HomeMy WebLinkAboutTB-09/29/1998 SEPTEMBER 29, 1998 121
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on
September 29, 1998, at the Southold Town Hall, Main Road, Southold, New
York. Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge
of Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: May I have a motion to approve 'the audit of bills
for September 29, 1998?
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $332,231 .56; General Fund
Part Town bills in the amount of $9,110.61; Community Development Fund
bills in the amount of $15,057.16; Highway Fund Whole Town bills in the
amount of $9,900.42; Highway Fund Part Town bills in the amount of
$37,602.77; Capital Projects Account bills in the amount of $88,980.00;
Mattituck Creek Stormwater Capital bills in the amount of $16,176.40;
Employee Health Benefit Plan bills in the amount of $84,598.76; Fishers
Island Ferry District bills in the amount of $25,246.48; Refuse and Garbage
District bills in the amount of $22,790.68; Southold Wastewater District
bills in the amount of $8,506.07; Fishers Island Ferry District Agency E
Trust bills in the amount of $1,171 .50.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Approval of minutes of September 15, 1998, Town
Board meeting.
Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the September 15, 1998, Town Board
meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Setting a Special Town Board meeting tomorrow at
1 :00 P.M.
Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that a Special Town Board meeting will be held at 1 :00 P.M.,
Wednesday, September 30, 1998, at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
1 SEPTEMBER 29, 1999
SUPERVISOR COCHRAN: The Special Town Board we have set for
tomorrow is in relation to the bidding on the sand. We have the opportunity
to get sand for the closure of the landfill at a lower price, so we are
trying to get all we can, and the time frame we missed by one day,
otherwise it would have been something we would take care of today, so we
will have a Special Board meeting tomorrow to take care of the sand bid.
May I have a motion to set the next regular Town Board meeting for
Tuesday, Oct 13, 1998 at 7:30?
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, October 13, 1998, at the Southold Town Hall,
Southold, New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: At this time I am presenting the Town Clerk,
according to law, a copy of the Supervisor's 1999 Town Budget, and the
Supervisor's 1999 Capital Budget. We now comply with the law. I will be
handing out a copy to all Town Board members in addition. First I would
like to present a budget message. I am pleased to submit my 1999 budget.
This budget increases the property tax-rate by 3.780. One of our priority
goals is to maintain and preserve our quality of life. The community has
supported past bond issues for farmland preservation and open space issues
in the amount of 11 million dollars over the past 15 years. The debt service
on the 1996 and 1997 authorizations account for 2'.7$- of this year's budget
increase. It is important to understand my urgency for purchasing farmland
rights and open space now. There are still many acres of farmland in the
hands of developers. We can't buy it all, but we can make a difference.
The wine industry is an important player in the farm industry, as is the
farmer. Another importance issue to land preservation is the 20 Community
Preservation legislation on the ballot for November. The second item brings .
2.31 o increase to the budget. The town is borrowing 5.8 million dollars for
capping and closing the landfill. For years Southold has delayed this
expense, but now it is catch-up time. Closing the landfill is a New York
State mandate issue. These two items of bond indebtedness totals $655,188
or a 5% increase in the budget. The budget provides a small increase for
elected officials and board people. Any increases ' for CSEA and PBA
members are through contractual bargaining agreements. This budget
continues to provide for improvements of town facilities, and provides
adequate park and recreational opportunities for all. As you may or not be
aware, we are in the process of purchasing the park across the way from
Tasker. Park, which also belongs to the Rich family, and I would like to
think that this Board, and they have supported planning for the future,
not just. what. our needs are today, so hopefully that will take care of us
for a bit of a time. Support of senior services delivered through our Human
Resource Center is provided for all. In addition; more services will be
provided by the new MetLife facility, opening on Thursday. We will
continue to look for ways to enhance public safety efforts through our
Police and Building Department, and for our Highway Department to
maintain our roadways--keeping them open, safe and in good repair. We
also continue to investigate new sources of revenue. This year the Board
requested a SMART report by the State Comptroller's Office. This report
is an analysis of department fees. The draft report is under review by the
State and will be available in October, Hopefully, the report will indicate
additional avenues for new revenues. With regard to personnel requests, 3
out of 15 requested were placed in the budget. One building inspector to
allow for fire inspection duties, one scale operator, and one diesel
mechanic. . There is a need for additional help in other departments. As has
been the Town's policy for the past several years, my budget proposal
appropriates 50 0 of the anticipated fund balance at year's end. I look
forward to discussing this budget proposal in further detail with the Town
Board and our department heads. I have scheduled the first budget work
session for October 6th, and we will continue from there. A preliminary
budget must be adopted by the Town Board by October 23 and a public
hearing on the preliminary budget will be held on November 5. The final
budget must be adopted by November 20. Respectively submitted, Jean
Cochran, Supervisor.
SEPTEMBER 29, 1998
123
I . REPORTS.
SUPERVISOR COCHRAN: As you know we receive reports from both
committees and department heads, so that the Town Board is kept informed
on the different workings of government here in Southold. They are public
information. They are available from the Town Clerk's Office, and we would
be very happy to share any of it with you if you request.
1 . Southold Town Board of Trustee Monthly Report for August, 1998.
II . PUBLIC NOTICES.
SUPERVISOR COCHRAN: We receive Public Notices which give us
notification of different projects that are taking place in relation to the
Department of Environment Conservation, or the U.S. Corp of Engineers.
1 . New York State Department of Environmental Conservation, Notice
of Complete Application of Walter and Mildred Sibernagel to construct an
addition to a single family dwelling and a septic system 33 feet from the
tidal wetland boundary on Bridge Lane, Cutchogue. Written comments by
October 9, 1998.
2. U. S. Army Corps of Engineers, N.Y. District, Notice of
application of Peter Izzo and Arnold Blair for a permit to dredge with ten
years maintenance and upland disposal in Horseshoe Cove, Great Peconic
Bay, Cutchogue, Town of Southold. , Written comments . to be received by
October 16, 1998.
Ill . COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we had a letter from Secretary
of State Sandy Treadwell thanking us for our efforts to help the
residents with the erosion problems at Mattituck Inlet, Goldsmith Inlet, and
Kenny's Beach, a letter to myself and the Town Board for Community
Action of Southold Town, a thank you for our support in the funding that
we gave them, and a letter from the Cutchogue Fire Department in relation
to defibrillators, which are in the budget. We are in the budget to
purchase three more, which would then give us adequate equipment to fully
protect the entire township, rather than selected areas.
1 . Alexander F. Treadwell, Secretary of State, thanking Supervisor
Cochran for helping residents with erosion problems at Mattituck Inlet,
Goldsmith Inlet and Kenney's Beach.
2. Community Action of Southold Town thanking Supervisor Cochran for
her support.
3. Cutchogue Fire District to Town Board and Supervisor Cochran in
regard to defibrillator.
IV. PUBLIC HEARINGS.
1 . 5:00 P.M. on a proposed "Local Law in Relation to Senior Citizen
Exemption".
2. 5:05 P.M. on proposed acquisition of the Fitzgerald property,
SCTM #1000-06-04-011 & 1000-06-08-006.
3. 5:10 P.M. on a proposed "Local Law in Relation to Non-Commercial
Scallop Season".
4. 5:15 P.M. on a proposed "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".
5. 5:20 P.M., on a proposed "Local Law in Relation to Amending Section
4 Exclusions of the Local Law Adopted on September 5, 1998 entitled
"Temporary Moratorium on the Issuance of Approvals and/or Permits on
Business Zoned Along the Route 48 Corridor in the Town of Southold".
2 SEPTEMBER 29, 1998
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy that
prior to the adoption of any resolutions we would be very happy to take
your input in relation to any of the resolutions printed on the agenda.
Later on after the resolutions are passed time is set aside for you to talk
to the Town Board on any Town Board business that you would like to
bring to our attention. At this time, is there anyone that would like to
talk to the Town Board or share something with us in relation to the
printed resolutions? Mr. Carlin?
FRANK CARLIN: Frank Carlin, Laurel. Number 16, how much is that
mixer going to be?
COUNCILWOMAN HUSSIE: Eight thousand .dollars.
FRANK CARLIN: Number 22, determine that a "Local Law in' Relation to
Senior Citizen Exemption" shall not have no significant effect on the
environment. What can it have on the environment? What I figured out it-
might be, it might be that -maybe -if you qualified for this here exemption
maybe they have to have their well checked for contamination.
SUPERVISOR COCHRAN: What it is, when your whole SEQRA process came
out, towns, as did Southold, did . SEQRA practically on everything,
environmental, economic kind of investigation, and we kind of have gotten
away from it, so we are trying to go back and do our SEQRA as we should.
The truck we are buying, we should be doing SEQRA. SEQRA is done on
almost every action that the Town Board takes. This is one of those
actions.
FRANK CARLIN: I see you got some new furniture up there. It really
looks nice.
SUPERVISOR COCHRAN: That was donated to us, and they donated six,
but I know where two more are so we are going to try to get the two more,and we will still utilize the chairs we are sitting in presently.
FRANK CARLIN: I thought it was furniture Frank Murphy's put down the
cellar.
SUPERVISOR COCHRAN: No, that is probably still in the cellar. That is
probably still down there, Frank. No, every once in awhile people are
kind enough to donate to us things that we would like to afford, but we
have priorities. I understand they are thousand dollar chairs, a thousand
dollars a piece for free. We are happy to get them.
FRANK CARLIN: I remember that. It was sad they were put in the cellar.
SUPERVISOR COCHRAN: We could write a book, Frank. Anyone else like
to address the Town Board in relation to any of the resolutions? (No
response.) If not, number one.
1 .-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
designates the following houses in Southold Town as a Southold Town
Landmark, all in accordance with the recommendation for designation by the
Southold Town Landmark Preservation Commission, and acceptance of
designation by property owners:
Storrs/Lester House
Calves Neck Road, Southold
Theodore James House
Indian Neck Lane, Peconic
William Asip House
Bridge Lane, Cutchogue
The Cosden Estate Historic District
which encompasses the Greene, Ernest
and Tate House, Mt. Beulah Avenue, Southold
SEPTEMBER 29, 199:8 125
.. '.r :�',1'....
1 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
2•-Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 1 :00
P.M., Wednesday, September 30, 1998, at the Southold Town Hall, as the
time and place for a Special Meeting of the Southold Town Board, for the
purpose of considering and voting upon the award of bids for sand and
rental of D-8 Bulldozer for the Landfill, and any other business that may
property come before this meeting.
2•-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I think everybody is full of vinegar today,
becF.use we had a long, long day. We had some really good conversations on
different business that is before the Town Board, so I think we are just
beginning to wind down a little bit, but some of it is still hanging on here.
3---Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Town Clerk to advertise for bids for the following items for
1999:
Milk for the Human Resource Center
Food for the Human Resource Center
Police Department Uniform Clothing
Cleaning Uniforms of the Members of the Police Department
Gasoline for Town Vehicles
Heating Fuel Oil for Town Buildings
Diesel Fuel Oil for Highway Department and Disposal Area
Removal and Disposal of Household Hazardous Waste from
Collection Center
Removal of Scrap Tires from Disposal Area
Removal of Scrap Metal from Disposal Area
Town Yellow Garbage Bags
3.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
4.- Moved by Councilman Murphy, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 29th day of September,
1998, a Local Law entitled, "A Local Law in Relation to Stop Signs at
Meadow Lane and Azalea Road; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets
8:00 P.M., October 13, 1998 as the time and place for a public hearing on
this Local Law, which reads as follows:
A Local Law in Relation to Stop Signs on Meadow Lane and Azalea Road
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1 . Article III, Section 92-30 (Stop intersections with stop signs)
is hereby amended by adding thereto the following:
Stop Sign On Direction of Travel At Intersection Location
With (Hamlet)
Meadow Lane East Cardinal Drive Mattituck
Azalea Road West Cardinal Drive Mattituck
II . This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline indicates additions.
4.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
1 2 6 SEPTEMBER 29, 1999
5.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, the Town of Southold has hereby determined that certain
work, as described in the State assistance application and any amendments
thereof, herein called the "Project" is desirable and in the public
interest; and
WHEREAS, Title 5 of Article 54 and Title 4 of Article 56 of the
Environmental Conservation Law authorized State assistance payments to
municipalities for closure of municipal landfills by means of a written
agreement and the Town of Southold deems it to be in the public interest
and benefit under this law to apply therewith; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran as the official
representative to act in connection with any application between the Town
of Southold and.;, the. State, and to provide such additional information as
may be required; and that one (1) certified copy of this resolution be
prepared and sent to the Director, Division of Solid E Hazardous Materials,
-New York State Department of Environmental Conservation, 50 Wolf Road,
Albany, New York 12233-7250, together with the application; and that this
resolutions shall take effect immediately.
5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
:Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
6.- Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to sign a partnership
agreement form between the Town of Southold, the U.S. fish and Wildlife
Service, the County of Suffolk, and Ducks Unlimited, as part of the Orient
Point Grassland Restoration Project.
6.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
7.- Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to sign the 1999 DFY
Program Application for the Southold Town Juvenile Aid Bureau, in the
amount of $31,635.00.
7•- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
8•- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby requests
the Suffolk County Department of Public Works to conduct a traffic survey
on County Road 48, Peconic, to consider the installation of "No Stopping At
Any Time" signs from the easterly right-of-way of Henry's Lane east along
the northerly right of way of Route 48 a distance of 250 feet.
8.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie;
Supervisor Cochran.
This resolution was duly ADOPTED.
9.- Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Michael Fouchet, from the Suffolk County Department of Civil Service
Certification of Eligibles, to the position of Scale Operator, effective
November 1, 1998, at a salary of $27,144.00 per annum..
9.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBER 29, 1998 127
10.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the closure of Case's Lane, Cutchogue, on Saturday, October 3,
1998, between the Village Green and the Library (with the road blocks to
be placed so as not to block the entire Library parking lot and continue
south to the east end of the Village Green to allow access to all homes from
the other end of Case's Lane) between 9:00 A.M. and 5:00 P.M., as a
safety precaution during the Annual Harvest Fair to be held by the
Mattituck Lioness Club on the Village Green, Main Road, Cutchogue, New
York, provided they file with the Town Clerk a One Million Dollar
Certificate of Liability Insurance naming the Town of Southold as an
addition insured.
10.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
11 .- Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
Revenues
A.2705/40 Gifts E Donations
Other Donations $. 500.00
Appropriations
A.7110.4.100.100 Parks, 'C.E.
Supplies 8 Materials
Miscellaneous Supplies $ 500.00
11 .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
_ 12.- Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Kirsten Unfried as a Technician under the Fishers Island BTI
Mosquito Control Program, effective immediately, at a salary of $12.00 per
hour.
12.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
13.- Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute any and all
necessary documents, including a waiver for a sixty (60) day comment
period, for consideration of the nomination of the Fort Corchaug
Archaeological Site for designation as a National Historic Landmark.
13.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
14.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Southold PTA to hold a Fun Run on Saturday, October
3, 1998, commencing at 8:00 A.M. (1 .5 mile) and 8:45 A.M. 5K, using the
4 following Town Roads, provided they file with the Town Clerk a One Million
Dollar Certificate of Liability Insurance naming the Town .of Southold as an
additional insured: Main Bayview Road, Baywater Road, Nakomis
Road, and Minnehaha Boulevard, Southold.
14.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
12 8 ' SEPTEMBER 29, 1998'
15.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the establishment of the following Capital Project in the 1998
Capital Project: '
Capital Project Name: Assessors Filing System
Financing Method: Transfer from General Fund Whole Town
Budget: Revenues
H.5301 .40 Assessors Filing System $ 8,530.00
Appropriations
H.1355.2.100.100 Assessors
Capital Outlay
Supplies E Materials -
F i l i ng System $ 8,530.00
15.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
16.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold authorizes the
purchase of one (1) Gehl 7210 mixer wagon from Marshall Machinery of
Honesdale, Pennsylvania at a cost not to exceed $8,000.00, plus
approximately o500.00 shipping, for use with the Ag Bag compost system.
COUNCILWOMAN HUSS(E: I am sure that many of you are as interested in
all this machinery up at the Landfill as I am, so this mixer machine is the
thing that is going to put the leaves, and other stuff that we are allowed
to compost, yard waste, that we can compost into those long sausage
casings that the Ag Bag system has, and it will speed that process up..
16.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
17.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Solid Waste Management District 1998 budget as follows:
To:
SR 8160.2.500.600 Misc. Sanitation Equipment $ 6,000.00
SR 8160.2.500.600 Misc, Sanitation Equipment $ 1,000,00
From
SR 8160.4.100.60 Encapsulator Maintenance $ 6,000.00
SR 8160.4.400.670 Mack Quarry Truck Repairs $ 1,000.00
17.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
18.- Moved by Justice Evans, seconded by Councilwoman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Douglas Murphy as a Member of the Southold Town Transportation
Committee to fill the vacancy created by the resignation of Barbara
Michelson, term to expire on April 5, 1999.
18.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED..
19.- Moved by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
the following individual as members of the Southold Town Conservation
Advisory Council. effective immediately, for a two (2) year term of office to
expire June 18, 2000; Scott A. Hilary, Mary Griffith, and Richard D. Smith.
19.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
129
SEPTEMBER 29, 1998
20.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Scott A. Hilary as Chairperson of the Southold Town Conservation Advisory
Council, effective immediately, through June 18, 2000.
20•-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
21 .-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readvertise for resumes for a
member of the Landmark Preservation Commission.
21 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
22•-Moved by 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 any and all
necessary documents with regard to the 'contract with Dvirka 8
Bartilucci for the landfill closure.
22.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We will adjourn for a public hearing scheduled
for five o'clock.
Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that a recess be called at this time, 5:00 P. M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 5:35 P.M.
SUPERVISOR COCHRAN: I would like to set the date of our next Board
meeting, the 13th, public hearings in relation to these two laws on the
moratorium, which we had to postpone.
23.- Moved by Supervisor Cochran, seconded by Councilman Romanelli, .
WHEREAS, there was presented to the Town Board on the 29th 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, now therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05
P.M., Tuesday, October 13, 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:
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 CR 48 East to
the Intersection of SR 25 and Manhasset Ave. 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
130
SEPTEMBER 29, 1999
the placement of such businesses. To insure that economic activity takes place
in desirable locations thereby maximizing existing character of the Town's
c
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
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
SEPTEMBER 29, 1998 131
Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15) and (B)
and (C) governing the Light Industrial District.
Section 3. DEFINI i iON 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.
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.
1 SEPTEMBER 29, 1998
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
F
This Local Law shall take effect immediately upon filing with the Secretary
of State.
23.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore; Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
24.- Moved by Supervisor Cochran, seconded by Councilman Romanelli,
WHEREAS, there was presented to the Town Board on the 29th 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 County, Route 48 Corridor in
the Town of Southold", now, therefore, be it
RESOLVED that: the Town Board of the Town of Southold hereby set 8:10
P.M., Tuesday, October 13, 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:
A Local Law Amending Section 4 of the Local Law entitled "A Local Law in
Relation to Temporary Moratorium on the Issuance of Approvals/or Permits
for Business Zoned Property Along The Route 48 Corridor in the Town of
Southold" adopted by the Town Board of the Town of Southold on
September 1, 1998.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
SEPTEMBER 29, 1998 133
Section 4. EXCLUSIONS is hereby amended as follows:
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 lone
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.
II . This Local Law shall take effect upon filing with the Secretary of
Stata.
* Underline represents additions
Strikethrough represents deletions
24.Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: As a result of the hearing on a "Local Law in
Relation to Senior Citizens' Exemption"?
25.-Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby
determines that the proposed Local Law entitled "A Local Law in Relation to
Senior Citizen Exemption" is not an "action" as defined by 6 NYCRR 617
ET SEQ, and therefore, an environmental review is not required.
25.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
26.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie,
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 Senior Citizen Exemptions", and
WHEREAS, a public hearing was held on this Local Law on the 29th
day of September, 1998, at which time all interested persons were given an
opportunity to be heard thereon; now, therefore, be it
RESOLVED that the Town Board .hereby enacts Local Law No. 16 of 1998,
which reads as follows:
LOCAL LAW NO. 16 - 1998
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:
13 SEPTEMBER 29, 1998
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:
Extent of Exemption
Income . %
Up to $19,499 50%
$19,500 to $20,499 45%
20,500 to . 91,499 40%
W-1,500 to $?9,499 35%
,$?2„500 to $23,3399 30%
$23,400 to $24,299, 25%
$24,300 to $25.199 20%
$25 200 to $26.092 15%
$26100 to $26,ma 10%
3$?7.000 to$27,899 5%
kip'4641-8749,9700- 50%
$48&,, &-$-$G,488-45%
Mf 9;6eG-te-$24, 40%
tc-$2't-,499-135%
-$2.1,60G te42-2',399-30%
,A-ta�"z ,�299.25%
�2938E3 to�-2#,-499 20%
12#,20f�to-$ ,f)90.15%
,1WO 1- $225;-999'10%
t260f3'tv-$28,-899 5%
II . This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Strikethrough represents deletions
26.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran:
This resolution was duly ADOPTED.
27.- Moved by Justice Evans, seconded by Supervisor Cochran, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is hereby
given that the Southold Town Board, in conducting an uncoordinated review .
of this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Question of the acceptance of an offer of
property by Janet Fitzgerald, for acquisition by the Town of Southold
under the Open Space Preservation program, located at Central Avenue,
Fishers Island, New York, SCTM Nos. 1000-06011 8 1000-06-08-006
comprising approximately 1 .5 acres at a cost of $378,000.00. The proposal .
has been determined not to have a significant effect on the 'environment
because an Environmental Assessment form has been submitted and reviewed
and the Town Board has concluded that no significant adverse effect to the
environment is likely to occur should the proposal be implemented as
planned.
27.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli,' Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor. Cochran.
This resolution was duly ADOPTED.
SEtPTEMBER 29, 1998 13 5
28.-Moved by Justice Evans, seconded by Councilman Romanelli;
WHEREAS, Janet Fitzgerald has offered to sell her property to the
Town of Southold under the Open Space Preservation Program; and
WHEREAS, the Town Board of the Town of Southold held a public
hearing on the question of the acquisition of the Fitzgerald property on
the 29th day of September, 1998, pursuant to the provisions of Chapter
59, Open Space Preservation, of the Code of the Town of Southold, at
which time all interested persons were given an opportunity to be heard;
and
WHEREAS, the Town Board deems it in the public interest that the Town
of Southold acquire the Fitzgerald property, subject to the Town
receiving an irrevocable easement or covenant from the Island Peoples
Project to assure access to the adjoining beach; now, therefore, be it
RESOLVED that the Town Board hereby elects to purchase the property
of Janet Fitzgerald, at a cost of $378,000.00, described as follows:
1 . SCTM #1000-06-04-011, comprising approximately .65 acre, located
on the east side of Central Avenue, 400 ft. south of Madeline Avenue,
Fishers Island, New York.
2. SCTM #1000-06-08-006, comprising .85 acre, located on the west
side of Central Avenue, 150 feet south of Madeline Avenue Fishers Island,
New York.
All in accordance with the approval of the Town Attorney.
28.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: This is to do SEQRA. We will take a vote on the
SEQRA part of the scallop change in the scallop law to non-commercial
scallop season. Just the SEQRA, issuing a Negative Declaration.
29.-Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold is considering
amending the Local Law in relation to the non-commercial scallop season; and
WHEREAS, this is an unlisted action pursuant to 6 NYCRR 617 ET SEQ;
WHEREAS, a Short Environmental Assessment Form has been completed
which shows a benefit to the environment; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby
determines that this action will not have an adverse effect on the
environment, and therefore is issuing a Negative Declaration.
29.-Vote of the Town Board: ' Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans. No: Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: It passed with four votes with the Board issuing
a Negative Declaration. Now, the next is the passing of the Law itself.
30.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie,
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 Non-Commercial Scallop Season", and
WHEREAS, a public hearing was held on this Local Law on the 29th
day of September, 1998, at which time all interested persons were given an
opportunity to be heard thereon; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 17 of 1998,
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 an individual
or per boat during the non-commercial scallop season.
B. During the non-commercial scallop season, not more than
one-half (112) bushel of scallops may be taken from town
waters in any one (1) day by hand or with-a scalp net.
II .This local law shall take effect upon filing with the Secretary of State.
* Underline represents additions
Strikethrough represents deletions
1' 3 6 SEPTEMBER 29, 1998
30.-Vote of the Town Board: No: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was LOST.
SUPERVISOR COCHRAN: The ' law will remain the same for the present
time, and it will allow us time to perhaps between now and then come up
with a better solution.
COUNCILWOMAN HUSSIE: I was very interested in all the comments from
both sides of the room. They were things that I had never even considered
before. They made sense.
SUPERVISOR COCHRAN: They held water. Okay, thank you for joining
us. At this time I would like to entertain any comments, anything anyone
from the audience would like to share with the Board in relation to Town
business. We would be very happy to have you present it at this time.
Bernie?
BERNARD HEINISCH: My name is Bernard Heinisch. I live on County
Road 48. 1 have several items I would like to discuss. One is your bidding
procedure. At the present time you are biding for 75,000 cubic yards of fill
material to be used at the dump, yet you are only allowing five days. I
know that the law states that a minimum of five days public notice, but why
don't you do yourself and the rest of the people justice in allowing more
time? Once this public notice hits Brown's newspapers, it is then delivered
to various contractors. You really don't give them any time to pick up the
bid specifications, and submit a bid. With this large industrial complex in
Riverhead now closing I believe that you are going to find your limitation
on what type of bankrun is now available. I know that your bid opening
is tomorrow, but perhaps after you look at the bids you might want to
rebid it, and give it to a longer time span. It isn't that you need this
material Thursday, next week. You need it in due time. I also realize that
the State and the Federal government also ships on that Landfill closure,
,but this is still dollars, and it is lot of dollars. The other item I would
like to bring up, at the present time at the Landfill if you are a
contractor from out of town, and you are doing a cesspool or otherwise,
and you do not have a Town sticker, you are forbidden to dump that
material at the dump. This material can be used for landfill. I see no
reason in the world why you do not eliminate this one procedure. Allow
anyone to dump, usable fill material, regardless where they come from. It is
the right price. It is for nothing. I don't see how you can lose. Is there
any comments on that?.
COUNCILWOMAN HUSSIE: The only comment I will make, Mr. Heinisch,
is concerning the sand bid. I know that we were hoping that maybe we
would get an interesting number from the company there in Riverhead. At
the time that we had this bid going out the situation there had not been
stopped, and as it stands now we may or may not, we are not obliged to
accept these bids. We will open them. We will look at them tomorrow. We
will make the decision then given all the facts.
BERNARD HEINISCH: My other question 'is, are these trucks weighed when
they come in?
COUNCILWOMAN HUSSIE: Yes. They are weighted here at our place. They
don't have a scale. Well, if we were going to do the Riverhead thing, they
don't have a scale over there.
BERNARD HEINISCH: The other item I have, some our neighbors have
sent a letter of protest to Mr. Forrester regarding the local irrigation
that is just opening up an irrigation business. We want a clarification of
zone. Now, understand he is given a notice to the .Board of Zoning, and
the Planning Board, but he never notifies those that write to him, and in
all courtesy I think that the people that write him should be notified of
what his decision is when they send him a letter. I wish you would look
into this. Thank you.
SUPERVISOR COCHRAN: Thank you, Bernie. Mr. Carlin?
SEPTEMBER 29, 1998 1. 37
FRANK CARLIN: Good evening, ladies and gentlemen. Frank Carlin.
Councilwoman Hussie, I imagine in the future down the line you will have a
public hearing on this so called pool, right? A month ago I was here about
a problem I had the scale at the landfill being overweight. I sound like I
am trying to be a nuisance here, but there has got to be a resolve one way
or another. What did you come up with to solve this problem that we all
have here?
COUNCILWOMAN HUSSIE: As I mentioned to you one of the times that you
brought up the problem, it is not my .decision alone, and so I brought it
before the Board. I gave them the cost. I gave the good and bad. The
good being that people with odd sized things might not be overcharged, if
indeed we had a scale. There seemed to more bads than good. Number
one was the expense.. Another was the possible misuse of this scale,
because it is calibrated lower, and after some discussion the Board decided
that it was a road they did not want to pursue. So, we will not be buying
a scale for purposes of weighing things less than 20 pound increments.
FRANK CARLIN: I can understand that, Councilwoman Hussie. I am a
reasonable man. If it is a problem getting a small scale which I understand
you have to get approved by the State, and all that. I go along with that.
You going to sit there, and tell me. .let this continue on, letting the
people being overcharged, and don't do nothing about it. I don't buy
that.
COUNCILWOMAN HUSSIE: I am not going to sit here and tell you that. .
FRANK CARLIN: That is just what you told me.
COUNCILWOMAN HUSSIE: Sometimes there is not a solution that is either
black or white, and what we really are in here is this gray area. I have
been in the same boat that you have been in, of being what I considered
overcharged for a piece of aluminum, so I understand your frustration, and
I went around and talked about it for weeks, because I just could not
understand how this antennae, that I could pick up with one hand, could
possibly cost me $4.00 to get rid of. On the other hand I know that I
couldn't put the antennae in a yellow bag. I paid more than double. I
agree it is a problem. A scale does not appear to be the solution. I don't
know what the solution is.
FRANK CARLIN: I said I was going to come up with two food for thoughts
in a little awhile, something to think about. Maybe you can resolve your
problem. Anyway, in February 11th of 1993, in the Suffolk Times, dump
scale discrepancies detected. Remember that one? You were on the Board
then.
COUNCILWOMAN HUSSIE: I remember.
FRANK CARLIN: I am not going to read through the whole thing, but I am
going to read you two articles here. Monday an empty truck entered the
landfill, dumped nothing, and was charged for 40 pounds, $1 .20. Sounds
like me. Tuesday, a truck offloaded a hundred pounds of factory packed
line, and it was charged 460 pounds, $4.80. It should have been $3.00.
Maybe this came back to haunt you.
COUNCILWOMAN HUSSIE: Was there a follow-up article. No, it is not
haunting me.
FRANK CARLIN: Yes, there was a follow-up article. They checked out the
scales from the County. County Executive Gafney's Office got involved
with it, which I am going to pretty soon going to bring him in on it, since
you can't do anything about it. You can't dance around the bush with the
music. You got to resolve this problem. If I was overcharged $.99 then the
other people are being overcharged $.99 for years, or maybe I don't know
how long. I. am surprised Suffolk Times didn't pick up on my, issue like
they did back in 1993. So, perhaps my name ain't Frank Carlin, so the
$.99 doesn't mean nothing. Anyway let me continue. Oh, incidentally you
mentioned the last time I was here that the scale gets calibrated, you
think, every three months. It gets calibrated once a year.
1 SEPTEMBER 29, 1998
COUNCILMAN ROMANELLI : Yes, once a year.
FRANK CARLIN: It is once a year as of Suffolk County Weights and
Measures. If you want the man's name, I will tell you who is in charge of it.
COUNCILWOMAN HUSSIE: Mr. Conway, George Conway.
COUNCILMAN ROMANELLI : You should state for the record that it is
tested once a year, and it has passed. Just so the people know that it is
not out of whack,. and everybody is getting overcharged.
FRANK CARLI_N:. This is not my problem! here. There are two ways you
can resolve this problem, I think. You can't have a scale, and if you want
to prevent this from . continuing on, having, people being overcharged,
double weight on small amounts of weight, the first fifty pounds is free of
charge. To make it fair' to the .carters. They also should be deduced on
there, gross weight. Option number two, the first one hundred pounds
half price, instead of 4.5� a pound, it is 2.254 a pound. Also, carters
get the same. If you can't resolve it- some other way, then try this one, or
number one. Don't say yellow bags. Can't use yellow bags. It says plastics
on there, and.' cardboard. Can't use yellow bags to get rid of this stuff.
Bill, you look kind of?
COUNCILMAN MOORE: I am intrigued by the thinking process.
COUNCILWOMAN HUSSIE: I tell you I think immediately about those free
fifty pounds, it is never going to cut the mustard, because everyone is
going to come in with anything and everything including garbage, only it is
going to be a shopping bag instead of a yellow bag. You are free fifty
pounds?
FRANK CARLIN: I wasn't bringing in garbage, though. I was bringing in
recyclables.
COUNCILWOMAN HUSSIE: I would feel much better if you would kind of
give this burden of this situation to the entire Board.
FRANK CARLIN: It is not only up to you to make the decision. It is up to
the entire Town Board.
COUNCILMAN ROMANELLI : We know our scale is tested once a year, and
we are going by your word that your scale said so much. Why don't we
have your scale tested by Weights and Measures, and see how accurate
yours is? We are going by hearsay here.
SUPERVISOR COCHRAN: Let's not get out of hand here.
FRANK CARLIN: Let me tell you one hint about weighing something. I was
told about this from a professional, how to check a small amount on a scale,
small scale. I couldn't believe it when he told me this. The best thing to
use to check a small scale for calibration is one pound brick of butter.
SUPERVISOR COCHRAN: That is pretty right on as a pound. I mean, you
say you are going to buy a pound of coffee, but it is only 13 ounces now
days.
FRANK CARLIN: I was very surprised at that. That's all for. you,
Councilwoman Hussie. Now I've got one for Councilman Moore. I read in
the paper last. week you had in there about amendments in the
Traveler-Watchman, and you mentioned the fence in there, and you
mentioned a shed. I get down below, and I see children's swing sets. I
couldn't even believe it that they would print that in the paper for a
permit to have a . mailbox. You know, how about a birdhouse. How about a
flag pole, do you need that, too?
SEPTEMBER 29, 199'8
COUNCILMAN MOORE: The logical. carried to extreme, the way our Code
defines structures.
FRANK CARLIN: It has nothing to do with structures.
COUNCILMAN MOORE: Let me finish what we were going to talk about this
evening. I wanted to eliminate the necessity of the building permits for
all kinds of nonsense structures. I wasn't picking fences. Those are by
way of example. The way our Code presently requires it, if you do a piece
of sculpture, a flag pole, in theory, a mailbox, or a statute, or anything,
the way our Code reads you would need a building permit for it. That's
ridiculous. So, one of my recommendations to the Board is I brought up
two weeks ago, and I am working on drafting some legislation for it, is to
look -at the New York State Uniform Building Code. It has the criteria which
building permits are required, and their specific exemption on which you
don't need building department for, which go far beyond these nonsense
little examples, but would allow things like changing .windows in your
house. If you have a two by four window, and one of those three by six
window, ask the Building Department they will tell you that a two by four,
three by six window requires a building permit. The proposal I have got
for the Board to consider is to say, alterations, nothing to do with
structural changes, small sheds of one hundred square feet, all of that
stuff, if the Board went along with that, they would no longer require
building permits, any of that sort.
FRANK CARLIN: What are you waiting for?
COUNCILMAN MOORE: I have to draft a law. I am working on it.
SUPERVISOR COCHRAN: He is working on the law now, Frank.
FRANK CARLIN: For an example, when you get to a mailbox, you are
dealing with Federal government now.
COUNCILMAN MOORE: I am not saying you require it. I am saying, the
way our .Code presently reads. We have a case involving the Town right
now for a statue of a heron. By our Zoning definition it is a structure.
FRANK CARLIN: Back 1972, there was a law passed that after 1972. any
motorized mail delivery will be curbside, not delivered to the house. Now
I come in Southold, and I want to build a new house. Follow me what I am
saying. Permit required. I go down, and get my permit, and like I waited
for my fence, probably nine days, or two weeks. So, I can't get my mail
delivered for two or three weeks, or maybe a month, because this is the
mailbox. That is how you get yourself in trouble.
COUNCILMAN MOORE: Exactly, and my point is the way the law is
presently written you could interpret it to require a permit for a mailbox.
(tape change) I got a building permit for that. It is ridiculous. We are in
agreement, complete agreement.
FRANK CARLIN: Some of the things on the Zoning Code you should have,
and you don't have. Like you should have sound ordinance code. At the
Iasi Town Board meeting, the last time here, I wasn't here, but I know
what went on. There was sound mentioned in there. There is no ordinance
on that. That is something you have in there. You should have and you
don't. You don't have really anything on animals. Only thing you have on
animals is a dog, or a cat, nothing else. You have no control. Those are
the things you should focus on, things like that. Like I will give you
example, some years back my neighbors had three pigs. They got lose at
night. I woke up in the morning, and my whole lawn was a mess like you
took a plow into it. Couldn't do nothing about it, because there was no
ordinance on it. So, if somebody's chickens gets out, and comes around and
eats. up your flowers. There is no ordinance on it.. There are other things
you got to focus on, instead of worrying about birdbaths, or replacing a
fence like I went through,, stuff like that. I want to suggest this one more
time, and I say it the way it is, believe me. That's the way 'I am. Take the
184 page zoning book you got there, throw it out that door, and start from
scratch. Come up with something reasonable and fair for everybody, and
the Town Board. I want to say one more thing, and then I should wind it
140 SEPTE&JiBER 29, 1998
up. I want to bring up an example here. Madame Supervisor, you will
remember this back in 1968. You will remember this one. We had a Judge on
this Board here named Judge Tuthil.l. Remember him? We need a couple of
street lights at that time in Mattituck in an area. So, I called him up.
Judge, we are having a problem here. Would you look into maybe giving us
a couple of street lights. he said, okay, Frank. I believe he was 93 years
old. Did he pass away this year? I believe he did. A fine man.
SUPERVISOR COCHRAN: I know he was elderly. That was really before
my time, Frank.
FRANK CARLIN: It was? This is a true story. I called him, and he said,
we will look into it, Frank. The next day somebody called me up, then
there was a fellow walking around looking up at the utility poles here. A
week later he called, me up, and said, Frank, we are going to install three
street lights, if that isn't enough call me up and let me know. That's how
we operated in those days. There is no public hearing, no resolutions. It
was done, and it was over with, none of this big deal. 1 tell you.
SUPERVISOR COCHRAN: You would like to see us go back to that? Those
were the good old days, and those were the back room days, and we don't
like to see government that way today, Frank, and there are so many laws
and restrictions. I do agree with that. Too many laws govern our lives.
FRANK CARLIN: Here's the Zoning Code we had then, six pages, but we
survived. The town was beautiful. We survived from it. Now we have 184
pages, nobody knows what is in there.
SUPERVISOR COCHRAN: Yes, I have a copy. Frank, I would say we agree
with you in relation to the Code. Frank, the Code is not in the best shape.
FRANK CARLIN: If you need help I will volunteer to help you make one
up.
SUPERVISOR COCHRAN: We will really be in trouble, Frank.
FRANK CARLIN: I will volunteer to help sit in on any Board, Town Board
member, or whatever you want.
SUPERVISOR COCHRAN: Frank, let me tell you. - The other day my
husband, when we' put a deck on the back of the house we moved the metal
entryway for the cellar, a bilko door, and it has been sitting there about
five years, and Pep 'says, I really should get another entry into the cellar,
besides the inside entry. We are replacing a door to the cellar that was an
original part of my CO and so .forth. I have got to pay $75.00 for the
permit. Now, I can't see $75.00 for that permit. I really can't, but I paid
it. My point is, there is many things in the Code and that is what Bill is
working on right now. The way the Code reads some of these little tiny
things we could charge for. We are not in all cases, but we would like to
see it more meaningful, and using the New York State Building Code as the
guide. So, that is just a part of things we are looking at. We have a lot of
catch-up to do as far as the Code is concerned, and Frank, we are moving
as quickly as we can.
FRANK CARLIN: Looking at this for years, and I hope that Bill will put a
Fedcral Express on this issue to get things moving here, and this thing
changed. I got one thing I would like to ask you, Madam Supervisor. This
is puzzling me a little bit here. You purchased the building along side of
here, $170,000: Now, you find out there are problems there with termites.
SUPERVISOR COCHRAN: We knew that before.
FRANK CARLIN: And you still bought it?
SUPERVISOR COCHRAN: I don't want the building. My own personal
concept was that it would square off this property. It was appraised, but I
felt it was worth the Town buying. We never seem to do comprehensive
planning, or plan for the future. As you know this building is inadequate
in the sense that we have people all down through the bottom cellar
working there day in, and day out. We just had a air quality report done
on the building, and I don't think you want to sit in my office, and up at
SEPTEMBER 29, 19.9-8
the landfill, the place were the guys now eat, so we are trying to upgrade
Town facilities. 1 . still think, and I spoke with- many businessman that it
was a smart move to buy the corner, because it is contiguous to this
property. It allows us to plan for the future. The building has not that
much value. I knew that. We had Fair-Weather Brown go in, and check to
see what it would cost us to put it into shape for a public use building. It
would cost you more to try to rehabilitate that building, than to build from
scratch. Many people feel that the building next door is a part of the
entrance into the hamlet of Southold. I have met with the Landmark
Preservation Committee. Their feelings were that if we could save it, save
it. The second option, if we could save at least the facade from the oldest
part of the building, kind of like the Cutchogue Library where you meld
the old and new, they would like to see that. If not, and we have to take
the building down they would like to see it fit into the ambiance and the
visual attractiveness of the neighborhood coming down. So, I have no
problem with planning for the future. I think we are going to have to go
into a building program within the year.
FRANK CARLIN: The only problem is, Madam Supervisor, if it's loaded
with termites you don't know what is going to be inside once, when you rip
the walls off. You gotta probably end up having to tear that whole
building down.
SUPERVISOR COCHRAN: I believe we will.
FRANK CARLIN: So, you actually paid $170,000 for a lot.
SUPERVISOR COCHRAN: Yes. What we did, we had a piece of surplus
property in Orient. We sold that for $190,000 to purchase this for $170,000.
So, we have a $20,000 leeway there, that we probably, if the Board agrees
at some point help us tear it down.
FRANK CARLIN: I am still saying, I mentioned it to a year ago, maybe
less, that building on Youngs Avenue on the corner would have been ideal
for Town Hall, that vacant North Fork building. I suggested that to the
Town Board a year ago. It's got adequate parking space. It's got two
stories to it. That would have been adequate for - a Town Hall. You went
after that, and said to me,, we missed out on it. Well, it is still vacant.
I don't understand why it is still vacant. It would be ideal for the Town
Hall.
SUPERVISOR COCHRAN: Frank, at that time when we discussed that there
were many people from the community that came in, and said that they do
not want to see Town Hall leave the Main Road. They feel that this is
where Town Hall belongs. Frank, everybody has different opinions. Now, I
had Mr. Stankevicz come in for the property next door. Mr. Stankevicz
next door would like $650,000 total for the property adjacent to us. We do
own the back lot on the end of the driveway here. I believe they paid
$180,000, $190,000 for it, so as long as we are able to add on, or do what
we have to do to put people in a work situation that is healthy, those are
the things.
FRANK CARLIN: I believe they got an elevator, too. That would have
been ideal in my opinion.
SUPERVISOR COCHRAN: The bank sold it before we had a chance to have
it appraised. We were in middle of having it appraised. We can only pay
an appraised price. We can go lower, but we can't higher.
FRANK CARLIN: You might not agree, but a lot of people in town agree.
SUPERVISOR COCHRAN: Thank you, Frank. Yes, ma'am?
JANE DORELL: I have just one question. I am Jane Dorrel from East
Marion. I came here today hoping that there would some discussion,
something on the agenda regarding the possibility of an electric utility
here in the Town of Southold, and I am just wondering where that stands?
SUPERVISOR COCHRAN: Alice, would you like to fill. them in? We
discussed it quite extensively this morning.
SEPTEMBER 29, 199'8
COUNCILWOMAN HUSSIE: One of the reasons that we are probably so
punchy this evening is that we spent a lot of time on this, and we had
arguments back and forth, discussions, debates. You name it, we had it.
My goal was to establish an electric company, a paper company. One of my
arguments for the creation of this company was to give the town the
opportunity to go out, and get more information, and also to put this on as
a referendum for everybody to have a voice in, because, as marvelous as
we are, we are not able to decide everything like that, and I think that the
people are far smarter than we are probably. So the formation of the
company, and referendum would give the .citizens an opportunity to make the
-decision. It would also allow us, as a Board, as. a company, to go out and
find the rates, all of the costs, all of. the expenses, all of those kind of
things, you know do it, and have information that is useable. I mean, I
have got a lot of information. For instance, the national average of
electricity. The private companies at 6 1/2 kilowatt hour, or municipal
company at 4 1/2 kilowatt hour. Now, those are . facts that can be
substantiated, and I know where I can find them. That is something
definite. Unless we are a company we can not talk to ABC. provider, and
say, okay, here we are, we need x number of kilowatts, or megawatts, how
much are you going to charge, and get a number. I talked to the Mayor of
Lynnbrook, and he related to me the story, they are in the same
process, trying to form an electric company, he went out and tried to get
some of this information, and he kind of got, well, we don't know, what do
think, and don't call us we will call you kind of situation. The day after
his Board formed the company there were people knocking at his door.
They were either ready to sell him him electricity, or they were ready to
take over the whole system and do everything for him. There is the
difference between being a bona fide company, and being a group of well
minded board members that wants to do something, but really doesn't have
the ability to follow through.
JANE DORELL: To .form a company you require an expenditure?
COUNCILWOMAN HUSSIE: At this point it would require nothing. We would
have to pay for, if it was a referendum that was a special referendum, we
would have to pay extra for. If we had to have done all of this at the time,
and were able to have gotten this on 'as a referendum by this November we
wouldn't have had to pay for it, because all the voting groups, and all that
stuff is in effect already. The foundation of a company does not oblige us
to proceed. I mean if everybody said, yes, let's do this, we would still
have to go step by step by step to make sure that we were doing the right
thing, and would assume that the public would be involved in that. I do
not consider the amount that has been given to us as a possible expense
for this, $47,000,000 as chicken feed, or small potatoes. It is a lot of
money. However, it would be paid out of revenue anticipation. The other
thing that we only briefly went on to discuss this morning, and this
afternoon, was the necessity for SEQR, which is something that there are
those who say that the formation of an electric company is going to effect
the water, it is going to effect the air, it is going to effect
transportation, it is going to effect all of these things. I tell you my
common sense will not allow me to take that into consideration. As far as I
am concerned the formation of .a paper company is not going to have any
effect on a drop of water, or any of that kind of stuff, and in deed, the
scallop law that we are trying to pass certainly has an effect on the
environment. I can see that. So, anyway we debated this left and right,
and up and down, back and forward, finally, and I hope I am going to be
able to prove this, I said that in two weeks I would come back with the
information that I could possibly get for four generators of electricity, to
find out if I can indeed make any headway at all, as a well meaning Board
member So, that is where we are.
SUPERVISOR COCHRAN: And the Town Board has .the responsibility. We
had the study done eight, twelve years ago, so they review that, bring
them up to date, and there was another report.
SEPTEMBER 29, 1998 I 43
COUNCILWOMAN HUSSIE: I . W. Beck did one about twelve years ago. We
did one about four or five years ago, and then we have this one. All of
them have come up with the same thing, but really they should look into it.
JANE DORELL: All of them have come up with the fact that it is feasible.
COUNCILWOMAN HUSSIE: Feasible, yes. What feasible means is it has a
reasonable chance to succeed. Until we know that it has a definite chance
of succeeding I don't think I, or anybody else on this Board would want to
do that.
JANE DORELL: But, there is a great deal of interest, a tremendous
amount that I know, because I was one of the volunteers who took the
initiative for the referendum around. I got many signatures.
COUNCILWOMAN HUSSIE: That was for the LIPA thing.
JANE DORELL: That was for the LIPA, but at the same time everyone
who signed wanted to know what about what was going to happen with the
utility from the Town of Southold, so there is a lot of interest out there,
and a lot positive feelings.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
FRANK KUHN: Frank Kuhn from Laurel. Two, questions really on the
same subject, again the electrification. I am a little unclear as to what
the next step is. Is Mrs. Hussie is going to do the survey?
COUNCILWOMAN HUSSIE: It is not really a step -in the process to form a
company. It is just a sort of measure temporarily to get everybody back on
the page. We had such a wild discussion this morning, and I don't seem to
be able to get the sense of where the true opposition is coming from. It
seems to come from a lot of different quarters, so one of the big opposition
things was why do we have to do this, because we can get all the
information that we need without forming a company, so in order to answer
that question I am going to do my little survey.
FRANK KUHN: What is the next step the Board should take? When will
that be?
COUNCILWOMAN HUSSIE: It is to forma a company, and then have a
referendum, and when that is going to happen is up to this Board.
FRANK KUHN: Is there a target date to make a decision, either to form,
or not form a company?
COUNCILWOMAN HUSSIE: No, we haven't dated that. At one time, in my
mind our target date was to have it formed in time for this to be on the
referendum in November. That time has come and gone. It would have to
be a special referendum.
FRANK KUHN: Is there a will with this Board do that, to form a firm
date, or at least as firm as you can make, to make a decision?
COUNCILMAN ROMANELLI : I think if there was a majority will, it would
have already happened, so I think there is still a lot of debate going on
amongst the Board on which way to go.
FRANK KUHN: I am just wondering what is it going to take to make a
decision one way or another?
COUNCILWOMAN HUSSIE: I think we are right now we are, go ahead
three, reluctant three. That's where we are.
FRANK KUHN: My other question relates to an article. in Suffolk Life a
few days ago concerning the Town of Huntington considering a law suit
against LIPA/LILCO. My question is, where does this Board stand on
that? Have you investigated it? Are you aware of it?
SEPTEMBER 29, 1999
COUNCILWOMAN HUSSIE: This Board has not been advised that that was
happening. It was done without our knowledge. I `don't know if we would
have entered into that lawsuit or not. I didn't know about it until I read
about it until I read it in the paper, too.
FRANK KUHN: According to the paper, and that is the only thing I can
go by, they really haven't filed a suit yet.
COUNCILWOMAN HUSSIE: That was according to the paper last week, but
they did. I think it was yesterday.
FRANK HUHN: Is this something you would consider?
COUNCILMAN MOORE: I didn't see that article, so I don't know what they
are doing.
SUPERVISOR COCHRAN: I haven't seen it.
COUNCILWOMAN HUSSIE: That particular one wasn't the tax certiorari.
FRANK KUHN: This is about tax revenue, that was collected by LILCO.
COUNCILWOMAN HUSSIE: And it also dealt with the absolving of having to
pay the $2,000,000,000 to the IRS?
FRANK KUHN: The last paragraph, or the next to the last paragraph,
they mentioned a lawyer, where it isn't costing the town, apparently, any
money, so it seems to me it is a no loss situation if you get into that.
COUNCILWOMAN HUSSIE: The best answer I can give you, Mr. Kuhn, is
that we were not invited, not that we were left out, but we weren't part of
it.
FRANK HUHN: I am sure if you talked to this lawyer he would be happy
to include you, I assume. I don't know what the legalities of ' something
like that are.
COUNCILMAN MOORE: The other lawsuit that we are involved in deals with
the tax rebate, 1 .2 billion dollars, which LIPA agrees to settle with half
of that amount. So, we talked to Mr. Like, and that is the lawsuit we got
involved in.
FRANK HUHN: It would seem the bigger the pot the bigger his
continuances. Is this something you would consider, or going to consider?
SUPERVISOR COCHRAN: We will have to find out more about it. We will
find out more about. Yes, sir? Mr. Samuels?
TOM SAMUELS: Tom Samuels from Cutchogue. Just two things, and I will
be ' very brief because the hour is late. We have a truck scale at our
operation in Southampton. It is the latest, the greatest of computerized
truck scales. It is capable of weighing 40 tons, but it also goes up to 60.
Those scales were never meant to weight 20 pounds. If the wind is blowing
northeast you get one rate. If it is blowing southwest you get another
weight. The sensors are not that acute that they can pick up small
weights. It is impossible. If you drive the truck off the scale, and back
on the scale you will get a different reading. . If it is raining you wil-I -get
a different reading. If it is snowing you get a different reading, if the
temperature is lower, . if the temperature is higher. You can calibrate them
until the cow come home: It- costs a lot of money to have them calibrated,
and we frequently do jobs for the Corp of Engineers where we weight tons,
and tons, and- tons of stone, which is why we put it. in in the first place.
They insist in more frequent calibrations. We do the frequent calibrations,
but, again, the adjustments- are good for a little while. In fairness to
Frank, who is my very good friend, I think highly of him, these ' truck
scales were never meant to weight 20 pounds, and if you look at the
percentage of error between 40 ton, or 50 tons at 20 pounds, they are
pretty damn good scales. The other issue is the electric company, which is
to my way of thinking is a no-brainer.. . We have absolutely nothing to
lose. We have badgered this issue for years, and years, and 'years. They
remind me of the great issue we had back in 1989, and I am not going to
SEPTEMBER 29, 1998
bring that one up. It just has to be done. You have to give the public a
shot at this electric problem. I had hoped to have Jimmy Holman with
me. He is probably one of the largest users of electricity in the Town of
Southold with his freezers, and his refrigerators, and so on, and he would
have been here, however he is on vacation. He will come on another
occasion and speak. It is unfathomable to me why there is any opposition. I
can't understand. It is a no-brainer. The other thing that concerns me as
I understand it is that the Town Attorney required a long form EIS
statement. I probably filled out forty of those things, and I understand
that the Town Attorney would want an arm's length transaction, or a
consultant doing that, rather than the Planning Department, but if you can
come up with a Pos Dec out of Southold running electricity through lines
overhead versus ' LIPA running lines of electricity overhead, or
underground, that is a good one. That is a real reach. This has got to get
done. It has been stalled before. It is a pocketbook issue. We are paying
through the nose for electricity. It is ridiculous. Let's take a shot, at it.
Who cares what happened to Brookhaven .and Wading River, when LILCO
went down. That is where our burden is, and we paying for it, and we are
continuing to pay for it. 'There a lot of people in this town that pay as
much for electricity as they do on their mortgages. You add the mortgages
to the taxes it is ridiculous. It is terrible. We got to get off the dime
on this thing. Let's get this electric company going. If we got any shot at
all we can't lose, and the townspeople need the relief, I among them.
Thank you.
JOE GOLD: Joe Gold, Southold. I am not going to talk about scales, and I
don't have to talk about the electric company, because Tom said everything
I wanted to say. This is an absolute no-loss situation. Form the company.
If you are against it, get them out at the referendum. The thing I want to
talk about is, once again, going into Executive Session during the Work
Session. I lost track of how many times I have come up here to remind the
Board there are eight reasons to go into Executive Session. Attorney-client
privilege is not one of them. Period. You can't do that.. It may give the
Board one cozy deal to be able to conduct their business in secret, but it
does not give the people in town one cozy deal to know how much business
of the Board is being conducted in secret. I would like to read one
sentence from the first paragraph of the open meeting law. The people must
be able to remain in forum if they are to remain in control over those who
are their public 'servants. Period. Maybe wonderful things are going on in
Executive Session, but the people in the town don't know that, and the
increased use of Executive Session this year make me, and I am sure other
people worry, particularly when there is no justification. Attorney-client
privilege is not good enough. You have to explain why. The Board has to
vote on it. There has to" be litigation involved. The litigation has to be
identified. This is not a' blank check.. , You can not just waive the eighth
reason. You can't just say, reason number four, personnel. You have got
to say why, and this isn't being done.
TOWN ATTORNEY YAKABOSKI : Can I respond? You folks sit in on open
meetings a lot, and you stated that there are eight reasons enumerated for
Executive Sessions. You are absolutely correct, and you are absolutely
correct in the statement that when you say 'that the Board can not go from
an open meeting, make a motion during the open meeting, and go into
Executive Session, except for one of eight enumerated reasons. However,
where I believe you are getting confused is that you have not read the
entire Open Meeting Law. Let me hand you something. It is on the same
page. This is from New York Open. Government Law Your Right to Know.
JOE GOLD: I want to clear up something, because I believe you are a little
confused. I am reading from the Open Meeting Law. This is not the Open
Meeting Law.
TOWN ATTORNEY YAKABOSKI : May I please finish? What that states is
there are. .what I think is important for everybody to understand, I spent
some time with Pat and Albert today, is a Town Board, any Board, must
conduct it's business in an open meeting. That is correct. Here is your
open meeting. You have to have discussion in a decision making process, or
the actual decision where the Board takes a vote, just like every time here
today people voted on resolutions in the open meeting. During that open
meeting, once • you are in the open .meeting, the Board can only ask people
to leave the room, and go into Executive Session while the Board discusses
1 SEPTEMBER 29, 1998
issues, or makes a decision, for those eight reasons. Where the difference
lies though is that what I just handed you, I didn't get the book out, I
don't remember the exact section of the Open Meetings Law, but there are
exemptions, three exemptions, from the Open Meeting Law, and what that
means, Mr. Cold, is under those re-exemptions the Board never has to go
into the open meeting, so when you made a reference earlier, for example,
to attorney-client privilege not being one of the reasons for going into
Executive Session, you were correct. However, attorney-client privilege is
an exemption from the Open Meetings Law. The Board is client. They are
entitled to receive legal opinions from their counsel. That is not part of
the open meetings. You never get in the door. You never get in the
meeting. .So, if you .are never there you don't have to worry about whether
or not you are going into Executive Session, what you do is you are having
attorney client discussions. Now, what happens when the Board has .an.
attorney client, the 'Board can come to me anytime, Monday through Friday,
Saturday, Sunday, get together for asking a legal opinion on an issue
before any special counsel that works for the Board. What occurs there is
they ask the issue, .and the attorney will give the legal opinion. The Board
is allowed to ask questions to kind of flesh out their understanding. What
does not occur during those sessions is the decision making process. The
Board then does not turn, for example this morning there was a discussion
under attorney-client privilege. That is why the Board did not have to go
into Executive Session. What does not occur during those attorney-client
meetings, or gatherings, is the decision making process. The Board can not
after ask my opinion, and say, Greg, please leave the room and start the
decision. That doesn't happen, nor can the Board actually make a decision,
the resolution. That is when the Board comes back in. That can only occur
during the open meeting, the decision making process, only when you have
a quorum. In this case it would take four people of the Board, four
members of the Board. That is what the open meeting is for, and if you
have any questions on this, please, please call Bob Freeman. That's a
number I just gave you. That is a pamphlet that the committee. .New York
State has a standing committee on open government. What you are raising is
an open government question, and I am glad you raised it, actually,
because it is an important issue. Please, give him a phone call, because he
will be able to explain this. What happens under the exemptions is items
which are exempt under Federal and State statute. Under State statute
attorney client discussions attorneys are exempt from—they are
confidential, so the Board is not forced to have my legal opinion during the
open meeting. They are entitled to have that in confidence. That is one of
the factors that might go into a decision they make. As I said, please to
confuse attorney client with the Executive Session. You have the open
meetings, and during open meetings you can only go into Executive Session
for eight reasons. This is outside of the open meetings. Please call Bob
Freeman.
JOE COLD: I don't want to go on with this. The hour is late. I an talking
about the open meeting law. You are giving me a pamphlet.
TOWN ATTORNEY YAKABOSKI : When I get to my room.
JOE COLD: This says, matter made confidential by Federal or State law
are exemptions. That is an opinion of this committee.
TOWN ATTORNEY YAKABOSKI: Let me get the law.
JOE COLD: I could continue with the Board, because this doesn't involve
the Town Attorney. We are talking about' the appearance of impropriety
here. We could go back and forth here for an hour, but we won't. The
point is, why are you doing this?
SUPERVISOR COCHRAN: Doing what?
JOE COLD: It seems to be we are continuing to have Executive Sessions
with no specific reason given. It seems to me this a way of doing business
that has happened only in this past year.
SEPTEMBER 29, 1998 14, 7
COUNCILMAN ROMANELLI : Every time we go into ' Executive Session at the
open meetings, when we make a motion to go into Executive Session there is
always a motion made as to why we go to Executive Session, so you can't
sit there, and put words, and get the camera, and tell people that we are
just going into Executive Session for no reason. When we go into Executive
Session during the open meeting everybody would say we are going into
Executive Session for contract negotiations, for personnel matters.
JOE GOLD: That's not good enough.
COUNCILMAN ROMANELLI : You can't give the personnel matter out.
JOE GOLD: If you read the law, you say contract negotiations involving
such and such, and such and such. If it is personnel matter you say it is
a personnel matter involving the salary of an individual. Every personnel is
not grounds for Executive Session. Every contract negotiations is not
grounds for Executive Session. Every property acquisition is not grounds
for Executive Session. You got to be more specific.
TOWN ATTORNEY YAKABOSKI : Mr Cold, the law you are referring to, the
Open Meetings Law, is found in Public Officers Law, New York State Law.
That is Article VII of the Open Meetings Law. If you turn to page 316, 1
know you don't have it in front of you, the copy machine was turned off,
the Open Meetings Law has several sections 100 through 111 . 1 believe you
are reading from Section 103, am I correct?
JOE GOLD: No, I am not. I am reading from 105, Executive Sessions.
TOWN ATTORNEY YAKABOSKI : Do you have 107 in front of you?
JOE GOLD: No..
TOWN ATTORNEY YAKABOSKI : 107 actually excuse me, 108, it is entitled
exemptions. Nothing contained in this article, the article referred to as
the Open Meeting Law article shall construed as provisions hereof, reads
one, two and three. Number three is any matter made confidential by
Federal or State Law, which is what I handed to you earlier. It quotes from
this.
JOE GOLD: Where does attorney client privilege appear in State Law? It is
CPR Act, and it is generally referring to judicial proceedings. In. Federal
Law it appears in the Federal Rules of Evidence.
TOWN ATTORNEY YAKABOSKI : Mr. Gold, please, don't take my word for
it. Please call Bob Freeman. He is an individual who heads the standing
committee on open government. Please give him a call. If you want to stop
by tomorrow I will give you a copy of this.
JOE GOLD: I have the books. You are giving an impression, which I am
sure you don't want to give. Maybe you are giving the impression which is
unnecessary, and that is that there is a lot going on in Executive Session,
a lot more than used to be.
SUPERVISOR COCHRAN: I don't think so. We do not abuse going into
Executive Session. That is something we do not do as a Board, nor will' I
allow it, nor will Greg allow it. When we go into Executive Session, and
it's personnel, we will say it is personnel, but we don't mention who the
person is.
JOE GOLD: You don't have to, but you can't go into Executive Session for
every personnel related matter.
1 SEPTEMBER 29, 1993
SUPERVISOR COCHRAN: We don't. Only if there is a problem, or
something that is personal to . that personnel, to that person or that
situation. We don't go in for every personnel matter. I, too, would like to
suggest that you contact Mr. Freemen. Also, you can contact the
Association of Towns and Villages. Call me and I will give you the number.
They have four or five attorneys on staff. They would be more than happy
to just let them know we have spoken, and they will be more than happy to
give you any information you require, but as Supervisor I feel at this time
we are not violating the trust of the public. Thank you.
ROBERT LEONARD: Good evening. Robert Leonard, S & L Irrigation. I
have been, not necessarily before this Board, but before the Planning
Board for several months. About a year and a half ago when I started to
look at property in the town to house my business, I was told that LB
zoning would be the minimum zone to operate out of. Recently that has been
clarified, and I understand I am allowed to work in LB. Unfortunately I am
on Route 48, which is encompassed in your moratorium, and I was hoping
this evening more would be said on that. I don't really care about my
sign. I don't really care about my fence. I do care more or less of having
my business operating legally in a legal zone, and CO'd for my company,
because it was a machine shop for many years, that is a change of use. As
I understand that part of your moratorium is not going to change. Does
this mean that for the next nine months I am going to have to operate
illegally out of my property?
COUNCILMAN MOORE: Did you need to get a building permit to make your
use change?
ROBERT LEONARD: As I understand it, and that is why I am up here
right now asking you this question, do I need to?
COUNCILMAN MOORE: You can have use changes of property that don't
necessitate getting a building permit.
COUNCILMAN ROMANELLI: We are looking for a site plan, whereas
everything got triggered in his case. The site plan. just opened the typical
can of worms, but your question was, are you going to operate illegally.
ROBERT LEONARD: What my question is, I mean, I was told I need a
waiver or a site plan review, because I asked for a fence. Then they told
me I can't put up my fence anyway, because of the moratorium. Now I am
being told, maybe 1 can put up the fence. The bottom line is, if I say, the
heck with the fence, I don't want a fence anymore, can I be CO'd for
an irrigation warehouse and office, and live there happily, or I am still
going to run into opposition, when I come down and ask for that?
COUNCILMAN MOORE: Do you want my opinion?
ROBERT LEONARD: I want 'the Board's opinion. I mean I asked the
Planning Board a year, and a half ago, and they told me absolutely no
problem, move in, enjoy. We would like to have you as a neighbor. Every
since I have done that I have had nothing but opposition from everybody I
talk to around here it seems.
COUNCILMAN' MOORE: Assuming you got site plan waiver, I don't know if
you did or not.
ROBERT LEONARD: I am trying, but they are tied by the moratorium they
tell me, that they can't even waive my site plan because of the moratorium.
They said we can go through all the motions, but they can't make a final
determination. ,on that.
COUNCILMAN MOORE: I am sorry I don't have an immediate answer for
you.
SEPTEMBER 29-, 199'81 � 4
ROBERT LEONARD: Maybe on the 13th we can discuss it again? I guess
that is what I am going to have to wait for. I supposed to go before the
Planning Board again on the 5th, but I would assume they are not going
to have much more answers for me with the moratorium being held over to
the 13th, as far as changes.
COUNCILMAN ROMANELLI: The two boards have to iron it out. You have
so many problems.
ROBERT LEONARD: It is sort of catch-22.
COUNCILMAN MOORE: We just don't want to assume what they are doing
at the moment over there.
SUPERVISOR COCHRAN: Would you make a appointment to come in, and
talk to the Town Attorney, and Mr. Forrester the head of the Building
Department, and so we can look at both sides of the issue, and see what
the problem is and so on, and so forth. Please, call Creg's office tomorrow,
and ask for Carol his secretary, and she will set it up as soon as we can.
Is there anyone else who would like to address the Town Board? (No
response.) I would like to inform you that the Town Board did not pass the
resolution giving you, or the law giving you the authority to make the
decision on scallops. The determination will stay with the law as it is now
presently. Maybe it can be looked at in the future :.i.f. you; .s.till have.. strong
feelings on it with solutions. Anyone else like to address ' the Town
Board? (No response.) A motion to adjourn?
Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board , meeting be and hereby is adjourned at
6:50 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Elizabeth A. Nevill
Southold Town Clerk