HomeMy WebLinkAboutTB-08/04/1998 448 AUGUST 4, 1998
SOUTHOLD TOWN BOARD
AUGUST 4, 1998
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie; Justice
Louisa P. Evans, Councilman William , D. Moore, Councilman Brian G. Murphy,
Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski.
Absent: Councilman John M. Romanelli
9:00 A.M. Appointment-Tim Caufield and Margot Booth of the Peconic Land Trust
appeared before the Town Board with regard to the Fort Corchaug budget. They
were asked back to this meeting because a decision was not made at the last
one. They are trying to get to the point where the Fort site is usable for the
public to come in to see so that the fund raising will be easy. Mr. Caufield
stated that Phase I of the plan is the most important. They were also asking for
$24,000.00 to hire John A. Milner Associates consulting group to provide the
archaeological expertise for the management plan. Mr. Caufield said that the
Peconic Land Trust is not qualified to provide archaeological expertise' in this
matter, Immediate site work and clean-up, a safety plan, and salvaging and
removal of brush and the building are important in order to make it available for-
public use use and as a tourist attraction. Councilwoman Alice Hussie was
concerned that the management plan was not yet completed. Mr. Caufield said
that if closure on the management plan was of primary concern to the board,
Milner Associates would work incrementally. The Milner Group will be coming
out on August 20th and 21 st the Town Board was invited to meet with them.
Supervisor Cochran said that she would like the Board to move ahead at this
time and see the safety issues resolved and the entire Phase I adopted. The
Board agreed to $20,000.00. (See Resolution No. 17)
9:30 A.M. Appointment-Community Preservation Plan, Melissa Spero, Planner,
Richard Ryan, Chairman, Land Preservation Committee, Tim Caufield, Peconic
Land Trust, and John Sepenoski, Data Processing appeared before the Board
and presented them with the Draft. Document. The next step will be for letters
to be sent to all affected property owners. Supervisor Cochran asked that this
letter be shortened up. - Ms. Spero said that they will work on it this morning
and the letters will be in the mail this afternoon.
The Town Board reviewed the IV For Discussion Items on the Agenda:
IV 1. Letter from Fish Unlimited, Inc., and. Town of Shelter Island asking the
Town of Southold to join and support the clean-up of the Peconic River by the
passage of a similar resolution. The Town Board agreed. However, Town
Attorney Gregory Yakaboski felt the resolution should be somewhat modified. He
will prepare the resolution to be placed on this afternoons' agenda. IV.2. `
Policy on town employees working outside their positions for the Town.
Currently, all instance have been referred to the Board of Ethics. However,
the Town Board will be developing a policy for this. Supervisor Cochran advised
that she would like to add an update section to the agenda to inform board
members where they are on particular issues or matters. The board members may
also give their committee reports on a 2 week basis or monthly basis here. This
update section will be added to the future agendas from 9:00 A.M. to 9:30 A.M.
IV. 3. Notice of Applicants of Aged Exemption. Supervisor Cochran advised that
there has -been an increase in the exemption for seniors. She has Scott Russell,
Chairman of the Assessors working up the figures so that the Board will know
what it will cost before they vote on it. Supervisor Cochran said that it is not
ready' to come to the Board just yet. This is an update. IV. 4. Removal of
restriction on corporate. structure - Councilman Brian Murphy said that the use
is there, but they will be telling the .property owner how they must structure
their corporation. This was referred to the Town Attorney for preparation for
the next 'meeting on August 18th. IV. 5. Appointments to Land Preservation.
Hold for Executive Session - Personnel.
AUGUST 4, 1998 449
The Town Board took a short break from 10:00 A.M. to 10:15 A.M.
10:00 A.M. Appointment - Solid Waste Coordinator James Bunchuck re: Southold
Fire Department tipping fee. Mr. Bunchuck said that the Mattituck and
Cutchogue Fire Departments pay tipping fees. Southold has North Fork
Sanitation pick up their garbage regularly twice a week. This was debris from a
training exercise. The Board was of the opinion that if the rest of the fire
departments pay, then Southold should do likewise. A letter will be sent
advising them as such. Mr. Bunchuck advised that he will need a piece of
equipment for approximately $15,000.00, but he will present this at the next
board meeting on the 18th. Also, a bulldozer will be needed for the landfill
capping. The cost of which will be from $50,000.00 to $100,000.00.
Councilwoman Hussie suggested that one be rented for landfill capping
purposes. Mr. Bunchuck advised that he and Town Comptroller John Cushman
are writing up a job description for Mechanic III which should be ready for the
August 18th meeting. IV 8. Removal of Junk Cars off Fishers Island.
Supervisor Cochran advised that the Air National Guard also removed junk cars
from the Pine Barrens. They will have to remove the batteries, oil, gas, etc.
before air lifting them out. The Air National Guard is working with the NYS
DEC on this. Clarks Beach will be' the receiving point. The Town will have the
responsibility of contracting with a junk dealer to take them away. The number
of cars and the makes must be determined. Justice Louisa Evans said that she
thinks there will be approximately 15, but she will get an answer back on this.
Supervisor Cochran advised that she has about 6 - 8 items for the agenda for
the Fishers Island Town Board meeting. They plan to hold an informal meeting
on the boat on the way over with John Stype to discuss legal and insurance
issues. The boat will arrive at 11 :30 A.M. Lunch at 12:00 Noon at which time a
meeting will be held with the Ferry District to discuss matters of mutual concern
on the properties which the town owns and the Ferry District manages. There
are some questions on some of these properties that need to be taken care of.
10:30 A.M. Appointment with Special Counsel Francis Yakaboski and Planning
Board Chairman Bennett Orlowski regarding the Cross Sound Ferry Lawsuit.
There were questions and' concerns from the public at the last meeting that
nothing was being done. Special Counsel Francis Yakaboski was asked to attend
this meeting to give an update. He explained that action is still pending in the
Case of the Southold Citizens For Safe Roads. Intervenor status was granted in
that action. Cross Sound Ferry has appealed that decision, in addition, during
the SEQR process, Cross Sound Ferry started two Article 78 proceedings: (1)
challenging the operation. (2) breadth of the scope outlined during the SEQR
action. Both of these are determined by the Judge, who decided that Cross
Sound Ferry should continue with the DEIS process. In addition, in the early
part of this year Cross Sound served a complaint against the Town challenging
the wording of Section 100-200, 253, consequently that complaint was the subject
of a motion to dismiss by us which was denied. However, we still had the
decision from the court saying to do your DEIS. There have been numerous
postponements regarding filings of complaints to dismiss, etc.- At this point,
it was suggested that the Board enter into Executive Session to discuss
litigation.
On motion by Councilwoman Alice Hussie, seconded by Councilman Brian G.
Murphy, it was RESOLVED that the Town Board enter into Executive Session at
1.1:05 A.M. for the purpose of discussing litigation. Vote of the Board: Ayes:
Supervisor Cochran, Councilwoman Hussie, Justice Evans, and Councilman
Murphy. Also present: Town Clerk Elizabeth Neville and Town Attorney Gregory
Yakaboski. On motion by Councilman Murphy, seconded by Councilwoman Hussie,
it was RESOLVED that this Town Board Executive Session be recessed at 11:45
A.M.
Vote of the Town Board: Ayes: All.
11 :45 A.M. (11 :00 A.M.) Appointment with John Raynor re: Preparation of
Emergency Evacuation Plan. The Town Board is being asked to join in with the
Five (5) Fast End Towns for an immediate evacuation plan. Mr. Raynor advised
that he is still working on the Fishers Island Evacuation Plan. Supervisor
Cochran felt that the Town of Southold should be developing their own plan
because the ingestion zone is a large problem. Supervisor Cochran advised the
Town Board that there is an invitation to visit Millstone for anyone who would
to go. This matter will be held for the next town board meeting.
450 AUGUST 4, 1998
12:00 P.M. Noon - The Town Board resumed IV. for Discussion Items. IV. 6
Code Enforcement, Edward Forrest, Building Department Head. Mr. Forrester
advised that there are currently 100 permits a year for buildings built without a
permit. All they do is apply for a permit, pay the fee, and that's it. This
matter will be taken under advisement by the Board. Mr. Forrester is also
asking for authorization to write Building Permits udner Section 45-3, when
needed. Councilwoman Hussie objected to this and had many other questions
about the Building Department. Town Attorney Yakaboski will prepare the
paperwork to add it to the code and the Board will discuss it again in the
future. Mr. Forrester was asked to bring back various monthly reports from
the Building Department.
12:55 P.M.The Town Board reviewed the resolutions to be voted upon at the
4:30 P.M. regular meeting.
On motion by Justice Evans, seconded by Councilman Murphy, it was RESOLVED
that the Town Board enter into Executive Session at 1:05 P.M.for the purpose of
discussing personnel and property acquisition. Vote of the Board: Ayes:
Supervisor Cochran, Councilwoman Hussie, Justice Evans, and Councilman
Murphy. Also present: Town Clerk Elizabeth Neville and Town Attorney
Gregory Yakaboski. On motion by Councilman Murphy, seconded by
Councilwoman Hussie, it was RESOLVED this this Executive Session be recessed
at 2:05 P.M
Vote of the Town Board: Ayes: All.
Resolution numbers 22. Appointing members to the Southold Town Land
Preservation Committee; and 23. Engaging the services of Andrew D. Stype to
conduct an appraisal on behalf of the Land Preservation Committee on the second
parcel of the Fitzgerald- property on Fishers Island were placed on the agenda as
a result of this executive session.
The work session ended at this time, 2:05 P.M.
AUGUST 4, 1998 451
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on August
4, 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 Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Absent: Councilman John M. Romanelli
SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills
of August 4,1998?
Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $149,405.81; General Fund
Part Town bills in the amount of $986.98; Highway Fund Whole Town bills in
the amount of $5,085.26; Highway Fund Whole Town bills in the amount of
$4,748.06; Capital Projects Account bills in the $37,681 .00; Ag Land
Development Rights bills in the amount of $1,395.00; Landfill Cap 8 Closure
bills in the amount of $7,709.75; Computer System Upgrade bills in- the
amount of $348.95; Employee Health Benefit Plan bills in the amount of
$39,066.51; E-W Fire Protection District bills in the amount of $11,459.64;
Fishers Island Ferry District bills in the amount of $7,839.08; Refuse and
Garbage District bills in the amount of $14,205.55; Southold Wastewater
District bills - in the amount of $2,985,00; Fishers Island Ferry District
Agency & Trust bills in the amount of $386.94.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
.This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Motion to approve the minutes of July 21, 1998,
Southold Town Board meeting.
Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the July 21, 1998, Town Board meeting be
and hereby- are approved.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: To set the Annual Fishers Island Town Board
meeting, Wednesday, August 12, 1998 at 1 :30 P.M.
Moved by Councilwoman Hussie, seconded by Councilwoman Hussie, it was
RESOLVED the next meeting of the Southold Town Board will held at 1 :30
P.M., Wednesday, August 12, 1998, at Fishers Island, New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman .Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: To set the next Town Board meeting on the
mainland here Tuesday, August 18, 1998 at 7:30 P.M.
Moved by Councilwoman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED the next regular meeting of the Southold Town Board will be
held at 7:30 P.M., Tuesday, August 18, 1998., at the Southold Town Hall,
Southold, New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
452 AUGUST 4, 1998
I. REPORTS.
SUPERVISOR COCHRAN: As you may, or may not be aware there are copies
of the agenda out in the front foyer. For those of you that do have them,
one of things on our agenda, that the Town Board gets every two weeks,
but they are usually on a monthly basis, are reports from the different
departments, and the different committees functioning within your
government. We have reports from the Planning Board Offices, one for May,
and one for June. You will also find them posted on the Bulletin Board.
They are available. It is public information.
1 . Southold Town Planning Board Monthly Report for May, 1998.
2. Southold Town Planning Board Monthly Report for May, 1998.
11. PUBLIC NOTICES.
SUPERVISOR COCHRAN: Public Notices, DEC, Breezy Shores to remove
300 feet of failed bulkhead, and replace. New York State DEC, an
application to install a water control structure, provide management
capability on a site during waterfowl nesting, and this is over on Fishers
Island. They are doing a nesting project by the airport. Hopefully, I have
been told it will be finished by the 12th of this month. I have my doubts,
but hopefully they will get it- done. It is being done with the DEC, and the
Ducks Unlimited, and several others. National Wildlife I believe is
involved. So, it is a good project.
1 . New York Sate Department of Environmental Conservation, Notice of
Complete Application of Breezy Shore Inc. to remove bulkhead and replace
with rock revetment and fill behind revetment with concrete rubble existing
on site and clean upland fill on property located at Sage Boulevard,
Southold, Town of Southold. Written comments by August 21, 1998.
2. New York State Department of Environmental Conservation, Notice of
Complete Application of the Town of Southold to install a water control
structure t provide management capability to impound water on site during
waterfowl nesting and migration for a project located at Elizabeth Field
Airport, Fishers Island, New York. Written comments by August 28, 1998.
III. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications,' we did have a letter from the
Commissioner of Public Works acknowledging the receipt of the request from
us regarding a travel signal at County Road 48, Middle Road, Tzanck's
Lane in Cutchogue, and a notice from the DEC Marine Resource filing the
emergency regulations in relation to recreation black bass season
1 . Charles J. Bartha, Commissioner, Department of Public Works, to
Supervisor Cochran in regard to a signal at County Road 48, Middle County
Road and Zack's Lane in Cutchogue.
2. New York State Department of Environmental Conservation, Bureau of
Marine Resources. in regard to re-filing the emergency regulations
concerning- the recreational black sea bass closed season.
IV. PUBLIC HEARINGS.
1 . 5:00 P.M., on a proposed "Local Law in Relation to the 20 Land Bank
Bill".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy that
prior to the passage of any of the resolutions, we give you the opportunity
to have input, and comments in relation to the resolutions. If it is other
Town business there is a portion of the meeting set aside at the end of the
meeting, and we would be very happy to take your comments on any given
topic. At this time, are there any comments or input in relation to the
resolutions we will be acting up?
AUGUST 4, 1998 453
RAY HUNTINGTON: Ray Huntington. I wanted to compliment the
Supervisor, Councilman Murphy, the staff of the Town government, and the
Board as a whole, but in particular Valerie -Scopaz, Melissa Spiro, and John
Sepenoski, as well as Dick Ryan, and Tim Caufield, speaking
incidentally in behalf of Safe Open Space Now, and we want to compliment
this particular group of people for the excellent work that has been done in
the preparation of the Community Preservation Fund Plan, which is on
today's agenda. The fact that it is here is not exactly a miracle
considering the quality of the people that we are talking about, but it
really is very good for Southold. We want to express our appreciation for
the extended effort that these people made, because there was little time,
and other responsibilities to cover during the time period that this work
was done, and we certainly appreciate that. We are proud of our
government.
SUPERVISOR COCHRAN: Thank you. I did take the time to thank the
staff, and those volunteers involved in the committee this morning, because
they have done such a superb job getting us on track, and having
everything ready for where we are supposed to be, so we are pleased. May
I just ask you a question? Someone is doing a survey, in town in relation
to, I guess, the 2%, and some other things, and I wondered if you had an
knowledge of that?
RAY HUNTINGTON: I am not exactly in possession of detailed information,
but we certainly are interested in this issue.
SUPERVISOR COCHRAN: I was just wondering if you were the group that
was doing. the survey.
RAY HUNTINGTON: I never heard of such a survey.
SUPERVISOR COCHRAN: Someone is doing it by phone calls, and I heard
about it this morning, and just wondered.. I thought of you people.
RAY HUNTINGTON: We are interested in it, and would participate in
whatever way we can.
SUPERVISOR COCHRAN: Thank you. Anyone else?
FRANK CARLIN: Frank Carlin. Item #4, Madame Supervisor, donated funds
for street lights, and fixtures, huh? How do you get that? Are you
donating the 'money, or what?
JUSTICE EVANS: Fishers Island. They put in street lights. People from
there donated money.for the cost of the lamps.
FRANK CARLIN: It didn't say Fishers Island, so I didn't know. Sorry.
Item 17, $20,000 Peconic Land Trust for Phase I of the proposed budget for
Down's? What does that do? What is that supposed to be for?
SUPERVISOR COCHRAN: That is Fort Cutchogue, the term that is being
used is the Down's Farm Preserve at which Fort Cutchogue is located. They
have been -working up there on trails, and so on, •and so forth, Frank, and
this fund is to mitigate some of the safety hazards that are on the site.
So, it is kind of letting us begin to make it accessible for the public.
FRANK CARLIN: Eighteen involves almost the same thing. Is that
connected to it?
COUNCILWOMAN HUSSIE: That is getting the money.
SUPERVISOR COCHRAN: We have the Park and .Playground Fund, which
that is the purpose of it when people develop. subdivision, and they pay
into the fund. The fund can only be used for parks, and so this funding
will come for these improvements from this fund.
FRANK CARLIN: Twenty-six, this 20 here, I take it when you go sell
your real estate this program means you are going to be paying 2% on the
value of your house. If you sell it you got to pay 2% like a sales tax?
454 AUGUST 4, 1998
SUPERVISOR COCHRAN: The way the law reads, Frank, is, yes, it would
be a 2% cost over and above $150,000 on improved land, and $75,000 on
unimproved land. This is the plan that we have been working on, and that
the staff' that you just heard about . has put in place. We have some
legislation that has to be passed. We have to identify the parcels that we
feel we are interested in preserving, and we asked for any over ten
acres. We began with classifying those first, and then had the public come
in. Anything under ten acres they were able to add to it. It can be
anything from farmland to wetlands to historical sites that should be
preserved. So, it will create a fund, which can be used only for the
purposes of acquiring the scenic. .you can buy a lot of different things.
This will be on the ballot in November, so everybody will have the
opportunity to vote on it.
FRANK CARLIN: So it adds up to if you sell your property, if you sell
your house, you get taxed 2% on it.
JUSTICE EVANS: It is taxed on the buyer.
FRANK CARLIN: Whoever buys it has got to pay the 20. Well, either way
it is 20.
SUPERVISOR COCHRAN: Say you sell it for $170,000. You are going to
pay 2% on the $20,000. It is a volunteer program for the people who's
property is listed. It is nothing that is imposed.
FRANK CARLIN: Item 27, Madame Supervisor, is one issue I don't agree
with you on. I am going to have to tell 'you right now. This moratorium,
can't see putting a moratorium in Route 48 looking to restrict commercial
businesses in one particular area in- this town. I don't think it is fair.
You need business in this town. A town without business don't survive.
SUPERVISOR COCHRAN: I know that, Frank.
FRANK CARLIN: We need more in this town than just wineries and open
space. I don't agree with you on this one.
SUPERVISOR COCHRAN: That's okay. It is your right. Anybody can
disagree with me.
FRANK CARLIN: I want to tell you. I don't agree with you on it.
SUPERVISOR COCHRAN: I am holding firm on this one, Frank.
FRANK CARLIN: I know you are holding firm on it. That is your option to
do this, but I don't think it is right. It doesn't make sense to say that,
well, we are going to freeze this for nine months, but you can still put in
for a permit anyway. Who is going to put in for a permit, and wait nine
months not knowing what the outcome of this, if any, of this moratorium.
That don't make sense to me. It doesn't make any sense.
COUNCILMAN MOORE: It is simply giving the option of putting the
application in. Rather than not putting, I am not saying, you won't
entertain an application. At least someone can process it if they so desire.
FRANK CARLIN: Start restricting business in the town to too much of a
degree you are going to run into problems.
SUPERVISOR COCHRAN: I think a lot of this will be beneficial to the
business community. You have to have a viable, healthy environment, but
you have to have a healthy, viable economic base also. One supports the
other, so as this moves .along I think you will see benefits in both
directions. We will disagree, on this one, Frank.' Mr. Cold?
JOE COLD: Joe Cold, Southold. I would like to comment on the same
resolution, and I would like to commend you Jean personally for putting
this in front of the Board, because as I understand it this is your personal
effort, your personal recommendation, that has- gotten this moratorium in
front of us, and I think it is one of the best things that has happened to
this town in a long time. 1 hope it is the first step in a major planning
initiative in the town, because you can't plan while the builders are
AUGUST 4, 1998 4 5 5 .
building. My fear has been all along that the quality of this town is
changing one building at a time. Nobody is putting in Levittown here.
There is a house here, and house there, and a business here, and a
business there, and while we are talking about planning they are going up,
and I think this moratorium is a major effort, and I commend-you for it.
SUPERVISOR COCHRAN: Is there anyone else who would like to address
the Town Board? (No response.) If you have something else we will take it
at the end of the meeting. If not, we will move along with the resolutions.
1 .-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Kr-istopher Campbell as a Lifeguard (1st year) for the - Town of Southold
for the remainder of the 1998 summer season, at a salary of $7.50 per
hour, effective immediately.
I .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
2•- Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an agreement
with Richard Haile for the folk dancing lessons program at a salary of
$20.00 per hour for the 1998 summer season recreation programs, all in
accordance with the approval of the Town Attorney.
2.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
3.- Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town Budget as follows:
To:
Revenues•
A.2705.40 Gifts E Donations
Other Donations $755.00
Appropriations:
A.6772.2.400.100 Programs for the Aging
Capital Outlay
Deck $755.00
3_- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
4.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
Revenues•
A.2705.40 Gift E Donations $695.83
Appropriations:
A.5182.2.500.500 Street Lighting, Capital Outlay
Street Light Fixtures $695.83
COUNCILWOMAN HUSSIE: This is for the street lights associated with the
Fort Wright celebration on Fishers Island.
4.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
5.- Moved by Councilman Murphy, 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:
A.1310.1 .100.100 Accounting 8 Finance, P.S.
Full-Time Employees
Regular Earnings $990.00
456 AUGUS' T 4, 1998
From
A.1310.4.500.100 Accounting & Finance, C.E.
Fee for Service, Non-Employees
Bond Counsel/Bond Fees $990.00
5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
6.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute the 1998
agreement with the Robert Perry Child Day Care Center, 3rd Street,
Creenport, New York to provide child ,day . care for low/middle income
families, all in accordance with the approval of the Town Attorney.
6.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman. Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
7.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an agreement
between the Town of Southold and the Suffolk County Office for the Aging,
for the Community Services for the Elderly Senior Day Care Program
(CSE Day Care), for the period April 1, 1998 through March 31, 1999, at
an agreed cost not to exceed $20,867.00; said agreement all in accordance
with the Town Attorney.
7.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
8.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes a refund of $47.50 to the Griswold-Terry-Clover Post American f
Legion Auxiliary Unit 803, Southold, New York, which sum represents nine
(9) Bingo occasions under their Bingo License No. 3984, which have been
cancelled due to resignation of Bingo Chairman and lack of workers.
8.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
9•- Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
RESCINDS resolution no. 23, adopted on July 21, 1998, setting the time
and place for a public hearing upon the question of the acceptance of the
offer of the Estate of Oscar Bloom SCTM No. 1000-44-4.3.1, North Road,
Southold, New York, pursuant to the provisions of Chapter 59, Open Space
Preservation.
9.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
10•- Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 4th day of August, 1998, a
Local Law entitled "A Local Law in Relation to Main Street, New Suffolk";
now, therefore, be it
RESOLVED that the Town Board of ' the Town of Southold hereby sets
8:10 P.M., August 18, 1998 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 Main Street, New Suffolk
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 92 (Vehicles E Traffic) of the Code of the Town of Southold is
hereby amended as follows:
Between the
Name of Street Side Hours of Location
Main Street north at all times New Suffolk, along the
north side of Main
Street between First
& Second Streets in
its entirety.
AUGUST 4, 1998 457
This Local Law shall take effect upon filing with the Secretary of State.
10.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Resol.. amended 9/1 /98 resol. #7
11 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Board of Commissioners of the Fishers Island Ferry
District to engage the services of Timothy J. Keating as a full-time Ferry
Captain, effective immediately, at a salary of $15.25 per hour.
11 .-Vote of the Town Board: Ayes: Councilman Murphy,
Y Councilman Moore
=j Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
12.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Board of Commissioners 'of the Fishers Island Ferry
District to accept the proposal of Whaling City Dredge and Dock Corp. to
perform emergency repairs in the form of removal and replacement of a
seven pile dolphin at the ramp at New London, Connecticut, at a cost not
to exceed $9,300.00.
12.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
U.-Moved by Councilman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Board of Commissioners of the Fishers Island Ferry
District to engage the services of Michael S. lannaci as a part-time deck
hand effective immediately at a salary of $8.32 per hour.
13.=Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
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 grants
permission to the Board of the Commissioners of the Fishers Island Ferry
District to engage the services of Alan N. Gordon as a projectionist for the
Fishers Island Community Theater, effective immediately at a salary of
$47.00 per show.
`'. 14.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
15.- Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby .accepts
the bid of Capital Highway Materials, Inc., Baldwin Place, N.Y. for
supplying the Southold Town Highway Department with 10,000 linear feet of
Snow Fence (more or less as may be needed) at a cost of $72.00 per 100 ft.
roll delivered, and 500 ft. studded steel T-Posts (more or less as may be
needed) at, a cost of $2.92 per post delivered; said items all in accordance
with bid specifications.
15.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
-Resolu ion Amended 8/18/98 resol. 5
16.- Moved 9y Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Valerie D. Maione as an assistant cook for the, Nutrition
Program at the Human Services Center for 35 hours per week at a salary of
$8.59 per hour, effective immediately.
16.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
17.- Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates
$20,000.00 to the Peconic Land Trust for phase I of the proposed budget
for Down's Farm Preserve, to be paid from the 1988 park and playground
budget.
458 AUGUST 4, 1998
17.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
18.-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:
I`
A.2025.00 Special Recreational Facilities $20,000.00
If
Appropriations:
A.7110.2.500.850 Parks $20,000.00
Capital Outlay
Downs Farm Preserve Improvements
18.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
19.- Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, the Peconic Land Trust currently has an application pending
with the NYS Department of Parks, Recreation i; Historic Preservation's
1998 Acquisition Grant Program, requesting a grant in the amount of
$432,5000; and
WHEREAS, the Town Board wishes to encourage other methods of open
space and farmland preservation including the voluntary granting of
conservation easements by private landowners to private conservation
organizations, and the use of bargain sales by private landowners to
private conservation organizations; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby
determines that the acquisition efforts of Gazza, Lettieri, and the
Peconic Land Trust is pursuant to the Town's clearly delineated public
policy to protect the scenic, open space character of the Town, and that
said efforts will yield a significant public benefit, and;
BE IT FURTHER RESOLVED, that the Southold Town Clerk forward a
copy of this resolution to the Peconic Land Trust, P.O. Box 2088,
Southampton, N.Y. 11969.
19.- Vote of the Town Board: Ayes: Councilman Murphy, Councilwoman
Hussie, Supervisor Cochran. Abstain: Councilman Moore.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We are going to hold #20, a resolution supporting
the clean-up of the Peconic River.
21 .- Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for a
part-time Fishers Island Constable.
21 .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
22.= Moved by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
the following individuals as members of the Southold Town Land
Preservation Committee, effective July 3, 1998 through July 3, 2000, they
to serve without compensation: •
Frederick A. Lee
Reed W. Jarvis, Jr.
Mary Bess Phillips
22.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
23.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Andrew D. Stype, Certified Real Estate Appraiser, at a cost
of $1,000.00 to conduct an appraisal on behalf of the Land Preservation
Committee on the following property:
AUGUST 4, 1998 459
Janet Fitzgerald
Central. Avenue
Fishers Island
Tax Map No. 1000-006-08-006
Approximately .85 acre
23,,,:-Vote of the Town Board: Ayes: ' Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED..
24'•.-Moved by Councilman Murphy, seconded by Councilman Moore,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 4th day of August, 1998, a Local Law entitled, "A Local
Law in Relation to Creating and Establishing an Advisory Board for the
preservation of open space with the Town of Southold (to be known as the
"Southold Community Preservation Fund") of the Southold Town Code; now,
therefore be it '
RESOLVED that the Town Board of the Town of Southold hereby sets
8:12 P.M., Tuesday, August 18, 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 Creating and Establishing an Advisory Board
for the Southold Town Community Preservation Fund, which reads as
follows:
A Local Law to establish an Advisory Board for the Southold Community
Preservation Fund as authorized by New York State Town Law section 64-e to advise the
Town Board on proposed acquisitions of interest in real property using monies from the
Southold Community Preservation Fund.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
The Southold,Town Code is hereby amended by adding a new Article to Chapter 6,
to be Article III, Community Preservation Furld Advisory Board, Article III to read as follows:
ARTICLE III
Community Preservation Fund Advisory Board
§§ 6-66 through 6-59 (reserved)
§6-60 Community Preservation Fund Advisory board established.
A The Town of Southold Community Preservation Fund Advisory Board is
hereby established.
B. The purpose of the Advisory Board is to review and make recommendations
on proposed acquisitions of interests in real property using monies from the
Community Preservation Fund.
C. The Advisory Board shall act in an advisory capacity to the Town Board.
460 AUGUST 4, 1-998
D. The Advisory board shall consist of seven (7) members who shall be legal
residents of the Town and who shall serve without compensation. No
member of the Town Board shall serve on the advisory board.
E. A majority of the members appointed shall have demonstrated experience
with conservation or-land preservation activities. In addition, at least one (1)
member of the advisory board shall be an active farmer.
F. The Town Board hereby appoints the members of the Land Preservation
Committee as the members of the Advisory Board. Appointees to the Land
Preservation Committee shall serve concurrently as members of the
Community Preservation Fund Advisory Board.
§§ 6-61 through 6-63(reserved)
§ 6-64 SEVERABILITY:
If any clause, sentence, paragraph, section, or part of this Article shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be-confined in its operation to the clause,
sentence, paragraph, section, or part thereof directly involved in the controversy in which
such judgment shall have been rendered.
§§6-65 Effective Date:
This Local Law shall take effect immediately upon filing with the Secretary
of State as provided by law.
24!* -Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
25.. .-Moved by Councilman Moore, seconded by Councilwoman Hussie,
WHEREAS, there has been presented to the Town Board. of the Town of
Southold, on the 4th day of August, 1998, a Local Law entitled, "A
Local Law in Relation to Creating and Establishing a Project Plan for the
preservation of open space with the Town of Southold (to be known as the
"Southold Community Preservation Fund") of the Southold Town Code;
now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby sets
8:15 P.M., Tuesday, August 18, 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 Creating and Establishing a Project Plan for the
Southold Town Community Preservation Fund, which reads as follows:
A Local Law to Establish the Community Preservation Fund as
authorized by New York State Town Law section 64-e.
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
The Southold Town Code is hereby amended to add a new Chapter
thereto, to be Chapter 6, Southold Community Preservation Fund,
Article 1 of said chapter to read as follows:
CHAPTER 6
CommWITY PRESERVATION FUND
ARTICLE I
Southold Community Preservation Fund
AUGUST" 4,- 1998 461
§6-1 Title.
This' chapter of the Southold Town Code shall be known and may
be cited as the "Community Preservation Fund."
§§ 6-2 through 6-6. (Reserved)
§ 6.7 FINDINGS:
The Town of Southold possesses a rich heritage of scenic,
historic and natural resources, which are vital to the Town's sense
of place and to its economic success as a community. The lands
which comprise these resources are rapidly being lost to
development, however, and the Town's special identity is in danger
of being damaged forever. In furtherance of its objective of
preserving the Town's remaining natural, scenic, and historic
treasures, the Southold Town Board finds it necessary to establish
a dedicated fund for their conservation. Such fund is specifically
authorized under § 64-e of the New York Town Law and is necessary
to the enactment of a two percent (2%) real estate transfer tax,
which is also authorized by Town Law § 64-e and Tax Law Article 31-
D and which the Town Board finds to be necessary to effectuate the
Town's community preservation goals.
§� 6-8 through 6-11. (reserved)
§ 6-12 Purposes.
It is the purpose of this Chapter to establish and create the
Southold Community Preservation Fund for the purpose of Community
Preservation as that term is defined in Town Law section 64-e (1) (b)
and section 6-16 of this Chapter. Community Preservation includes
protecting and preserving open and undeveloped lands in the Town of
Southold, including wetlands, woodlands, agricultural lands,
shorelands, and the other natural resources of the Town; for the
purpose of protecting historic places and properties within the
Town; and for the purpose of providing the Town's visitors and
residents with outdoor recreational opportunities, all in
accordance with the provisions of § 64-e of the New York State Town
Law and as more fully set forth therein.
§§ 6-13 through 6-15. (reserved)
§ 6-16. Definitions.
As used in this chapter, the following words and terms shall
have the meanings indicated:
ADVISORY BOARD - shall mean the Southold Community
Preservation Fund Advisory Board to be established and created
by the Town Board pursuant to Town Law section 64-e (5) .
COMMUNITY PRESERVATION - shall mean preservation of community
character which shall involve one or more of the following
purposes:
A. Establishment of parks, nature preserves, or
recreational areas;
B. Preservation of open space, including agricultural
lands;
462 AUGUST 4, 1998
C. Preservation of lands of exceptional scenic value;
D. Preservation of fresh and saltwater marshes or other
wetlands;
E. Preservation of aquifer recharge areas;
F. Preservation of undeveloped beach lands, shoreldnds or
shoreline;
G. Establishment of wildlife refuges for the purpose of
maintaining native animal species diversity, including
the protection of habitat essential to the recovery of
rare, threatened, or endangered species; '
H. Preservation of pine barrens consisting of such biota as
pitch pine and scrub oak;
I. Preservation of unique or threatened ecological areas;
J. Preservation of brooks or streams, rivers and river
areas in natural, free-flowing condition;
K. Preservation of forested land;
L. Preservation of public access to lands for public use
including stream rights and waterways;
M. Preservation of historic places and properties listed on
the New York State Register of Historic Places and/or
protected under a municipal or local historic
preservation ordinance or local law; and
N. Undertaking any of the aforementioned in furtherance of
the establishment of a greenbelt.
COMMUNITY PRESERVATION PROJECT PLAN - shall mean the Southold
Community Preservation Project Plan to be adopted by the
Southold Town Board pursuant to Town Law § 64-e (6) which
shall be known as the Southold Community Preservation Project
Plan.
FUND - shall mean the Southold Community Preservation Fund
established and created by this chapter pursuant to Town Law §
64-e.
6-17 through 6-19. (reserved)
§ 6-20 Southold Community Preservation Fund established.
A. The Southold Community Preservation Fund is hereby
established as authorized by' § 64-e of the New York Town
Law.
B. Deposits into the fund may include revenues of the Town
from whatever source, and shall include,. at a minimum,
all revenues from a real estate transfer tax imposed by
the Town pursuant to Article 31-D of the New York Tax
Law.
C. The fund shall also be authorized to accept gifts of any
such interests in land or of funds. Interest accrued by
monies deposited in the fund shall be credited to the
fund.
AUGUST 4, 1998 463
D. In no event shall monies deposited in the fund be
transferred into any other account:
E. Nothing contained in this chapter shall be construed to
prevent the financing in whole or in part, pursuant to
the New York Local Finance Law, of any acquisition
authorized pursuant to .this chapter. Monies from the
fund may be utilized to repay any indebtedness or
obligations incurred pursuant to the Local Finance Law,
consistent with effectuating the purposes of this
chapter.
F. Since 1980 the Town of Southold has incurred or
authorized bonded indebtedness in the amount of approximately
$11, 000, 000.00 (Eleven million dollars) for open space purposes.
The number of residents of the Town of Southold per the 1990 U.S.
Census was approximately 20, 000. The Town Board hereby determines
and finds that the Town has incurred or authorized bonded
indebtedness since 1980 for open space purposes equal to or greater
than two hundred dollars per Town resident and thus the Town has
complied with the per resident financial commitment requirement set
forth in Town Law section 64-e (2) .
6-21 through 6-23. (reserved)
6-24 Purposes of the fund.
A. The purposes of the fund shall be exclusively:
(1) To implement the Southold Community Preservation
Project Plan for Community Preservation as required
by § 64-e (6) of the Town Law;
(2) To acquire interests or rights in real property for
the preservation of community character within the
Town, including the portion of any village therein,
in accordance with said plan;
(3) To establish a bank pursuant to a transfer of
development rights program consistent with § 261-a
of the Town Law, at the sole discretion of the Town
Board;
(4) To provide a management and stewardship program for
such rights and interests acquired by the fund,
consistent with the provisions of this chapter and
in accordance with the Southold Community
Preservation Plan.
B. The acquisition of interests and rights in real property
under the fund shall be in cooperation with willing
sellers.
C. Not more than ten percent (10%) of the fund shall be
utilized for the management and stewardship program
provided for in paragraph A (4) of this section.
D. If the implementation of the Southold Community
Preservation Project Plan has been completed, and funds
are no ' longer required for the purposes set forth in
paragraph 6-24 (A) , any remaining monies in the fund
shall be applied to reduce any bonded indebtedness or
obligations incurred to effectuate the purposes set
forth in paragraph 6-24 (A) .
�§ 6-25 through 6-27. (reserved)
464 AUGUST 4, 1998
§ 6-28 Acquisition of interests in property; public hearing and
other .requirements.
A. No interest (s) or right (s) in real property shall be
acquired pursuant to this Chapter until a public hearing
is held as required by § 247 of the New York General
Municipal Law. However, nothing herein shall prevent
the Town Board from entering into a conditional purchase
agreement before a public hearing is held.
B. Any resolution of the Town Board approving an
acquisition of land pursuant to this Chapter shall
include a finding that acquisition was the best
alternative for the protection of community character of
all reasonable alternatives available to the Town.
§� 6-29 through 6-31 (reserved)
6-32 Management of lands acquired pursuant to chapter.
A. Land(s) or interests) in real property acquired
pursuant to this chapter shall be administered and
managed in a manner which:
(1) allows public use and enjoyment in a manner
compatible with the natural, scenic, historic, and
open space character of such lands or interests in
real property;
(2) preserves the native biological diversity of such
lands or interests in real property;
(3) With regard to lands as open space (as opposed to
lands acquired for active recreation use or public
water access, . or improved lands acquired for
historic preservation reasons) , improvements shall
be limited to those designed to enhance access for
passive use of such open space lands, such as
nature trails, boardwalks, bicycle paths, and
peripheral parking areas, provided that such
improvements do not degrade the ecological value of
the land or threaten essential wildlife habitat;
and
(4) preserves cultural property, historic properties,
historic and cultural resources in a manner which
is consistent with accepted standards for historic
preservation.
B. The Town may enter into agreements with corporations
organized under the New York Not-For-Profit Corporation
Law and which engage in land trust activities, in order
to provide for the management of lands acquired pursuant
to this Chapter, • including less than fee interests in
land. Any such agreements shall, however, provide that .
such corporations shall keep the lands under management
accessible to the public unless such corporations shall
demonstrate to the satisfaction of the Town Board that
public access would be detrimental to the lands or to
any natural resources or features associated therewith.
§§ 6-33 through 6-35 (reserved)
AUGUST 4, 1998 4 5
§ 6-36 Alienation of land acquired using the fund.
A. Rights or interests in real property which are acquired
with monies from the fund shall not be sold, leased,
exchanged, donated, or otherwise disposed of or used for
other than the purposes permitted by this chapter
without the express authority of an act of the State
Legislature, which legislature is required to provide
for the substitution of other lands having equal
environmental and fair market value and reasonably
equivalent usefulness and location. to those to be
discontinued, sold, or disposed of, and such other
requirements as shall be approved by the legislature.
B. In addition to an act of the State Legislature, real
property acquired with monies from the fund shall not be
sold, leased, exchanged, donated, or otherwise disposed
of or used for other than the purposes permitted by .this
chapter, except after compliance with the alienation
procedures set forth in the Open Space Preservation
Chapter of this Code, specifically Chapter 59.
C. This section shall not apply to the sale of development
rights by the Town acquired pursuant to this chapter,
where said sale is made by a central bank created by the
Town and pursuant to a transfer of development rights
program established by the Town pursuant to § 261-a of
the Town Law, provided however, that:
(1) The lands from which said development rights were
acquired shall remain preserved in perpetuity by -a
permanent conservation easement or other instrument •
that similarly preserves community character as
defined and set forth in the definition of
"Community Preservation" in this Chapter; and
(2) That the proceeds from any such sale shall be
deposited in the Southold Community Preservation
Fund.
§§ 6-37 through 6-38 (reserved)
§ 6-39 SEVERABILITY:
If any clause, sentence, paragraph, section, or part of this
Article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
§ 6-40 EFFECTIVE DATE:
This Local Law shall take effect immediately upon filing with
the Secretary of State as provided by law.
2.%-Vote of .the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
466 AUGUST 4, 1998
26.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 4th day of August, 1998, a Local Law entitled, "A
Local Law in Relation .to Imposing a 2% Read Estate Tax for the preservation
of open space with the Town of Southold (to be known as the "Southold
Community Preservation Fund") of the Southold Town Code; now, therefore
be it
RESOLVED that the Town Board of the Town of Southold hereby sets set
8:20 P.M., Tuesday, August 18, 1998, Southold Town Hall, 5309 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 Imposing a 20 Real Estate Transfer Tax for the
Southold Town Community Preservation Fund, which reads as follows:
A Local Law imposing a two percent (2%) real estate transfer
tax on the conveyance of interests in real property in the Town of
Southold, including the incorporated villages therein, with the
revenues derived from this tax to be deposited in the Southold
Community Preservation Fund for the purpose of preserving open
space and historic places within the Town.
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
The Southold Town Code is hereby amended to add a new Article
to Chapter 6, to be Article IV, 2% Real Estate Transfer Tax,
Article IV to read as follows:
ARTICLE IV
2% Real Estate Transfer Tax
�§ 6-66 through 6-69 (reserved)
§§ 6-70 LEGISLATIVE FINDINGS:
The Town of Southold enjoys a worldwide reputation as a
community of great scenic beauty, rich in natural resources and
open spaces, including agricultural lands, woodlands, wetlands,
waterways, dunes, bluffs, and other natural features. The Town
also possesses a rich historic heritage as one of the oldest
colonial settlements in the State of New York and, indeed, in the
nation. Finally, because the second home industry and tourism are
such important components of the local economy, the Town must
preserve its scenic beauty and provide recreational areas in order
to continue to attract visitors.
The Town's natural and historic resources collectively provide
the people of Southold with an 'unequaled community character. In
fact, the Nature Conservancy has included the region which includes
Southold Town as one of its twelve "Last Great Places" in the
Western Hemisphere. The Town has done much to foster, protect, and
promote its community character. Southold enjoys a reputation as
being creative and innovative in the area of land use and land
conservation.
AUGUST 4, 1998 467
The Town is today under extreme development pressure, with
development out-pacing current conservation efforts. if
exceptional action is not taken, Southold' s unique character may be
irretrievably lost and the substantial investment of the Town's
citizens in protecting that character made moot. New financial
resources are imperative if the Town is to preserve its special
identity.
Pursuant to § 64-e of the New York Town Law and Article 31-D
of the Tax Law, Southold Town' is authorized to create and establish
a Community Preservation Fund, and to impose a two percent (2%)
real estate transfer tax, with the revenue derived from said tax to
be deposited into the Southold Community Preservation Fund. The
creation of the fund and the imposition of the tax are subject to
mandatory referendum. It is the purpose of this Local Law to
impose the 2% real estate transfer tax in order to place the
revenue derived from the tax in said dedicated fund.
The Town Board finds that this Local Law an excellent
opportunity for achieving balance between development and
conservation which is needed to ensure the Town's community
character.
�§ 6-71 through 6-74 (reserved)
§ 6-75 Definitions.
As used in this chapter, unless otherwise expressly stated,
the following words and terms shall have the following meanings:
CONSIDERATION - shall mean the price actually paid or required
to be paid for the real property or interest therein,
including payment for an option or contract to purchase real
property, whether or not expressed in the deed and whether
paid or required to be paid by money, property, or any other
thing of value. It shall include the cancellation or
discharge of an indebtedness or obligation. It shall also
include the amount of any mortgage, purchase money mortgage,
lien, or other encumbrance, whether or not the underlying
indebtedness is assumed or taken subject to.
(1) In the case of the creation of a leasehold interest or
the granting of an option with use and occupancy of real
property, consideration shall include, but not be
limited to, the value of the rental and other payments
attributable to the use and occupancy of the real
property or interest therein, the value of any amount
paid for an option to purchase or renew; and the value
of rental or other payments attributable to the exercise
of any option to renew.
(2) In the case of the creation of a subleasehold interest,
consideration shall include, but not be limited to, the
value of the sublease rental payments attributable to
the use and occupancy of the real property, the value of
any amount paid for an option to renew, and the value of
rental or other payments attributable to the exercise of
any option to renew, less the value of the remaining
prime lease rental payments required to be made.
(3) In the case of a controlling interest in any entity that
owns real property, consideration shall mean the fair
market value of the real property or interest therein,
apportioned based on the percentage of the ownership
interest transferred or acquired in the entity.
468 AUGUST 4, 1998
(4) In the case of an assignment or surrender of a leasehold
interest or the assignment or surrender of an option or
contract to purchase real property, consideration shall
not include the value of the remaining rental payments
required to be made pursuant to the terms of such lease.
or the amount to be paid for the real property pursuant'"
to the terms of the option or contract being assigned or ,' .
surrendered.
(5) In the case of (i. ) the original conveyance of shares of
stock in a cooperative housing corporation in connection
with the grant or transfer of a proprietary leasehold by
the cooperative corporation or cooperative plan sponsor
and (ii. ) the subsequent conveyance by the owner thereof
of such stock in a cooperative housing corporation in
connection with the grant or transfer of a proprietary
leasehold for a cooperative unit other than an
individual residential unit, consideration shall include
a proportionate share of the unpaid principal of any
mortgage on the real property of the cooperative housing
corporation comprising the cooperative dwelling or
dwellings. Such share shall be determined by
multiplying the total unpaid principal of the mortgage
by a fraction, the numerator of which shall be the
number of shares of stock being conveyed in the
cooperative housing corporation in connection with the
grant or transfer of a proprietary leasehold and the
denominator of which shall be the total number of shares
of stock in the cooperative housing corporation.
CONTROLLING INTEREST - shall mean (i. ) in the case of a
corporation, either fifty percent (50%) or more of the total
combined voting power of all classes of stock of such
corporation, or fifty percent (50%) or more of the capital,
profits, or beneficial interest in such voting stock. of such
corporation, and (ii. ) in' the case of a partnership,
association, trust, or other entity, fifty percent (50%) or
more of the capital, profits, or beneficial interest in such
partnership, association, trust or other entity.
CONVEYANCE - shall mean the transfer or transfers of any
interest in real property by any method including but not
limited to sale, exchange, assignment, surrender, mortgage
foreclosure, transfer in lieu of foreclosure, option, trust
indenture, taking by eminent domain, conveyance upon
liquidation or by a receiver, or transfer or acquisition of a
controlling interest in any entity with an interest in real
property. Transfer of an interest in real property shall
include the creation of a leasehold or sublease only where
(i. ) the sum of the term of the lease or sublease and any
options for renewal exceeds forty-nine (49) years, (ii. )
substantial capital improvements are or may be made by or for.
the benefit of the lessee or sublessee, and (iii. ) the lease.
or sublease is for substantially all of the premises'
constituting the real property. Notwithstanding the
foregoing, conveyance of real property shall not include a-
conveyance made pursuant to devise, bequest or inheritance;
the creation, modification, extension, spreading, severancel.
consolidation, assignment, transfer, release or satisfaction
of a mortgage; a mortgage subordination agreement, a mortgage
'AUGUST 4, 1998 469
severance agreement, or an instrument given to perfect or
correct a recorded mortgage; or a release of lien of tax
pursuant to this chapter or the Internal Revenue Code.
FUND - shall mean the Southold Community Preservation Fund
created and established by Article I of this Chapter pursuant
to § 64-e of the New York Town Law.
GRANTEE- - shall mean the person who obtains real property or
an interest therein as a result of a conveyance.
GRANTOR - shall mean the person making the conveyance of real
property or interest therein. Where the conveyance consists
of a transfer or an acquisition of a controlling interest in
an entity with an interest in real property, "grantor" shall
mean the entity with an interest in real property or a
shareholder or partner transferring stock or partnership
interest, respectively.
INTEREST IN REAL PROPERTY - shall include title in fee, a
leasehold interest, a beneficial interest, an encumbrance,
development rights, air space and air rights, or any other
interest with the right to use or occupancy of real property
or the right to receive rents, profits or other income derived
from real property. It shall also include an option or
contract to purchase real property. It shall not include a
right of first refusal to purchase real property.
PERSON - shall mean an individual, partnership, limited
liability company, society, association, joint stock company,.
corporation, estate, receiver, trustee, assignee, referee, or
any other person acting in a fiduciary or representative
capacity, whether appointed by a court or otherwise, any
combination of individuals, and any other form of
unincorporated enterprise owned or conducted by * two (2) or
more persons.
REAL PROPERTY - shall mean every estate . or right, legal or
equitable, present or future, vested or contingent, in lands,
tenements or hereditaments, including buildings, structures
and other improvements thereon; which are located in whole or.
in part within the Town. It shall not include rights to .
sepulture.
RECORDING OFFICER - shall mean the County Clerk of the County
of Suffolk.
TOWN - shall mean 'the Town of Southold.
TOWN SUPERVISOR - shall mean the Town Supervisor of the Town
of Southold.
TREASURER (COUNTY TREASURER) - shall mean the treasurer of the
County of Suffolk.
§§ 6-76 through 6-79 (Reserved. )
470 AUGUST 4, 1998
§ 6-80 Imposition of real estate transfer tax.
There is hereby imposed in the Town of Southold a tax on each
conveyance of real property or interest therein where the
consideration exceeds five hundred dollars ($500.00) , the rate of
such tax to be two percent (2%) of the consideration for such
conveyance. Revenues from such tax shall be deposited in the
Southold Community Preservation Fund established by Article I of
this chapter and may be used solely for the purposes of said fund.
Such tax shall apply to any conveyance occurring on or after March
1, 1999, but shall not apply to conveyances made on or after such
date pursuant to binding written contracts entered into prior to
such date, provided that .the date of execution of such contract is -
confirmed by independent evidence such as the recording of the
contract, payment of a deposit, or other facts and circumstances as
determined by the County Treasurer.
§§ 6-81 through 6-84. (Reserved. ).
§ 6-85. Payment of tax.
A. The real estate transfer tax imposed pursuant to this
article shall be paid to the Treasurer, or to the
Recording Officer acting as the agent of the Treasurer
upon designation as such agent by the Treasurer. ' Such
tax shall be paid at the same time as the real estate
transfer tax imposed by Article 31 of the New York Tax
Law is required to be paid. Such Treasurer or Recording
Officer shall endorse upon each deed or instrument
effecting a conveyance a receipt for the amount of the
tax so paid.
B. A return shall be required to be filed with such ',
Treasurer or Recording Officer for purposes of the real `
estate transfer tax imposed pursuant to this article at
the same time as a return is required to be filed for
purposes of the real estate transfer tax imposed by
Article 31 of the Tax Law. The Treasurer shall
prescribe the form of return, the information that it
shall contain, and the documentation that shall
accompany the return. Said form shall be identical to
the real estate transfer tax return required to be filed
pursuant to § 1409 of the Tax Law, except that the
Treasurer shall adapt said form to reflect the
provisions of this Article which are inconsistent with,
different from, or in addition to the provisions of
Article 31 of the Tax Law. The real estate transfer tax
returns required to be filed pursuant to this section
are required to be preserved for three (3) years and
thereafter until such Treasurer or Recording Officer
orders them to be destroyed.
C. The Recording Officer shall not record an instrument
effecting a conveyance unless the return required by
this section has been filed and unless the tax imposed
pursuant 'to this article shall have been paid as
provided in this section.
§§ 6-86 through 6-89. (Reserved. )
AUGUST 4, 1998 471
§ 6-90. Liability for tax.
A. The real estate transfer tax required hereunder shall be
paid by the grantee. If the grantee has failed to pay
the tax imposed pursuant to this article, or if the
grantee is exempt from such tax, the grantor shall have
the duty to pay the tax. Where the grantor has the duty
to pay the tax because the grantee has failed to pay the
tax, such tax shall be the joint and several liability
of the grantee and grantor.
B. For the purpose of the proper administration of this
article and to prevent evasion of the tax hereby
imposed, it shall be presumed that all conveyances are
taxable. Where the consideration includes property
other than money, it shall be presumed that the
consideration is the fair market value of the real
property or interest therein. These presumptions shall
prevail until the contrary is proven, and the burden of...
proving the contrary shall be on the person liable for*
payment of the tax.
�§ 6-91 through 6-94. (Reserved. )
§ 6-95. Exemptions from tax.
A. The following shall be exempt from payment of the real
estate transfer tax imposed by this article:
(1) The State of New York or any of its agencies,
instrumentalities, political subdivisions, or'
public corporations (including a public corporation
created pursuant to agreement or compact with
another state or the Dominion of Canada) ;
(2) The United Nations; The United States of America
and any of its agencies or instrumentalities.
B. Exemption for certain conveyances. The real estate
transfer tax imposed by this, article shall not apply to
any of the following conveyances:
(1) Conveyances to the United Nations, the United
States of America, the State of New York or any of
their instrumentalities, agencies, or political
subdivisions (or any public corporation, including
a public corporation created pursuant to agreement
or compact with another state or the Dominion of
Canada) .
(2) Conveyances which are or were used to secure a debt
or other obligation.
(3) Conveyances which, without additional
consideration, confirm, correct, modify, or
supplement a deed previously recorded.
(4) Conveyances of real property without consideration
and otherwise than in connection with a sale,
including deeds conveying realty as bona fide
gifts.
(5) Conveyances given in connection with a tax sale.
472 AUGUST it, 1998
(6) Conveyances to effectuate a mere change of identity
or form of ownership or organization where there is.
no change in beneficial ownership, other thane
conveyances to a cooperative housing corporation of.:'
the real property comprising the cooperative
dwelling or dwellings.
(7) Conveyances which consist of a deed of partition.
(8) Conveyances given pursuant to the Federal
Bankruptcy Act.
(9) Conveyances of real property which consist of the
execution of a contract to sell real property
Without the use or occupancy of such property or
the granting of an option to purchase real property
without the use or occupancy of such property.
(10) Conveyances of real property, where the entire
parcel of real property to be conveyed is the
subject of one (1) or more of the following
development restrictions:
(a) An agricultural, conservation; scenic, or an
open space easement;
(b) Recorded covenants or restrictions prohibiting
development;
(c) A purchase of development rights agreement.
(d) A transfer of development rights agreement,
where the property being conveyed has had its
development rights removed.
(e) said real property is subject to the
development restriction of an agricultural
district or individual commitment, pursuant to
Article 25-AA of the New York Agriculture and
Markets Law.
(f) real property subject to any locally adopted
land preservation agreement including
agreements under the Town of Southold s Open
Space Preservation and Agricultural Lands
Preservation Laws and, provided said exemption
is included in the local law imposing the tax
authorized by this article;
(11) Conveyances of real property, where the property is ..
viable agricultural land as defined in subdivision
(7) of § 301 of the Agriculture and Markets Law and
the entire property to be- conveyed is to be made
subject to one of the development restrictions set
forth in the preceding paragraph 6-95 (B) (10) ,
AUGUST 4, 1998 473
provided that said development restrictions
precludes the conversion of the property to a non-
agricultural use for at least three years from the
date of transfer, and said development restriction
is evidenced by an easement, agreement, or other
suitable instrument which is conveyed to the Town
simultaneously with . the conveyance of the real
property; or
12 . Conveyances of real property for open space, parks,
or historic preservation purposes to any not-for-
profit tax-exempt corporation operated for
conservation, environmental, or historic
preservation purposes.
§§ 6-96 through 6-99. (Reserved. )
§ 6-100. Additional exemptions.
A. There shall be allowed an exemption of one hundred fifty
thousand dollars ($150, 000.00) on the consideration of the
conveyance of improved real property or an interest therein.
B. There shall be allowed an exemption of seventy-five
thousand dollars ($75, 000.00) on the consideration of the
conveyance of unimproved real property or an interest therein.
§§ 6-101 through 6-104 . (Reserved. )
§ 6-105.1 Credit
A grantee shall be allowed a credit against the tax due on a
conveyance of real property to the extent that tax was paid by such
grantee on a prior creation of a leasehold of all or a portion of
the same real property or on the granting of an option or contract
to purchase all or a portion of the same real property by such
grantee. Such credit shall be computed by multiplying the -tax paid
on the creation of the leasehold or on the granting of the option
or contract by a fraction, the numerator of which is the value of
the consideration used to compute such tax paid which is not yet
due to such grantor on the date of the subsequent conveyance (and-..
which such grantor will not be entitled to receive after such date) *
.
and the denominator of which is the total value of the '
consideration used to compute such tax paid.
§§ 6-106 through 6-109. (Reserved. )
§ 6-110. Cooperative housing corporation transfers.
A. Notwithstanding the definition of "controlling interest"
contained in § 6-75 hereof or anything to the contrary
found in the definition of "conveyance" contained in
said section, the tax imposed pursuant to this article,
shall apply to the following:
(1) The original conveyance of shares of stock in a
cooperative housing corporation in connection with
the grant or transfer of a proprietary leasehold by
the cooperative corporation or cooperative plan
sponsor.
(2) The subsequent conveyance of such stock in a
cooperative housing corporation in connection with
the grant or transfer of a proprietary leasehold by
the owner thereof. With respect to any such
subsequent conveyance where the property is an
individual residential unit, the consideration for
474 AUGUST 4, 1998
the interest conveyed shall exclude the value of
any liens on certificates of stock or other
evidences of an ownership interest in and a
proprietary lease from .a corporation or partnership
formed for the purpose of cooperative ownership of
residential interest in real estate remaining
thereon at the time of conveyance.. In determining
the tax on a conveyance described in paragraph A
(1) above, a credit shall be allowed for a
proportionate part of the amount of any tax paid
upon the conveyance to the cooperative housing
corporation of the real property comprising the
cooperative dwelling or dwellings to the extent
that such conveyance effectuated a mere change of
identity or form of ownership of such property and
not a change in the beneficial ownership of such
property. The amount of credit shall be determined
by multiplying the amount of tax paid upon the
conveyance to the cooperative housing corporation
by a percentage representing the extent to which
such conveyance effectuated a mere change of...
identity or form of ownership and not a change in*
the beneficial ownership of such property, and then " .
multiplying' the resulting product by a fraction,
the numerator of which shall be the number of
shares of stock conveyed in a transaction described
in paragraph A (1) and the denominator of which
shall be the total number of shares of stock of the
cooperative housing corporation (including any
stock held by the corporation) . In no event,.
however, shall such credit reduce the tax on a
conveyance described in paragraph A (1) below zero,
nor shall any such credit be allowed for a tax paid
more than twenty-four (24) months prior to the date
on which occurs the first in a series of
conveyances of shares of stock in an offering of
cooperative housing corporation shares described in
paragraph A (1) .
B. Every cooperative housing corporation shall be
required to file an information return with the
County Treasurer by July .15th of each year covering
the preceding period of January 1 through June 30
and by January 15th of each year covering the
preceding period of July 1 through December 31.
The return shall contain such information regarding
the conveyance of shares of stock in the
cooperative housing corporation as the Treasurer
may deem necessary, including, but not limited to,
the names, addresses, and employee identification
numbers or social security numbers of the grantor
and the grantee, the number of shares conveyed, the
date of the conveyance, and the consideration paid
for such conveyance.
6-111 through 6-114. (Reserved. )
§ 6-115. Designation of agent by County Treasurer.
The County Treasurer is authorized by law to designate the
Recording Officer to act as his or her agent for the purpose of
collecting the tax imposed by this article. The 'Treasurer shall
provide for the manner in which such person may be designated as
his or her agent subject to such terms and conditions as the
treasurer shall prescribe. The real . estate transfer tax shall be.
paid to such agent as provided in § 6-85 hereof.
1F .A',-, Ali,, fL.'.�Y! A�).•`J�•
AUGUST 4, 1998 475
§§ 6-116 through 6-119. (Reserved. )
§ 6-120. Liability of Recording Officer.
A Recording Officer shall not be liable for any inaccuracy in
the amount of tax imposed pursuant to this article that he or she
shall collect so long as he or she shall compute and collect such
tax on the amount of consideration or the value of the interest
conveyed as such amounts are provided to him or her by the person
paying the tax.
§§ 6-121 through 6-124 . (Reserved. )
§ 6-125. Refunds.
Whenever the Treasurer shall determine that any moneys
received under the provisions of this article were paid in error,
he or she may cause such moneys to be refunded pursuant to such
rules and regulations as he or she may prescribe, provided that any
application for such refund is filed with the Treasurer within two
(2) years from the date the erroneous payment was made.
§§ 6-126 through 6-129. (Reserved. )
§ 6-130. Deposit and disposition of revenue.
A. All taxes, penalties, and interest imposed by the Town
under the authority of this article, which are collected
by the Treasurer or his or her agents, shall be
deposited in a single trust fund for the Town and shall
be kept in trust and separate and apart from all other-
monies in possession of the Treasurer. Moneys in such
fund shall be deposited and secured in the manner
provided by § 10 of the General Municipal Law. Pending
expenditure from such fund, moneys therein , may be
invested in the manner provided in § 11 of the General
Municipal Law. Any interest earned or capital gain
realized on the moneys so deposited or invested shall
accrue to and become part of such fund.
B. The Treasurer shall retain such amount as he or she may
determine to be necessary for refunds with respect to
the tax imposed by the Town under the authority of this
article, out of which the Treasurer shall pay any
refunds of such taxes to those taxpayers entitled to a
refund pursuant to the provisions of this article.
C. The Treasurer, after reserving such funds, shall on or
before the twelfth day of each month, pay to the Town'
Supervisor the taxes, penalties, and interest imposed by"
the Town under the authority of this article, collected
by the Treasurer pursuant to this article during the
proceeding calendar month. The amount so payable shall
be certified to the Town Supervisor by the Treasurer,
who shall not be held liable for any inaccuracy in such
certification. However, any such certification may be
based on such information as may be available to the
Treasurer at the time such certification must be made
under this section.
476 AUGUST 4, 1998
D. Where the amount so paid over to the Town in any such
distribution is more or less than the amount due to the
Town, the amount of the overpayment or underpayment
shall be certified to the Town Supervisor by the
Treasurer, who shall not be held liable for any
inaccuracy in such certification. The amount of the
underpayment or overpayment shall be so certified to the
Town Supervisor as soon after the discovery of the
overpayment or underpayment as reasonably possible and
subsequent payments and distributions by the Treasurer
to such Town shall be adjusted by subtracting the amount
of any such overpayment from or by adding the amount of
any such underpayment to such number of subsequent
payments and distributions as the Treasurer and Town
Supervisor shall consider reasonable in view of the
underpayment or overpayment and all other facts and
circumstances.
E. All monies received from the Treasurer by the Town
Supervisor shall be deposited in the Southold Community
Preservation Fund established pursuant to Article I of
this chapter and Town Law S 64-e.
§� 6-131 through 6-134. (Reserved. )
§ 6-135. Judicial review.
A. Any final determination of the amount of any tax payable
under this article shall be reviewable for error,
illegality, or unconstitutionality, or any other reason
whatsoever, by a proceeding under Article 78 of the
Civil Practice Law and Rules if application therefor is
made to the Supreme Court within four (4) months after
the giving of the notice of such final determination;
provided, however, that any ' such proceeding under...
Article 78 of the Civil Practice Law and Rules shall not '
be instituted unless:
(1) The amount of any tax sought to be reviewed, with
such interest and penalties thereon as may be
provided for by this local law, shall be first
deposited and there is filed an undertaking, issued
by a surety company authorized to transact business
in New York State and approved by the State
Superintendent of Insurance as to solvency and
responsibility, in such amount as a Justice of the
Supreme Court shall approve, to the effect that, if
such proceeding shall be dismissed or the tax
confirmed, the petitioner will pay all costs and
charges which may accrue in the prosecution of such
proceeding; or
(2) At the option of the petitioner, such undertaking
may be in a sum sufficient to cover the taxes,
interest, and penalties stated in such
determination, ' plus the costs and charges which may
accrue against the petitioner in the prosecution of
the proceeding, in which event the petitioner shall
not be required to pay such taxes, interest, or
penalties as a condition precedent to the'
application.
AUGUST 4, 1998 477
B. Where any tax imposed hereunder shall have been
erroneously, illegally, or unconstitutionally assessed
or collected, and application for the refund or revision
thereof duly made to the Treasurer, and such Treasurer
shall have made a determination denying such refund or
revision, such determination shall be reviewable by a
proceeding under Article 78 of the Civil Practice Law
and Rules; provided, however, that:
(1) Such proceeding is instituted within four (4)
months after the giving of the notice of such
denial;
(2) A final determination of tax due was not previously
made; and
(3) An undertaking -is filed with the Treasurer in such
amount and with such sureties as a Justice of. the
Supreme Court shall approve, to the effect that if
such proceeding is dismissed or the tax confirmed, •
the petitioner will pay all costs and charges which:
may accrue in the prosecution of such proceeding.
6-136 through 6-139. (Reserved. )
6-140. Apportionment of consideration subject to tax for
property located only partly within Town.
A. Where real property is situated partly within and partly
without the boundaries of the Town, the consideration
subject to tax is such part of the total consideration
as is attributable to the portion of such real property
situated with the Town or to the interest in such
portion. If the consideration attributable ' to the
property located in the Town, is set forth in the
contract, such amount may be used to compute the tax
due.
B. If the ' contract does not set forth the amount of
consideration attributable to the portion of real
property or interest therein situated within the Town,
the consideration shall be reasonably allocated between
the portion of such property or interest therein
situated within . the ' Town and the portion of such
property or interest therein situated. without the Town.
If the grantor and the grantee enter into a written
agreement, signed by both the grantor and the grantee,
which sets forth a reasonable allocation of
consideration, that allocation of consideration may be
used to compute the tax due. If the grantor and the
grantee do not enter into such an agreement, or if the
allocation of consideration set forth in such agreement
is deemed unreasonable by the Treasurer, the allocation
of consideration must be computed by multiplying the
amount of consideration by a fraction, the numerator of
which is the fair market value of the real property or
interest therein situated within the Town, and the
denominator of which is the total fair market value of
all the real property or interest therein being
conveyed. Except in the case of a transfer or
acquisition of a controlling interest where
consideration means fair market value of the real
property or interest therein, the tax shall be computed
on the allocated portion of the actual consideration
paid, even if that amount is greater or less than the
fair market value as determined by appraisal.
478 AUGUST 4, 1998
C. Where the methods provided under this section do not '.
allocate the consideration in a fair and equitable
manner, the Treasurer may require the grantor and
grantee to allocate the consideration under such method
as he prescribes, so long as the prescribed method
results in a fair and equitable allocation.
§§ 6-141 through 6-144 . (Reserved. )
§ 6-145. Determination of tax; petition to Town Supervisor.
A. If a return required by this article is not filed, or if
a return when filed is incorrect or insufficient, the
amount of tax due shall be determined by the Treasurer
from such records or information as may be obtainable,
including the assessed valuation of the real property or
interest therein and other appropriate factors. Notice
of such determination shall be given to the person
liable for the payment of the tax. Such determination
shall finally and irrevocably fix the tax unless the
person against whom it is assessed, within ninety (90)
days after the giving of notice of such determination,
shall petition the Town Board for a hearing, or. unless
the Treasurer, on the Treasurer's own motion, shall
redetermine the same. The Town Board may designate, in
writing, a hearing officer to hear such an appeal, which
hearing officer shall file a written report and
recommendation with the Town Board. In any case before
the Town Board under this article, the burden of proof
shall be on the petitioner. After such hearing, the
Town Board shall give notice of the determination to the
person against' whom the tax is assessed and to the
Treasurer. Such determination may be reviewed in
accordance with the provisions of § 6-135 of this
article. A proceeding for judicial review shall not be
instituted unless:
(1) The amount of any tax sought to be reviewed,
with penalties and interest thereon, if any,
shall be first deposited with the Treasurer ,
and there shall be filed with the Treasurer an
undertaking, . issued by a surety company
authorized to transact business in New York
State and approved by the State Superintendent
of Insurance as to solvency and.
responsibility, in such amount and with such,
sureties as a Justice of the Supreme Court'
shall approve, to the effect that if such
proceeding shall , be dismissed or the tax
confirmed, the petitioner will pay all costs
and charges which may accrue in the
prosecution of the proceeding; or
(2) At the option of the petitioner, such
undertaking filed with the .Treasurer may be in
a sum sufficient to cover the taxes,
penalties, and interest thereon stated in such
decision, plus the costs and charges which may
accrue against him in the prosecution of the
proceeding; in which event, the petitioner
shall not be required to deposit such taxes,
penalties, and interest as a condition
precedent to the commencement of the
proceeding.
AUGUST 4, 1998 479
B. A person liable for the tax imposed by this article
(whether or not a determination assessing a tax pursuant
to subsection A hereof has been made) shall be entitled
to have the tax due finally and irrevocably fixed prior
to the ninety (90) day period referred to in subsection
A by filing with the Treasurer a signed statement
consenting thereto, in writing and in such form as the
Treasurer shall prescribe.
C. The remedies provided by this section and §§ 6-125, 6-
130 and 6-135 of this article shall be the exclusive
remedies available to any person for the review of tax
liability imposed by this article.
§§ 6-146 through 6-149. (Reserved. )
§ 6-150. Proceedings to recover tax due.
A. Whenever any person shall fail to pay any tax, penalty,
or interest imposed by this article, the Town Attorney
shall, upon, the request of the Treasurer, bring or cause
to be brought, an action to enforce the payment of the
same on behalf of the Town, in any court of the State of
New York or of any other state or of the United States.
B. As an additional and alternative remedy, the Treasurer'..
may issue a warrant, directed to the Sheriff of Suffolk ,
County, commanding him to levy upon and sell any real ''
and personal property of a grantor or grantee liable for
the tax which ' may be found within the County, for
payment of the amount thereof, with any penalty and
interest and the cost of executing the warrant, and to
return such warrant to the Treasurer the money collected
by virtue thereof within sixty (60) days after the
receipt of the warrant. The Sheriff shall, within five
(5) days after the receipt of the warrant, file .with the
Clerk a copy thereof, and thereupon such Clerk shall
enter into the judgment docket the name of the person
mentioned into the warrant and the amount of the tax,
penalty, and interest for which the warrant is issued.
Such lien shall- not apply to personal property unless
such warrant is filed with the Department of State. The
Sheriff shall then proceed upon the warrant in the same
manner and with like effect as that provided by law in
respect to executions issued against property upon
judgments of a court of record, and for services in
executing the warrant he shall be entitled to the same
fees, which he may collect in the same manner. In the
discretion of the Treasurer, a warrant of like terms,
force, and effect may be issued and directed to any
officer or employee of the county; and in the execution
thereof, such officer or employee shall have all the
powers conferred by law upon Sheriffs, but shall be
entitled to no fee or compensation in excess of the
actual expenses paid in the performance of such duty.
Upon such filing of a copy of a warrant, the Treasurer
shall have the same remedies to enforce the amount due
thereunder as if the County of Suffolk had recovered the
judgment therefor.
§§ 6-151 through 6-154. (Reserved. )
480 AUGUST 4, 1998
§§ 6-155. Interest and civil penalties.
A. Any grantor or grantee failing to file a return or to
pay any tax within the time required by this article
shall be subject to a penalty of ten percent (10%) of
the amount of the tax due plus an interest penalty of
two percent (2%) of such amount, for each month of delay
or fraction thereof after the expiration of the first
month after such return was required to be filed or such
tax became due; such interest penalty shall not exceed
twenty-five percent (25%) in the aggregate. If the...
Treasurer determines that such failure or delay was due'
to reasonable cause and not due to willful neglect, the'-
Treasurer shall remit, abate, or waive all of such
penalty and interest penalty.
B. If any amount of tax is not paid on or before the .last
date prescribed in § 6-85 hereof for payment, interest
on such amount at the rate of ten percent (10%) per
month shall be paid for the period from such last date
to the date paid.
C. The penalties and interest provided for in this section
shall be paid to the Treasurer and shall be determined,
assessed, collected, and distributed in the same manner
as the tax imposed by this article and any reference to
tax in this article shall be deemed to include the
penalties and interest imposed in this section.
§§ 6-156 through 6-159. (Reserved. )
§ 6-160. Confidentiality of transfer tax returns.
A. Except in accordance with proper judicial order or as
otherwise provided by law, it shall be unlawful. for any
officer or employee of the County or Town, or any
person engaged or retained on an independent contract
basis, to divulge or make known in any manner the
particulars set forth or disclosed in any return
required under this article. However, nothing in this
section shall prohibit the Recording Officer from making
a notation on an instrument effecting a conveyance
indicating the amount of tax paid. No recorded
instrument effecting a conveyance shall be considered a
return for the purposes of this section.
B. The officers charged with the custody of such returns
shall not be required to produce any of them or evidence
of anything contained in them in any action or
proceeding in any court, except on behalf of the Town in
any action or proceeding involving the collection of a
tax due under this article to which the County or Town
or an officer or employee of the County or Town is a
party or a claimant, or on behalf of any party to any
action or proceeding under the provisions of this
article when the returns or facts shown thereby are
directly involved in such action or proceeding; in any.
of which events the court may require the production of.-
and may admit in evidence so much of said returns or of,,
the facts shown thereby as are pertinent to the action
or proceeding and no more.
AUGUST 4, 1998 481
C. Nothing herein shall be construed to prohibit the
delivery to a grantor or grantee of an instrument
effecting a conveyance, or to the duly authorized
representative of such grantor or grantee, of a
certified copy of any return filed in connection with
such instrument or to prohibit the publication of
statistics so classified as to prevent the
identification of particular returns or the items
thereof or to prohibit the inspection by the legal
representatives of the County or Town of the return of
any taxpayer who shall bring action to set aside or
review the tax based thereon.
D. Any officer or employee of the Town who willfully
violates the provisions of this section shall be
dismissed from office and be incapable of holding any
public office in the State for a period of five , (5)
years thereafter.
§§6-161 through 6-164 (reserved)
§6-165 INTERGOVERNMENTAL AGREEMENT:
The Town. Board shall be authorized to, by resolution, enter
into any intergovernmental agreement necessary with the County of
Suffolk or any successor county, for the effective and efficient
administration and enforcement of this local law.
§§ 6-166 through 6-169 (reserved)
§ 6-170 SEVERABILITY:
If any clause, sentence, paragraph, section, or. part of this
Article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
§§ 6-17-1 through 6-174 (reserved)
§§ 6-175 EFFECTIVE. DATE:
This Local Law is subject to a mandatory referendum as set
forth in. §1449-bb of Article 31-D of the Tax Law. This Local Law
shall take effect on March 1, 1999, after after approval at the
general election to be held on November 3, 1998 by the affirmative
vote of a majority of the qualified electors of the Town of
Southold and filing with the Secretary of State; and provided
further that the real estate transfer tax imposed by this Article
shall expire and be deemed repealed as to any conveyance taking
place after December 31, 2010.
26.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
482 - AUGUST 4, 1998
27.-Moved by Supervisor Cochran, seconded by Councilman Moore,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 4th day of August, 1998, a Local Law entitled, "A Local
Law in Relation to a Temporary Moratorium on the Issuance of Approvals
and/or Permits for Business Zoned Property along the County Route 48
Corridor in the Town of Southold", and
WHEREAS, the enactment of a temporary moratorium relate to zoning and
land use necessitates referral of the proposed local law to both the
Southold Town Planning Board and the Suffolk County Planning Commission
for comment prior to the holding of a public hearing on such a local law;
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby directs
the Southold Town Clerk to refer the proposed Local Law entitled "A Local
Law in Relation to a Temporary Moratorium on the Issuance of Approvals
and/or Permits for Business Zoned Property Along the County Road 48
Corridor in the Town of Southold" to the Southold Town- Planning Board
and to the Suffolk County Planning Commission for recommendations and
reports, all in accordance with the Southold town Code and the Suffolk
County Charter. Said Local Law reads as follows:
A Local Law in Relation to a Temporary Moratorium on the Issuance' of
Approvals and/or Permits for Business Zoned Property Along the County
Road 48 Corridor in the Town of Southold
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
The Town Board finds that increased growth and development within the Town
of Southold are placing pressures on the infrastructure of the Town including
such things as water supply, traffic impacts, and the necessity to locate
businesses in suitable zoning districts located in areas which are best suited for
the placement of such businesses. To insure that economic activity takes place
in desirable locations thereby maximizing existing character of the Town's
hamlet centers, an examination of the existing zoning along Route 48 from
Mattituck to Greenport would be an appropriate subject for study in detail. This
Local Law is intended to provide the Town Board an opportunity to review the
zoning of properties along the Route 48 corridor, the likely impacts to the
community based upon-the existing zoning of properties along Route 48, and to
make ammendments as to the level and nature of business uses that are
appropriate along Route 48 such that these uses complement existing hamlet
economic centers and that businesses uses appropriate outside hamlet centers
are provided ample location in which to be situated.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
Until nine (9) months from the date of enactment of this-Local Law, after
which this Local Law shall lapse and be without further force and effect and
subject to any other Local Law adopted by thq Town Board during the nine
month period, no agency, board officer or employee of the Town of Southold
including, but not limited to, the Zoning Board of Appeals or the Planning Board
or the Building Inspector issuing any building permit pursuant to any provision of
the Southold Town Code, shall issue, cause to be issued or allow to be issued
any approval, special exception, variance, site plan, building permti or permit for
any of the following property uses listed within the following zoning districts
which are located in the Route 48 corridor. 100-61(B) and (C) governing the
Resort Residential District; 100-71(B) and (C) governing the Residential Office
District; 100-81(A)(2), (3) and (B) and (C) governing the Limited Business .
District; 100-101(A)through (11) and (B) and (C) governing the General
Business District; 100-130(A)(3) through 16 and (B) and.(C) governing the Light
Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15) and (B)
and (C) governing the Light Industrial District.
Section 3. DEFINITION OF "ROUTE 48 CORRIDOR"
The "Route 48 Corridor" is hereby defined and identified as follows: from
a point beginning at the Riverhead/Southold Town Line on Sound Avenue east
along Sound Avenue continuing East along County Route 48 to a point ending at
the intersection of Route 48 and Route 25. The "Route 48 Corridor" shall extend
one thousand feet(1000') north and one thousand feet(1000') south
respectively of the the north road edge and the south edge of Sound Avenue
and County Road 48.
Section 4. EXCLUSIONS
~' AUGUST 4, 1998 483 ,
This Local Law shall not apply to any person or entity who has, prior
to the effective date of this Local Law, obtained all permits required for
construction of a building on any .property located in the Route 48 corridor
including later applications .to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary
moratorium.
Section 5. AUTHORITY TO SUPERSEDE.
To the extent and degree any provisions of this Local Law are
construed as inconsistent with the provisions of Town Law sections
264,265,265-a, 267, 267-a,267-b, 274-a and 274-b, this Local Law is
intended pursuant to Municipal Home Rule Law Sections 10(1)(ii)(d)(3)
and Section 22 to supersede any said inconsistent authority.
Section 6. VARIANCE TO•THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is
used and construed in Town Law section 267-b(2)(b) by reason of the
enactment and continuance of this moratorium may apply to the Zoning
Board of Appeals for a variance excepting the person's or entity's premises
or a portion thereof from the temporary moratorium and allowing issuance of
a permit all in accordance with the provisions of the Southold town Code
applicable to such use or construction.
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section or part of this Local Law
shall be adjudged by any court of competent jurisdiction to be invalid, the
judgement shall not impair or invalidate the remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing the Secretary
of State.
27.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I have one more to add that relates 'to this.
28.-Moved. by Councilman Moore, seconded by Councilwoman Hussie,
RESOLVED that the Town Board of the Town of Southold hereby sets a
public hearing on the aforesaid Local Law in Relation to Temporary
Moratorium on the Issuance of Approvals and/or Permits for Business Zoned
Property Along the County Road 48 Corridor in the Town of Southold at
8:30 P.M., on August 18, 1998 at the Southold Town Hall.
28.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of our planned resolutions. We
have a public hearing on a "Local Law in Relation to the 20 Land Bill.
RESOLVED that a recess be called at this time, 5:00 P. M., for .the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 5:15 P.M.
SUPERVISOR COCHRAN: At this time if there is anyone that would like to
address the Town Board on any Town business that relates to the town
would be very happy to. .
BERNARD HEINISCH: My name is Bernard Heinisch. I live on County Road
48. 1 would like to know where are we with the illegal use and limited
business with Sound Shore Excavation? This is the third month.
COUNCILMAN MOORE: The Town Attorney is going to answer your
questions.
BERNARD HEINISCH: This is the third month that I have been requesting
something to be done.
TOWN ATTORNEY YAKABOSKI : Mr. Heinisch, the Code Enforcement
Officer has spoken with Sound Shore Realty. There is, I believe an Order
to Remedy on the property with a short time frame, and that is the status.
4 8 4 AUGUST 4, 1998
There is action ongoing. Your concerns have been addressed, and are
continuing to be addressed on the particular piece of property is moving
forward.
BERNARD HEINISCH: What is the time frame?
TOWN ATTORNEY YAKABOSKI: I don't have an exact date as we sit here
today. It is not a very long time frame.
BERNARD HEINISCH: What is being done on the Latham property, where it
is zoned residential, and it is being used for business purposes? This land
is located in Peconic.
TOWN ATTORNEY YAKABOSKI : On the Latham property the Lathams
have an application in for rezoning currently, and we are heading or
attempting to head toward compliance with the Town Code.
BERNARD HEINISCH: The last meeting I mentioned the fact that Mr.
Forrester had said that there is a Town policy that enables the recipient
once he files he stays there until a decision is given on the rezoning, and
the entire Board shook their head as I indicate that there was no such
policy. Is that true?
TOWN ATTORNEY YAKABOSKI : Mr. Heinisch, one way to address that
question, I notice that you were at the work session this morning, and you
were there during the part when we were talking about the people who
come for permits as building permits, individuals who have built some type
of structure which required a building permit, but did not obtain a building
permit, and now after the fact they are coming into . the Building
Department to get a building permit. Were you there for all that?
BERNARD HEINISCH: Yes, I was.
TOWN ATTORNEY YAKABOSKI : Those individuals when people come, and
try to seek compliance we don't then rush to bring them into Justice Court
on a violation.
BERNARD HEINISCH: I understand that. This is vacant property that is
purchased as residential property, then we move all our industrial
equipment down to this vacant property. This has nothing to do with
construction. This has nothing to do with filing for permits for something
that we built a year or two ago. The application as you read it that is one
file. It says, to relocate my property from Orient to Peconic. This is
residential property. At the last meeting you said, or I brought up the fact
that there was a policy that once someone made an application to change the
zone they would remain there. I, again, questioned Mr. Forrester. Monday
morning he, again, said, this is a Town policy. This is what he said to me.
TOWN ATTORNEY YAKABOSKI: If Mr. Latham does not receive a zone
change, and thus it remains residential we would then move forward to stop
that. There is no written policy to the best of my knowledge.
COUNCILWOMAN HUSSIE: Could I just shine just a little bit of light on
that? Just a little flashlight. I think that perhaps the idea of not
pursuing something that has some legal status, came from the fact of a
piece of property elsewhere in town, where it had gone to court, and the
Judge has not yet made a decision on it, and I think that is where you
can't pursue or force somebody to do something until the Court has made a
decision on the status of it. It is not a Town policy. It is not a Town
Board policy at all.
BERNARD HEINISCH: That particular matter is completely different.
Essentially the way I understand it I could buy, or anyone in this town
could buy a piece of property, residential property, along side of anyone
here, move heavy equipment on to it, and file for a change of zone, and
remain there. This is the way it is being done at the present time. This is
residential property. The purchasers knows it is residential property. He
moves his equipment on it, then when the whistle is sort of blown, now we
file for a change of zone. In the meantime this change of zone can take a
year, two years. In the meantime he will enjoy using residential property
for industrial purposes. Now is this correct?
_fit.; r,` � s e" iY •:{a::'.a
AUGUST 4, 1993 485
TOWN ATTORNEY YAKABOSKI : Mr. Heinisch, any individual could
purchase any property, and bring any type of use on that. However, that
would be a serious risk, and a serious. .they would jeopardize the funds
that they put into that purchase of the property they were purchasing,
your example of the heavy equipment bringing on. You raised a complaint
regarding this particular property. I know there has been a zone change
filed, and the town moving to make sure that that person complies, or
comes into compliance with the law, and if they can not, the town would
then take action to get them out of there. There is no indefinite stay, or
an indefinite exemption just because you put the zone change application in.
I think you are looking for a different answer, but that is the answer.
BERNARD HEINISCH: It is not that I am looking for a different answer.
Again, I am saying, that anyone in this town can purchase any property
next door to anyone here, move heavy equipment on a lawn, whatever,
even though it is residential property. He is using it for commercial
purposes. He then files, after he receives a notice of incompliance, he then
files for a change of zone, and according to you, and what you just said,
the town does nothing.
TOWN ATTORNEY YAKABOSKI : That is not true. If the individual did not
file for the change of zone, if he comes into compliance, if the zone change
is granted, the individual will be in compliance (tape change) The town
would take steps to have that all completely shut down, and stopped.
Correct.
BERNARD HEINISCH: But this can take a year; or two years, and in the
meantime this person can leave that equipment there. Am I correct? Because
he has filed for a change of zone, and what you are saying is, well, if the
zone is not changed, then he has to remove his equipment. That could be a
year or two years.
TOWN ATTORNEY YAKABOSKI: I don't know how you would like to have
the question answered.
BERNARD HEINISCH: You just answer the question. I mean, you are
answering not that particular question. My question is can anyone in .this
town. .
TOWN ATTORNEY YAKABOSKI : The answer to your question is the town
has discretion on how it enforces it's Zoning Code. Correct. This is
standard. Many Code violation cases are handled in a variety of manners all
bent on achieving compliance with the Code. Sometimes you might agree or
disagree with how that is being addressed. That is your prerogative. You
have the right to do that. I don't dispute it. I know it is not the answer
. you want to hear today. However, that is simply the case.
COUNCILMAN MOORE: The real short answer is, there is no Town policy,
formal or otherwise, set by this Board that says, we hold off on
enforcement while someone is seeking process. There are certain instances
in the law where someone can stay when they are appealing the process
enforcement against them, while they are being heard through a proper
course. But, this Town Board has not set a policy, has not told Mr.
Forrester, or Mr. Yakaboski, don't enforce the Code when someone has an
application. That is the real short answer to your question. The longer
answer, that Greg is going through, is there are various ways in which
they try and get compliance through discretion through these enforcement
tools that are available to them. But, there is no policy. You won't find it
in a Town Clerk's file. You won't find it in a Town Board's file saying,
don't enforce the Code while someone is out there violating it, if they put
an application in.
BERNARD HEINISCH: Anyone can do whatever they want.
COUNCILMAN MOORE: That is your conclusion, but that is not the answer
to the question.
SUPERVISOR COCHRAN: Mr. Gold?
JOE COLD: At the risk of being repetitious, and I don't live on the North .
Road, but the question which, I believe, you originally asked is, what is
486 AUGUST 4, 1998
being done, and the answer that I heard was nothing. There is no policy
to do nothing, and if he loses his zoning case, you will do something, but
what is being done today? One word, something or nothing.
TOWN ATTORNEY YAKABOSKI : Something.
TOWN ATTORNEY YAKABOSKI: The individual applied for a zone change,
and that was, I believe, Mr. Forrester had talked to the individual, and
said there was a problem on this particular property that had to be dealt
with, and that is how the Town is currently handling it at the moment.
JOE GOLD: But that is not doing something. That is history. Will the
equipment remain on that property?
TOWN ATTORNEY YAKABOSKI: I already. .
JOE GOLD: You haven't already answered it. I believe we are going in
circles, and I would like to go on a little straighter line.
TOWN ATTORNEY YAKABOSKI: At the moment there is no injunction
proceeding pending to have the vehicles moved, if that is your question.
JOE GOLD: That is an answer. The answer is nothing is being done.
TOWN ATTORNEY YAKABOSKI : The first one is also an answer, just one
you did not want to hear.
JOE GOLD: Nothing is being. That is the answer. There is no injunction.
Nothing is being done.
TOWN ATTORNEY YAKABOSKI : Currently we are working with the
landowner. We are not supporting this application, against it, but. are
working with them to bring them- into compliance, and they were notified
they had problem with the zone they were in, and the step they have taken
is to seek a zone change. I realize that what you are saying at the
moment, and Mr. Heinisch, also, I realize, is that you would like to see
something else done, additionally done, but that i's where it is currently at
the moment. That's all.
JOE GOLD: I don't want to extend a semantic battle. I don't want to see
something else done. I want to see something done. Nothing is being
done. The equipment sits there. There is no injunction, and you know, as
a member of this audience. here I resent this circular rigamarole, that
responded to this question.
TOWN ATTORNEY YAKABOSKI: I think you would have to agree,
purchasing property in the Town of Southold is, you spend money, and he
has said he put his business on there. Now, if his intention all along was
to purchase a piece of property, and then put a business on there, and
currently he has a problem because it is not zoned for that particular
business, and if he loses his zone application he is going to have to move
everything, and that would be a serious business risk, at least if I was
running the business. I understand this is not the short answer to what
you want to hear to the question is that there is no injunction proceeding
pending. What the town has choosing so far to do is say, look there is a
problem, and- what the applicant has chosen to do is put the application in.
JOE GOLD: We are going in a circle again, because he bought the
property knowing it was residential. Period. Thank you.
SUPERVISOR COCHRAN: Thank you for your comments, Mr. Gold and
Bernie. The Board will certainly take them under advisement. I am going to
call on Thor, and Frank, I am going to get you next.
THOR HANSON: I am Thor Hanson. I am the President of Southold
Citizens for Safe Roads. Madam Supervisor, and members of the Board, two
weeks ago we came before you to ask what the Town was doing, and the
Town's lawyer was doing, your outside lawyer, to answer the constitutional
challenge that Cross Sound raised last September, and in particular to ask
why there had been five delays requested in answering this since May
18th. The last one by the way is up today, the 4th of August. We were
AUGUST 4, 1998 4. 8 7
amazed to hear that no one on the Board, . nor your in-house attorney
seemed to understand, or know why your outside attorney had delaying.
You said that you would call the attorney in today, and he did come. It
was a closed session. We would request that you tell us something about
what you learned this morning in the session.
SUPERVISOR COCHRAN: Mr. Yakaboski did come in. This is lawsuit that
is under the jurisdiction of the Planning Board. We do not get everyday
updates. We had Mr. Orlowski come in, also, this morning, since it is
under his jurisdiction, and he and Mr. Yakaboski talk several times a week.
We have set up a system where Mr. Orlowski will inform the Board, say
every. two weeks as to what is happening to update us. Mr. Yakaboski
spent the first half hour at least speaking in open session, bringing people
up to date that was here listening, and then we went into Executive
Session. Greg, I will ask you to share what you can in relation to the
closed session, and only which legally which is not strategy, that we can
share at this point.
TOWN ATTORNEY YAKABOSKI : Just a brief update first before I arrive at
your question. As you know there was a main action commenced originally
to. .one part of that was to seek an injunction regarding the high speed
ferry.
THOR HANSON: You are talking about '95?
TOWN ATTORNEY YAKABOSKI: Correct, the original. Just a quick
overview to get to your question. A little background first, the main action
from '95, which I believe Southold Citizen's for Safe Roads are intervenors,
correct?
THOR HANSON: Correct.
TOWN ATTORNEY YAKABOSKI: And there is an appeal of, your
intervention going on at the moment by Cross Sound. That is still is
pending. As you know the SEQRA process was started. There was a Type
I declaration, and then there was a Pos Dec, and then the scoping
.outline. The Cross Sound challenged both the Pos Dec, and the scoping
outline, again, which Southold Citizens intervened. Both of those actions ,
were dismissed by the court. There was also an action by your group
against the town, which was also dismissed by the court. Then there was
another action, which was a declaratory judgement action. That is what you
are referencing about tonight, which was the declaratory judgement action.
Among other things it challenged the constitutionality of Section 100-250.
1 am afraid I am not going to able to give you a full answer. Unfortunately
I wasn't able to give it to Mr. Gold and Mr. Heinisch either, or answers
they were satisfied with. Unfortunately the case has been a little slowed,
because the judge, for personal reasons, has been handling an extremely
light caseload recently. Your question focuses on dealing with the
constitutional question, which was raised. However, the litigation was
focussed on having a site plan submitted by Cross Sound, going through
the SEQRA process, and bringing it before the Planning Board. Things
have been going on in the case. I am not at liberty to give you details of
what has been going on. I have negotiations going on, and dealing with
the constitutionalist is simply part of the overall litigation strategy in
handling the case. There was an update to the entire Board today in
Executive Session. I know it is not a full an answer as you would like. I
just can't give you that far. It goes into litigation strategy, case
strategy, and unfortunately I can't do that.
THOR HANSON: Couldn't you tell us, at least, why? We asked a couple of
things. I asked myself on behalf of Southold Citizens to find out why he
had been delaying five times in a row? Did you ask that question? I asked
actually did you tell him to stop delaying? Because it seems to us that
every delay that he requests on behalf of the town is playing into the
hands of Cross Sound Ferry. They have to answer these and everyone of
them. They are very quick to say, of course, you can have a delay
because meanwhile for them they just keep operating. They are happy to do
this, and we are playing into their hands we believe. You have no answer
to why there has been this delay over and over. We are going since last
September. No answer at all to that? Did you instruct him to get with it,
or something, or not?
488 AUGUST 4, 1998
COUNCILMAN MOORE: To explain it would be to reveal some of the
strategy.
SUPERVISOR COCHRAN: That's why you have an attorney, and we have
one.
THOR HANSON: But you don't just sit and listen to your attorney. You
tell them certain things you would like them to do.
COUNCILMAN MOORE: The last thing you want to do is sit there, and
give away, we are playing poker, and sit there and give our hand to the
opposing side right now. Your perception is that, at least a certain
portion of it is playing into their hands, a perception that is not shared
by the Board. If I explain any further, it is unfortunate we have a
difficult time to communicate when I don't feel we can share with you.
THOR HANSON: I would like to say this, too. I do think the numbers of
calls we had based on people, your citizens, who are paying your attorney
by the way, and who are electing you all, about which seems, seems to a
lot of people who see channel 27, who read the paper, it seems like
indifference. Two weeks ago it was almost, in all respect, as if you all
were yawning, and polishing your fingernails, when we were talking about
this issue, and I commend you on looking at Route 48, and having a
moratorium. I would submit to you that in the priorities of things in this
town the real threat, you can do all you want on Route 48, and do all these
things, but if you have unlimited traffic, and you are not doing anything
about curbing that gambler's ferry, the high speed boat that is coming is
over here and dumping people, what good is all this worrying about Route
48. There are priorities here that a lot of people, I think the perceptions
of the town, a lot of people in this town, are that you got it wrong, that
you are focussing on the wrong things, and you should be focussing on
those but this is a bigger priority in many, many ways. Probably one of
the greatest threats to the quality of life that we are trying to preserve
on the North Fork that is around, and there is a perception of just
indifference on the part of the Town Board. I am afraid I just have to say
that, and I am not alone in this. I mean we get calls people saying,
gosh, we can't believe what we are hearing or seeing, and that sort of
thing.
SUPERVISOR COCHRAN: I am sorry that you feel we are sitting here
yawning and painting our fingernails. We are not.
THOR HANSON: That is the impression that you get.
SUPERVISOR COCHRAN: I am terribly sorry how you interpret my
feelings, or the Board's. We have been concerned since the beginning. We
have disagreements. We have our attorney. You have yours. Perhaps your
attorney should fill you in on some of what is happening.
THOR HANSON: I know. I am filled in very much. I don't think there is
much I don't know on this.
SUPERVISOR COCHRAN: I think you are doing an injustice to the Board
when you say that we don't care.
THOR HANSON: We think you are doing an injustice to the town.
SUPERVISOR COCHRAN: We do care. Do I have to put blood on the wall
and sign my name. No. We are concerned.
THOR HANSON: We think you are doing an injustice to the town, the
taxpayers, in not putting a lot of emphasis. ,
SUPERVISOR COCHRAN: Right now it is in the courts, Thor.
THOR HANSON: One thing 1 would like to recall is that in your Town
meeting you called a couple of years ago, and there was a crowd of people
here, and your outside attorney was talking. A lot of people said to him,
look, you are not some broker between the town and Cross Sound Ferry.
You are to be acting for the Town and for our citizens of this town, and
they were very upset. I think you can recall that. That feeling still seems
AUGUST 4, 1998 489
to be around quite a bit, that the outside attorney thinks of himself as
some kind of a broker negotiated, as opposed to representing the Town
Board, and the town citizens.
SUPERVISOR COCHRAN: I think he is doing a fine job in representing us.
Thank you. Mr. Carlin is next.
FRANK CARLIN: Frank Carlin, Laurel. Councilman Brian, you have been
on this Board around eight months. Councilman Romanelli, he has been on
this Board around eight months. He is not here today, but he knows what I
am going -to be speaking about, because I informed him in the hallway
before I came into this meeting, when I met him out in the hallway before.
So you have been on the Board eight months, and I have two technics, that
normally use. You have never witnessed any of the two yet. One is
sometimes I will fire off big sixteen inch guns. Sometimes I will fire off
some torpedoes. This evening -is going to be torpedoes, and I have five of
them. Put on your life jackets. Sit back and enjoy it, and I don't need any
comment from the audience. If you got something to say come up and take
the microphone. I don't make any comment when somebody else speaks, and
I know who it was, too.
SUPERVISOR COCHRAN: Frank, please address the Board.
FRANK CARLIN: Anyway to get back to what I was saying. A gentleman'
recently stopped, and said to me, and this is true, we need somebody like
you in the town hall. I looked at him, and I said, no, no, but if I was the
top official in the Town Hall the first day on the job I would recommend
four things. Torpedo number one, I would fire the Zoning Board of
Appeals. The way they handled the McDonald's case was pathetic. I have
nothing against the Riverhead Building Supply. They have a fine
organization. They got an okay to have a drive through window. In my
opinion, and nobody is going. to change my mind, no matter if you go
through a drive through you buy lumber, you go through a drive through
you buy food, or you go through a drive through and you make a deposit
in the bank. You are doing the same thing. It is ludicrous. That is the
only fast food restaurant that we have in all of the North Fork, and to
deny that man a whole in the wall approximately three by five feet, in my
opinion is ludicrous. Torpedo number two, get rid of the Architectural
Review Board. Too much gridlock, never had it years ago, we got along
without. I am going to hire an architect, and I want to open up a business,
I am going to hire an architect to go over my plans, and say, look we want
the door there, want the window over there. Fine. Take the plan down.
They lay it out on a table, go over it with a magnifying glass like
Sherlock Holmes, and they come up, oh no, you can't have your door
over there. You got to have it over there. 1 don't need that. Torpedo
three, take some of the power away from the Planning Board, and give it
back to the Building . Department where it was years ago. When you got to
wait three months, six months, almost a year for a site plan to be
approved, there is something wrong. Our own councilman John Romanelli
has been waiting six months to get approve on his building over here on
Youngs Avenue. Torpedo four, take the Master Plan, throw it out, and
start from scratch, and come up with a decent Master Plan that will work
for everybody, something for everybody, a happy medium. When you have
a good Master Plan your work is only going into it if you have a good
combination, both work together. You can not have a Master Plan without a
Zoning Code working with it, and perhaps if you had a decent Master Plan
you wouldn't have to worry about the moratorium on Route 48. 1 am going
to take a break now, and I am going to be back for your final issue.
Somebody else might want to speak.
SUPERVISOR COCHRAN: Thank you.
FREDDIE WACHSBERGER: Freddie Wachsberger, Southold Citizen'.s for Safe
Roads. I think a lot of, maybe, misconceptions could be ended if the Town
Board told the people of Southold very clearly what it is that you want to
see happen at Orient Point with the ferry. We don't really know where you
all are with it. We don't know what you envision is the optimum of saying
for Southold Town down at the Point. You could address that without
revealing anything that took place legally or in closed session. If you told
us very clearly what you wanted to see happen there it might be something
that people of the town would agree with, or disagree with, but at least
490 AUGUST 4, 1998
you would be able to discuss openly, and bring in any facts, or data, that
might bear on that question. When you talk about five delays as being part
of a strategy, unfortunately it raised for me a kind of scary image that was
a choice I hadn't thought about last time, when I said the only thing
could see happening, as a result of these details, was that Cross Sound
was achieving it's goal of running another summer, and being able to say,
look, the Town has let us run for four summers, so why would anybody
find that we can't continue to operate. That seems to be a very scary
legal proposition. Now, a specter that was raised for me tonight, or today,
listening to you, was that there is some kind of secret deal that you are
working on. It's the secrecy that I think is very alarming to people, is
the continuous close session without a clear statement on your part.
think if you, the Board, and I know you have discussed it, and I know
you have an image of how you want to see this issue ultimately resolved. I
think if you told the people of Southold how you want to see this issue
ultimately resolved I think we would be in a different place. Thanks.
SUPERVISOR COCHRAN: Thank you for your comments. Anyone else like
to address the Board on any Town Board business? (No response.)
Frank, I will take your final comment.
FRANK CARLIN: Frank Carlin. Sorry to say, Ms. Hussie, this one is for
you. You are on the Landfill Committee, right? How often do the scales get
calibrated at the landfill?
COUNCILWOMAN HUSSIE: I think it is every six months.
FRANK CARLIN: I thought it was every three. It's $90.00 a ton. Is that
based on long or short ton?
COUNCILWOMAN HUSSIE: On a 2,000 pound ton.
FRANK CARLIN: That is a short ton. A long ton is 2,240 pounds. About
two weeks ago I had a box, about this long, a cardboard box, about this
long, that high. My wife had some stuff in there, not very much, consider
it trash. I put it in my pick-up. We drive down to the landfill. I drive up
to the front of the building, and I was going to heave it. The guy opened
up the window from the scale. He says, hey, you can't dump that over
there. You got to come over the scale with it. Everything comes in the
landfill you have to pay for. I looked at him. I said to myself, how is he
going to weigh this kind of weight? It is practically nothing. How is that
large scale going to detect the accurate weight that I have here? I said to
my partner, get in the truck, let's go home. So, I go home. I have two
scales, both pretty accurate. In fact I have a written statement here from
this man, and signed that he was witness when I weighed this box. Signed
by him, and his note is in there. It weighted 18 pounds. I go back to the
landfill. I go over the scale. I go and I dump the box, come back through
the scale, he opens the window, and says, you owe me a $1 .80. 1 said,
what do you mean $1 .80? He said, you had 40 pounds. I said, no, I didn't
have 40 pounds. I had 18 pounds. Well, these scales are calibrated at 20
pound increments. Well, if these are calibrated 20 pound increments, then I
should show 20 pounds. So, I was overcharged 99 cents. You take 18
pounds at 4.5 cents a pound, $.81, overcharge for 22 pounds, $.99. If this
has happened to me. It must of happened to other people in the past.
remember a year back a gentleman came up here, and he complained about
the same thing, and I was up here that night about that scale not being
that accurate to weigh small quantity of weights. What you need up there,
Ms. Hussie, is a scale to handle this kind of a problem, a smaller scale,
like a digital, something from zero to four or five hundred pounds, even a
potato scale. You know what a potato scale is? A potato scale you have a
pot to put your bag on, you have a horizontal bar, and you slide the bar
across, something like that. This scale is not designed to weigh small
quantities of. weight. As far as I am concerned the Town owes me $.99.
COUNCILWOMAN HUSSIE: How big was the box?
SUPERVISOR COCHRAN: Do you have penny? In all good fun, Frank,
your comments will be given to Jim Bunchuck.
AUGUST 4, 1998 491
FRANK CARLIN: It better be given, because next Board meeting, if I am
at the Board meeting next time, I want an answer for this, because I am
not going to overcharged. I believe other people have been overcharged,
if this is the case. I mentioned to you a year ago; and you got to do
something about it. That scale is too large to handle small quantities of
weight. I am serious about this. At that Board meeting I want an answer,
and I don't want no dancing around no bush.
COUNCILWOMAN HUSSIE: I am not dancing, Mr. Carlin. I am telling you
that you are not alone on this thing you referred to.
FRANK CARLIN: Then do something about it.
COUNCILWOMAN HUSSIE: A man with a mailbox, and we suggest that
those people who have articles or things that. are of no weight, so to
speak, buy a yellow bag, and put them in. Now, if you say this box was
this size that easily could fit into a large yellow bag.
FRANK CARLIN: It would be $1 .75 then. So I still would be paying over.
You need a smaller scale for small quantities of weight. It is as simple as
that. People can bring a little box, set it down, and weight, and get the
accurate amount, and that is it. This scale is not designed this way, and
hundreds of tons, this is not accurate. If it was supposed to be twenty
pounds, it should .have showed twenty pounds.
COUNCILWOMAN HUSSIE: We agree.
FRANK CARLIN: Well, agree to do something about it.
COUNCILWOMAN HUSSIE: The thing that we did about it was to check into
getting a smaller scale. A smaller scale would have to be away from where
we have the scalehouse. We would have to have another person to see what
is going on that scale. We are right now up, at the landfill, very -labor
poor. We can not just put people all over the place to do these things.
FRANK CARLIN: Don't use that excuse, manpower.
COUNCILWOMAN HUSSIE: I am going to use it in this instance.
FRANK CARLIN: You got people standing at the entrance there, when you
drive in, doing nothing checking for permits and stuff. You got people
walking around there. I see them. I go there. It could be just weighing
the stuff, too. It is not that everybody is going to continue to have a flow
of this type of problem coming in, but when they do come in have it so
that they can be weighed, and not be overcharged. Like I said, if it
happened to me, it could happen to a lot of other people in this town, that
doesn't realize what is happening to them, and I don't .feel like giving the
town no $.99. 1 give them enough in my taxes. I want an answer next time
I come, and I don't want no dancing around no bush. Don't tell me about
manpower. I don't buy that.
SUPERVISOR COCHRAN: Anyone else like to talk to the Town Board?
Share anything with us?
FRANK CARLIN: One more thing, I forgot to mention I submerged my
submarine, do I have any survivors?
SUPERVISOR COCHRAN: Certainly you have. I listed all four things. Not
too many people working in Town Hall. You got rid of them all. Anyone else
like to address the Town Board. (No response.) If not, I will call for
Board reports starting on my left with Mrs. Hussie.
COUNCILWOMAN HUSSIE: I don't have Ia report as such, but I would like
to respond to Mrs. Wachsberger's comments. In fact I wanted to do it
two weeks ago, when you were -here but you left before I had an
opportunity, because I am quite sure that I was the one to whom you were
referring having been on the Board for quite some time, and I have been
on the Board for six years, and,- in deed, I was there when Safe Roads
was formed, during it's genesis, and I was in on the whole thing. I am
speaking for myself. At the time, six years ago, I, as a Board member,
492 AUGUST 4, 1998
and indeed the Board at that time, too, was very, very interested in seeing
to it that this Cross Sound Company did what was required by the Planning
Board, and in order to put our money where our mouth is so to speak, we
authorized X number of dollars in order to hire an attorney to take care of
this problem to the best that we could do that. In the interim most of the
correspondence, and not negotiation, but the updating has between the
attorney and Planning Board. While we aren't always cognizant of what is
going on. I am assuming that having hired an attorney, given him a
function, and we are paying him that things are going along as they should
barring something from the Planning Board, that says, hey, things are not
going the way they should. So, to wrap it all up, as far as I am concerned
Cross Sound Ferry is supposed to do what it is supposed to do determined
by what the Planning Board is asking for, and I, as a Town Board member,
will fund that effort as long as we have to, and I hope it is not much
longer.
SUPERVISOR COCHRAN: Councilman Moore?
COUNCILMAN MOORE: I am just looking forward to the trip to Fishers
Island next week.
SUPERVISOR COCHRAN: Mr. Murphy?
COUNCILMAN MURPHY: Nothing.
SUPERVISOR COCHRAN: Louisa?
JUSTICE EVANS: I am looking forward to everyone coming over to Fishers
Island, and I, also, wanted to thank the people on the Planning Board, and
our Land Preservation people, and everybody, Jean and Brian. We had
them actually come over to Fishers Island, and explain the 20 tax to the
people there. The people were very grateful that they took the time on a
Saturday to come over, and spent it with citizens over there. They did a
nice job on that.
SUPERVISOR COCHRAN: I just have several things I would like to call to
your attention. One Board meeting one evening we did have some complaints
from the fisherman in relation to parking up at Town Beach. I did sit down
one day last week. I believe it was a week ago Monday with five or six, six
or seven fishermen, leisure fisherman, and we looking very seriously at
presenting to the Board a permit. They brought in information from other
municipalities, actually from the County, and how they work things, and it
could work and be feasible for us, so that will be coming to the Town
Board as soon as we finalize, and get some other information. We held
interviews for the Land Preservation. You saw that we passed a
resolution. We had very fine resumes from different people coming in, and
hopefully this will not discourage them, if they were not selected, and that
they will, again, submit their resume perhaps for. another position, as they
come along on our advertisement in the paper. I had the pleasure of
attending Cornell Research Farm up in Baiting Hollow. They had the
ribbon cutting to their new greenhouse facility. The State had given them
over $2,000,000, and there is a state of the art greenhouse that is just
unbelievable in what it can do. I believe that Benny Orlowski manages
up there, the greenhouses, and he has a system in his home, and in the
middle of the night if there is a problem up there in Baiting Hollow he is
able to correct it, but they had a pig roast, and there were many
dignitaries, that attended, and it was a lovely afternoon. On Friday night,
and Alice was also there, I attended a meeting of the Cherry Waters
Association in relation to water supply. Mike LaCrande was their guest
speaker, and they are piping down Hogs Neck, and down to Paradise
Shores, which has a very serious water problem, and they wondered, as it
went past their neighborhood, if they could be supplied water. Also, on the
pleasure side of things the Town Hall, and the Town, had a Town picnic,
which we all kind of stopped in, and ate hamburgers, and hot dogs, and it
was kind of nice to to not only work with the staff in a professional manner
from day to day, but it is kind of fun to have a social . happening every
once in awhile, too. So, that is about all I have at this point. We have
been busy. It is busier, of course, than it is in the middle of winter but
it has been exceptionally busy., The restaurants have been filled most
weekends. There is a lot of people. The traffic is heavy, not just in
Orient. It is heavy throughout the township. It is something we all have to
AUGUST 4, 1998 493
deal with, because it is there. We will be going over to Fishers Island. We
had a few items, seven or eight items, that relate to Fishers Island that
will be on the agenda. We will make those agendas available for you, if
you would like to see what business we are taking care of over there, and
thank you for joining us, and may I have 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
5:52 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
a
Eli abeth A. Nevill
Southold Town Clerk