amount- of $8,447.29; Fishers
Island Ferry District Agency 6 Trust bills in the amount of $159.57.
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: Approval of minutes, May 12, 1998, Town Board
meeting.
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the May 12, 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 next Town Board meeting for June 9,
1998 at 4:30 P.M.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the next meeting of the- Southold Town Board will be held
at 4:30 P.M., Tuesday, June 9, 1998, at the Southold Town Hall, Southold,
New York.
Vote . of the Town Board: Ayes:. Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We have a special presentation for the Greenport
Fire Department Star Hose Company. They just celebrated 100 years of
service to the community, and Greg Riech is here to accept on behalf of
Star Hose.
304 MAY 26, 1998
Moved by Supervisor Cochran, seconded by The Entire Town Board,
WHEREAS, 1998 marked the 100th Anniversary of Greenport Fire
Department's Star Hose Company No. 3, and
WHEREAS, a great sense of pride is felt in the service of all volunteer
firemen, and we recognize STAR HOSE COMPANY for the outstanding
spirit and dedication to the safety of their village for the past 100
YEARS; and
WHEREAS, membership in the volunteer firematic service of a community
is of the highest order, wherein the members not only give of their time
and labors, but also place their lives and welfare in danger for the benefit
of their citizens; now, therefore,-!be it
RESOLVED that the Town Board of the Town of Southold, on behalf of
the residents of Southold Town, hereby commends and applauds STAR
HOSE COMPANY NO. 3 on the occasion of the celebration of its 100th
YEAR, and extends sincere congratulations and continued success in the
future.
Dated: May 15, 1998.
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: Congratulations.
GREG REICH: On behalf of the Star Hose we thank the Town of Southold
for this proclamation. We will display it very proudly in our firehouse. As
a token of our appreciation I would like to give you some journals. It makes
interesting reading, a little history. Thank you, again.
I . REPORTS.
SUPERVISOR COCHRAN: For those of you who have an agenda, they were
out on the front table, and each month different departments or committees
present the Town Board with monthly reports. Today's meeting the reports
are from the Justice Department.
1 . Southold Town Justice Evans' Monthly Court Report for April, 1998.
2. Southold Town Justice Price's Monthly Court Report for April, 1998.
3. Southold Town Justice Bruer's Monthly Court Report for April, 1998.
II. PUBLIC NOTICES. None.
SUPERVISOR COCHRAN: There are no public notices.
III. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we had a letter from Rosemary
McCamish, North Fork Parrish Outreach, thanking the Town Board for
the grant. To Supervisor Cochran and Town Board from Arline Richter,
Kenny's Beach Civic Association, in opposition to the storage facility on
the North Road. A letter to Supervisor Cochran from Anne Lowry, North
Fork Environmental Council, in regard to thanks for grant. A letter to
Rev. Marvin Dozier, Anti-Bias Task Force from the Mattituck Presbyterian
Church, with thank you regarding anti-bia•s incident. Letter to Supervisor
Cochran from Kevin McDonald from Group for the South Fork' thanking
myself, and Councilman Murphy, and Dick Ryan, our Land Preservation
Committee, for appearing before the County , Legislature. A letter to
Supervisor Cochran from Sue Krieling, First Night, thanking us for
the grant, and one from Judith Sherman, Stop DWI Program, with thanks
for presenting an award.
1. Rosemary McCamish of the North Fork Parish Outreach with
appreciation for, the grant money received.
2. Arline Richter, Kenney's Beach Civic Association expressing
opposition to the storage facility.
3. Anne Lowry of the North Fork Environmental Council with
appreciation for the grant money received.
4. Mattituck Presbyterian Church's letter to Rev. Marvin Dozier,
Anti-Bias Task Force in regard to a thank you regarding anti-bias incident.
k
MAY 26, 1998 305
5. Kevin McDonald, Group for the South Fork thanking Supervisor
Cochran for appearing before the Suffolk Legislature.
6. Sue Krieling, First Night '99 thanking the Town for the. grant
money received.
7. Judith Sherman, Stop D.W.I. Program BOCES, with thanks for
presenting award.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: The Town Board has a policy, that if you would
like to address the Town Board on any of the printed resolutions that will
be passed on tonight, then - I would take your input at this time. If you
would like to address the Board on any given Town Board business . then
there is a time slot at the conclusion of business at the end of the
meeting. So, if there is anyone that would like to address the Board in
relation to the resolutions on the agenda this evening now is the time to
come forward.
JOE GOLD: Joe Gold, Cutchogue. I would like to ask the Board on
resolutions 40 and 41, approve formation of electric services, and approve
formation of gas services? Are these resolutions that in fact put in place
two districts for gas and electric?
SUPERVISOR COCHRAN: Our Town Attorney is still working on some
things, and we feel that t-14s W important, so that we have to dot all our
Ps, and cross all our t's, because certainly be it LILCO, be it LIPA,
they certainly have many more resources than the town does in relation to
lawsuits, and so forth. So, we are right now looking at—tonight we will be
taking lead agency on the SEQRA.
JOE GOLD: These will not be approved tonight?
i SUPERVISOR COCHRAN: These will be held. We are hopeful that we can
have some things that came up at the last minute this afternoon in place by
Monday so that the Board can call a Special Meeting, and then take the
action at that time. Right now .there are, still some things. Greg, would .
you like to add to that, or any other Board member, please, feel free. .
LOU BAKER: Lou Baker, Southold. Are we still talking about the utility?
The other folks are not here tonight, and I don't how much of these
questions you folks are familiar with. Shall I ask the questions, or not
bother or what? First, getting hooked with the Village of Greenport, you .
talked about, how did it go? Why hook up with the electric? That don't
make sense.
COUNCILWOMAN HUSSIE: It can be run by the Town, or the Town can
hire someone else to run it.
LOU BAKER: LILCO qualified residents would be hired. Are there a lot of
them in Southold Town?
COUNCILWOMAN HUSSIE: I do know that there some people .that presently
are working for LILCO that live here in town.
SUPERVISOR COCHRAN: I know some that are retired.
LOU BAKER: So do 1. Low rates bring in business, some people . from
Southold Town don't want this.
COUNCILWOMAN HUSSIE: That is not the number one issue, to bring in
business, but certainly it would be helpful to those businesses presently
existing.
LOU BAKER: Fishers Island, what is supposed to be done about that?
JUSTICE EVANS: This will just leave the options open. If the Town Board
finds the electric company is a better way to go. Basically it would be
whether it would make sense to have it over there. Our rates are higher
than your rates. They have their generators.
306 N1AY 26, 1998
LOU BAKER: So, they don't have a cable from Orient to Fishers Island? .
COUNCILWOMAN HUSSIE: We put in every possibility.
COUNCILMAN ROMANELLI: Before any of this could happen. It can not
happen without a public referendum, so you will have to vote on it, before
we go forward, and. actually get moving on it. We talked about this today
in the work session. We have to get to a point where we, when it comes up
for referendum, we would try to have many educational process meetings on
how we are going to do it. We will look at the numbers, actually get the
true numbers. Would it be cheaper to buy the pole, or put new poles? So,
before the public votes on it we have to have a good series of educational
meetings.
LOU BAKER: It says in there about buying one substation. Does anyone
know which one they are thinking about buying?
COUNCILWOMAN HUSSIE: . I think it is the one by Greenport?
LOU BAKER: I don't know. I am asking you. Are talking about the one
between Greenport and Southold?
COUNCILWOMAN HUSSIE: On the border of Greenport and Southold?
LOU BAKER: Down in back of what used to be Drossos:., going to buy
that one. You are talking about changing from the present 13,000 volt
system, and going back to 4,000 volt system. Does anybody know anything
about that? As I said before, some of the problems aren't here. What
about Plum Island? They get it out of Orient now.
COUNCILWOMAN HUSSIE: They would be part of it.
LOU BAKER: They are going to buy from Southold Town. In Southold,
that is where the gas turbine is that is run by LILCO now. When they run
the gas _turbine down there, it uses 600 gallons of fuel per hour. That is
not really a cheap way of generating electricity.
COUNCILWOMAN HUSSIE: Isn't that a backup generator?
LOU BAKER: Yes, but it don't matter if it is backup, or whatever.
COUNCILWOMAN HUSSIE: The thing is, we hope we won't have to backup
anything,. the electricity will come through, and, everything is going to be
exactly right. You know, Greenport doesn't have any problems.
LOU BAKER: That's true, but they also have a nice little one square mile
area, and they can't go too far wrong. The Board of Commissioners or
whatever, how does that get started? How do you do that?
COUNCILWOMAN HUSSIE: That would be a situation that has to decided
between . the time we establish and we actually—you vote on it in the
referendum. It could be a Board of Commissioners appointed by this Board,
or it could be a board elected. It could be a variety of things. It just
has to be someone who is minding the store, and dedicated to minding the
store.
COUNCILMAN ROMANELLI: We are just trying to keep our options open on
everything we are doing. We don't have all the answers. There is' a lot of
researching to be done, a lot of engineers to be talked to. Did you work
for LILCO? People like you we have to talk to.
COUNCILWOMAN HUSSIE: You probably know the answers to those
questions, some of them.
LOU BAKER: I know what I would do, but I don't know what everybody
else wants. Talking about line foremen, the crews, you have four line
foreman, and _four first class lineman, and two to four second class 1ineman.
The four senior, what do you call them, four foreman, would they be
working foreman? Do they go out and work, or do they just sit around?
MAY 26, 10,98 307
SUPERVISOR COCHRAN: Bake, I think what we have to do is, so that you
get a complete overview, is the Town Board after our meeting • will be
discussing when we can have this special meeting, and pass a resolution.
But, before any referendum is held, that we have informational meetings,
so that every question is answered, everything anyone wants to know is
put right out`-.front. Okay?
TOWN ATTORNEY YAKABOSKI: Every time we think we have it we find
something that we still question ourselves.
COUNCILWOMAN HUSSIE: We try to make it litigation proof.
COUNCILMAN ROMANELLI: We don't want to get sued, or stuck in
something that we are sorry we got into two years down the road. We *are
going to research it. That is why the attorney keeps on stopping us.
LOU BAKER: One more thing, yesterday was Memorial Day. I went by here
three or four times that morning. The American flag was in full staff, as
opposed to being half staff where it should have been. Now, if the Town
Board can't do that, how are you going to run an electric utility?
SUPERVISOR COCHRAN: Mr. Baker, is that a really fair statement? I will
have a memorandum for the custodians. We try to be so very careful.
While -we are talking flags I would remind everyone in the viewing audience,.
and those here this evening, that Flag Day is coming up June 14th, and
hopefully you will display your flag for Flag Day. I rode the length of
Southold Town last year I believe it was, and counting from the boundary .
in Laurel to Boisseau .Avenue where I turn off there were 30 some odd
flags along the Main. Road, and half' of them where are gas stations, so we
try to encourage everyone to fly their flags June 14th. Are there any
other questions on resolutions? (No. response.) If not we will proceed with
resolution number one.
1 .-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize
and direct Supervisor Jean W. Cochran to execute an agreement with the
following individuals for the summer 1998 recreation programs, all in
accordance with the approval of the Town Attorney:
Eugenia Cherouski (folk dancing)................................................. $20/hour
Shirley Darling (tennis).............................................;.................... $20%lass
Lauren Egan (Adult CPR)...........................................................:.. $50/person
(Pediatric CPR)......................................................... $35/person
(Recertification)........................................:.............. $25/person
East End Insurance Services (Defensive Driving).......................... $35/person
Tom Fox(Cartoon Drawing)........................................................... $24/class
Rose Gatto (cooking & English).....................................:............... $20/hour
Carol Giordano (Baton)................................................................... $20%lass
Dalia Gorman (Yoga)....... .............................................................. $30/hour
DavidHaurus (golf)......................................................................... $37.50/person
Hidden Lake Farms (Horseback Riding)......................................... $165/person
Mattituck Lanes (Bowling)............................,.................................. $32/person
Mary Mulcahy.(horseback)............................................................. $140/person/week
$30/person/day
Katharine Mysak (creative.writing)................................................. $18/hour
Martha Prince (Aerobics).......................................................:...... $20/hour
Riverside Gymnastics................................................................... $75/person
Southold Town Landmark Preservation Committee (old houses) $41/person
Yola Van Huele (ballroom dancing)............................................. $20/hour
Chris Vedder (golf)....................................................................... $37.50/person
Dorothy Wolf(bridge)................................................................... $25/hour
1 :-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, ouncilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor C�chran.
This resolution was duly ADOPTED.
308 MAY 26, 1998
2.-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 budget as follows:
To:
Revenues:
A.2705.40 Gifts & Donations
Other gifts E Donations $ 400.00
Appropriations:
A.1010.4.600.775 Town Board, C.E.
Anti-Bias Task Force $ 400.00
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 Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
A.1620.2.200.100 Buildings & Grounds
Capital Outlay
Land Acquisition $ 172,500.00
From:
A.9015.8.000.000 NYS Police 8 Fire Retirement
Employee Benefits $ 172,500.00
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 Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Recreation Supervisor Kenneth Reeves to take a 10 hour
National Playground Safety Institute Certified Playground Safety Inspector
Training Program, to be held at Huntington, New York, on December 9, &
10, 1998, and the cost of the course, exam, and textbooks $373.00 shall be
a legal charge to A7020.4.600.200 Meetings and Seminars.
4--Vote of the Town Board: Ayes: Councilman Murphy,- Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman ' Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
S.-Moved by Justice Evans, seconded by Councilman Murphy, It was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 Budget as follows:
To:
A7020.4.400.200 Meetings & Seminars $200.00
From
A7020.4.100.150 Youth Program Supplies $200.00
5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
6.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
establishes the following 1998 pay schedule for Lifeguards and Beach
Attendants:
STEP NUMBER LIFEGUARD SALARY BEACHATTENDANT
PER HOUR SALARY PER HOUR
1 $7.50 $6.00
2 $7.75 $6.15
3 $8.00 $6.30
4 $8.25 $6.45
5 $8.50 $6.60
t
MAY 26, 1993 309
6 $8.75 $6.75
7 $9.00 $6.90
8 $9.25 $7.05
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 Councilman Romanelll, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Southold Town Beach Attendants to be supplied with a petty
cash fund in the amount of $34.50. per Beach Attendant, to enable them to
make change due to the tax that is charged for each permit; check in the
amount of $280.00 to be made payable to Recreation Supervisor Kenneth
Reeves; charge to be made to A210, Petty Cash.
!.-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. Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the issuance of, free beach parking permits to the following beach
personnel: Water Safety Anstructors, Beach Attendant; Lifeguards, Beach
Managers, and Recreation Supervisor Kenneth Reeves. '
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 Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the ' Town Board of the Town of Southold hereby
authorizes a reimbursement of $.30 per mile to Southold Town Beach
Managers and Lifeguards acting as rotating Lifeguards (Lifeguards who
drive from beach to beach giving other Lifeguards a 15-25 minutes break).
9.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, . Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
10:-Moved by- Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southo!d hereby
authorizes the closure of Cases Lane, Cutchogue, from 7:00 A.M. to 5:00
P.M., Saturday, July 4, 1998, in the interest of public safety, L during the
Cutchogue-New Suffolk Historical Council's Annual Antique Show and Sale
on the Cutchogue Village Creen, provided they file with the Town Clerk a
One Million Dollar Certificate of Liability Insurance naming the Town of
Southold as additional. insured.
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 Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
with regret the resignation of Mark Cagen, member. °of the Southold Town
Anti-Bias Task Force Committee, effective July 1, 1998.
11 .Vote of the Town Board: . Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
310 MAY 26, 1998
12.-Moved by Councilman Romanelli, 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 member
of the Southold Town Anti-Bias Task Force, to fill the unexpired term of
office created by the resignation of Mark Gagen, effective July 1, 1998
through October 30, 1999.
12.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Rescinded June 1 , 1998 REsol. # 3
13.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Megan Gallagher, Kirsten Unfried, Katherine Holbrook, and
Lasser O'Callaghan as Technicians under the Fishers Island Safe BTI
Mosquito Control Program, effective May 16, 1998 through October 10, 1998,
at salary of $6.50 per hour; total expenditure not to exceed $8,500.00 for
1,998.
13.-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 Justice Evans, seconded by- Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute a Jease
agreement the Town of Southold and Randall J. Feinberg for winter
storage of equipment for the periods of December 1, 1997 through April 1,
1998 and December 1, 1998 through April 1 . 1999, at a rental of $500.00
per month, not to exceed $2;000.00 per year, said agreement all in
accordance with the approval of the Town Attorney.
14.-Vote ' of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Number 15 and 16, in reference to maintaining and servicing landfill scale,
are put on hold.
17.- Moved by Councilman Romanelli, 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 bids for the repair
of the incoming landfill scale.
17.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
18.- Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Solid Waste District 1998 budget as follows:
Amount From To
$2,500 SR8160.4.400.670 SR8160.4.400.660
(Mack Quarry Truck Repairs) (Forklift Repairs)
$ 750 SR8160.4.400.670 SR8160.4.400.700
(Mack Quarry Truck Repairs) (Equipment Rental)
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 Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize
and directs reimbursement payment of mileage expenses for landfill
foreman's travel to Pennsylvania for inspection of equipment prior to
purchase, for the Solid Waste District.
19.- Vote. of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
MAY 26, 1993 3 1 . 1
20.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the use of a town vehicle for a' second trip to Pennsylvania for
the purpose of inspecting equipment prior to purchase, for the Solid Waste
District.
20.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
21 .-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to James Bunchuck Solid Waste Coordinator to attend a one day
Seminar on food scrap composting sponsored by .the Cornell Waste
Management Institute at Newburgh, New York, on June 10, 1998, and the
necessary expenses for travel and meals shall be a legal charge to the Solid
waste District 1998 budget.
21 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
. 22.-Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous
Surface Treatment Liquid Asphalt Grades MC-250 and RC-250 ("Oil E
Sand") with-in the Town of Southold, as follows:
Mainland Fishers Island
Bituminous Surface Treatment - Liquid
Asphalt 50% RC-250 8 50% MC-250 with
screened sand
$.85. per sq. yd. $1 .75 per sq. yd.
Schim Mix Asphalt Concrete - Type 5
$51 .00 per ton $100.00 per ton
Fog Coat; Liquid Asphalt 50% RC-250
& 50% MC-250
$1 .00 per gal. $1 .00 per gal
22.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
23• Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous
Surface Treatment Liquid Asphalt Grad RD-250 and 1A Stone ("Oil 8
Stone") within the Town of Southold, as follows:
Mainland Fishers Island
Bituminous Surface Treatment - Liquid
Asphalt Grade RC-250 & 1A Stone
$1 .02 per sq. yd. $2.02 per sq. yd.
Schim Mix Asphalt Concrete - Type 5
$49.00 per ton $49.00 per ton
Fog coat: RC-250 Liquid Asphalt
$1 .00 per gal. $1 .00 per gal.
23.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
24.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous
Surface Treatment Liquid Asphalt Grades RD-250 8 MC-250 ("Liquid
Asphalt") within the Town of Southold, as follows:
Mainland Fishers Island
$1.75 per gal. $2.05 per gal.
24.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
312 MAY 26, 1998
25.-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold. hereby accepts
the bid of Corrazzini Brother.%,: Inc. for furnishing and placing Hot Mix
Asphalt Concrete Pavement - Type 5 Shim, Sand Mix Asphalt with Tow of
Southold, as follows:
Mainland Fishers Island
0-350 tons
$65.00 per ton $110.00 per ton
350-650 tons
$55.00 per ton $ 75.00 per ton
650-1,000 tons
$49.00 per ton $ 75.00 per ton
Over 1,000 tons
$49.00 per ton $ 65.00 per ton
25.-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 Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED. that the Town Board of the Town of Southold • hereby accepts
the bid of Corazzini Brothers, Inc. for furnishing and .placing Hot Mix .
Asphalt Concrete Pavement "Type 6 Top" within the Town of Southold, as
follows:
Mainland Fishers Island
0-350 tons
$57.00 per ton $120.00 per ton
350-650 tons
$55.00 per ton $ 85.00 per ton
650-1,000 tons
$55.00 per ton $ 75.00 per ton
over 1,000 tons
$50.00 $ 75.00 per ton
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 Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for the furnishing and placement of
Bituminous Surface Treatment - Asphalt Emulsion Grades RD-2 with 1A
Stone ("Emulsions E.Stone") within -the Town of Southold, as follows:
Mainland Fishers Island
Bituminous Surface Treatment - Asphalt
Emulsion Grades RD-2 with 1A Stone
$1 .00 per sq. yd $ 1 .90 per sq. yd.
Schim Mix Concrete - Type 5
$1 .00 per gal. $ 99.00 per ton
Fog Coat: Asphalt Emulsion Grand RD-2
$1 .00 per gal. $ 1 .00 per gal
27.Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
28.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for the furnishing and placement of
Bituminous Surface Treatment - RC-250 Liquid Asphalt ("Oil & Recycled
Stone") within the Town of Southold, as follows:
Mainland
Bituminous Surface Treatment - Liquid
Asphalt Grade RC-250 6 Recycled Stone
$.75 per sq. yd.
Schim Mix Asphalt Concrete - Type 5
$50.00 per ton
Fog Coat: RC-250 Liquid Asphalt
$1 .00 per gal.
MAY 26, 1998 313
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 Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Shawn Bowden, a high school student, to work as a volunteer without
pay, as an intern in the Supervisor's Office, after school and full-time
during the summer months, effective May 28, 1998.
29.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore,-! Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
30.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
establishes the following budget for the 1998 Consolidated Highway
Improvement Program:
Revenues:
DB1 .33501 .00 State Aide
.Consolidated Highway Aid $ 220,367.84
Appropriations:
D131.5112.2.400.905 Consolidated Highway Improvement
Capital Outlay
Highway'Resurfacing/Reconstruction $ 220,367.84
30.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Number 31, creating a position of Senior Citizen Program Supervisor and
establishing pay scale, was held.
32.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board 'of the Town of Southold hereby allocates
$2,500.00 to the Greenport Schools for the summer recreation program,
under the 1998 Grants Program..
32.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
33.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby goes on
record in support of the OLD HOUSE SOCIETY in its application for a
matching grant under the New York State Environmental Protection Act of
1993 to repair and restore this architectural treasure, subject to the
approval and the review of the grant application by the Town Attorney.
33.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
34.-Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Supervisor Jean W. Cochran to execute an agreement between the
Town of Southold and the H E M Leasing Corporation of Copiague, New
York, for a textile recycling program at the Disposal Area and the Human
Resource Center, all in accordance with the approval of the Town Attorney.
34.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
314 MAY -26, .. 1998
35.-Moved by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED that, the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
Revenues: ,.
A.2025.00 Special Recreational Facilities
Park & Playground Funds $ 3,390.00
Appropriations:
A.7110.2.500.350 Parks
Equipment
Beach Impr6vements $ 3,390.00
35.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran. m
This resolution was duly ADOPTED.
36.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED• that the Town Board of the Town of Southold hereby directs
that each and every individual or entity filing a tax grievance contesting
their real property assessments for the 1998-1999 tax year are not required
to affirmatively complete, as part of the tax grievance procedure, the
"Applicant Transactional Disclosure Form" as develo°ed by the Board- of
Ethics. However, all applicants are still required to comply with the Code
of Ethics of the Town set forth in Chapter 10 of the town Code, and more
specifically, section 10-18-1 of the Town Code and fully disclose any
conflicts of interest. ,
COUNCILMAN MOORE: Before we go on, Greg, would you explain briefly.
TOWN ATTORNEY -YAKABOSKI: Resolution #36, the Code of Ethics has
adopted the Applicant Transaction Disclosure Form, and Tax grievances
which were brought before the Board of Assessment Review I believe one of
them had the Applicant Transaction Disclosure Form. There was a concern
that that would be an intricate part of the application, that perhaps these
grievances be desist rather than denied which would severely prejudice the
applicants. That is 'why this resolution has. been adopted. Transaction
Disclosure Form is simply a form that applicants are required to .fill out.
It puts a burden on the applicant to disclose any potential conflict of
interest that the applicant might have.
COUNCILMAN MOORE: We will be looking at that. We had a conflict within
the Ethics Code created by Local Law. That Local Law made reference to
applicants providing certain information to disclose whether they had
conflicts with people who were going. to be hearing that, whether it was his
own Board, the Planning Board, or otherwise. The form that we generated
was adopted by a resolution. So, everyone that did a grievance against
their tax assessment this year didn't know about the necessity of having
this Applicant Disclosure Form. Every application came in did not include
that. If we took the tough line position we could throw all the grievances
out, and say, that was a part and parcel of the application, you don't have
it, the grievance is dismissed. We are not going to do that. We are going
to get this out, and give notice that everyone that is doing this knows they
have to fill this form out.
36.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
37.- Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the change in prescription carriers from PSC to Gen Plus
Managed Care, Inc., effective August 1, 1998.
37.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
MAY 26, 1998 315
38.- 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 re-advertise for a member of the
Ethics Board Committee, in both the Suffolk Times and the Traveler
Watchman.
38.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman - Moore, Justice Evans; Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
39--Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs that the Town Clerk advertise for a member of the
Conservation Advisory Council for a two (2) year term of office from June
18, 1998 to June 18, 2000.
39.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
40.-Moved- by Councilwoman Hussie, seconded by Councilman Moore,
WHEREAS, the Town Board of the Town of Southold is proposing to
create, own and operate a municipal electric utility service by resolution
of the Town Board subject to a mandatory referendum pursuant to Section
360 of the General Municipal Law; now, therefore be it
RESOLVED that the pursuant to Article 8 of the Environmental
Conservation Law, State Environmental Quality Review Act, and 6
NYCRR617 et.seq., and Chapter 44 of the Code of the Town of Southold
the Southold Town Board will - conduct an uncoordinated review of this
action and declares itself to be the Lead Agency.
40.-Vote of the Town Board: Ayes: Councilman .Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
41 .-Moved by Councilman Murphy, seconded by Councilwoman Hussie,
WHEREAS, the Town Board of the Town of Southold is proposing to
create, own and operate a municipal gas utility service by resolution of the
Town Board subject to a mandatory referendum pursuant to Section 360 of
the General Municipal Law; now, therefore, be it
RESOLVED that pursuant to Article 8 of' the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR617 et. seq.,
and Chapter 44 of the Code of the Town of Southold the Southold Town
Board will conduct an uncoordinated review of this action and declares
itself to be the Lead Agency.
41 •-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
42.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
RESCINDS Resolution No. 2 of the March 18, 1998 Special Meeting of the
Southold Town Board which reads as follows:
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Don Patanjo Cesspool Service Corporation, Brookhaven, N.Y.,
at the price of $.04 per gallon to remove, transport `and dispose of
2,020,000 gallons of scavenger waste from the Southold Scavenger Waste
Treatment Facility to an approved disposal location between April 1, 1998 to
December 31, 1998 and $.04 per gallon between January' 1, 19999 to
December 31, 1999; and be it
FURTHER ' RESOLVED THAT Supervisor Jean W. Cochran be , and she
hereby is authorized and directed to execute a contract between the Town
and Don Patanjo Cesspool Service Corp. to accomplish the removal,
transportation, and disposal of scavenger waste from the Scavenger Waste
Treatment Facility, all in accordance with the approval. of the Town
Attorney.
• 42.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
316 MAY 26, 1998
43.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby rejects
all bids on the Scavenger Waste Removal and authorizes and directs the
Town Clerk to re-advertise for bids for removing and transporting and
disposing of scavanger waste from the Southold Town Wastewater
Treatment Facility.
43.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
44.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby goes on
record in opposition to the restart of the Millstone Unit 3 Reactor because
of its close proximity to Eastern Long Island and the ominous threat it
poses to Long Island residents.
SUPERVISOR COCHRAN: Just a word of explanation on this one. As you
may or may not know, Congressman Forbes held hearings this morning on
this topic, and in addition to us going on record as to opposition of the
starting, I believe Southampton, Easthampton, and Riverhead are, also,
on record as opposing, and the County is concerned.
44.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
45.-Moved by Justice Evans, seconded by Councilmen Murphy, it was
RESOLVED that the Town Board of the Town of Southold authorizes the
Anti-Bias Task Force to place an advertisement in the Suffolk Times ON
June 4, 1998 for a fund raiser !'Motown Dance" to be held on June 6,
1998 at a cost of $205.00.
45.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
46.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold grants
permission to Supervisor Jean W. Cochran, Valerie Scopaz, Planner, and
one member of the Planning Board to attend the "Ferry Services in the
Region - Focus Long Island . Sound, A Metropolitan Planning Forum" at
Bridgeport, Connecticut on Friday, June 5, 1998, and the necessary
expenses for registration, travel and meals shall be a legal charge to the
Supervisor's and Planning Board 1998 budget.
46.-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: That is the end of resolutions. At this time we
will take comments from the audience on any Town related business.
HOWARD MEINKE: Howard Meinke speaking actually for myself. and
North Fork Environmental Council. The Jim Cray building that has caused
a great amount of discussion in the past couple of weeks, and started with
the .Architectural Review Board, and the Planning Board, and then it
advanced to the fact that there were various Zoning Board of Appeal
actions that did things that were beneficial to the Jim Cray project, and
then . people said; well, I wasn't officially noticed, and that became
somewhat of an issue, and I am not sure how that turned out. I guess this
has come up a little bit, but I think. .what I am about to say is I feel it
is atrocious, and something should be done about it. The Town Code has a
Section Chapter 58 Notice of Public Hearings, and it says, provide notice of
public hearings. It talks about putting notices in the newspaper. It talks
about erecting a sign on the premises. It talks about notifying your
neighbors, left and right, and across the street by registered mail, and
having a return receipt, etc. All very logical. That was adopted by the
Town Board on 12/27195, Local Law #25 - 1995, amendments noted where
applicable. I don't see anything in my copies that said, there was an
MAY 26, 1998 317
amendment. However, if you go into the zoning part of the Code Book you
come upon Notice of Hearing amended 12/27/95 by Local Law 25 - 1995, the
same date, the same law, looks like it was simultaneous with #58. It is
called Section 100-275. It says, in all cases where the Board of Appeals is
required to hold a public hearing notice shall be provided pursuant to
Chapter 58, put it in the papers, send the registered mail, put up the
sign, notify the neighbors, do all that. In lieu of complying with some of
those provisions if you get waivers from the neighbors that they don't have
to get the registered letter, that is okay. Then it says, failure to comply
with the provisions with this section shall not effect the validity of any
action taken by the Board of Appeals. Now, that sort of sounds like the
Judge Price amendment. Sounds to me as though that means could notify
nobody, having the hearing on Christmas Eve, and do whatever sort of
damage you want to do. Unless there is something here I don't understand
it is an absolutely stupid thing to be in the Town Code, and the Code
Committee and the Town should get cracking, and get the hell out of
there. Thank you.
SUPERVISOR COCHRAN: Thank you for your comments. Bernie?
BERNARD HEINISCH: I would like to commend the Town Board on their
swift action in attempting to eliminate the composting odor on the North
Road, on 48, opposite the proposed two story metal storage buildings to be
built by the Crays. I would also like to commend Mrs. Cochran for donating
$500.00 towards the best and worse on County Road 48. The worse being
the buildings of construction equipment and precast .concrete sections on
the south side of 48, where the four lane highway starts in Mattituck, as
mentioned in the Southold Traveler several weeks ago. Let's look further
east in Southold hamlet on the south side of 48. The old Kevin Knobloch
property next to the lawn mower repair, property zoned residential. Large
earth moving equipment, trailer trucks, and etc., and the sign on the
building indicates Latham Sand and Gravel. This is residential zoned
property. Why is this allowed? Is this one of the next lots to be, rezoned
business or light industrial? Again, going east on, 48, on the south side of
48 on the corner of Ackerly Pond Road large signs Sound Shore
Excavating Company, concrete cesspool sections, trailer trucks, bulldozers,,
earth moving equipment, truck and crawler cranes. with their booms sticking
in the air at least 30 feet high. This is limited business zone. According
to the Planning Board this is not allowed. Is something going to be done?
Zoning wasn't a secret when these properties were purchased. They knew
the Zoning Code. Now, further east on 48 is the new proposed asphalt
jungle, the Cray property. Why did the Board of Appeals grant the
appeals? Their reasons, I quote, the width of these buildings, a, b, and
c, are smaller than those existing in the neighborhood. That statement is
false. Only one building is wider. It is Lucas Ford dealership. It is half
the size. The property north is business offices, and retail establishment.
This statement is also false. There is no other feasible alternative for
the applicant to pursue. This is also false. The portion regarding a
variance have higher standards than those generally existing in this
vicinity. This is false. Metal storage buildings, is this a higher
standard? The width and a variation is less than existing in the immediate
area. False. These buildings are wider, larger, than any other building in
the area. You, the Town Board, refuses to do anything, because the ZBA
is autonomous, or should we call the ZBA, the untouchables, or do all these
cases that I just spoke about have the good old .boy system? The smell of
the compost you showed some action, because the smell went with the wind,
but the proposed asphalt jungle, and other illegal uses on 48 is in our
backyard, not yours. Thank you.
ANTHONY COUTSOUROS: Anthony Coutsouros, 1125 Tuckers Lane. I
haven't had an opportunity to come here on other occasions to voice my
opinion, also, on this project on 48. I, also, now that I thought about it
look around a little more, I have noticed that a lot of these Morton shacks
are going up all over the place, or these type of buildings. You know, we
held McDonalds to a higher standard. I think all the commercial property in
this town should be held to a higher standard to beautify the community in
our area. We have a. tremendous asset. It is the last beautiful place on
Long Island, and you have done a good job in trying to maintain that, but
I think we should really take a look at all this commercial property that is
going up now, like the gentleman said, on 48, it really is going to be
ragtag. I mean you allow that building to go up next to the red roof. You
318 MAY 26, 1998
know the red roof is all breaking. It looks very nice, and everything.
There's a Morton building just about 3/4 of a mile east of it.
SUPERVISOR COCHRAN: By the Landfill?
ANTHONY COUTSOUROS: No, not by the landfill. Where the red roof
is. About 3/4 of a mile east of that on the north side. There is a .like
Morton size building there. I think in a lot of areas, you know they
require 25% masonry on any project. A standard like that would definitely
approve the appearance of all these buildings. Any type of storage
projects that they want to put up, you know, should be like Lucas, you
know a ways off the Main Road where people really can't see it. Also, you
know, you are supposed to have a Master Plan. You know, just give you an
example, in an area like Carden City to the west, I mean when that area
was developed there was a Master Plan. They had a commercial area, light
commercial, heavy commercial, and business district, and then it had all
it's residential. I don't see a plan like that here. To take and say, this
will be the area for heavy commercial property like Corazzini, and
whoever else wants to have that heavy, ugly equipment, or even your
place, an oil storage facility. I mean, as this town grows even that
property is not looking too good across from the railroad tracks. So, I am
just saying, you know.
COUNCILMAN ROMANELLI: Where do you go?
ANTHONY COUTSOUROS: Well, the Town should have a special area at
least 300 feet of a road.
COUNCILMAN ROMANELLI : Farmland.
ANTHONY COUTSOUROS: We have farmland, but we have to cut a
commercial area, because commercial people do have to have a place:
COUNCILMAN ROMANELLI: That's it. Farmland is what it is boiling -down
to.
ANTHONY COUTSOUROS: It shouldn't be on a road where people can,
see 'it. That is all I am trying to say.
SUPERVISOR COCHRAN: We do have a Master Plan that was put in place
in the late '80s, and part of the theory at that time was you had the
different hamlets, be it Creenport, Southold, Cutchogue, or Mattituck, and
rather than run east and west, and have everything in a strip the concept
at that time was to run north and south, so that you will see on the Master
Plan, and the zoning, that behind each hamlet is the availability of
business, behind each hamlet on 48. In between is the open space and the
farmland.
ANTHONY COUTSOUROS: As I said before, McDonalds was held to a
high standard, and I don't think too many people object to the way that
property looks today. I think that should be the goal. Try and get all the
properties to look something like that, even upgrade the properties that are
here. Thank you.
SUPERVISOR COCHRAN: Thank you. Yes, ma'am?
MYRA STECMAN: My name is Myra Stegman. I have heard you say on
many occasions, that your philosophy is for Southold to maintain some of
it's beauty by conserving it's natural resources, and most particularly it's
open spaces. The people coming through Southold are mentioned. as the
beneficiaries of such. The people using Oaklawn Avenue deserve at least
this, if not more. These people use Oaklawn Avenue in their every day
lives, and the numbers are large. On a summer day as many as 200 cars an
hour have been clocked on this road. The thoughtless destruction of the
trees on Oaklawn Avenue is causing them great concern. I fully realize
that the Southold Town Board has no jurisdiction over the school grounds,
and they are not required to file a site plan. Who makes these decisions
which rob Southold of it's beauty, and at taxpayers' expense? In Southold
our houses are set back from the road for a reason, to preserve it's rural
atmosphere. Southold School Board should do the same. Throughout
schools commemoration of Arbor Day teaches our children to appreciate
MAY 26, 1998 319
trees. How sad that the same school lose sight of this by destroying those
beautiful gifts of Cod. We all want Southold to be beautiful, and an
asphalt urban-like parking lot under our noses does not fill the bill.
Protest marches, placards, petitions, etc. is not the way to handle this.
We therefore feel that you as our Supervisor should use your position, act
in our behalf to assure that these simple basic considerations are adhered
to. Help restore Oaklawn Avenue to it's former beauty, and I also agree
with the gentleman who just spoke. Planning has to be enforced in order
that we do not have anymore of these horrors. Thank you.
SUPERVISOR COCHRAN: If I may, I perchance had the opportunity to see
the plans of the new school, and as I was viewing them, they had come in
with another request in relation to would the Town give funds for their
playground? Well, if I had $25,000 1 would give it to my own recreation
department, because he gets $2,000 to develop programs for our young
people. As I looked at the plans I questioned the Superintendent of
Schools. I said, what are you doing along Oaklawn Avenue? Well, we are
going to remove that, and that is where the parking is going to be. You
know, and I know, how many people go down Oaklawn on a given day. It
is everybody down Bayview. We are used to the open vista. Knowing a
building is going to change some of this, I certainly didn't expect to see
parking along the highway. In addition to the visual 1 was concerned with
the road runoff, because it does slope down hill, down towards the creek.
So, that was another concern. You are 100% right. The Town Board does
not have any jurisdiction whatsoever over a school district in relation to
this building. There is nothing we can do. They do not apply for any
permits, or anything else. What I did offer was that our Planning Board
would be willing to give some input as to the site in the way it was being
planned to perhaps soften this effect. It is a matter of, how can I say this
nicely? I don't want to start war with the school, but they are wrong on
this particular issue in the way they are destroying, and have done that
along there, and they said, well, everyone had the opportunity, according
to the School Superintendent, everyone had the opportunity to come to the
hearings. I said, I didn't come to your hearings, but this i,s the first I
have seen the plan and I am just making a suggestion. I said that when
you start to dig up these trees, and start to develop you are going to hear
from the neighbors, and they are going to be .very upset. I said, we see
the same thing as a Town Board. Something will be going on, be it Jim
Cray up there, or whoever, and until it comes. down to the wire we don't
really hear from the community, and the same thing over there. She hadn't
heard from anyone, so it is fine. What you have to do is go over to the
School Board, and raised Billy be damn over there, because we have no
jurisdiction.
MYRA STECMAN: I don't feel ,it is encumbered upon me. I read to you
on behalf. . .
SUPERVISOR COCHRAN: The Town can't do it.
MYRA STECMAN: You come down Oaklawn Avenue where there is not
just me, and I do not to resort to, as I mentioned here, protests, and
placards. That is not a civilized way to handle this. You are our
Supervisor, our representative.
SUPERVISOR COCHRAN: We have offered, and our Planning 'staff has sat
down with them on two occasions. We are trying. .
MYRA STECMAN: Are you telling me, there is one person sitting over
there, and they are making these decisions?
SUPERVISOR COCHRAN: The School Board, that is their jurisdiction.
MYRA STECMAN: There are only four people on the School Board.
SUPERVISOR COCHRAN: Co, and present your case to the School Board.
You are presenting it to us.
MYRA STECMAN: No, but at least you are listening to me. They do not
listen at all. I have been there.
320 MAY..26, 1998
COUNCILWOMAN HUSSIE: Mrs. Stegman, I was concerned, as I am sure
everybody else on the Board is about that plan over there, and in deed
before they started taking down the trees, and before they started moving
dirt around 1 did talk to two of the School Board members. . Kind of
attacking them the same way one of them has attacked this Board, you
know. Why are you doing such and such? The answer was some attitude
about, well, we will look into it. I tried. There were things, not only
with the removal of the trees, but also the way the lights were going to
come down, as I said to these School Board members, those lights are going
to come straight into the homes right opposite that parking lot.
SUPERVISOR COCHRAN: That was another point made, because, again, we
have no jurisdiction over their site plan.
COUNCILWOMAN HUSSIE: We did try, but, again; realizing that they can
just say. .
MYRA STEGMAN: Isn't that a pretty sad state of affairs in our town,
that we can have one or two people to do this to us?
COUNCILWOMAN HUSSIE: I agree.
BERNARD HEINISCH: I would like to make a statement, if I may? The
attorney can check into this. Coming from the school districts, I have had
to file plans in the local township by Education Law, showing them exactly
what we were going to do, where the parking facilities were, where the
drainage was, and so on. This is in the Education Law. If they didn't do
it, then perhaps your Town Attorney can do something. This is in the
Education Law. That much I know. It is in their planning standard. They
are obligated.
SUPERVISOR COCHRAN: I will double _check it.
JOE GOLD: This is om land acquisition. Dick Ryan appraisals in
Executive Session I was Chairman for three years, and we purchased. We
went through a lot of steps setting up land preservation. Never once were
we involved in Executive Session. Has something `changed?
COUNCILMAN ROMANELLI : How much land dial you buy? Again, it goes
down to negotiation side of it, to find out what land is what, what it is
valued at.
JOE GOLD: We did most of the appraisals that have been bought now,
were authorized within the last two years. What is the justification for
Executive Session on land preservation?
COUNCILMAN. ROMANELLI: When you negotiating the value of land, and
the dollar value. . .
JOE GOLD: I don't argue the point, but. .
SUPERVISOR COCHRAN: Let me clarify since we are getting into the
political realm here. We made an offer. Okay? And it was to discuss a
counteroffer, or to look at the person not accepting the offer, which we
had presented. That's what we discussed in relation to that particular
thing with Dick Ryan. We also discussed the acquisition of land,
Thompson's, and the sale that we are selling Ryder's Landing. Those are
the. other topics that were discussed.
JOE GOLD: Ryder's sale was discussed at . an open .Board meeting: The
price was discussed.
SUPERVISOR COCHRAN: Yes.
JOE GOLD: The only point I am making. I don't think it is 'getting across.
The point I am trying to get across is, that these labels immediately raise
antennas.
SUPERVISOR COCHRAN: The next time we make a motion, or move within
our Work Session to go into Executive Session, we will perhaps. .we could
perhaps define.
MAY 26, 1999 321
JOE GOLD: Personal matters do not fall into Executive Session unless a
particular person is involved.
COUNCILWOMAN HUSSIE: All of- these Executive Sessions when we do move
to go into Executive Session, we do state the reason, and you could
probably check with the Town Clerk, because she make a note of that.
JOE GOLD: Wouldn't it be so much simpler to just put it here, and then
you wouldn't have to listen to it?
COUNCILWOMAN HUSSIE: We like to listen.
FRANK WILLS: Frank Wills, Mattituck. This gentleman hit on a good
point. How come there are so many of us here. I will confess. I only woke
• up about this last Saturday. (Unintelligible)
COUNCILMAN MOORE: Try to build a comprehensive jet ski ordinance.
One of the things that we discovered was that there is a rather substantial
body in the existing Town Code in regard to boating, because the jet skis
or these personal watercraft are considered vessels, and abide by ,the same
rules. So, the Bay Constable kept reminding us, if they are reckless in
their driving, if they are going too close to existing—like any other
vessel too close to bathing areas, and whatnot, they are supposed to. .if we
have sufficient marine coverage. We don't have sufficient coverage on the
water. We have three Bay Constables to cover how many miles. That is the
problem. New York State is struggling with the necessity for education,
-and trying to make comprehensive statewide approach.
FRANK WILLS: One thing I forgot to mention, more than anything else, is
the noise. It is unbelievable. For consideration of the Board to consider
putting in rules, not only for licensing, but permitting, extra money,
enforcing noise regulations, putting extra mufflers on these things before
they are allowed to operate in Southold Town.
COUNCILMAN MOORE: One thing to tell you, the people who operate these
things have all of maybe one hour of training. It is almost a function of,
does enforcement be in place to put your effort, or should it be in
�
encouraging and enforcing regulations that require education, and that is
what the State is focussing on education.
FRANK WILLS: Force permits, and licenses on people in training.
COUNCILMAN MOORE: The State is considering that.
ANTHONY COUTSOUROS: If they can do anything about the motorcycle
noise on a weekends, and Mrs. Cochran you were so gracious to return my
call about the exorbitant water fees over $5,000 that I had to pay to
Greenport water to hook up my house, which I was forced to hook up to
Greenport Water. Is there any recourse on that with that monies that is
being kept in advance there? Is there anything can be done with that?
COUNCILMAN MOORE: On the one positive side, you got your water.
There is a whole group of people that don't have it. Right now, the Water
Authority is imposing a backbone type of hookup as well for new dwellings,
who want to hook up to the Water Authority's line. That, was imposed.
• ANTHONY COUTSOUROS: So, over $5,000 fee is done? That is what it
is?
COUNCILMAN MOORE: Was it. Greenport that provided you the water in
exchange for that payment?
ANTHONY COUTSOUROS: Right. I tried to fight them on it.
COUNCILMAN MOORE: Presently, as to the FOIL lawsuit that went on, the
Village appealed the Supreme Court Judge's ruling. I personally sued the
Village. The Town Board sued the Village. Both myself, and the Town
Board won, and the Village has chosen to appeal the Supreme Court Judge's
ruling on that. Those briefs have just gone into the Appellate Division, so
we are still fighting over whether they have provided information to account
for the money.
322 MAY 26, 1998
ANTHONY COUTSOUROS: Say the Town of Southold wins on that appeal,
and they have to disburse that money, are those people. . We paid the
money in. We are entitled to that.
COUNCILMAN MOORE: Greenport's argument is they took that money,
and paid for. . Remember the lawsuit was only for obtaining the
information, not necessarily forcing them to provide water. Different
lawsuits have come out with regard to, like I said, people who paid the
money, and didn't get the water. That is a separate battle that is going
on right now.
SUPERVISOR COCHRAN: Thank you. Yes, ma'am?
CAROL BIRCH: My name is Carol Birch. I am not living in town very
long. I just wanted to tell you that I object very much, now that I am a
resident, to paying the beach parking fee every summer, and when I go up
to the beach there (unintelligible)
SUPERVISOR COCHRAN: We had court last Friday here in Town Hall, and
206 cases to be heard, most of them vehicle infractions, so they are out
there giving tickets, and yes, we can request of the Chief that he keep a
better eye out, and let them ride through a little bit more, and ticket
those, because it is lose of revenue to us. Thank you very much.
MARY MOONEY GETOFF: I am Mary Mooney Getoff. I want to
speak about that large building, and the funny thing about it is, it seems
like the right hand doesn't know what the left hand is doing. (tape change).
SUPERVISOR COCHRAN: This Board can not- change their decision. They
have to change their decision. We don't know what else to do. We can share
State Law with you.
DONNA DZ.UGHAN-SMITH: How about sharing Town Code? It has been
already been brought up. You have a Town Code, Town Law, which
everyone follows, 1 think, or supposed to follow. :
SUPERVISOR COCHRAN: They do.
DONNA DZUGHAN-SMITH: It is supposed to be enforced. You have Town
Code, you make a Code, why did you make an exception for one of your
appointed committees, why did you make exception for a ZBA group? You
don't have that exception for the Planning Board. You don't have that
exception for the Assessor. You don't have that exception for the Building
Department.
COUNCILMAN ROMANELLI : What exception?
DONNA DZUGHAN-SMITH: Cornell's. Chapter) 58, says that all public
hearing have to be noticed, certified return receipt, to all your neighbors.
There is eight neighbors to that property, only l four of them notified by
the ZBA, when the variance was requested, only four. One of which is
considered Donuhue's and others, which is an estate? Okay? One of the
main people of that estate was in the hospital at the time. Someone else
signed for it. She never received it. That is one of the four that was
notified. There were four others that were not 'notified. As citizen's we are
supposed to raise more money, and we are supposed 'to go get our own. - •
legal counsel for this? That is your Town Code. That is what you are
supposed to enforce. That one wasn't followed, and then Number 2,
Chapter 100, that refers back to Chapter 58,. says, A. Everyone is
supposed to follow this Town Code. B. You can get a waiver to it if you
have the person sign it instead of signing certified return receipt. Okay.
C. If ZBA does not follow this, it is okay. Tfiey can sign whatever they .
want. That is what it says in the Town Code. i Code Chairman, would you
like to address that?
COUNCILMAN MOORE: Thank you for bringing it to my attention, because .
what happened there, as I understand it, we had a series of laws that had
notice provisions throughout the Code. Planning Board had their own way
of doing it. The Zoning Board had their own;Iway of doing it, and that
section, that you are talking about, exception, was there for an awful long
time. I am not going to give you a legal opinion as to why that was there.
MAY 26, 1998 323
I have a supposition. It has nothing to do with the. Southold Town Zoning
Board of Appeals. I would suggest it has to do with finality of decisions,
and saying, you know six years from now. .l am just guessing. I haven't
researched this question, but six years down the road you can't pull a file
off the shelf, and say, you know' what? The notice wasn't right. The
building is up. The building is being occupied. The building is being
used, and somebody doesn't like it, and comes in, and say, oh, the notice
wasn't right, and says, that is the basis on which six years later I can
undo. I am going to suggest to you, that is why that clause 'is in there
without even researched the question. Let me just finish. Back in 195 an
attempt was made, because the Town Trustees did notices a certain way,
the Zoning Board did notices a certain way. They all had their own rules
and procedures, and you had to learn how to do each different one. The
• Planning Board had their own. Back in 195 an attempt was made to meld it
all 'together. Now; it is entirely possible, I was on the Board in 195, it is
entirely possible, and it has happened before, when you are working in one
section of the Code, this is before we had the Code on computer, you don't
always pick up and get the consistent other subsections of the Code. So, it
may well be that Code section should have been plucked out, and not left
there. Certainly it looks like a Zoning Board exception all by 'itself. That
doesn't make a lot of sense, when you sat there, and did, what you hope is
a uniform notice relation. I acknowledge that.
DONNA DZUGAS-SMITH: Are you going to look into it now?
COUNCILMAN MOORE: Yes, thank you. I will, but I understand I think
there is a long standing reason in law why that exception there.
DONNA DZUGAS-SMITH: That should include the Planning Board, too..
COUNCILMAN MOORE: That's right.
DONNA DZUGAS-SMITH: So in other words, everyone's name should be
on there, not just the ZBA, if you want that in your Town Code.
COUNCILMAN MOORE: That's right, if you want that, or if it should be
t there.
DONNA DZUGAS-SMITH: Another thing, I keep reading this file. I am not
as educated in town matters, but the town is set as lead agency on
Jimbo's little plan here, now, when in such lead agancy - it makes
environmental statement. It accepts environmental impact, so when it does
the environmental impact, alright, instead of having the State or the
County or someone else accept the lead agency, the Town has made a
decision.
COUNCILMAN MOORE: Some agency within the town. It could be Planning
Board. It could be Zoning Board?
DONNA DZUGAS-SMITH: Are they answerable to you at all? Or is
everyone autonomous?
COUNCILMAN MOORE: They are autonomous for a reason, and I will tell
you why. You set up a Planning Board, and you can cut this one either
way you want it. If you want the Planning Board to have no power, and let
® all the Town power sit with the Town Board, you can do that. You can
take all the power away from the Zoning Board, and put it right here. What
you end up with is, every application comes in, and becomes subject to al..l
kinds of pressures. That is not necessarily considered fair or appropriate
for :a fair hearing on the application that is before a Board. It shouldn't
be.- Are there 255 people who say, I don't like that? If you had a piece of
4 property that is zoned business; or it is zoned limited business, or what
have- you, the person who has bought that property looks at the Code and
say, geez, if I go in and do this, this, and thus and such. The whole
point of having appointed boards is to take it out of the political arena.
Can you justify the approvals granted? Can you justify the variances? That
is the reason why they are created as an autonomous boards.
324 MAY 26, 1998
DONNA DZUGAS-SMITH: Rather than go on general on that, let's stick
to this particular property. Okay? He bought that property, agricultural.
Okay? He had it changed and rezoned, and many other pieces on the North
Road they have done the same thing to. Okay?
COUNCILMAN MOORE: Individual applications.
DONNA DZUGAS-SMITH: One is under Pudgie. One is under Jim Gray.
He has many aliases. Back to the environmental thing. Okay? If you look at
the application, the short form, you are telling the town, whichever board
is representing the town for this accepted this. It said, will proposed
action comply with existing zoning, or other existing land use restrictions?
Yes, if variances are granted by the Appeals Board. Okay? What is the
present land use in the vicinity of the. project, residential and •
agricultural? That is all that is checked. It doesn't say, business. It
doesn't say, commercial. It doesn't say, industry. It says, residents to the
west on to the south. Are you going to tell me that someone actually checks
this off on his own thing, the Town says, oh yeah, and now we are going
to let him build on all this property. It is less than three acres that he
is building almost 40,000 square feet. Let's think this out. You are
saying, well, this Board may be making a mistake, that Board may be
making a mistake, and the other thing, I am not saying, that they didn't
work on. They definitely worked on it. The appeal was submitted in May.
The first hearing was held in June, 196. He did not get approval until
October of '.96. In the meantime it was held over, held over, held over. In
the meantime there was a lot of paperwork back and forth between Planning
Board, Building Department, Architectural Review Committee and the Zoning
Board. Every time, do you know what was , stated? Nobody read this.
Every time, Architectural Review Committee was not in favor of it, not in
favor of it. Planning Board, we are not in favor of it. Do not grant the
variances. . He still got all the variances. Without going into long detail,
and this is .public record, you are welcome to read it.
SUPERVISOR COCHRAN: Please, address your remarks to the Board, and
not to the audience.
DONNA DZUGAS-SMITH: It is their lives that is affected, too. This is
my parcel of land in red. It is 29.4 acres. Jim Gray is over here. He is
not even an adjacent neighbor. He is not going to be blocking my view.
live in Southold, and care about all of Southold, not just my backyard, my
front yard, my side yard. He has these parcels over here all of the way up
to the where the traffic light is on Horton's Lane. There is three parcels.
Two he is putting together to build these buildings. It is less than three
acres. Once again, 40,000 square feet. Here is my 29.4 acres. I am asking
to build a 1,000 square hand crafted log winery building. Guess what, the
Architectural Review Committee says, no, because it doesn't fit in with
existing architecture. It is not metal, It is not vinyl siding. It is not
cement, so my hand crafted. .do you know that it is worth $300.00 square
foot hand crafted logs? Isn't it actually amazing? There is only one other
building on all of Long Island that is truly hand crafted logs. We would be
the second building, and the Architectural Review Committee is telling me,
don't even bother submitting my site plan, because we are not going to .
approve it. I am going to submit it, and I would hope that the public and
Town Board would help support such a thing. It is going to be a piece of
art. It is going to be reasonable. Twenty-nine acres, it is going to be low
profile. It is going to be like back in the 1700's, 1800's. Don't you think
that is a little more acceptable than two stories on 40,000 square feet?
SUPERVISOR COCHRAN: I have always said what makes Southold unique is
the mix of housing and buildings. Anything from the 50's with asbestos to
salt boxes from the 1600s's. Submit your plan.
DONNA DZUGAS-SMITH: Should we make metal buildings, that are the
1900's and 20th century?
SUPERVISOR COCHRAN: We do have some metal buildings throughout the
town.
DONNA DZUGAS-SMITH: This is the idea of a hand crafted log building,
not milled, it is handcrafted, hand scraped, wooden pegs. I would hope
MAY 26, 1998 325
that many more people would rather see this than what is being approved
up on the North Road, and I hope it is not too late to stop that. There
are many things in that record, and I hope one of you as a citizen, not as
a Town Board member, as a citizen will take the time to read the record, to
read the ZBA, and a citizen act on it, if you can't do it as a Town Board
member.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board on
Town business?
ANTHONY COUTSOUROS: Mrs. Cochran, just listening to her what she
was saying about the Zoning Board, people voting, no, no, no, and then
some people changing their vote. I think there is an ethics problem there,
or there is some kind of problem, because Mr. Gray owns so much property
in the town maybe he has got a little more pull in other places with other
people. I mean I am just listening to the people here, and sounds like
there could be a conflict of interest, and you said something about maybe
we need metal buildings.
SUPERVISOR COCHRAN: I didn't say, maybe we need metal buildings.
Don't put words in my mouth.
ANTHONY COUTSOUROS: You said it was part of our makeup.
SUPERVISOR COCHRAN: I said it was part of the uniqueness of Southold.
I was referring to her lob cabin, not the metal buildings. Okay?
ANTHONY COUTSOUROS: I am just saying, we have to preserve the
town.
SUPERVISOR COCHRAN: Yes, we do. We are well aware of that.
ANTHONY COUTSOUROS: A few more trees in the town.
SUPERVISOR COCHRAN: You are right. We have a Tree Committee. We are
planting them every day. Mr. Meinke?
HOWARD MEINKE: Howard Meinke. I am not looking for a response from the
Board. I am not trying to antagonize the Board, but I just have the feeling
that what people are saying is that they think that the top strata of
elected people in the town should stand up for, the people when things are
going wrong, and in the history of this country in other political arenas
the top executive engages in the use-of what is known as the bully pulpit,
or jawboning, and the President has been known to hammer the Unions,
hammer big corporations, do things of that sort, hammer certain of the
cabinet people, and get public opinion rallied to get something going, and
this is not a case. of having authority over boards. It is just a case of
using the power of the position, and I would feel better, and I think these
people would feel better, if there was more of the Town Board, and the
Supervisor using the power of their position when the townspeople get this
riled about something, to make it known that we understand speaking as a
Town Board that we have no authority over what you are doing, when what
you are doing is making very large footprints. It is spoiling the town, and
it is our opinion that you are doing a damn lousy job, and we think you
better get back to the drawing board, and think about it. 1 would believe
• that is what the Town Board could do, and I would feel better if I thought
it was being done.
SUPERVISOR COCHRAN: Thank you. I am going to take you one more
time.
DONNA DZUGAS-SMITH: I was only up once.
SUPERVISOR COCHRAN: Yes, but it was a long time.
DONNA DZUGAS-SMITH: Two things, land acquisitions, which was also
brought up as a separate issue. When is it decided about a person
interested in selling their development rights? Okay? Things like this two
story building going down one block is going to bring down our land
values, if we are interested in selling our development rights, and that is
if the Town's interest in buying development rights to land when that takes
326 MAY 26, 1998
the view away. If you read your own preservation thing it says you like
the continuous views. That is something else to really consider. The other
thing is, 1 wish that kind of like the way you feel towards me right now, I
wish you would feel that way with the ZBA.
CHRIS BAIZ: My name is Chris Baiz, a resident of Southold. In
addressing the issue that seems to be very popular tonight, I had done
some quick analysis for basically what is a 70,000 square foot building when
it is double decked, and at the going rate over here at Southold Storage
approximately $.80 a square foot, for storage space per month. That comes
out to about $10.00 a square foot here, hence 70,000 square feet could
generate a very attractive revenue, a sum of $700,000 for that property. I
notice that there is going to be one resident's building on site presumably
for the manager caretaker of the facility, and, for allowing such intensity
on a piece of property like that I am a little hard pressed as to see where
it is generating jobs for the Town of Southold. I think it might generate
one sort of quasi managerial job, and maybe a couple of attendant jobs such
that after taxes and reasonable maintain and salaries, and what have you,
or wages for the various workers that might be there, I see either three or
four, the owner is left with approximately $500,000 a year of free cash
flow, pre-tax cash flow as we call it, and if you follow any of the sale
of businesses, or merger, and acquisition things that are happening on Wall
Street today, and elsewhere, we are seeing that businesses are selling for
in access of ten times the their multiple of their free cash flow, meaning
that this $500,000 free cash flow would very likely generate a sale for Mr.
Cray of about $5,000,000, or better, and I am really hard pressed when we
as a community are attempting to work for farmland preservation, and open
space preservation, and we as an entire. community can only raise
$2,000,000 every other year in a referendum- for a bond issue, that one
person be granted such special privilege that basically on less than three
acres of land he can generate a $5,000,000 sale capability overnight. I
think we have got our priorities turned around here a little bit. Perhaps
maybe the Town of Southold ought to go into the storage building and sale
business, so that we can use those proceeds to more rapidly fund land
preservation and open space preservation. Thank you.
SUPERVISOR COCHRAN: Would anyone else! like to address the Town
Board.
DAN SULLIVAN: My name is Dan Sullivan, 940 Hill Road, Southold. I just
have a question about the real estate transfer tax. I read in the paper
today, I believe, that there was a equal vote between the Board members
three to three on whether or not it would be 2 1/2 percent or 1/2 percent.
Am I mistaken about that? I thought I read that in the paper.
COUNCILMAN ROMANELLI: We went back and forth. It was in the paper,
but when we were back and forth amongst the Board member on the
percentage. A few of us felt we didn't like the percentage rate and wanted
to change it to 1/2 percent. In going up to Albany we were told in so many
words that we either support as is, or you get nothing, so we did what we
thought was the right thing to do, was take what we could get. It is going
to go through as 2 0, but they changed some of the parameters, as far as
this dollar number of where it kicks in.
DAN SULLIVAN: Will there be a referendum on it, or is just up in State
Legislature?
SUPERVISOR COCHRAN: It has been passed by the Senate, and it is with
the Assembly now. It was our feeling that to support it the way it was it
had more of a chance of passing then to begin to mess with it at the last
minutes, so we did go along with the way it was presented for Riverhead,
and Southold, and we are hopeful that it will pass.
JUSTICE EVANS: After it goes to the State, it comes to Town for a
referendum.
CHRIS BAIZ: Chris Baiz, again, Southold. On an entirely different
issue, but on one of the resolutions tonight, and I know she has been
working hard on the project, one of the members of the Board, Alice
Hussie. Has the Town of Southold, as an entity, previously, or does it
intend to notify LILCO, that it intends to condemn the transmission of
MAY 26, 1998 327
distribution facilities within the Town ' of Southold? Where do we stand on
that?
COUNCILWOMAN HUSSIE: Condemnation is not the only way to acquire. We
could do it through peaceful negotiations. We could do it through
condemnation. We could also just ignore it all together, and put our own
lines in. We haven't notified them, but you can be sure that they are
watching us.
CHRIS BAIZ: Okay, now how does that work via the LIPA, which as I
understand later this week it is going to take over TED systems, the issue
there is, is that, as I understand it LIPA is in itself basically by New
York State Law a municipal instrumentality, and as I understand it one
municipal can't confiscate or condemn another municipal instrumentality
service.
COUNCILWOMAN HUSSIE: That is what they claim, however in 1986, 1
think when the LIPA Act, it was specifically mentioned that this is not to
preclude a municipality or another town from establishing it's own electric
company. That is in the law, and I don't have that stuff with me right
now, and LIPA people are saying, no, no, no, you can't possibly do
anything like this. Mr. Harringburg was queried when Lynnbrook was,
who was a little bit ahead of us. When Lynnbrook said that they were
going to do this, and Mr. Harringburg wrote a letter specifically to
Lynnbrook saying, LIPA is wrong. We never intended that to be
preempted. Your opportunity to forming your own electric company.
CHRIS BIAZ: In other words, we can see, this some court decision? Is
that what is going to happen?
COUNCILWOMAN HUSSIE: I imagine that is what is going to happen. We
are lucky that there are three people ahead of us.
CHRIS BIAZ: Okay. Great. The second issue in forming a municipal
electric authority, such as we would have here, is the issue of, for the
sake of better words, transmission and distribution insurance coverage.
When a hurricane strikes how are going to pay for the destruction and the
damage that has occurred to the wires and poles, and what have you. In
the revenues that we would generate is there a sinking fund, or something
like that set up? Okay. What kind of magnitude is it? Is it a million
dollars a year that would get set aside?
COUNCILWOMAN HUSSIE: Five hundred thousand. It is a considerable sum
for whatever we might need, whether it would be improvements.
CHRIS BAIZ: In '85 with Hurricane Gloria with -the entire LILCO system
we were looking at a $80,000,000 repair cost, and my concern in all of this
for the residents, owners of their own electrical system is that we get a
hurricane that comes in here, and no repair trucks are going to come from
Pennsylvania or upstate New York until they have got cash on the
barrelhead. That is very important.
COUNCILWOMAN HUSSIE: The repairs were made new. stuff was put in.
That is why it became a little more expensive.
CHRIS BAIZ: Thank you very much. It was good job. I appreciate that.
SUPERVISOR COCHRAN: While we are on the topic, I will be setting a
special Board meeting for Monday at 10:00 a.m. Is that agreeable with
everyone? Louisa will sign a waiver. Okay. Ten o'clock Monday morning,
a special meeting. Anyone else like to address the Board, last chance?
(No response.)
COUNCILWOMAN HUSSIE: Can I just say one thing. Those of you who
may or may not be here on Monday at 10:00 o'clock for the special meeting
to establish the electric utility, and also the gas utility have to know
that past practice has it that as soon as we do this LILCO will come, and
call you on the phone, and do a door to door campaign to explain why you
should not do this, and what a terrible thing it is. They have done that in
the Lynnbrook Farmingdale attempted effort, and I am sure they are
going to do it here. But, you understand that a lot of the stuff that they
328 MAY 26, 1998
say is not actually true. They are particularly concerned because of the
LILCO/LIPA situation if a number of customers go off line, and if they
lose all of Southold, which is a $19,000,000 plum, it will make an impact.
So, be prepared.
SUPERVISOR COCHRAN: I am going to forego Board reports, but I would
like to share with you one particular piece of information. I had a courtesy
call by Cross Sound Ferry, and they wanted to share with me that they
would be replacing their one ferry the Norstar, and they wanted us to
know that, they did find a boat to replace' it from Prince Edward Island.
They used to have ferries that ran between Nova Scotia and Prince Edward
Island. It is where you get off the ferry the bagpipes are there. It's
great. But, they built a bridge unfortunately so they no longer need the
ferries, and they were able to obtain this, It , appears in the DEIS which
was given to the Planning Board on page 8, so they did notify in their
DEIS that the Norstar would be placed due to inadequate cabin and
passenger accommodations. Just so that it is clarified, and everybody
knows. May I have a motion to adjourn?
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
9:32 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.
6 4 (.�1.
Elizabeth A. Nevi le
Southold Town Clerk