HomeMy WebLinkAboutTB-06/09/1998 343
SOUTHOLD TOWN BOARD
J U N E 9, 1998
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie,
Councilman William D. Moore, Justice Louisa P. Evans, Councilman John M.
Romanelli, Councilman Brian G. Murphy, Town Clerk Elizabeth A. Neville, Town
Attorney Gregory F. Yakaboski
9:00 A.M. Appointment - Stuart Lowrie and Sharon Beebe of the Nature
Conservancy appeared before the Board to give an update on the Two Percent
(2%) Land Bill Tax and how it will function. Mr. Lowrie advised that it passed
the Senate and it is now in the Assembly, it should be out of the ways and
means committee this week. It should be scheduled for a vote in the Assembly
next week, then on the Governor's desk the end of June or beginning of July.
He explained that the act will permit each town to pass a local law to establish
a Land Preservation Fund. It will go to a referendum on November 3, 1998.
There are a number of things that must be done on a timely basis in order to
be in compliance to have the referendum on November. 3rd. It is so crafted
that it accommodates only the five (5) east end towns and only for open space
and farmland. A statutory advisory board must be created consisting of 5 to 7
board members, one of which must be a farmer and the majority of the other
members must have experience in open space and farmland protection. He
suggested that everything be put into the Local . Law. A member from both the
Land Trust and the Nature Conservancy can be put on the advisory board, but
they cannot be voting members. The voting members, at least 5 to 7 must be
Southold Town residents. The Local Law which creates the 20 Tax must go to
referendum. Mr. Lowrie further explained that the "Project Plan List" must be
created within the next 8 weeks, the deadline is August 5th. Every parcel must
be listed, "cast your net wide" because you are locked in for 3 years.
Agricultural properties should be given priority. He suggested placing a
disclaimer in this section to the effect that "It is difficult to predict what
will happen in a voluntary program". Mr. Lowrie stated that the Town is in good
shape because a lot of the work has already been done. Ms. Beebe distributed
a copy of the draft Local Law. Mr. Lowrie will obtain a copy of the state act
for the board to review. He stated that this is an amazing opportunity for the
town to fund land preservation, there is a possibility to obtain up to 12
millions dollars in funding.
9:45 A.M. The Town Board reviewed For Discussion IV. Items: IV. 1. New
Scale House at Landfill. The Board said that the present water supply should be
tested and if it tests good, it should continue to be used. This item will be
held until Jim Bunchuck arrives to see if he has any other suggestions. IV. 2.
Participation in ICIB (Industrial/Commercial Incentive Board Program. Everyone
was in agreement to move forward on this program, with the exception of
Councilwoman Hussie, who said that she objects unless we can do both the
County and our own Town program. It will be further investigated. IV. 3
Support of Take Title bill to implement our SWMP (Solid Waste Management
Plan). The Town was being asked to support this by the Federation of New
York Solid Waste Associations. However, there was no copy of the actual bill.
This matter will also be held until Mr. Bunchuck is present. IV. 4. Formation
of a Utility District. The Town Attorney has to check this out further. IV. 5
Grant Request of Loaves 8 Fishes Food Pantry .(See Resolution No. 22). IV. 6
Architectural Review Committee request for secretarial assistance. (See.
Resolution No. 23). IV. 7. Golf Course Monitoring Program. After inspection of
this, the Board thought that it was written for, new courses, but existing ones
could be written in within 18 months. Justice Evans was of the opinion that we
344 JUNE 9, .1998
should share it with existing golf courses and find out what their opinion of it
is.lt will be sent to Steve Jones, Suffolk County Department of Planning for his
opinion and also to the local golf courses.
10:20 A.M..Appointment - Richard Ryan, Chairman, Land Preservation Committee
appeared before the Board with regard to resolution numbers 11 & 12 the Kaloski
property. A little survey work is needed. The southerly end of the westerly
side is where the farm buildings will be kept out.
On motion by Councilman Romanelli, seconded by Councilman Moore, it' was
RESOLVED that the Town Board enter into Executive Session at 10:25 A.M. for
the purpose of discussing purchase of• property. Vote of the Board: Ayes:
Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie,
Supervisor Cochran. Also present: Town Clerk Elizabeth A. Neville and Town
Attorney Gregory F. Yakaboski.
Executive Session ended at 10:45 A.M. at which time the Board took a 15 minute
break until their next appointment at 11 :00 A.M.
11:00 A.M. Appointment - James Bunchuck Solid Waste Coordinator Re:Home
Composting. The first item discussed was the scalehouse. The Board advised
him of their suggestion to test the water at their present well and if it is
good, get approval. Jim said that they have not tested near the road or the
southwest corner. He has contacted a private testing company to test it for
$920.00. A Foil request will be sent to the Suffolk County Health Department for
their results. Supervisor Cochran said that she will invite Joseph Baier of the
Suffolk County Health Department to the next meeting to resolve this matter.
Mr. Bunchuck said the $920.00 is for one sample. The two locations would be
double. The Board questioned if they could put in the scalehouse now and just
not hook it up until they get approval. The dust is messing up the computer
and there is no shade for the workers. It is estimated a new scalehouse would.
be approximately $26,000.00 for an 18' by 8',plus $20,000. for plumbing and
cesspools. We already have a resolution to advertise for bids, all that is needed
is the specifications from Mr. Bunchuck Item No. 2 "Take Title" bill was
discussed. The Board was unanimous in their decision not to support it.
11:30 A.M. Judy Baker gave the Board a presentation of the "Earth Machine"
Home Composting Bin. The Board was not interested in sponsoring such a
machine.
On motion by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board enter into Executive Session at 11:50 A.M. for
the purpose of discussing personnel, contract negotiations, and litigation. Vote
of the Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans,
Councilwoman Hussie, Supervisor Cochran. Also present: Town Clerk Elizabeth
A. Neville, Town Attorney Gregory F. Yakaboski.
Executive Session ended at 1 :50 P.M.
It was reported that the Board went down to investigate the site at the dog
pound. The North Fork Animal Welfare League is getting ready to build a new
shelter with their own funds on town property. Superintendent of Highways
Jacobs is giving them approximately 1 acre and the Police Department is also
giving some land towards it.
The Board continued their review of For Discussion Items. . V. 8. Repeal of
Section 100-275(C) "A Local Law in relation to Public Hearings". A resolution
was put on the agenda to set a date for a public hearing for 8:10 P.M. June 23,
1998. (See Resolution No. 25). IV. 9 Request of the Town Trustees for health
benefits. The Board stated that they don't meet the requirements to be eligible.
Supervisor Cochran said that this is the wrong time of the year to make such a..
request, budget time would be the proper time to make such a request. IV. 10
Overton Rich property was discussed in executive session. IV. 11 Funding to
secure bunkers on Fishers Island. The Town owns the land and the Ferry
District manages it, this will be looked into on August 12th when the Town
Board makes their annual trip. IV. 12 - Appointment to the Land Preservation
Committee. (See Resolution No. 24 to advertise for resumes.) IV. 13 -
Appointment of Provisional Clerk-Typists being held at this time.IV. 14. Fort
Corchaug - An Activity update by the Peconic Lane Trust. They are in the
process of writing a "vision statement"for the site and would like to begin to
put together a management plan for the Fort Corchaug at Downs Farm Preserve.
JUNE 9, 1998 345
The Board discussed the handout from the Town Attorney requesting the Town
of Southold to join the "Initiative for Competitive Energy and Jack Kulka in
their lawsuit against the Long Island Power Authority. Justice Evans said that
she doesn't mind supporting it as long as it doesn't commit us to anything
definite. The Board agreed 'that they would support intervening, provided the
facts hold up. (See Resolution No. 26)
2:30 P.M. The Board reviewed resolution numbers 1 through 19, plus added-on
resolution numbers 20-27, to be voted upon at the 4:30 P.M. regular meeting.
Work Session ended at 3:48 P.M.
i
346 JUNE 9, 1998
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on June 9,
1998, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge of
Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: May I have a motion to approve the audit of the
bills for June 9, 1998?
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $95,330.56; General Fund
Part Town bills in the amount of $17,807.81; Highway Fund Whole Town
bills in the amount of .$2,940.41; Highway Fund Part Town bills in the
amount of $6,109.51; Capital Projects Account bills in the amount of
$278,201.88; Ag Land Development Rights bills in the amount of
$9,971 .93; Landfill Cap E Closure bills in the amount $40,546.54; Employee
Health Benefit Plan bills in the amount of $52,066.13; Fishers Island Ferry
District bills in the amount of $7,569.66; Refuse and Garbage District bills
in the amount of $2,465.16; Southold Wastewater District bills in the amount
of $12,322.50; Fishers Island Ferry District Agency 6 Trust bills in the
amount of $156.26.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman. Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: May I have approve of the minutes of May 26,
1998?
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the minutes of May 26, 1998, Town Board meeting be and
here are approved.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Setting the date of the next Town Board meeting.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the next meeting of the Southold Town .Board will be held
at 7:30 P.M., Tuesday, June 23, 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.
I . REPORTS.
SUPERVISOR COCHRAN: Our agenda, if you do not have a copy there are
some out in the front foyer on the table. As you know each month the
Town Board receives reports from the different departments and committees.
They are on file in the Town Clerk's Office, and are public information, so
they are available to you if there is a particular area that you are
interested in.
JUNE 9, 1998 347
1 . Southold Town Police Department Monthly Report for April, 1998.
2. North Fork Animal Welfare League Shelter Report for April, 1998.
3. Southold Town Scavenger Waste Treatment Facility Monthly Report for
May, 1998.
4. Southold Town Clerk's Monthly Report for May, 1998.
5. HHS Administrators PBA Claim Lag Study Analysis for May, 1998.
6. HHS Administrators Town Claim Lag Study Analysis for May, 1998.
7. Southold Town Recreation Department Monthly Report for May, 1998.
II . PUBLIC NOTICES.
SUPERVISOR COCHRAN: Public notices have been posted.
1 . U.S. Army Corp of Engineers, New York District, Notice of
application of John Kramer for a permit to place shellfish cultivation
cages in Southold Bay, Shelter Island Sound, Town of Southold. Written
comments to be received by June 19, 1998.
2. ULS Army Corp of Engineers, New York District, Notice of permit
decisions made by the Corps during a the past month.
3. New York State Department of Environmental Conservation, Notice of
Complete Application of Harry and Janet Hohn to construct a deck at 8800
Nassau Point Road, Little Peconic Road, Cutchogue, Town of Southold.
Written comments to be received by June 26, 1998.
4. New York Department of Transportation Notice of Order to amend
Route 25 speed lime to 40 MPH in the unincorporated community of
Cutchogue.
Ill. COMMUNICATIONS.
SUPERVISOR COCHRAN: We have received communications. Greetings from
Southwold, England. As you may or may not know one of the classes
from the Greenport School went over, maybe about a month ago, and visited
in Southwold, and we sent our greetings, official greetings from the Town
Board, and also sent a small print of the, I believe it was the harbor down
in New Suffolk. So, they sent back their greetings, and thank you for the
gifts, and the young people from Greenport School had a grand time.
Thank you for the use of the Rec Center. I had sent a letter to the
DOT because I had request for a duck/goose crossing sign down by the
bridge, and of course, I knew they would say, no, and they did say, no,
but there was concern because one of the Canadian Geese does cross back
and forth there. She has her little goslings and her nest down there. We
were concerned for their crossing. We haven't heard anything negative so
hopefully they are all starting to race around the neighborhood. One from
the DOT in relation to a speed study.
1 . Jennifer Hursell, Clerk of the Southwold Town Council with
greetings and thank you for the gifts.
2. Mary Dewey, Eastern Long Island Hospital Auxiliary thanking
Supervisor Cochran for use of the Recreation Center.
3. Thomas F. Oelerich, New York State Department of Transportation
with denial to install duck/goose crossing sign.
4. Thomas F. Oelerich, New York State Department of Transportation
in regard to speed limit study.
IV. PUBLIC HEARINGS. None.
V.RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy, that
if , you would like to address the Town Board on any of the printed
resolutions we would be very happy to entertain that at this time. If not,
if you have something to share with the Town Board in relation to Town
business there is an opportunity at the end of the Town Board meeting. Is
there anyone that would like to speak in relation to any of the resolutions
that we will be acting on today? (No response.) If not, resolutions #1 .
348 JUNE 9, 1998
1 .- Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Roxana L. Cruz to the position of Full Time Spanish Speaking Clerk at
the Southold Town Police Department, at a salary of $21,658.64, effective
immediately.
I .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
2.- Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the New Suffolk Civic Association to use the following Town
Roads: New Suffolk. Road, Old Harbor Road, and Fifth Street, New Suffolk,
for' their fourth Annual Independence Day Parade on July 4, 1998,
beginning at 11 :00 A.M., provided they file with the Town Clerk a One
Million Dollar Certificate of Liability Insurance naming the Town of
Southold as an additional insured.
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 Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the establishment of the following Capital Project in the 1998
Capital Budget:
Capital Project Name: Soundview Avenue Resurfacing Project
Financing Method: Multi-Modal Transportation Program
Budget: Revenues:
H.3505.00 Multi Modal Program $299,938.00
Appropriations:
H.5112.2.400.100 Highway Reconstruction
Capital Outlay
Contracted Services
Soundview Avenue Project $299,938.00
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 Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 9th day of June, 1998, a Local Law entitled, "A Local
Law in Relation to Carroll Avenue"; now, therfore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00
P.M., June 23, 1998, Southold Town Hall, 53095 Main Road, Southold, New
York, as the time and place for a public hearing on this Local Law, which
reads as follows:
A Local Law in Relation to No Parking Signs on Carroll Avenue
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 92 (Vehicles 8 Traffic) of the Code of the Town of Southold is
hereby amended as follows:
Between the
Name of Street Side Hours of Location
Carroll Avenue South E east At all times in Peconic, along the
south side of Carroll
Avenue when heading in
an easterly direction from
Peconic Lane to where
Carroll Avenue turns to
the north at which point
No Parking Signs will be
on the east side of Carroll
Avenue to the railroad
tracks.
4.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
JUNE 9, 1998 349
S.- Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Sean Bowden, a high school student, at a salary of $6.82 per hour, as an
intern in the Supervisor's Office to work after school and full-time during
the summer months, effective May 28, 1998.
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 Justice Evans, seconded by Councilwoman Hussie,
WHEREAS, the Town of Southold is required to solicit proposals from
qualified vendors relating to trust services, administration and/or funding
of a deferred compensation plan for employees of the Town of Southold, now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Town Clerk of the Town of Southold to publish a legal notice
in the New York State Register and The Traveler-Watchman to solicit
proposals for trust service, administration and/or funding of a deferred
compensation plan for employees of the Town of Southold meeting the
requirements of Section 457 of the Internal Revenue Service Code and
Section 5 of the State Finance Law.
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 Romanelli, 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:
From:
A.1990.4.100.100 Special Items/Contingent Fund $1,500.00
To:
A.7110.4.400.700 Parks E Beaches C.E. Equipment Rental $1,500.00
7.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
8.- Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Town Comptroller John Cushman and Personnel Assistant
Barbara Rudder to attend a "Employment Tax Awareness Seminar for
Municipalities" at the Riverhead Public Library at 10:00 A.M., Tuesday,
August 18, 1998, and all necessary expenses for travel, and meals shall be
a legal charge to the Accounting & Finance Department's 1998 budget.
8.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans; Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Number 9 is being held until we get some historic
background information on a change a name on the Fort Corchaug/Baxter
property.
10,- 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:
A7020.4.600.200 Meetings & Seminars $200.00.
From•
A7020.4.100.150 Youth Program Supples $200.00
10.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN; Number 11, engaging services for preparing a
survey, is being held.
350 JUNE J, 1998
12.-Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05
P.M., Tuesday, June 23., 1998, Southold Town Hall, 53095 Main Road,
Southold, New York, as the time and place for a public hearing on the
question of the acquisition of development rights in the agricultural lands
of the Estate of Sophie Ka.loski, west side of Alvah's Lane, Cutchogue,
New York SCTM #1000-102-04-006.1 and 109-01-024.1 ., 55 acres, $9,075.00.
per acre ($500,000).
12.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
13.- Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Southold Village Merchants to use Boisseau Avenue,
Hobart Avenue, and Tuckers Lane, Southold for their parade "Home Town"
on July 4, 1998 beginning at 11 :00 A.M., provided that they file with the
Town Clerk 'a One Million Dollar Certificate of Liability Insurance naming
the Town of Southold as an additional insured.
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 Councilman Moore, seconded by Councilwoman Hussie,
WHEREAS, by resolution dated April 14, 1998 the Town accepted the
proposal of Howe Scale for maintenance and service of the landfill scales
for calendar year 1998 at the same terms and conditions that were in effect
for calendar year 1997; and
WHEREAS, the contract for 1997 contained no termination language the
Town finds the contract to be terminable at the will of either party, now,
therefore be it
RESOLVED that the Town hereby terminates its agreement with Howe
Scale for the calendar year 1998 based on the fact that the agreement is
terminable at will and based on Howe Scale' nonperformance under the
terms of the agreement.
14.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
15.- Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal od Atlantic Scale Company, Inc. at a price of $650.00 per
quarterly inspection - $47.00 per hour, minimum two hour travel time, plus
time, plus mileage charge of $45.00 for a van or $150.00 mileage charge for
the heavy duty test truck, for emergency service calls, for the maintenance
and servicing of the landfill scales for the calendar year 1998.
15.--Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
16.-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Supervisor Jean W. Cochran to sign the 1998 Agreement with the
North Fork Housing Alliance for the Southold HOME Investment Partnership
Program, all in accordance with the approval of the Town Attorney.
16.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Number 17, creating a position of Senior Citizen.
Program Supervisor, is held.
1.
JUNE 9, 1998 351
18•- Moved by Councilwoman Hussie, seconded, by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby proclaims
the month of June "Amateur Radio Month", culminating June 27 l; 28, 1998
with Field Day at Horton's Point Lighthouse in Southold.
18.- 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: If any of you are interested this is something
that you certainly should go up and observe. It is happening at the same
time across the entire United States, and it is rated, each radio club where
those that contact the most people. It is an interesting thing, and I think
it might be fun to go up, and kind of say, hello.
19.- Moved by Councilman Moore, seconded by Supervisor Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby proclaims
June 20, 1998 at "Eastern long Island Breast Cancer Resource Center Day"
in the Town of Southold, and encourages support on that date of their
"FIRST ANNUAL GALA" at Pindar Vineyard Pavilion in Peconic.
19.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman .
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
20.- Moved by Councilman Romanelli, seconded by Councilwoman Hussie, 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 8 Playground Funds $ 30,000.00
Appropriations
A.7110.2.500.850 Parks
Capital Outlay
Downs Farm Preserve Improvements $ 30,000.00
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 Justice Evans, seconded by Councilman Murphy,
WHEREAS, the Board of Commissioners of the Fishers Island Ferry
District wishes to engage the services of additional part-time personnel to
replace persons lost by attrition; and
WHEREAS, the following person have made application for the positions
indicated:
1 . Paul J. Foley, 690 Williams Street, New London, CT - Purser
2. Brendon H. McGinley, 119 Glenwood Ave. New London,
CT-Deckhand
Now, therefore, be it
RESOLVED that Paul J. Foley be engaged as a part-time purser at a rate
of $11.25 per hour and Brendon H. McGinley be engaged as a part-time
deckhand at a rate of $5.95 per hour, said rate subject to readjustment.
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 Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates
$500.00 to the Loaves l; Fishes Food Pantry Program under the 1998 Grants
Program.
22.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
352 JUNE 1998
23.-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 Part Town 1998 budget as follows:
To:
B.3989.1 .200.100 Other-Architectural Review Board, P.S.
Part-time Employees
Regular Earnings $ 1,100.00
From:
B.1990.4.100.100 Contingent, C.E.
Unallocated Contingencies $ 1,100.00
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 Councilman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for two (2)
members of the Southold Town Land Preservation Committee to serve for a
term of two (2) years beginning July 3, 1998 through July 3, 2000.
24.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
25.-Moved by Councilman Moore, seconded by Councilman Murphy,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 9th day of June, 1998, a Local Law, entitled "A Local
Law in Relation to Public Hearings", now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a
public hearing on the aforesaid Local Law at the Southold Town Hall,
53095 Main Road, Southold, New York, on the 23rd day of June, 1998, at
8:10 P.M.,at which time all interested persons will be heard.
The property "Local Law in Relation to Public Hearings" which reads as
follows:
A Local Law in Relation to Public Hearings
BE IT ENACTED, by the Town Board of the Town of Southold. as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-275 (C) of the Code of the Town of Southold is REPEALED.
Chapter 100, Section 275 (C) Notice of Hearing
r- F-aure %o comply with th"Is. section sh211 Rat of-fact the Validity f
any aratoon taken by the _Rnar-d of ppeals
COUNCILWOMAN MOORE: This is a section that seems to validate invalid
actions before our Zoning Board. It is a repeal of a section of the Town
Code.
25.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
COUNCILWOMAN HUSSIE: To add to Councilman Moore's suggestion of the
ridiculousness of this particular thing that we are repealing, we had agreed
that we would look at Chapter 58, and correct some of the things that are
in there, among them like the time that you have to get a notice to your
neighbors, also, hopefully, some penalties if you don't follow the
prescribed list of things to do
26.-Moved by Councilman Moore, seconded by Councilman Murphy,
WHEREAS, there has been presented to the Town Board of the Town of
Southold information regarding a lawsuit in the matter of Initiative for
Competitive Energy and Jack Kulka against the Long Island Poser
Authority which suit is currently pending in the Supreme Court of the
State of New York for Suffolk County before the Honorable Melvyn
Tannenbaum; and
@UNE 9, 1998 353
WHEREAS, the issues raised in this lawsuit relate to the LIPA
acquisition of the Long Island Lighting Company's assets and the rates
being charged to ratepayers which include residents of the Town of
Southold and the Town of Southold itself, a municipal corporation and
ratepayer and
WHEREAS, the issues raised in the litigation are compelling and will
affect both the Town of Southold and its residents and
WHEREAS, the Town Board of the Town of Southold wishes to make
known to the Honorable Justice Tannenbaum that the Town Board would
like the opportunity to more formally review the issues raised in this
litigation which was just brought to this Board's attention, in order to
determine whether it would be in the best interests of the Town of Southold
and its residents to seek intervenor status as a plaintiff in this action;
now therefore be it
RESOLVED that Supervisor Jean Cochran is hereby directed to send to
the Honorable Justice Tannenbaum a certified copy of this resolution
together with a request of the Court that the Town Board of the Town of
Southold be afforded two weeks in which to make a formal determination of
its interest to intervene in Initiative for Competitive Energy and Jack
Kulka against the Long Island Power Authority as 'a party plaintiff.
COUNCILMAN MOORE: Hopefully, it has explained itself on it's face. We
just got word of this litigation today, and we are being asked to seek
intervenor status. We would like a little bit of time to look into that
just a little bit further. So, hopefully, if the Court will entertain this
motion, and understand our interest in that litigation, and we can make a
very informed decision next week, as to whether or not it is appropriate to
participate as a plaintiff, or seek participation, and move the court to do
that.
COUNCILWOMAN HUSSIE: I am going along with this, and I think, Bill,
you have written a very great. .l like all the whereas's. I just don't like
the resolved. I wish it were a little bit stronger. As those of you who
were here this evening, no, I see no reason why we have to wait another
two weeks. I did really want to actually say we would intervene, but I
guess this is better than nothing.
SUPERVISOR COCHRAN: I have an interest in having the two weeks to
afford the Town Board to further investigate, as part of our .responsibility
of protecting our constituency.
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 modifies
the General Fund Whole Town 1998 budget as follows:
To:
Revenues:
A.2705.40 Gifts E Donations
Other Gifts E Donations $ 4,831 .99
Appropriations:
S.3020.2.200.700 Public Safety Communications, Equipment
Communications Equipment . $ 4,821 .99
27.-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 our prepared resolutions. At
this time I would like to ask if there is anyone who has anything they
would like to share with the Town Board, anything in relation to Town
business. This is your opportunity.
JIM HICKEY: Jim Hickey, Mattituck. It has been about eight months.
You have seen me, but you haven't heard me. My gripe this week, what
read in the paper about the Suffolk County Water Authority, and
moratorium on the golf course, Laurel Links, in regards to the hookup.
.3 5 4 JUNE 9, 1998
First of all, the Water Authority has 90 acres. It would seem that is the
only holdup, the water. The Water Authority has 90 acres, correct?
SUPERVISOR COCHRAN: I don't know. You have to talk to the Water
Authority. This is a different legislative body.
JIM HICKEY: First of all, let's get to how did the Water Authority ever
get out here in the first place?
SUPERVISOR COCHRAN: It goes back to the acquisition of Captain Kidd
Water System. They were invited in on a motion of the Town Board.
JIM HICKEY: What about that survey they sent out about a few years
ago?
SUPERVISOR COCHRAN: I am not familiar with the survey.
COUNCILWOMAN HUSSIE: Survey on what?
JIM HICKEY: Yes. About bringing water into Southold by the Water
Authority. They put a survey out in the neighborhood.
COUNCILWOMAN HUSSIE: That was just for Peconic Boulevard, right?
JIM HICKEY: Yes, that was also my area, because I got the survey. It
appeared that the numbers were rigged. Mrs. Hussie you were on the
Board, and so was Judge Evans. The number were rigged to show that
more people wanted it. That wasn't true. Less people wanted it, so the
administration at that time approved the Water Authority to come in. They
taped in on the Riverhead side, and it went on from there. It really
escalated. The County just purchased fifty acres or something, on the
north end?
SUPERVISOR COCHRAN: They just recently had an acquisition.
JIM HICKEY: To preserve the watershed. If they are so interested in
preserving the watershed, how can they allow a golf course to be built
right on top of the aquifer?
SUPERVISOR COCHRAN: I think you have to ask the Water Authority.
JIM HICKEY: The Planning Board.
SUPERVISOR COCHRAN: Then ask the Planning Board.
JIM HICKEY: You said there is a moratorium that the water there has be
drinkable under the gold course. A few years ago they checked that
water. It had Temik in it. Where did the Temik go?
SUPERVISOR COCHRAN: I don't have'any idea.
JIM HICKEY: According to an article I read it takes fifteen years to
move one mile. The question is, which way did it go? The moraine is
right there, the upper crust of the aquifer. It either goes north, south,
east or west.
SUPERVISOR COCHRAN: I would say, south there.
JIM HICKEY: Now that the pump is in there, the well, and at the rate
of 3,500 gallons a minute, which it pumps, that is the capacity.
SUPERVISOR COCHRAN: Where is this well?
JIM HICKEY: The east side of Laurel Lake. It is going full blast.
COUNCILWOMAN HUSSIE: It is the one that is taking care of the water
that is going into downtown Mattituck.
JIM HICKEY: When you figure it out at 3,500 gallons a minute, one well
displaces 1,839,600,000 gallons of water yearly.
Jl1P,lF-- 9, 1998
355
SUPERVISOR COCHRAN: I don't think it produces that quantity. Where
did you get this figure from?
JIM HICKEY: The pump has the capability of that. Follow me now.
Every drop of water that is displaced out of that group another drop moves
in it's place. Follow me? It seeks it's own level. What if they put more
wells in that area in the future? Right? As far as a moratorium, you are
talking about hookups to 29 houses, plus a clubhouse, over $150,000 at the
$5,000 hookup rate. I don't think Mr. LaGrande will let that slip by. Like
Riverhead- is the developer most luckily will have to pay for the water main,
etc., etc., by Riverhead. Correct? The developer will have to pay for
the water mains.
COUNCILMAN ROMANELLI: Most likely.
JIM HICKEY: Most likely. That should be no problem, because they are
going to make a golf course, eighteen hole. You can't have a golf course in
a hay field. It is too flat, so you are going to have to contour the land
for the golf course. Now, comes the good part. You have got a hundred
years of growing potatoes there, how much top soil is there?
SUPERVISOR COCHRAN: A lot of top soil.
JIM HICKEY: That's right. That 'is all going to be scraped and
removed, maybe a little put to the side. Top soil is pretty expensive. How
much top soil is on over 220 acres? You are talking millions of dollars.
Next comes the loam, the bank run, and the good stuff, the sand. On a
220 acre plus piece of land it is going to look like the piece up there
Northville Turnpike at Sound Avenue. How many million cubic yards are
going to be removed? Three million, four million, five million, nobody
knows. How many twenty two sand boxes, as these trailers are called, will
be taxing our local roads? Where will they enter and exit the property?
Will they create a traffic problem? You bet. Suppose they start going
accidentally west on Peconic, the bridge will become a dam. I know what
am talking about. What is down the road if Riverhead in the future decides
it is too costly to have their own water, maintaining the wells, the pumps,
build a new water tower? They will do what Mayor Kapell did, sell it.
Now, we got a valve on the east end, and a valve on the west end, and
possibility that there goes Southold's water. They may be drinking. it down
at the Town of Babylon. Back to a -golf course, the biggest problem is
fungicide. That is a killer. You mix the fungicide with the Temik, and
the amount of water that is going to be pumped out-of there, what is going
to happen to the local homeowners' wells? The Planning Board approved a
lot of stuff in this town, and I don't think it should. As far as I am.
concerned this town ought to wake up. All the appointed boards should be
two years, not five, and coincide with the Supervisor's term. Speaking of
the Planning Board, just take a look at the LILCO compressor station. I
asked the representative of LILCO, why in God's name did they buy that
piece of property when they had a clean piece across the street? Because
they saved $50,000. Mrs. Hussie knows I went to a few Zoning Board
hearings. I put a stink up. Based on my stink they went and had a second
test made, where I was present with the DEC. Lo and behold that
certified letter that you have on file with nothing but ten feet of clean
sand, and when you go in the back there are four holes along the fence
line because of LILCO. Those are methane vents. The complex drainage
system, the yards of debris removed by Rambo, well, no, he put the
pilings in, Dimaigio and Jett had to take it out of there. The
turnstile exit gate in the rear, that is a puzzler. It is so dangerous if
something happens who is ever in there has to make a dive through there
like a subway. The gate only goes one way. The berm, I think, is a
reflection berm. But, the bottom line was after all this was approved,
etc., etc., . .oh, by the way, the compressors were the first time in use,
experimental, and after them saving $50,000 purchasing that piece of
property the overrun over the original estimate after the DEC was involved
came to. . . . Present company excluded I think compost isn't the only thing
that stinks in this town. Thank you.
3 5 6 JUNE 9, 1998
SUPERVISOR COCHRAN: Thank you, Mr. Hickey. Is there anyone else
who would like to address the Town Board? (No response.) If not, I will
call on the Board for reports. The last couple of meetings we have had so
much business we haven't had the opportunity, so I will start on my right
with Brian Murphy. Do you have anything to report at this time?
COUNCILMAN MURPHY: Just that we are working on quite a number of
grants with Land Preservation Program hoping to get some more State and
Federal monies, and County monies, so that we can now leverage with our
money to be able to purchase more of the open space in the farmland
acquisition programs. That's it.
SUPERVISOR COCHRAN: I know you have been busy. Louisa?
JUSTICE EVANS: I just want to thank Chief Conway, and Captain
Corprane from the State Troopers coming over to Fishers Island last
week, and sitting down with several of the groups out there, and just
discussing the coordination between the two different law enforcement
agencies, and how it works on the island. They were very helpful.
SUPERVISOR COCHRAN: Good. John?
COUNCILMAN ROMANELLI: Myself, Councilman Murphy, Supervisor
Cochran, Ray Jacobs, the Chief of Police, Jamie Richter, a few members
from the Animal Shelter all got together down at the Animal Shelter to look
at new options for the Animal Shelter, look into expand. Ray is going to
give them a little land. The Chief is going to give a little land. We are
trying to open up that area, so the Animal Shelter can be a nicer home for
the animals. Also, I want to say last week, maybe it was two weeks ago
now, I went to the Greenport-Southold Chamber of Commerce dinner out in
Orient, at Orient by the Sea. They had probably one of the biggest
turnouts ever, which is a nice sign. Maybe the business community,
economy is strong. Their membership was up. The activity was fantastic,
and most of the people were pretty positive towards the actions that were
going on in the town at this point.
SUPERVISOR COCHRAN: John, would just clarify who is going to be
building the new shelter?
COUNCILMAN ROMANELLI: The Animal Shelter has their own money to
finance the building of the shelter. So, it is not coming from the town
money. All they are looking for from us is for a little more space so they
can spread out a little bit, and build a nicer shelter with nicer kennels,
and that was where the Superintendent of Highway has gotten involved,
because he has got sand piles, and old junk piles, and he is going to
straighten up and clean out to try to give some more space to Animal
Shelter. It is not Town money.
COUNCILWOMAN HUSSIE: Are they going to build on our land?
COUNCILMAN ROMANELLI: Yes.
COUNCILWOMAN HUSSIE: They are renting for a dollar or something?
COUNCILMAN ROMANELLI: We will develop a lease for them.
SUPERVISOR COCHRAN: Probably the same as what they have. They may
need some help from Town coffers for possibly some runs, but we don't
know yet. They are going to get their architect, and begin to plan. Alice?
COUNCILWOMAN HUSSIE: The only thing I want to say is, I know that the
public was quite surprised, and in some instances very disappointed that
the Board did form the utility that we were thinking of doing for the
electric. However, 1 do want to inform you in case you don't know, that we
have indeed hired a consultant to start the SEQRA process for us. So, all
is not lost. As I have been saying, it's not over until the fat lady sings.
SUPERVISOR COCHRAN- . William?
JUNE 9, 1998 357
COUNCILMAN MOORE: Just to follow Alice, all is not lost, and no one
said, no, last time around. If you are going to do it, let's do it right.
There is too many instances there where the steps of the Board can be
undone, and thrown, out even with the best of intentions at heart.
Participating in the Town Board is not all hard work. I have the good
pleasure this past Saturday of joining the Anti-Bias Task Force in a
program they ran out at Creenport, the 40th Anniversary of Motown,
and it was good music, good dancing, good food, and a good time, and
.there were people of all ages there from 16 years old to I don't want to
guess how old our oldsters were out there, but we were having a real nice
time, and if you missed it too bad for you. If you there I am sure you had
a good time, too. One of the things I will share for the ,public, that did
not attend our Work Session, we had a great 'presentation this morning from
Stuart Lowrie of the Nature Conservancy, telling us basically what the
Town Board has got to do to get ready for the 2% land transfer tax, if in
fact the State goes ahead and adopts this law, as we hope they will, and
anticipate they will. We have got a lot of homework, and legwork, that has
been in preparation for a referendum to go on the ballot in November,
before you can qualify for that referendum to set this tax in place, and
town taxpayers have to decide whether to do it or not. We have certain
steps we have to take in advance, and you have about eight weeks in which
to accomplish that, and we are well on our way, but the Board and
Planning staff is going to be very busy this summer working on a priority
list of potential sites for acquisition if in fact this legislation is put
in place, and the Town taxpayers approve this funding vehicle, so it was a
very interesting program from Stuart, and I am very excited about that,
because it is another tool. It is a good thing.
SUPERVISOR COCHRAN: I would like to thank Allstate. Every once in
awhile they come through with a little grant here, and a little grant there,
but it helps us to obtain some of the things we need, and they were kind
enough this past week to give $1,900 to the Transportation Committee for
doing something in the area of bike safety, and also, $1,000 was given to
the Police Department to purchase several more alcohol testing devices along
the road side, so thanks to Allstate once again, and we look forward to
your grant. As you may or may not know, Ian Luhrs is a young Scout
that is earning his Eagle Award through building a deck on the Human
Resource Center for the benefit of all the people that are up there during
the day, and especially the adult day care. So, they are not only in
wheelchairs all day, but they can go out and enjoy the fresh air, and the
sunshine. He has been doing fund raising. He needs about a $1,000 for
the project, and he has raised a good $700. This last $300 seems to be a .
little bit more difficult, so if any of you are interested in sending a
small check of $10.00 or whatever, send it to the Human Resource Center,
Ian Luhrs, and it is PO box 85, Mattituck, ' and I am sure it will be
appreciated. It helps not only our Human Resource Center, but it helps a
young man who has taken on quite a project. I had the opportunity to be
guest speaker at the NJROTC dinner. I would like to once again
congratulate those that are graduating, and those that will be continuing
with the program. They started out, I think, with a little over a hundred,
and ended up with 92 that stayed for the four years. It is an excellent
program. It develops skills in these young people as far, you know, as just
leadership, and self awareness as a person, and so on, and so forth. So,
they are to be congratulated for getting involved in the program as
cadets. Several weeks ago, Brian Murphy and myself, and Dick Ryan, had
the opportunity to go to the County Legislature, and once again, our role
was to ask them to support any legislation which would add to the coffers
in relation to purchasing farmland development rights, or open space, so we
did our pitch along with many other environmental organizations. I had the
opportunity to speak over here at Southold School to a program that is run
I think it's the Woman's Retreat, the COOL Program, Woman Resource
Center, and the COOL Program is for young girls in the 6th grade, and
again, it is an excellent program, and I would like to say, thank you. They
ask me each year to come over, and speak (tape change) Fort
Corchaug, there will be another cleanup on Saturday, June 27th, from
nine to four, and we are encouraging each of you to come and help us
clean up the site, and bring a pair of work gloves, and a bag lunch, and
learn more about the preserve, and some of the things that will be
happening there as you are cleaning up. 1 would like to say I have had
two recognitions recently that I am quite pleased with. The first one is
from Senator LaValle, and I was nominated as one of the Woman of
358 JUNE 9, 1998
Distinction throughout Suffolk County, and there were about twelve of us
that were nominated. We were invited to have lunch with Senator LaValle,
and I met some truly interesting women from throughout the County, that
were also nominated, be it a doctor from Brookhaven to a woman who's
child was killed by a drunk driver, and she has been working in that area
to the woman that is responsible for making the awareness of breast cancer
on the island. So, I was in good company, and I felt very honored, and we
enjoyed one another's company to the point of that we would like to have a
class reunion next year. It was good. It was good to see so many woman
with great skills, and ability in leadership, and different areas. Then I
was asked this past week to serve on a panel with woman's leadership, that
was held up at Suffolk Community College, and I was on the panel, Woman
in Government, and I had the pleasure of working on that panel with
Legislator Bredes, and our Lieutenant Governor, Elizabeth Ross. They
had an excellent turnout. They had between two and three hundred people
there. It was televised by Channel 27. 1 would say over 200 people. It
was televised by 27, so the key note speaker was Dr. Joyce Brothers. It is
the first time I, have ever heard her speak, and she was interesting. So,
these are two nice things I have had bestowed upon me lately, that I was
proud to be your Supervisor, and represent the Town of Southold. If
there is no other business to come before the Board I will entertain a
motion to adjourn.
Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
5:25 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.
Eliza eth A. Neville
Southold Town Clerk