HomeMy WebLinkAboutTB-09/15/1998 SEPTEMBER 15, 1998 87
SOUTHOLD TOWN BOARD
SEPTEMBER 15, 1998
WORK SESSION:
Present: Supervisor Jean W. Cochran, Councilwoman Alice J . Hussie Councilman
William D. Moore, Justice Louisa P. Evans, Councilman John M. Romanelli, Town
Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski.
Absent: Councilman Brian G. Murphy.
Updates
9:12 A.M. - Supervisor Cochran asked Councilman John M. Romanelli to take on
the responsibility of the 10 year census. He has accepted and will be in charge
of coordinating it. Melissa Spiro has been assigned to work on the Moratorium.
Supervisor Cochran has asked for maps on County;; Route 48 and and New York
State Route 25. Supervisor Cochran advised that she also spoke with Lee
Koppelman and Steve Jones of the Suffolk County Department of Planning.
Councilman Moore stated that we will not be asking this person to reinvent the
wheel, but just to go back and review what has already been done and help us
with sitting down and drafting the legislation for the Town Code. Documentation
will be prepared within nine months so they are ready to make determinations.
This will be the job of the consultant to prepare for the the execution and
implementation.
9:00 A.M. - Not-For-Profit Corporate Structure Follow-Up. - The Board
discussed options for amending the code with regard to golf course. This item
will be sent to Code Committee for review.
9:15 A.M. Appointment (9:35 A.M.) Chairman of the Board of Assessors re:
additional Senior Tax Exemption. The State has raised the ceiling amount
allowable from $26,900.00 to $27,900.00. This would calculate out to $1 .83 per
thousand of assessed valuation. It is a little more than usual because of the
Star Program. There are 600-1,000 qualified seniors. (Resolution No. 8 was placed
on the agenda to set a date for a public hearing on this matter.)
9:30 P.M. - Edward Boyd, Chief of Southold Fire Department representing the
Southold Town Fire Chiefs Council appeared before the Board to request the
Town Board to appoint a fire marshal. He stated that they have been trying for
fifteen years to get a fire marshal appointed in Southold Town. They believed
that it was going to be accomplished this time. They understood that there has
been some problem with the Civil Service Classification, 'but believes that it has
now been corrected. Chief Boyd stated that Southold has a distinct need for a
.appointing a fire marshal. They have businesses, commercial properties, schools,
and other public buildings 'to which the access is terrible. He advised that a lot
of these buildings have chained doors and are storing unidentified hazardous
materials which are very dangerous. He expressed his opinion that the person
appointed to this position would take a great load off the Building Department
and be able to do these things which are not being done. They have concerns
that are not being addressed and he advised that each day that goes by there is
a potential for disaster. Councilwoman Hussie informed him that she doesn't
agree with him on the need for one. Chief Boyd answered that there is no way
that a part-time summer person can inspect everything that needs to be done,
buildings, ingress and egress for emergency vehicles. Chief Boyd reiterated that
fire protection has always taken a back seat to other things that need to be
done. Nothing ever happens with fire protection until you have a disaster.
People just don't think about it until then. Councilwoman Hussie and Councilman
John Romanelli said to take the money from the taxing district of the fire
districts. Mr. Boyd said that it is not the responsibility of the fire district to
appoint a fire inspector. They cannot do it, it has to be done by the Town. A
dedicated person is needed to enforce the fire codes and the building codes.
SEPTEMBER 15, 1998
With all due respect, to Bob Fisher, he doesn't not even have the power to write
a violation. All of the fire departments are very frustrated that we here on the
north fork east end, do not have the same protection as the other east end
towns, Southampton, Riverhead, East Hampton, Brookhaven, everyone else has
them. The people of the Town of Southold are not getting the protection they
deserve and need. Councilwoman Hussie read the civil service job description
and said that she doesn't see it mentioned there. Town Attorney Yakaboski
advised that you must write it into the code to make it inclusive. Mr. Boyd
voiced his concern that if the Board appoints a building inspector, his time will
be spent doing work other than fire inspector. Supervisor Cochran asked Mr.
Boyd for some clarification with regard to the 15 foot wide roads that they have
concerns with access. Mrs. Cochran asked if he could get the other
departments to submit their lists of roads. Supervisor Cochran advised that last
year there was a half a person in the budget. This year she put in for a
full-time person. Health, safety and welfare is the responsibility of the Town
Board. Our present inspectors do not have time. She told him that she could
see his concern that another inspector would be gobbled up by the Building
Department and not used exclusively for fire inspections. Justice Evans.
suggested that the Board investigate and contact Riverhead to find out what
they can do and can their fire inspector issue summons. Justice Evans also
questioned how many premises violations were found on and how many
appearance tickets were issued. The Suffolk County Police Arson Squad or our
Building Inspector is called out afer a fire to determine the integrity of the
structure. Mr. Boyd left at 10:15 A.M.
10:15 A.M. - James Bunchuck, Solid Waste Coordinator appeared before the
Board with regard to four resolutions that he would like adopted. The first one
being for 75,000 additional yards of sand. More sand is going to be needed for
the landfill. Right now there are a lot projects going on all over the Island and
it is a good time to get it. If the supply dries up, it could cost three to four
times as much for the additional sand that will be needed. (See Resolution No.
9). The second resolution is needed for the rental of the bulldozer. Mr.
Bunchuck thought that the bond would pay for the rental of the bulldozer, but
it will not pay to purchase it. He may have to go to bid on this one. Overtime
on the bulldozer could come from the bond also. Mr. Bunchuck said that he
checked with, contractors on this one and they pay their operators at least twice
as much as the Town does. (See Resolution No. 10) Mr. Bunchuck advised that
another truck and payloader is needed for mulching and other work. The truck
he has now was 12 or 14 years old when they purchase it. Now it is 30 years
old. They know of one in Pennsylvania that they would like to look at.
Permission was requested for Edward Capobianco to travel to Pennsylvania to
look at this equipment for possible purchase. (See Resolution No. 11). The
Board discussed the "volunteer recycling coordinator" with Mr. Bunchuck. The
Board is of the opinion that this person should have one or two goals to
accomplish with a clear definition of the job .and goals. They asked Mr.
Bunchuck for suggestions. He suggested two items: (1) an updated brochure is
needed; (2) "America Recycles Day" in the Fall to promote people to buy things
in recyclable packages. U$LS Use Less Stuff Day. Councilwoman Hussie
questioned who will supervise her? Supervisor Cochran answered that she would
be under the supervision of the Town Board. She would be given two specific
charges: a brochure and an event. Anything that she develops must be run by
the Town Board first. Mr. Bunchuck will bring this volunteer in to meet the
Board at the next meeting on September 29th.
On motion by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold enter into Executive
Session at 11:06 A.M. for the purpose of discussing personnel and acquisition of
land. Vote of the Town Board: Ayes: Councilman Moore, Councilman Romanelli,
Councilman Murphy, Justice Evans, Councilwoman Hussie, and Supervisor
Cochran. Also present Town Clerk Elizabeth Neville, Town Attorney Gregory
Yakaboski.
Resolution number 12 originated as a result of a discussion in the foregoing
Executive Session.
Executive Session ended at 12:25 P.M. at which time the Town Board recessed
for lunch.
1:15 P.M. The Town Board reviewed IV. For Discussion Items. IV. 1 . Lack of
Parking Stickers at Goldsmith Park. The Police will be notified to check the
area. IV 2. Credit for Vendors of Yellow Bags. The Town Clerk will sit down
and talk to Comptroller John Cushman about setting ' this up administratively.
IV. 3. Proposed changes to Chapter 48, Garbage, Rubbish and Refuse. This
was tabled for the time being. IV. 4. Property lease for Animal Shelter. We
SEPTEMBER 15, 1998
must see a site plan and public hearing on this. IV. 5. Employment of disabled
workers at the landfill to roll change from the bag vending machine. Supervisor
Cochran had someone in mind, an older gentleman in a wheelchair. She will give
the name to Councilwoman Hussie. IV. 6. Cablevision Franchise Fee. (See
Resolution No. 13) IV. 7. Employee Handbook. The Town Board reviewed it
and made several changes to it. (See Resolution No. 14 to adopted it.)IV. 8.
Proposed amendment of Town Code Section 77-204 re: scallops. (See Resolution
No. 15 setting the date, time and place for a public hearing. IV. 9 8 IV. 10.
- Moratorium. Town Attorney Yakaboski will draft these town resolutions. (See
Resolution Nos. 16,17, 18, & 19. IV. 11. Set a date to interview Laborer at
Scavenger Waste Plant. Councilman John Romanelli will set the date and contact
the personnel assistant to send out letters. IV. 12. Additional Scale for Landill
- The Town Board said no. IV. 13. Building Permit Criteria - Structures and
buildings will be defined. IV. 14. Request for interpretation re: radio tower.
IV. 15. Request of Highway Superintendent Jacobs to place employee on
workers compensation. (See Resolution No. 20). IV. 16. Request for participation
in the early retirement plan. The Town Board said no.
On motion by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold enter into Executive
Session for the purpose of discussing personnel and property acquisition.
Vote of the Town Board: Ayes: Councilman Moore, Councilman Romanelli,
Councilman Murphy, Justice Evans, Councilwoman Hussie, and Supervisor
Cochran. Also present: Town Clerk: Elizabeth A. Neville, Town Attorney
Gregory Yakaboski.
Executive Session and work. session ended at 4:05 P.M.
91
SEPTEMBER 15, 1998
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on
September 15, 1998, at the Southold Town Hall, Main Road, Southold, New
York. Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge
of Allegiance to the Flag:
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Absent: Councilman Brian G. Murphy
SUPERVISOR COCHRAN: May 1 have a motion to approve the audit of the
bills for September 15, 1998?
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $525,222.26; General Fund Part
Town bills in the amount of $11,663.29; Highway Fund Whole Town bills in
the amount of $49,678.25; Highway Fund Part Town bills in the amount of
$20,333.77; CHIPS (Highway Part Town) bills in the amount of $52,706.50;
Capital Projects Account bills in the amount of $319,100.00; Ag Land
Development Rights bills in the amount of $7,312.31; Payloader Capital
(Landfill) bills in the amount of $90,068.05; Landfill Cap E Closure bills
in the amount of $15,827.37; Lighting/Heating Capital A/C bills in the
amount of $25,000.00; Computer System Upgrade bills in the amount of
$415,185.33; Sweeper 6 Payloader Capital bills in the amount of
$70,400.00; Employee Health Benefit Plan bills in the amount of $43,481 .71;
Fishers Island Ferry District bills in the amount of $19,823.24;
Shorecrest at Arshamomoque bills in the amount of $27,698.40; Lands
End road Improvement District bills.- in the amount of $25,485.00; Refuse and
Garbage District bills in the amount of $155,378.92; Southold Wastewater
District bills in the amount of $604.03CR; Fishers Island Sewer District
bills in the amount of $85.33; Southold Agency and Trust bills in the
amount of $8,999.41; Fishers Island Ferry District Agency E Trust bills in
the amount of $583.07.
Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: May I have a motion to approve the minutes of
September 1, 1998?
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the minutes of the September 1, 1998, Town Board
meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Set the date for the next Town Board meeting,
Tuesday, September 29, 1998, at 4:30 P.M.
Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the next meeting of the Southold Town- Board will be held
at 4:30 P.M., Tuesday, September 29,. 1998, at the Southold Town Hall,
Southold, New York.
Vgte of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBE 15, 1998
SUPERVISOR COCHRAN: We are very pleased this ..evening to have all
these blue and white uniforms over here, and we have a special
presentation. This is a soccer team, and at last Board meeting you may or
not be aware that we honored the soccer team of the young men from
Mattituck, and my office received a phone call, so ladies would you please
come forward, and your coaches also. How old are these young woman?
Fourteen and under? We are very proud of your championship.
Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS, the Town Board of the Town of Southold wishes to recognize
THE MATTITUCK STORM, a team in the MATTITUCK SOCCER CLUB,
LONG ISLAND JUNIOR SOCCER LEAGUE, for winning the 1998
Waldbaum's Long Island Youth Soccer Challenge Championship, the Long
Island League Division Championship Spring 1998 and placing second in the
East End Soccer Tournament in the under - 13 age group; and
WHEREAS, these championships are an example of the spirit, dedication,
team work and sportsmanship of THE MATTITUCK STORM as they
defeated formidable opponents; and
WHEREAS, the importance of the skill, pride and commitment of the
coaches, parents, families, and team supporters cannot be overstated as
THE MATTITUCK STORM players were guided toward these outstanding
accomplishments; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold wishes to
publicly congratulate THE MATTITUCK STORM for winning the 1998
Waldbaum's Long Island Youth _. Soccer Challenge Championship,
the Long Island League Division Championship Spring 1998 and placing
second in the East End Soccer Tournament; with deep appreciation to the
team, the coaches, and the parents for the positive example they have
provided to the youth of Southold Town.
MATTITUCK STORM
Debbie Horton, Anne Lasota -Coaches
Rosie Allen Jessica Bodis Heather Burden
Kaitlin Burden Kate Burger Emily Crook
Patricia Horton Laura Jensen Christine Lasota
Allison Lynch Silvia Martin Leslie Miller
Jennifer Milner Lauren Morris Caitlin Polistena
Kristen Sabat Liane Schoenstein Nicole Vatale
Dated: September 15, 1998
Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: What we also did today, so that each of the girls
can have a copy to take home with them. We made copies of the resolutions
itself. It is not a pretty red folder, but it does give you the compliments,
and the -credit, and the glory, that evidently you all deserve, and this is
being presented on behalf of the Town Board. We like to see youth
involvement, and you are a good example. We didn't do this for the boys.
They didn't get copies. They will be back. Thank you so much, and we
wish you well with your future games.
I. REPORTS.
SUPERVISOR COCHRAN: For those of you that did pick up a agenda, they
are out on the table in the front hall, each Board meeting the Board
receives reports from the different committees in the different departments,
and they are placed on file with the Town Clerk. They are public
information. You are more than welcome to come in and obtain any of this
information. These are presented to the Board, as I said, every two weeks.
1 . Southold Town Clerk's Monthly Report for August, 1998.
2. Scavenger Waste Treatment Facility Monthly Report for August, 1998.
3. Southold Town Police Department Monthly Report for August, 1998.
4. Leave Time Taken Report for June, 1998.
5. Leave Time Taken Report for July, 1998.
6. Leave Time Tale Report for August, 1998.
7. HHS Claim Lag Study Analysis, PBA for August, 1998.
8. HHS Claim Lag Study Analysis, Town for August, 1998.
9 Southold Town Planning Office for August, 1998.
10: Southold Town Justice Evans Monthly Report for August, 1998.
11 . Southold Town Justice Price Monthly Report for August, 1998.
p SEPTEMBER 15, 1998
"l
12. Southold Town Justice Bruer Monthly Report for August, 1998.
13. Southold Town Recreation Department Monthly Report for August,
1998.
14. Southold Town Program for the Disabled Monthly Events for August,
1998.
15. North Fork Animal Welfare League Monthly Report for July, 1998.
16. North Fork Animal Welfare League Monthly Report for August, 1998.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: We also every two week period receive public
notices. The ones that are on the agenda for tonight is for the Southold
Town Trustees, one is for the season in harvesting the scallops. Another
one is for New York Department of Environmental Conservation notice of a
public hearing, and the third one is U.S. Corp of Engineers in relation to
a float and ramp maintenance in Arshamomaque Pond. We have received
communications from the head of the New York DOT pending traffic study
requests, a letter from Walt Krupski thanking the town for their donation
to the Douglas Moore Concert, a letter to Supervisor Cochran from Gerard
McGinty supporting the changes that the County is doing on Route 48,
and Wickham Avenue in Mattituck, and a letter to our Town Clerk in
relation the denial of a traffic request on 25 and Oaklawn.
1 . Southold Town Board of Trustees Notice of Scallop Harvesting dates:
October 5 - October 18, 1998, dip net or scalp net is permitted for
non-commercial harvesting only; October 19 - March 31, 1999 all gear
permitted pursuant to Chapter 77 of the Southold Town Code.
2. New York State Department of Environmental Conservation, Notice of
Complete Application of JMC Capital Corp. for a tidal wetlands permit to
sink existing boulders currently exposed on a beach located at 62825
County Road 48, Town of Southold. Written comments by October 9, 1998,
legislative hearing October 14, 1998.
3. U.S. Army Corp of Engineers, New York District, Notice of
application of William Pappas for a permit to maintain as completed a
platform, a ramp, a float and pilings in Arshamomaque Pond, Great Peconic
Bay, Town of Southold, Written comments by October 8, 1998.
III. COMMUNICATIONS
1. Criag Sircusa, New York State Department of Transportation in
regard to pending traffic study requests.
2. Walter Krupski, Jr., thanking the Town for their donation to Douglas
Moore Memorial Concert.
3. Gerard McGinty supporting changes at the intersection of Route 48
and Wickham Avenue in Mattituck.
4. Thomas F. Oelerich, New York State Department of Transportation
with traffic signal request at Route 25 and Oaklawn Avenue in Southold.
IV PUBLIC HEARING None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: The Town Board has a policy prior to the adoption
of resolutions, that the public is given the opportunity to speak ,to the
Board on any input you may wish to share with us at this time. Mr.
Siegmann?
ED SIEGMANN: I just want to make a comment on behalf of the seniors,
that comes under the circuit breaker law. I want to thank the Board for
forming a hearing in reference to the increase in that law. Thank you.
SUPERVISOR COCHRAN: Any other .comment in relation to the resolutions?
(No response.) If not, at the end of the adoption of the resolutions the
Town Board will accept from each and everyone of you any comments in
relation to Town business. Is there any other comment in relation to the
proposed resolutions? (No response.) If not, we will begin the adoption.
.E
SEPTEMBE 15, 1998 114,,, ,
1 .-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes a refund in the amount of $15.00 to Southold Yacht Club, which
sum represents a voided Yard' Sale Permit.
I .-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
2.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, the Town benefits from the clean-up of its beaches _through
the efforts of the Annual Hands Across the Bays Beach Clean-Up which will
take place Friday, September 18, 1998 through Sunday, September 20,
1998; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby grants
the request of Save the Bays, Inc. to waive the Landfill Fee for the
disposal of the garbage from the Annual Hands Across the Bays Beach
Clean-Up.
2.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
3.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs HHS Administrators to pay the medical bills of
Randall Wells, submitted by Eastern Long Island Emergency Physicians more
than 90 days after the date of service.
3.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
4.- Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
A.7520.4.600.200 Landmarks Preservation Commission, C.E.
Miscellaneous
Meetings & Seminar $ 450.00
From:
A.7520.4.400.300 Landmarks Preservation Commission, C.E.
Contracted Services
Printing 8 Engraving $ 450.00
4•-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
requests the New York State Department of Transportation to conduct a
traffic survey on all roads in Mattituck Estates: Azalea Road, Blossom
Bend, Cardinal Drive, and Meadow Lane for the purpose of lowering the
speed limit from 35 to 25 miles per hour.
5.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
6.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli,
WHEREAS, the rules and regulation promulgated by the New York State
Deferred Compensation Board require that the Deferred Compensation
Committee act on behalf of the Town with regard to the Town's Deferred
Compensation Plan, and
WHEREAS, the Town Board of the Town of Southold has created a
Deferred compensation Committee to review Employees Deferred Compensation
Plans and make recommendations to the Town Board, and
WHEREAS, the Town Board of the Town of Southold wishes to retain its
authority to act on behalf of the Town with regard to the Town's Deferred
Compensation Plan, now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby dissolves
the current Deferred Compensation Committee, and,,
94
SEPTEMBER 15, 1998
BE IT FURTHER RESOLVED that the Town Board of the Town of
Southold shall be the Town of Southold's Deferred compensation Committee
and
BE IT FURTHER RESOLVED that the Town Board hereby establishes and
forms a Deferred Compensation Advisory Committee and
BE IT FURTHER RESOLVED that the member of the Deferred
Compensation Advisory Committee shall consist of the PBA President,
CSEA Representative Linda J. Cooper, Town Comptroller John Cushman
and Councilwoman Alice Hussie.
6.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
7--Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS,the New York State Deferred Compensation Board(the"Board),pursuant to Article 2,
Section 5 of the New York State Finance Law("Section 5"),and the Rules and Regulations of the
New York State Deferred Compensation Board(for reliance from June 9, 1998,published in the
State Register July 1, 1998 and with an effective date of October 1, 1998)(the"Regulations),has
promulgated the Model Deferred Compensation Plan for Employees of the Town of Southold(the
"Model Plan")and offers the Model Plan for adoption by local employers;
WHEREAS,Section 457 of the Internal Revenue Code of 1986,as amended(the"Code"),was
recently amended by the Small Business Job Protection Act of 1996 to require that amounts held
pursuant to eligible deferred compensation plans such as the Model Plan must be held in trust for the
exclusive benefit of participants and their beneficiaries;
WHEREAS,Section 457(e)(9)of the Code was recently amended by the Taxpayer Relief Act of
1997 to increase the maximum elective distribution amount for small accounts from$3,500 to$5,000;
WHEREAS,effective September 3, 1997,the Board amended and restated the Model Plan to require
that amounts held pursuant to eligible deferred compensation plans such as the Model Plan must be
held intrust for the exclusive benefit of participants and their beneficiaries and to make other
miscellaneous modifications to the Model Plan;
WHEREAS,effective April 191998,the Board again amended and restated the Model Plan to
increase the maximum elective distribution amount for small accounts from$3,500 to$5,000,to
permit the deferred compensation committee of a Model Plan to direct the transfer of the account
balances of Participants whose employment is being transferred to another employer permitted to
adopt an eligible deferred compensation plan pursuant to Section 457 of the Code or,alternatively,to
permit such Participants to elect to transfer their account balances to the eligible deferred
compensation plan of the Participants'new employer,and to clarify that each Participant may take
into account the portion of the annual deferred compensation limitation that the Participant did not
utilize under any eligible deferred compensation plan adopted pursuant to Section 457 of the Code for
the purpose of determining such Participant's catch-up contribution limitation with respect to the
Model Plan adopted by the Participant's employer;
WHEREAS,the Board has offered for adoption the amended and restated Model Plan to each Model
Plan sponsored by a local employer in accordance with the Regulations;
WHEREAS,the Town of Southold,.pursuant to Section 5 and the Regulations,has fully considered
the various options available to it for the adoption of eligible deferred compensation plans,including
adoption of the State Plan,the Model Plan,and individually designed plans,and desires to adopt the
Model Plan which shall be known as the Deferred Compensation Plan for Employees of the Town of
Southold;
WHEREAS,the Town Board of the Town of Southold has appointed itself as the Deferred
Compensation Committee(the"Committee)to act on behalf of the Town of Southold;
WHEREAS,the Committee has solicited and evaluated competitive proposals of Administrative
Service Agencies and Financial Organizations providing trust and trustee services,in accordance
with the Regulations,now therefore be it
SEPTEMBER 15, 1998
RESOLVED that the Town of Southold hereby adopts the Deferred Compensation Plan for
Employees of the Town of Southold by adopting the amended and restated Model Plan effective April
1,1998 and
BE IT FURTHER RESOLVED,that the Town of Southold hereby selects Nationwide Trust
Company FSB and FMB Trust Company N.A.to serve as trustees and
BE IT FURTHER RESOLVED,that PEBSCO and Hartford Life Insurance Company,Inc. are
appointed the Administrative Service Agencies and Nationwide Life Insurance Company and
Hartford Life Insurance Company,Inc. are appointed as the Financial Organizations and
BE IT FURTHER RESOLVED,that pending notification of the Deferred Compensation Board in
accordance with Section 9003.3(c)of the Regulations,the Committee is hereby authorized and
directed to enter into appropriate contracts with Nationwide Trust Company FSB and FMB Trust
Company,N.A.PEBSCO,Hartford Life Insurance Company,Inc.and Nationwide Life Insurance
Company,and to enter into other contracts as may be necessary or appropriate to effect the
foregoing. In no event shall these contracts be of greater duration than five(5)years,and every
contract or agreement entered into shall contain a provision that the agreement or contract is subject
to the Regulations and the Model Plan.
IN WITNESS WHEREOF,the undersigned have executed this resolution in the Town of Southold,
Suffolk County,New York this 15th day of September,1998 and directed that it be filed as
appropriate.
Jean W. Cochran /S/
Louisa P. Evans /S/
Alice J. Hussie /S/
William D. Moore /S/
Brian G. Murphy /S/
John M. Romanelli /S/
SEAL
7.Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
8.-Moved by Councilman Moore, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 15th day of September, 1998, "A Local Law in Relation
to Senior Citizen Exemption"; now, therefore be it
RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday,
September 29, 1998, at the 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 Senior Citizen Exemption
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 85 (Taxation) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 85-1 (Partial Exemption for senior citizens) is amended
as follows:
A. Amount of Exemption
(1) Real property owned by one (1) or more persons, each of whom is
sixty-five (65),years of age or over, or real property owned by husband
and wife, one (1) of whom is sixty-five (65)years of age or over, shall be
exempt from town taxes to the extent provided, subject to the following
•income limitations:
Q SEPTEMBER 15, 1998
Extent of Exemption
Income %
Up to$19,499 50%
$19,500 to $20,499 45%
00 to . 91,499 40%
35%
30%
$23.400 to$24.222 25%
$24,300 to $25,199 20%
$25 200 to$26,099 15%
$26.100 t 26,999 10%
MMO to 7 RCiq 5%
}fpe$48;499- 50%
44&, -$-I4,AGQ-45%
j",5e0-f* -2Q,49a 40%
V2&,5G&to*-2'f AW35%
$2-100-te- 22,399 30%
l6I .Y�.v1 25%
425,34E to-V4,1-Se 20%
15%
rs,'F6E3 to-V&,99a 10%
V2e,flE}E9-tQ$`2",-899'5%
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Strikethrough represents deletions
B.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
9--Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for bids for up to
75,000 cubic yards of sand for use in the landfill capping project.
9--Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
10•-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for bids for rental of
D-8 or larger sized bulldozer for a minimum period of two (2) months for
use in the landfill capping project, at a cost not to exceed $9,000.00 per
month.
10.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
r
11 .-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Edward Capobianco, landfill foreman, to travel to Honesdale,
Pennsylvania to observe the operation of a feed/mixer being considered for
purchase for the Solid Waste Ag-Bag compost system, expenses for travel
shall be a legal charge to the Solid Waste District.
11 .-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBER 15, 1998 '97
12.-Moved by Justice Evans, seconded by Supervisor Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 5:05
P.M., Tuesday, September 29, 1998, at the Southold Town Hall, 52095 Main
Road, Southold, New York, as the time and place for a public hearing on
the question of the acquisition of the open space land of Janet
Fitzgerald at Fishers Island, New York SCTM #1000-06-04-011 &
1000-06-08-006, comprising of approximately 1 .5 acres.
12.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
13.-Moved by Councilwoman Hussie, 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 the waiver
from for the revised franchise fee calculation for Cablevision.
13.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
14.-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts
the "Employee Handbook", effective September 15, 1998.
COUNCILMAN MOORE: Before I vote on this thing I just want to say this
is a personnel handbook for the Town employees, the town of our size, the
number of employees we have, having a formal personnel employee handbook
was something long overdue. Any other business the size of our town would
have such a, thing. The resource departments would insist upon it. It is
going to spell out what we expect of our employees, and they are all good
employees, but when you come to work for the Town you now will get the
personnel, and you will know what the game plan is when you come to work
for the town, something that we have worked on for over a year. It was
not a front burner top priority item, but slowly but surely we slogged our
way through, and the CSEA got a look at it, and they have made their
comments. The Labor Council looked at it, but we just kept our shoulder to
the grindstone, if you will, and I am glad to see that we finally go it done.
SUPERVISOR COCHRAN: I think we are all glad. Now we are going to
attack policies.
14.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
15.-Moved by Justice Evans, seconded by Councilman Moore,
WHEREAS there was presented to the Town Board of the Town of
Southold, on the 15th day of September, 1998, "A Local Law in Relation
to Non-Commercial Scallop Season", now therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets
5:10 P.M., Tuesday, September 29, 1998, at the 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 Non-Commercial Scallop Season
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 77-204 (B) Non-Commercial Scallop Season
B. The Trustees of the Town. of Southold shall establish, by
resolution, the daily amount of scallops permitted to be taken
from town waters by hand or with a scalp net either by and
individual or per boat during the non-commercial scallop season.
B. During th 'bushel
scallop season, not more than
One-half (11") bushel of scallops may be taken from town
Waters in any one (1)day by hand or with a scalp met
11. This local law shall take effect upon filing with the Secretary of State.
Underline represents additions
Strikethrough represents deletions
15.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
19 $ SEPTEMBER 15, 1998
16.-Mov,3d by Justice Evans, seconded by Supervisor Cochran,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 15th day of September, 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 Route 25
Corridor from the Intersection of SR25 and CR48 East to the
intersection of SR25 and Manhasset Avenue in the Town- of Southold, and
WHEREAS, the enactment of a temporary moratorium related to zoning
and land use necessitates referral of the proposal 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 Zoning Property along the Route 25 Corridor
from the Intersection of SR25 and CR48 East to the intersection of
SR25 and Manhasset Avenue in the Town of Southold" to the Southold
Town Planning Board and the Suffolk County Planning Commission for their
recommendations and reports, all in accordance with the Southold Town
Code and the Suffolk County Charter. Said Local Law reads as follows:
Temporary Moratorium on the Issuance of Approvals and/or Permits for
Business Zoned Property Along The Route 25 -Corridor from the intersection
of SR 25 and CR 48 East to the Intersection of SR 25 and Manhasset
Avenue in the Town of Southold.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
LOCAL LAW NO. 1998
Temporary Moratorium on' the Issuance of Approvals and/or Permits for
Business Zoned Property Along The Route 25 Corridor from the intersection
of SR 25 and CR 48 East to the Intersection of SR 25 and Manhasset
Avenue 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 The Route 25
Corridor from the intersection of SR 25 and CR 48 East to the Intersection of SR
25 and Manhasset Ave. in the Town of Southold (hereinafter referred to as "THE
CORRIDOR" is necessary and is an important and appropriate subject for study
in detail. This study is past due. This Local Law is intended to preserve the
status quo of THE CORRIDOR to provide the Town Board an opportunity to
review the zoning of properties along THE CORRIDOR, the likely impacts to the
community based upon the existing zoning of properties along THE CORRIDOR,
s'
SEPTEMBER 15, 1998 g 9°
and to make amendments as to the level and nature of business uses that are
appropriate along THE CORRIDOR 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 effective date 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 the Town Board during the nine month period,
no agency, board, board officer or employee of the Town of Southold including,
but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees,
the Planning Board, or the Building Inspector(s) 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 permit, subdivision, or permit for any of the following property uses
listed in the following sections of the Town Code within the following zoning
districts which are located in THE 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 The Route 25 Corridor from the intersection of SR
25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. in the Town
of Southold ("THE CORRIDOR")
SEPTEMBER 15, 1998
THE CORRIDOR is hereby defined and identified as follows: from a
point beginning at the intersection of SR 25 and CR 48 East to a point ending at
the Intersection of SR 25 and Manhasset Ave. in the Town of Southold
"THE CORRIDOR" shall extend one thousand feet(1000) north and one
thousand feet (1000') south respectively from the north road edge and the south
edge of SR 25.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) 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 parcel of
property including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary moratorium;
and
2) parcel(s) of land currently improved with a building or buildings so long
as the application is not: a) seeking, in whole or part, a change in the use
of the land, premises or buildings; and b) and so long as the application
does not require any applications to, or approvals, special exceptions,
variances from, the Zoning Board of Appeals of the Town of Southold.
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, 274-b, and 276 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
J
SEPTEMBER 15, 1998 9
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 judgment
shall not impair or invalidate the remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary
of State.
16.,Vote of the Town Board: Ayes: Councilman Romanelli,,, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
17.- Moved by Justice Evans, seconded by Councilman Moore,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 15th day of September, 1998, a Local Law entitled, "A
Local Law in Relation to Amending Section 4. Exclusions" of the Local Law
adopted on September 1, 1998 entitled "Temporary Moratorium on the
Issuance of Approvals and/or Permits on Business Zoned Property Along the
Route 48 Corridor in the Town of Southold, and
WHEREAS, the enactment of a temporary moratorium related 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 Amending Section 4. Exclusions" of the Local Law
adopted on September 1, 1998 entitled "Temporary Moratorium on the
Issuance of Approvals and/or Permits for Business Zoning Property along
the Route 48 Corridor in the Town of Southold" to the Southold Town
Planning Board and the Suffolk County Planning Commission for their
recommendations and reports, all in accordance with the Southold Town
Code and the Suffolk County Charter. Said Local Law reads as follows:
LOCAL LAW NO. 1998
Temporary Moratorium on the Issuance. of Approvals and/or Permits
for Business Zoned Property Along The Route 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
102SEPTEMBER 15, 1998
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 is necessary and is an important and appropriate subject
for study in detail. This study is past due. This Local Law is intended to
preserve the status quo of the Route 48 corridor 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 amendments 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 effective date 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 the Town Board during the nine month period,
no agency, board, board officer or employee of the Town of Southold including,
but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees,
the Planning Board, or the Building Inspector(s) 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 permit, subdivision, or permit for any of the following property uses
listed in the following sections of the Town Code 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)
SEPTEMBER 15, 1998 `' '
ar� (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 from the north road edge and the south edge of Sound Avenue and
County Road 48.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) 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; and
2) parcel(s) of land currently improved with a building or buildings so long
as the application is not: a) seeking, in whole or part, a change In the use
of the land, premises or buildings; and b) and so long as the application
does not require any applications to, or approvals, special exceptions,
variances from, the Zoning Board of Appeals of the Town of Southold.
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, 274-b, and 276 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
0 Wit`.: SEPTEMBER 15, 1998
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 judgment
shall not impair or invalidate the remainder of this Local Law.
Section. 8. EFFECTIVE DATE.
This 'Local Law shall take effect immediately upon filing with the
Secretary of State.
17.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
18.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, there was presented to the Town Board on the 15th day of
September, 1998 A Local Law entitled "Local Law in Relation to A Temporary
Moratorium on the Issuance of Approvals and/or Permits for Business Zoned
Property along the Route 25 Corridor from the intersection of SR25 and
CR48 East to the Intersection SR25 and Manhasset Avenue in the
Town of Southold, now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby sets 5:15
P.M., Tuesday, September 29, 1998, at the Southold Town Hall, 53095 Main
Road, Southold, New York as the time and place for a pubic hearing upon
this Local Law, which reads as follows:
LOCAL LAW NO. 1998
A Local Law in Relation to a Temporary Moratorium on the Issuance of
Approvals and/or Permits for Business Zoned Property Along the Route 25
Corridor from the intersection SR25 and Cr48 East to the intersection of
SR25 and Manhasset Avenue in the Town of Southold.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Temporary Moratorium on the Issuance of Approvals and/or Permits for
Business Zoned Property Along The Route 25 Corridor from the intersection of
SR 25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. in the
Town of Southold
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 _
ZQ
SEPTEMBER -15, 1998 ''05
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 The Route 25
Corridor from the intersection of SR 25 and CR 48 East to the Intersection of SR
25 and Manhasset Ave. in the Town of Southold (hereinafter referred to as "THE
CORRIDOR" is necessary and is an important and appropriate subject for study
in detail. This study is past due. This Local Law is intended to preserve the
status quo of THE CORRIDOR to provide the Town Board an opportunity to
review the zoning of properties along THE CORRIDOR, the likely impacts to the
community based upon the existing zoning of properties along THE CORRIDOR,
and to make amendments as to the level and nature of business uses that are
appropriate along THE CORRIDOR 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 effective date 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 the Town Board during the nine month period,
no agency, board, -board officer or employee of the Town of Southold including,
but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees,
the Planning Board, or the Building Inspector(s) 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 permit, subdivision, or permit for any of the following property uses
listed in the following sections of the Town Code within the following zoning
districts which are located in THE CORRIDOR: 100-61(B) and (C) governing the
SEPTEMBER 15, 1998
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; 100A 30(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. DEFUNITION OF The Route 25 Corridor from the intersection of SR
25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. in the Town
of Southold ("THE CORRIDOR")
THE CORRIDOR is hereby defined and identified as follows: from a
point beginning at the intersection of SR 25 and CR 48 East to a point ending at
the Intersection of SR 25 and Manhasset Ave. in the Town of Southold
"THE CORRIDOR" shall extend one thousand feet (1000') north and one
thousand feet (1000') south respectively from the north road edge and the south
edge of SR 25.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) 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 parcel of
property including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary moratorium;
and
2) parcel(s) of land currently improved with a building or buildings so long
as the application is not: a) seeking, in whole or part, a change in the use
of the land, premises or buildings; and b), and so long as the application.
does not require any applications to, or approvals, special exceptions,
variances from, the Zoning Board of Appeals of the Town of Southold.
SEPTEMBER 15, 1998 t ;'
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, 274-b, and 276 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 judgment
shall not impair or invalidate the remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary
of State.
18.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
19.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli,
WHEREAS, there was presented to the Town Board of the Town of
Southold on the 15th day of September, 1998, a Local Law entitled, "A
Local Law in Relation to Amending Section 4. Exclusions" of the Local Law
adopted on September 1, 1998 entitled "Temporary Moratorium on the
issuance of Approvals and/or Permits for Business Zoned Property Along
the Route 48 Corridor in the Town of Southold, now therefore, be it
RESOLVED that the Town Board of the Town .of Southold hereby sets 5:20
P.M., Tuesday, September 29, 1998, at the Southold Town Hall, 53095 Main
Road, Southold, New York as the time and place for a public hearing upon
this Local Law, which reads as follows:
SEPTEMBER 15, 1998
LOCAL LAW NO. 1998
A Local Law to Amend "Section 4. Exclusions" of the Local Law adopted on
September 1, 1998 entitled "Temporary Moratorium on the Issuance of
Approval and/or Permits for Business Zoned Property along the Route 48
Corridor in the Town of Southold.
BE ENACTED by the Town Board of the Town of Southold as follows:
A Local Law to Amend "Section 4. Exclusions" of the Local Law adopted on
September 1, 1998 entitled "Temporary Moratorium on the Issuance of
approvals and/or permits for Business Zoned Property along the Route 48
Corridor in the Town of Southold.
Temporary Moratorium on the Issuance of Approvals and/or Permits
for Business Zoned Property Along The Route 48 Corridor in the Town of
Southold.
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 is necessary and is an important and appropriate subject
for study in detail. This study is past due. This Local Law is intended to
preserve the status quo of the Route 48 corridor 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 amendments 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 effective date 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 the Town Board during the nine month period,
no agency, board, board officer or employee of the Town of Southold including,
but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees,
the Planning Board, or the Building Inspector(s) issuing any building permit
pursuant to any provision of the Southold Town Code, shall issue, cause to be
SEr TEMBER 15, 1998
issued or allow to be issued any approval, special exception, variance, site plan,
building permit, subdivision, or permit for any of the following property uses
listed in the following sections of the Town Code 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 from the north road edge and the south edge of Sound Avenue and
County Road 48.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) 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; and
2) parcel(s) of land currently improved with a building or buildings so long
as the application Is not: a) seeking, in whole or part, a change in the use
of the land, premises or buildings; and b) and so long as the application
does not require any applications to, or approvals, special exceptions,
variances from, the Zoning Board of Appeals of the Town of Southold.
.��0 SEPTEMBER 15, 1998
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, 274-b, and 276 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 judgment
shall not impair or invalidate the remainder of this Local Law.
Section 8. EFFECTIVE DATE
This Local Law shall take effect upon filing with the Secretary of State.
19.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
20.-Moved by Councilman Moore, seconded by Councilwoman .Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Superintendent of Highways to place a certain employee of
that Department of Workers Compensation as permitted and authorized by
Section 11 paragraph 11 .1 of the CSEA Union Contract pending the
results of a doctors appointment.
20.-Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBER -15, 1998 t 1
l
SUPERVISOR COCHRAN: That is the end of our planned resolutions. At
this time we would be very happy to entertain from any of you any of the
comments you might have in relation to Town business. Chief Boyd?
EDWARD BOYD: Madam Supervisor, members of the Town Board, my name
is Edward Boyd. I am Chief of the Southold Fire Department, and I come
before you on behalf of the Southold Town Fire Chief's Council, and all of
the firefighters in Southold Town. We are here this evening to tell this
Board how fortunate they are that our town, Southold, has not yet suffered
a fire fatality or serious injury that could be directly attributed to the
lack of the Town's failure to perform ongoing year-round fire safety
inspection at the town's many businesses, and that the related enforcement
of Fire Safety Codes, these needed inspections, and the related enforcement
are all tasks that should be performed by a Town Fire Marshall, but
Southold has not filled such a position. All of the East End towns with the
exception of Shelter Island, and Shelter Island has Fire Inspectors, which
perform the same function. I have seen the need to protect the health and
well-being of their residents and guests through the use of Town Fire
Marshalls, sometimes require more than one person to complete all the tasks
aside of the Fire Marshall's Office, and every instance there is more work
to do than the time available to do that work in. Why does anyone think
that Southold Town is different from our neighbors, and that we do not
need a Fire Marshall? It is because we have not yet had a fire tragedy in
Southold Town? Perhaps. All of us here this evening will tell you the
same. thing. The lack of an effective ongoing fire inspection program is an
invitation to disaster. Fire does not care it it is burning in Southold or
Southwold. It does not care if it is burning in, , Nyack, or New York
City. The results are the same. Pain, 'disfigurement and death are it's
victims. Our town is on the threshold of amazing growth, and our tourism
is increasing year by, year. How can we deny those people who choose to
live and visit here the basic protections afforded by a Fire Marshall. We
have heard it said that all new construction in our town is up to Code, and
that is assured by our Building Department. This is well and good, but
what happens after the issuance of a certificate of occupancy? The very
building that was constructed according to Code begins to deteriorate? Exit
lights burn out. Fire extinguishers leak and are not refilled. Stock is
piled in front of exit doors, or worse, exit doors are chained shut to solve
a security problem. These are all concerns that could and should be
addressed by a Town Fire Marshall. With regard to the safety of our fire
fighters, and the efficiency with which we do our jobs, it should be noted
that commercial establishments that use or store hazardous materials must
placard the exterior of their buildings so as to inform firefighters of the
dangers that lurk within. This is not now being done in Southold Town,
but could be enforced by a Fire Marshall. Many of our homes are located on
private roads that are not maintained by the town, and some of these
private roads are impassable for even our ambulance, not to mention fire
trucks. Section 100-235C of the Town Code requires an uncumbered assess
for emergency vehicles that is at least 15 feet in width, and fifteen feet
in height. Enforcing this provision alone will keep the Fire Marshall
occupied for many, many days each year. Our schools are presently
inspected by the Suffolk Fire Marshals, but their work load is heavy, and
is ever increasing. Our children, and our teachers deserve the protection
of our Fire Marshall, who was answerable to our Town Board, and not to
County government in Hauppauge. The list for potential tasks for
Southold Town Fire Marshall goes on and on, and it is limited only by the
scope of one's imagination. Churches, bed and breakfasts, rooming houses,
movie theatres, restaurants and bars are all places where possibility for
multiple casualties exists, and which demand ongoing inspection to insure
compliance with fire safety codes. In conclusion let me say that Southold
Town Fire Marshall is not, as some of you may have heard, anti-business.
In deed it is in the very best interest of businesses in our town, who has
to live and work in a place that is recognized for the importance of places
on the health and well being of it's residents, workers, and seasonal
guests. No one should be forced to shop, work, congregate and fight a fire .
in a building that does not meet the basic life saving standards established
by New York State, and 'the Town of Southold. A Town Fire Marshall
would assure that each of us would enjoin those levels of safety in the
conduct of our daily lives. Southold Town Fire Chiefs Council and the fire
fighters of our town, have been urging the appointment of a town Fire
Marshall for at least fifteen years. The bulk of our town, and the number
SEPTEMBER 15, 1998
of seasonal visitors has now reached a point where such an appointment is
critical. Please, do not let anyone get in the position where they can say,
told you so, after a tragedy has occurred. The time to appoint a Fire
Marshall is now, while our safety record is good, and while we can
demonstrate that Southold is a place that takes care of little problems
before they become big ones. The lives of our residents, guests, and
firefighters are in your hands. We all deserve a town fire marshal. Thank
you.
SUPERVISOR COCHRAN: Thank you, Chief Boyd. Is there anyone else
that would like to address the Town Board? Let's stay on this topic at this
point. Is there anyone else who would like to add to what Chief Boyd has
said?
WAYNE MANWARING: Wayne Manwaring, 2nd Assistant Chief from
Greenport. I agree with Mr. . Boyd. This position will assure the public
safety of those who visit or live and work in this community. I respectfully
request that you put this on the agenda, or whatever you have to do.
Thank you.
SUPERVISOR COCHRAN: Thank you for your comments. Is there anyone
else who would like to address the Town Board in relation to a fire marshal?
TIM MCGOWAN: My name is Tim McGowan. I am Chief of Mattituck Fire
Department. On behalf of Mattituck Fire Department we are also in favor of
a fire marshal for Southold Town. It is definitely needed. I had one of my
members give me this, this evening. It is out of a magazine that the
firehouses get. It is called Firehouse Magazine. It is. kind of a case
history of different flyers that are tragedies throughout the years, and all
meet up to fire prevention. In 1903, the Iroquois Theatre in Chicago,
602 people died. There was no ventilation. Exits were not marked. Exits
were blocked with debris. There were no alarms, and there were no
existing standpipes, and no sprinklers. 1911, New York City Triangle
Shirtwaist Company Factory, 146 people dead, blocked exits, doors opened
in blocked by bodies that amassed in front of the door. No exits, no
standpipes in that building. It was built fireproof, but it was
overcrowded, and the fire company was blocked from excess because of cars
in the roadway, blocking the building. Lakeview School in Ohio, 1919, 106
dead. New London School, Texas, 1928, 294 people dead. Lady of Angels,
1958, Chicago, 95 people dead. All these places there were no exist drills.
The construction was not up to fire safety code. There were no school
inspections at that time. There were no installed fire protection equipment,
and no alarms. 1919, dance hall in Louisiana, 25 dead. Glen Motion Picture
Theatre, Scotland, 70 people dead. Winter Club, Massachusetts, 198 people
dead. 1942, Coconut Grove, Boston, 491 dead. There were no rules at that
time on having combustible decorations. There were no occupancy limits,
and all the exits to these places were obstructed. After these things
happened, the NFPA, and other organizations came up with different fire
codes to go by. Doors that swing out. Everybody at this time supposed to
go to fireproof, different towns, and, then there were no inspections, etc.
Down the road in 1977, Beverly Hills Supper Club, Kentucky, 164 people
dead. No fire protection, no inspections or anything else that is leading up
to all of this. They have the codes in place but nobody is inspecting.
Nobody is taking care of it, and the building is set, it is built, and it is
checked over by the building inspector, and everything is fine at that
time, but the building inspector goes, and his job is done, so your building
is built, there is no looking at this building afterward. 1990, the Happy
Land Social Club, New York City, 87 people dead, because there was one
exit, excess occupancy, and there was no exit marked, there was
ventilation, no plan, no sprinklers, etc. These are just some of the things
that have happened over the years, the reason why we have fire codes.
wish I was a better speaker, publicly.
SUPERVISOR COCHRAN: You' are doing fine. Not everyone is like Chief
Boyd. He is an attorney. He is supposed to sound good. Just say it the
way you feel.
r_
SEPTEMBER 15, 1998
TIM MCCOWAN: These are all things that have lead up to this. I mean,
we have buildings in Mattituck right now that, you know, they are a little
shaky. They are a little on the shaky side, and it is different for us
because we train and everything, and we know what to look for, and it is
kind of hard for us to explain to laypeople. We definitely need this.
There is no doubt about it.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
Yes, sir?
THOMAS SHALVEY: My name is Thomas Shalvey. I am the Chief of the
Cutchogue Fire Department, and I am just here in support of this. I think
it is a great resolution. Chief McGowan mentioned all these other
incidences. We only have to look as close as Riverhead where a apartment
fire killed the three or four little kids with only one way out of that
building, just a couple of years ago. It is not that far away from us, if
it happened here tomorrow, and that is what we are hoping to avoid.
SUPERVISOR COCHRAN: Thank you. Anyone else rike to address the Town
Board? Now is your opportunity, in 'relation to this subject at this time. I
would like to finish this up first, then I will take the rest of you.
Anyone else? If not, we certainly thank you for coming in, Ed, and
presenting your case to the Town Board, and it will be given consideration.
I can't second guess what the outcome: will be, but it will be discussed.
EDWARD BOYD: We thank you for your attention. We have been waiting
for this for a long while, and it is very important to all of us,
firefighters, residents, and guests of the town. Thank you.
SUPERVISOR COCHRAN: Thank you, gentlemen.
ERNEST SAUER: Thank you, Supervisor Cochran, and Town Board. My
name is Ernest Sauer. .I live at 255 Wigwam Way in Southold. That is the
Nunnakoma Waters Association area. I have come to kind of open up a
subject that is a concern to us in the Nunnakoma Waters area. We have a
homeowner that is renting his home out for approximately 12 weeks a year,
that has basically opened a catering business, although his basic cover is,
well, the renters are doing it. We have had two very large weddings at our
private community over this past summer. We have asked the landlord, Mr.
Dan Shybunko, who I think it is owned by a corporate name, Geodesic
Homes, if he would not rent to people that are going to run catered affairs.
SUPERVISOR COCHRAN: They hold weddings right on the same site?
ERNEST SAUER: Right on his property. They are leasing the property
for a week, and then running a wedding, and then they are out of there.
They have been parking on the fire department's new parking lot, on
Baywater Avenue, brand new firehouse. They use that as a parking lot
for the wedding. They hire vans to bring ten or twelve people at a time
down to the wedding. All roads by us, they are private roads, but we pay
for the maintenance. It has been a great discomfort to the neighbors having
many hundreds of strangers coming through the neighborhood, spend four
hours, usually with a lot of music, good time, and the rest that goes along
with it, and then disappearing. We feel that it is an introduction, that it
is a violation of our security. It is a violation of our privacy. We ask the
Town Board, and the Town Attorney particularly, to look to see if you
can't help us out of this situation. We are probably not the only people. I
must believe that with all these beautiful homes and estates around that it
may be others that have the same concern. I had a wedding for my own
son at my own home, which is in this neighborhood. It went off beautifully.
It was my boy. I managed to hold all cars on my piece of property, because
I was blessed enough to have a large piece, and my neighbors were
informed that I was having the wedding. It was my son. Most of them were
there, and we had a good old time, and everybody left. We didn't have
breathalizers, but they all got out of town safely. I come before you,
because also Chief Boyd mentioned something that kind of tickled me a little
bit, because this home, even though it is a very huge home, five or six
bedrooms, on occasion has 100 people inside of it. We know darn well there
is no way that house, you know if Chief Boyd obviously wouldn't inspect
it, it isn't a commercial building. So, I come before you on behalf of the
414 SEPTEMBER 15, 1998
Nunnakoma Waters Association, and ask the Town Board is they would
help us look into the matter, and if you need follow-up our President is
Eleana DeReeder, her name is in the phone book, and I thank you for
your time.
SUPERVISOR COCHRAN: Thank you. Thank you for bringing it to our
attention.
COUNCILWOMAN HUSSIE: Mr. Sauer, have you made this complaint to
any of the agencies?
ERNEST SAUER: We checked with the police department to see if we
couldn't get their help, even as far as a noise ordinance. We found out
there is no noise ordinance in the Town of Southold, which we know from
watching Channel 27, also, and basically the police were of no help to us.
That's about it. The last two, three weeks ago there was a group of
people that stayed overnight after the wedding, after the vans had left,
and they were playing soccer on one of the other neighbors lawn. The guy
has a big piece of grass, so they said, hey.
COUNCILMAN MOORE: Who provides those vans, the landlord?
ERNEST SAUER: They are leased from Sunrise Van. They lease from
local business. That is fine, which we were happy to see them support
local business. The caterers, unfortunately, come from the South Fork.
The DJs from South Fork, or Freeport, or other towns west of here.
These people are not related to the owner of the house. They just rent the
place. The caterer runs in and out of the place.
SUPERVISOR COCHRAN: Do you want to set up a meeting with you and Ed
Forrester? You would come in with one of your neighbors, or friends, or
whatever. Call Greg's office, and make an appointment to come in, and we
will also have the Code Enforcement Officer there, because this shouldn't be
happening.
JIM LYNCH: Good evening. My name is Jim Lynch, and I am a neighbor of
Ernie's, and I happen to be the neighbor next door to this house, that we
are talking about. If I may, I just want to show you a map of the area.
That is me. This is the house we are talking about. I would just like to
reconfirm that it is a private community, and we pay taxes. We maintain our
own roads. We pay our own insurance, and we are really concerned about
the extra traffic in the area. We have no qualms about this fellow renting
his house, but we are upset about him renting the house to have catered
affairs, and the extra people it brings in. It brings in a bunch of
strangers to our area. This is not New York City. It is Southold. I mean
am from Nassau. I know some of you know Frank Bear. He is my
father-in-law. We still maintain the house there. I am there all year-round
now. I am retired.
COUNCILWOMAN HUSSIE: Is this the first year this has happened?
JIM LYNCH: It happened once last year, one wedding, but this year it
was two.
SUPERVISOR COCHRAN: Over what period of time? Can you give me an
idea? Have they been back to back?
JIM LYNCH: They had one in July, and one in August, and we spoke to
Dan, and you know, we would just like to know where we stand, what kind
of help can we get, and before anything gets out of proposition.
SUPERVISOR COCHRAN: As I said, would you, please, make an
appointment with the Town Attorney to come in.
JIM LYNCH: I will make it with Ernie, and I was going to get up and
speak before when the firemen were talking. I just retired. I was in New
York City many, many years, and believe me we need a watch dog.
SUPERVISOR COCHRAN: Were you a. professional fireman?
SEPTEMBER 15, 1998
JIM LYNCH: No. I was a retail businessman, and many a time they saved
many a fire from happening just by them coming in and correcting violations
that would be there unseen, or just ignored. Thank you.
SUPERVISOR COCHRAN: Thank you for your input.
RAY MATHIE: Ray Mathie. I live in the same neighborhood. I am a
retired police officer, so I check things a little deeper than most. The
wedding prior to this there was 125 people in that house. This, I believe,
topped that. Probably 150 in the house. One of the neighbors complains on
the wedding last year, that the music went on until 2:00 o'clock in the
morning. She had guests. I believed she called the neighbors, and said,
would you knock off the music, I have people that can't sleep. It is four
o'clock in the morning. Now, the Suffolk County Board of Health, like the
Nassau Board of Health, I believe, I know Nassau County, because I am a
Nassau police officer, we had two ordinances in Nassau County, I don't
know if it is under the Penal Law or not, but 11 :00 o'clock at night to 7:00
in the morning, no noise. Also, the Board of Health, there are exceptions
to that, if a person works all night, like a nurse, or a police officer, or
a fireman, he is entitled to sleep. If there is a sewer lid that is rattling
on a paved highway and keeps him awake all morning or during the day,
that is a violation. The Board of Health will see that is corrected, so the
person can sleep, that does the night work. Now, what is going on down
here this last wedding I went out to see what I could see. There was thirty
cars in the field adjacent to the new firehouse on Baywater. The
firehouse had five. The previous wedding most of them were behind the
firehouse. I called the Southold Police Department. I requested who is
allowing them to park on this property? Well, is it .on the street? No, it
is behind the firehouse, and the rest were right into' the Town property up
to the corner of Baywater. There were thirty cars there. Five in the
parking field. At the immediate neighborhood there were eighteen cars, and
one catering truck, one chef, and two or three waitresses, and bellboy. I
have photos of everything, except one exception. The photos went to be
processed. I missed the garbage part. The Town made some money. There
is 20 to 25 yellow bags stacked in the driveway. That is from this party. It
is going to open a can of worms, like one of the other gentlemen said. He
rents his home out to a wedding, cater it to. strangers. It is on the
Internet. One of the neighbors' daughter is in real estate. She checked
in Southold to see what are the rentals in Southold. The rental to this
house is00 $3,500 off season for a week, and $4,000 in the season. So,
the average person that is trying to take a vacation is not going to come
here, and. rent this house. This is a catering business that is going on,
and he is conducting it against the Vineyard Caterers down around
Jamesport and Aqueboque. This is what is going on, and this guy is
putting it in his pocket, and he is using other people to do it. He happens
to be a Mayor in one of hamlets on the north shore, a very small hamlet,
but he has no concern. We asked him at one of our meetings, what are you
going to do for us? He says, I will be judge of that. That is his attitude,
because he has looked into the background. There is nothing here to stop
him, to prevent him. He is not violating the Code, because you have no
Code to control this. What we are asking is that the Town Attorney come
up with a Code to solve this problem. Thank you very much.
SUPERVISOR COCHRAN: We have things that we go after.
COUNCILMAN MOORE: The Internet address, if the guy is advertising,
he is running a business.
RAY MATH I E: I will be back with the pictures, and I will have the
information from the Internet. I will have a printout.
COUNCILWOMAN -HUSSIE: Residential property is prohibited from carrying
on a business. That is it.
RAY MATH IE: It was inquired about, and they said that the only thing
of a residential thing in the Town of Southold is that the. .how is it
worded, five persons not related living in the same house, or some sort like
that.
COUNCILMAN MOORE: If he is advertising it as a business.
SEPTEMBER 15, 1998
RAY MATH IE: He is advertising as a catering business. He is in cahoots
with some caterer to do the weddings, and that is how he is getting this
kind of money. That is the only thing that really shows up. Years ago
when he first started off he had a ball team like the New York Giants, and
they rented the house. It was about the first in there. I think it was the
Jets. Then they came there, and they rented the house, and it was family.
It was fine. It was just kids and wives. Once in a awhile a man would show
up, because they were all training. So, we had no problem with them. This
is getting out of hand right now. Thank you very much.
SUPERVISOR COCHRAN: Thank you. Anyone else on this particular
subject who would like to address the Town Board? (No response.) If
not, is there anyone on any topic that would like to address the Town
Board?
BERNARD HEINISCH: My Name is Bernard Heinisch. I live on County
Road 48. Several months ago I presented to you people the idea of a large
sign on variances, and so on. I still see the small sign being used. Has
anything happened?
COUNCILMAN ROMANELLI: Bernie, I will take responsibility for that. I
told the Board I would take care of that problem. I would research bigger
signs, and I grant you I started to research and let the ball drop in my
court. I will take the responsibility for that. I will make you a deal. Next
meeting I will have something for you.
BERNARD HEINISCH: Thank you.
SUPERVISOR COCHRAN: Thank you, John. Is there anyone else who
would like to address the Town Board?
DONNA DZUGAS-SMITH: My name is Donna Dzugas-Smith. I live on
Tuckers Lane in Southold. Just something I would like the Town Board to
look into. I know Ms. Hussie attended an Architectural Review Committee,
and it was quite evident to her about one problem. But as an applicant
right now going through the Planning Board for a site plan, I just want to
give you a little insight into the process anyone would have to go for a
business site plan. I was glad to see Ms, Hussie there, but at that
particular meeting there was something brought up about, first of all they
are supposed be open public meetings, they always kind of look at you,
and wonder why you are there. Matter of fact whenever I go they say,
what are you doing here? You are not on the agenda today. They are very
defensive. Unlike the Planning Board they don't have a booklet. They don't
have some sort of direction. You are going in front of the Board, you are
going before a volunteer appointed board. You are going before an
Architectural Review Board, of which they don't like that. They don't like
to see you. They prefer that you remain unseen. They like your
paperwork, but they don't want your face. You try to attend the meeting
because they are reviewing your project, and you ' don't get an extremely
warm welcome, and on top of that you don't even know what their purpose
really is, and if you have attended a number of their meetings, not only
for your own project, but other projects they are looking at, you are
wondering, what is going on, and what are they actually deciding here? I
really think if you follow the Planning Board, where they have you apply,
they hand you an application, and ' you almost fall through the floor,
because it is like fifty pages. You are like, oh my God, and look and it is
only the first two pages you have to fill out. The other forty-eight it
explains the Town Code to you, it explains what you are getting yourself
into, and what is expected of you. The Architectural Review it seems to be
very. .whoever is there, whoever is present from them, I realize each one is
representing a hamlet of the town, and then you have two name guys that
are experts, or professionals, whatever you want to call them. It might be
interesting if more than Ms. Hussie attends one of these meetings, and sees
actually what is going on, so you just don't get it as if I am a bias
person, because I am in the applicant process right now. But something
that is for example needs to be corrected, . I have been through the process
where I went through a preliminary plan, and thinking that I . am being
very nice, and asking everyone's opinion first before I actually spend
money on surveys and everything, I asked them, well, what do you think
of this? First of all, they didn't like my log cabin idea. The hand crafted
logs didn't fit into the existing architecture around where I am. I have
tea- i.''_k
SEPTEMBER -15, 1998
1
brick buildings, vinyl siding, but the thing was they didn't really give you
a reason. They just said, I don't think it fits in. So, let's put you way
back. You have twenty-nine acres go in the middle of your acreage. Let's
hide this building. I am doing a one story building. Hiding my building,
and going back into a swamp is definitely hiding the building. I invited
them out to my land. I said, do you know what piece of land you are
talking about? Nobody knew. It is right around the corner from Town
Hall. Nobody knew where it was. I invited them to my land. They came to
see it. The people that represented the hamlets where very glad. They
came. They were very welcoming. They talked to my husband. They talked
to the family. They said; what a beautiful piece of property. It gets
beautiful views. We are glad to see this. Now, they knew what the were
dealing with. They were very warm, very nice. The next meeting we met
back here. About a month later, we met again, because they want me to go
back 260 feet, 250 feet, and I don't think it is that necessary especially
when the setback in that area is 60 feet, the County Road. Well, right
before handing in my application they suggested that I do an application for
the piece. Anyway, they came to my land, this the main story. They came
to my land. I invited them back. They set a date between themselves. They
were not telling me when they are going to be there. As a matter of fact it
was when you had the hearing on the moratorium, same exact time, 5:00
P.M., Tuesday. Do you know how I heard about it? A neighbor came over
and asked me for the local paper, and it was in the paper. It was before
the Planning Board got the results, before me as the applicant got the
results, it was public knowledge. Now, I think it is good to have these
committees. I think it is very good that people volunteer to be on them,
but I think they need to be watched. I think they need to be defined as to
whai their purpose is, and I think as a citizen we need to be allowed to
know what is expected, when we come before them.. I, also, don't get the
feeling that they work in conjunction with the Planning Board, if that was
what was presented in the beginning. So, I just think it is something that
the Town Board needs to address as to what the purpose of the
Architectural Review Committee, and where do they really fit in, and who
are they really working with, and working for?
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
HENRY KUHN: Henry Kuhn from Laurel. Just a quick question. I
wonder if you can give us an update on, Ms. Hussie electrification project?
haven't read anything about it in some time.
COUNCILWOMAN HUSSIE: The latest is that about five or six weeks ago
we got the results, or we got the report from Nelson, Pope and Voorhis,
the people who we had applied to have looked to see if this required a
Negative or a Positive Declaration. We have gotten the report from them. I
had put it on the agenda last week, at our last Board meeting, for us to
make a decision about what we were going to do as the next step. We did
not arrive at anything. I purposely didn't put it on again this week, but I
am going to put it on again for next week, so that we can talk about it,
and come to some sort of a decision. Actually where we are is no place
right now.
HANK HUHN: And the decision that will be made two weeks from now, or
whenever will be to either go ahead or not go ahead, or just .to study it
further?
COUNCILWOMAN HUSSIE: I don't know that it will be that cut and dry.
think we are thrown into the process by this SEQRA decision, the
environmental end of it, and that is our first decision ahead to be made
depending on how that goes. We then make the next decision, shall we go
forward, or not, and I don't know how the Board is going to go yet. So,
we have two decisions to make before we take the next step, if we are
going to take the next step.
TOWN ATTORNEY YAKABOSKI: Mr. Kuhn, there are just some legal
issues to be ironed out yet, and advise the Board on, which is the reason
on interrupted the Councilwoman before she had chance to answer some of
your questions.
HENRY KUHN: So just wait and see.
SEPTEMBER 15, 1998
COUNCILWOMAN HUSSIE: Tune in next week.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board? (No
response.) If not, I will take a motion to adjourn.
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
8:30 P.M.
Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Eliza eth A. Neville
Southold Town Clerk