HomeMy WebLinkAboutTB-01/05/1999 °JANUARY 5, 1999 3 4 5
SOUTHOLD TOWN BOARD
JANUARY 5, 1999
WORK SESSION
Supervisor Jean W. Cochran, Councilwoman .Alice J. Hussie, Justice Louisa P.
Evans, Councilman William D. Moore, Councilman John M. Romanelli, Councilman
Brian C. Murphy, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F.
Yakaboski.
9:10 A.M. - The Town Board commenced with IV. FOR DISCUSSION ITEMS.
IV. 1. Request of Board of Assessment Review Board Chairman John Sullivan
and member Jess Wolf for payment for meetings with Board of Ethics and
Supervisor. These requests were denied.
9:15 A.M. Appointment with Richard Ryan, Chairman, Land - Preservation
Committee to discuss IV.2. Criteria for accepting land as a gift. Supervisor
Cochran said that a prior criteria of the Town was not to accept a parcel less
than two (2) acres. - Mr. Ryan said that the committee does also have some
criteria which they use as a guide to review applications. Councilman Romanelli
stated that he still thinks that the Town will have to consider each and every
parcel on an individual basis, regardless of size. Justice Evans agreed, citing
as .an example a twoacre lot in the middle of a residential subdivision, could
possibly not be in the town's best interest to accept. Supervisor Cochran
stressed the importance of developing this criteria. Mr. Ryan predicts that they
will be seeing a lot of easements in the future. Supervisor Cochran advised that
someone has asked her about leaving property to the town in a will. She would
like to develop an information brochure to get this information out .to the
public. Councilman Moore commented that there might also be times that the
town would want to disclaim property left to them in a will. It is possible to
do so, but you must act in a concise and timely fashion in order to do so.
Environmental review assessments of the properties would be done in all
Instances to be certain that there are no unsatisfactory environmental
conditions. Mr. Ryan stated that the committee will prepare a listing of criteria
and submit it back to the Town Board in a month. This concluded the IV.For
Discussion items on the agenda.
9:25 A.M. - The Town Board reviewed resolution numbers 1 through 9 to be
voted upon at the regular meeting at 7:30 P.M.
9:45 A.M. (1 :30 P.M. Appointment)- James Bunchuck, Solid Waste Coordinator
appeared before the Board to request permission for obtaining material for
landfill capping. They are still getting the sand from Riverhead at a good
price. But now, he has found another good source of topsoil for the landfill
capping which will be needed at the end. There is about 5,000 yards available
at a delivered price of $6.25 per yard. It is a loamy topsoil, with sand beneath
it, jkist what will be needed. Dvirka E Bartilucci has already provided him with
the specifications that will be needed in order to go to bid. Councilwoman Hussie
questioned if he had a place to store it. Mr. Bunchuck answered at that price,
yes he does. He requested 'permission from the Board to have Dvirka E
Bartilucci go ahead and do the test on the material to be sure that it is
suitable, at no cost to the Town. Mr. Bunchuck will come back to the Board
after the testing is completed to request permission. to go to bid. Councilman
Romanelli brought the subject of permit fees for commercial contractors before
346 JANUARY 5, 1999
the Board for discussion. He advised that he has been approached on several
occasions by Jamie Mills and several other contractors on the subject. He would
like to see the annual permit fees lowered from $60.00 to $25.00. They would
still be paying the same fee per pound to go over the scales. Councilman
Murphy suggested perhaps leaving the initial permit fee at $60.00 for the first
permit, but lowering it to $25.00 for second and/or additional permits.
Supervisor Cochran referred him to Comptroller John Cushman to have an
analysis of the financial impact such a proposal would have on the budget.
10:07 A.M. William Gremler appeared before the Town Board regarding his
application for a temporary house trailer permit. Mr. Gremler informed the Board
that he had a fire in his house in late November and needs this trailer as
temporary living quarters while his house is being rebuilt. The Board agreed to
grant it on a temporary six (6) month basis, after which time he may come back
and ask for an extension, if necessary. (Resolution No. 10 was placed on the
agenda.)
On motion of Councilwoman Hussie, seconded by Councilman Murphy it was
RESOLVED the the Town Board enter into Executive Session at 11:10 A.M. for
the purpose of discussing CSEA contract negotiations. Vote of the Board: Ayes:
Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans,
Councilwoman Hussie, Supervisor Cochran. Also present: Town Clerk Elizabeth
Neville and Town Attorney Gregory Yakaboski .
12:50 P.M. - Work Session adjourned.
JANUARY 5, 1999
347' .
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on January
5, 1998, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: May I have a motion to approve the audit of the
bills of January 5, 1999?
Moved by Councilwoman Hussie, 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 $99,126.52; General Fund
Part Town bills in the amount of $5,348.51; Highway Fund Whole Town bills
in the amount of $21,730.70; Highway Fund Part Town bills in the amount
of $48,234.92; Landfill Cap l; Closure bills in the amount of $115,001.09;
Mattituck Creek Stormwater Capital bills in the amount of $8,320.00;
Employee Health Benefit Plan bills in the amount of $25,18.3.86; Fishers
Island Ferry District bills in the amount of $50,339.40; Refuse & Garbage
District bills in the amount of $11,479.00; Southold Wastewater District
bills in the amount of $1,191 .52; Fishers Island Ferry District bills in the
amount of $498.02.
Vote -of the Town Board: Ayes: Councilman Murphy, Councilman
Romnelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: A motion to approve the minutes of December 22,
1998 Town Board meeting.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the minutes of the December 22, 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: A motion to set the next Town Board meeting for
Tuesday, January 19, 1999, at 4:30 P.M.
Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 4:30 P.M., Tuesday, January 19, 1999, 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.
34
JANUARY 5; 1999
I. REPORTS.
SUPERVISOR COCHRAN: As you know each month committees and boards
give monthly reports to the Town Board. There are three reports on this
particular agenda, Town Clerk's, and two from the Recreation Department.
They are public information. They are available in the Town Clerk's
Office. If there is something that peaks your interest you certainly are
welcome to obtain them, and have the information.
1 . Southold Town Clerk's Monthly Report for December, 1998.
2. Southold Recreation Department Monthly Report for December, 1998.
3. Southold Recreation Department 1998 Receipts and Disbursements.
11. PUBLIC NOTICES.
SUPERVISOR COCHRAN: Public Notice in relation to replacing bulkheads
on Corey Creek in the Town of Southold. . Two public notices, they are
both from the Department of Environmental Conservation.
1 . New York State Department of Environmental Conservation Notice of
Complete Application of Leslie Gazzola to replace bulkhead, widen existing
slip, and backf ill - bulkheads at Elizabeth Lane off Corey Creek, Southold.
Written comments by January 22, 1999.
2. New York State Department of Environmental Conservation Notice of
Complete Application of Cheryl Hansen to replace bulkhead, widen existing
slip and backfill bulkheads at Elizabeth Lane off Corey Creek, Southold.
Written comments by January 22, 1999.
Ill. COMMUNICATIONS. None.
SUPERVISOR COCHRAN: There are no communications.
IV. PUBLIC HEARINGS. None
V. RESOLUTIONS.
SUPERVISOR COCHRAN: We will go into the resolutions. As you know the
Town Board has a policy, that if you would like to address us, or give
any input to any of the resolutions we will be acting upon, that you have
the opportunity now. If you would like to have the opportunity to address
the Town Board on any Town business we would certainly welcome your
comments at the end of the meeting. At this time is there anyone that
would like to address the Town Board in relation to the resolutions?
DONNA DZUGAS-SMITH: Happy New Year. Just a question, I asked a few
people, and no one seems to know the answer to this question. I didn't ask
any of you. When it says, authorize modifications in the budget, you
know, there is quite a few ' here. Actually they said there is normally
about ten. You have four or five in here. What does it actually mean?
SUPERVISOR COCHRAN: Modification of the budget?
DONNA DZUGAS-SMITH: Resolutions that are referring to authorize
modifications.
SUPERVISOR COCHRAN: Say you have a line that is for buying office
supplies, and you have overdrawn it, you can move from another line to
that line. The money would be there then for that purchase. Is is almost
like, if anyone has any easier way to explain 'it, I always think of it in
terms of' balancing your lines within your total budget. You don't go over
your total budget, but you can move from one place to another within that
budget, from one category to another.
DONNA DZUGAS-SMITH: This authorizing budget modification to General
Fund Whole Town Budget to cover overexpended appropriation for health
plan purposes, where is the money coming from?
COUNCILMAN MOORE: A line where it was not overextended. There was
money remaining there. So, if you had $50.00 in your grocery tin on your
JANUARY 5, 1999 3 4 9
counter, and $25.00 for your electric bill, you might go into your grocery
tine, put it into the :electric bill, pay it from there.
DONNA DZUGAS-SMITH: So, rather than use personal, specific for that
person, where it says overexpended appropriations. In other words you
allowed too much money for the health plan departments, is that what that
means?
COUNCILWOMAN HUSSIE: It is hard to say. We deal with a lot of
numbers. You don't have the numbers there. It is going to 9901 .9.000,
coming from. .
SUPERVISOR COCHRAN: Donna, may I show you this? It might be easier
if you see the resolution itself. We are transferring money from one line,
from this line to this line, so that can be paid. Okay? That is how the
budget mods are done within the budget. You can move from one line to
another. We have an overextended line.
DONNA DZUGAS-SMITH: The first one is the first line, that is where the
money is coming from, and the second one is where it is going to? Okay,
but it still comes from the General Fund that you approved in October,
November.
COUNCILMAN MOORE: This is from the prior year.
DONNA DZUGAS-SMITH: From last year?
SUPERVISOR COCHRAN: This is all '98.
DONNA DZUGAS-SMITH: So we are still spending 198 money?
SUPERVISOR COCHRAN: You are balancing the books.
DONNA DZUGAS-SMITH: You are balancing 198's books. That is what you
are doing. Do you : need to ask for any money from the 199 thing, or
anything like that, so it is just a matter of making all the numbers add up
for '98?
SUPERVISOR COCHRAN: For the last fiscal year.
DONNA DZUGAS-SMITH: That is what all these are, authorizing
modification, okay.
SUPERVISOR COCHRAN: Anyone else have any other questions in relation
to the resolutions? (No response.) If not, we will go with number one,
which is a budget mod.
1 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
A.9901 .9.000.000 Transfers to Other Funds, Transfers
Transfers to Health Fund $6,900.00
From
A.9901 .9.000.100 Transfers to Other Funds, Transfers
Transfers to Capital Fund $6,900.00
1 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
3 5 Q JANUARY 5, 1999.
2.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Highway Fund Part Town 1998 budget as follows:
AAvnropriations:
To:
DB.5110.1.100.100 . General Repairs, P.S., Full-Time Employees
Regular Earnings $ 90,000.00
DB.9030.8.000.000 Social Security
Employee Benefits 10,000.00
From:
DB.5110.4.100.200 General Repairs, C.E., Supplies&Materials
Fuel&Lubricants 30,000.00
DB.5110.4,100.975 General Repairs, C.E., Supplies&Materials
Steel 3,000.00
DB.5110.4.100.995 General Repairs, C.E., Supplies&Materials
Signs&sign posts 2,000.00
DB.9010.8.000.000 NYS Retirement
Employee Benefits 10,000.00
DB.9040.8.000.000 Workers Compensation Insurance
Employee Benefits 5,000.00
DB.9901.9.000.000 Transfers to Other Funds
Transfers to Health Plan 5,000.00
Revenues:
DB.5990.00 Appropriated Fund Balance 45.000.00
2.Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Rompnelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
3.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
Revenues:
A2705.30 Gifts & Donations $ 2,500.00
Appropriations:
A8560.4.400.200 Trees/Tree Maintenance $ 2.1500.00
JUSTICE EVANS: Is this '98, or 199?
SUPERVISOR COCHRAN: This should be '98.
3.-Vote of the Town Board: Ayes: Councilman, Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
TOWN CLERK NEVILLE: It is 199. This is a special situation, where we
received a gift. It goes in the gift line of the budget. It is '99.
'r JANUARY 5, 1999 7
4.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Dvirka E Bartilucci Consulting Engineers to provide the
following services with regard to the landfill cap, retroactive to October
8, 1998: (1) Compaction testing of glass sand for the landfill cap; (2)
Research the availability of additional sources of cover materials for use
in the cap, and to assess the feasibility of using such materials; (3)
Develop and test a blend of Town-produced compost and sand for use as
final, topsoil cover : capable of supporting growth of grass and shallow
rooted plants, at a combined cost not to exceed $17,000.00, such funds to
be taken from the landfill closure bond.
COUNCILWOMAN HUSSIE: I would like to explain just a little bit about
this. This is another $17,000.00 that we are having to spend, but which
will be covered by the bond. These are things that were required by the
DEC in order to have our final closure plan approved, so if you wanted to
know if the glass sand that we are getting is free, fortunately, is going to
get in all the little cracks, and they are -also doing a test on whatever the
final cover is going to be on the way the grass will grow, or any plants
that are planted there will grow, so we have to test that, and let them
know.
4.-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 want to hold for a minute, and go back to
number three. That is 199. It is not 198, because it was a gift that was
given to the Town, and it was given in the year 199, so it has to go
through the books as 199 to .get it into the right line. So, that number
three should read 199 rather than '98. 1 think we should rescind the
motion to get it off the books, and then pass it properly. May I have a
motion to rescind #3?
3b.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds
Resolution #3.
3b.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: Now may I have the motion for the year 1999 due
to a gift.
3.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1999 budget as follows:
To:
Revenues:
A2705.30 . Gifts 8 Donations $ 2,500.00
Appropriations:
A8560.4.400.200 Trees/Tree Maintenance $ 2,500.00
3.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
5.- Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the execution of a Stipulation of Settlement in the certiorari proceeding of
Pipes Cove Condominium vs. the Board of Assessors, all in accordance with
the recommendation of the Board of Assessors and Special Counsel Richard
J. Cron.
5.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
JANUARY 5, 1999
6.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Petro Heating Services and Fuels, Inc. at a price of plus $.10
per gallon over the Tosco Refining Company Tank Car Consumer Price, for
supplying the Town of Southold with Heating Fuel Oil for the 1999 Calendar
Year, all in accordance with bid specifications.
6.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran. Abstain:
Councilman Romanelli.
This resolution was duly ADOPTED.
7.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby amends
Resolution no. 8, adopted at the December 22, 1998 Southold Town Board
Meeting, by changing the salary of Valerie A. Meyer promoted to the
position of Senior Account Clerk, to $34,562.78 per annum.
7.-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: Participation in the Suffolk County Preservation
Partnership Program is no. 8, so we will go on to no. 9.
9.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of the Winners Corporation in the amount of $7,500.00 for the
following used vehicles:
1992 Gray Ford, Crown Victoria VIN # 2FACP72W2NX206521
1992 White Ford, Crown Victoria VIN # 2FACP72W4NX206522
1995 White Chev, Caprice VIN # 1G1BL52P4SR152913
1992 White Ford, Crown Victoria VIN # 2FACP72W8NX206524
1992 White Ford, Crown Victoria VIN # 2FACP72WXNX206525
1988 Blue Plymouth Voyager
1993 Blue Ford, Van VIN # 1FMEE1IYXPHC00294
9.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
10.-Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that the application of William M. Gremler for permission to
temporarily locate a' single family trailer on his property located at 375
Kraus Road, Mattituck, New York, while he reconstructs his home which
was damaged by fire, be and hereby is approved for a six (6) month period.
10.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
11 .-Moved by Councilman Moore, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Alice L. Wider as a Clerk in the Office of the Receiver of Taxes, to work
as needed during January, and again in May, at a salary of $7.05 per hour.
11 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Z_
JANUARY 5, 1999
SUPERVISOR COCHRAN: That is the end of our resolutions for the
evening. I am very- happy to announce that we received another $500,000
grant this week, that will be used for the purchase of farmland development
rights. It came from the New York State Department of Ag and Markets,
so we are absolutely delighted about that. This is an opportunity to take
that money, and match it against perhaps some County money, and roll it
over into double the amount. So, we are pleased with that. If there is
anyone that would like to address the Town Board at this time on any Town
Board business, we would be very happy to hear your comments. Yes, Mr.
Carlin?
FRANK CARLIN: Frank Carlin, Laurel. I would like to wish Madam
Supervisor, the entire Board, a Happy New York, and a Healthy New
Year. I have two issues this evening, one will be a little shorter. Back in
1997 you come up with this Pool Committee here, and you made a study with
the pool. That item was $4,000,000 approximately, and about a month ago
you said in the local paper, approximately four and a half million, and now
you want to appoint a committee of experts to review the cost and other
issues. It seems to me that since 1997 by now you should know really what
this is going to cost. It seems to me that before we end up it is going to
be more. It also seems to me like the old phrase that I use, is dancing
around the bush. The other item is, I communicated with Mayor Kapell,
and I know what his plans are about the pool, and knowing Mayor Kapell,
when he says something he usually does it. He doesn't let no grass grow
under his feet. I also understand that pool will be open to everybody. That
is all I am going to say about this issue tonight. I can assure you, Alice,
I have a lot more on this issue in the future.
COUNCILWOMAN HUSSIE: May I reply to what you said? That report was
done in 1997 at the time we just used a number, that we had sort of taken
out of thin air based on what other things had cost. In 1998 we asked
various companies, ,architects, and building companies to give us some data,
that we could use, and also a projected cost. We got costs ranging from 3.8
up to 5,000,000. That was the first time we ever got anything from a
professional that was more concrete than what we thought, and I put that
in quotes. It might be. So, that is where the numbers come from. The
committee that you referred to about going forward, we are not dancing
around the bush. We want to be able to, as I said the last time, have
numbers that are real, not dreams, but real numbers, so that when you '
vote, and you are probably going to vote, it might be very appealing. But,
you will be able to really know what it is all about. Now, as far as the
pool in Greenport you made the reference that everybody can use that.
FRANK CARLIN: It will be a public pool.
COUNCILWOMAN HUSSIE: And so will this one.
FRANK CARLIN: How can it be a public pool, when you have to pay
membership to join it?
COUNCILWOMAN HUSSIE: I am not so sure.
FRANK CARLIN: Membership required, $250 a family, right? So it is
membership pool.
COUNCILMAN MOORE: That hasn't been established.
FRANK CARLIN: Then why even go ahead with this study? It is a waste
of time, if you are not even going to use it at all? That was a waste of
time in '97.
COUNCILWOMAN HUSSIE: Okay, but it was my time and effort.
FRANK CARLIN: Why waste the money along with it, too?
SUPERVISOR COCHRAN: It is a volunteer committee.
JANUARY 5, 1999
COUNCILWOMAN HUSSIE: Nevertheless we have to start someplace, and we
are going to continue with this. Now, again, I have to reiterate this is not
a contest between what Greenport can do, and what Southold can do.
think we both are going in essentially the same direction. I don't know
where Greenport is. Mr. Kapell has never asked to see any -of our data,
nor has he offered any of his own. This is not a contest.
FRANK CARLIN: Let me saw something to you. I don't want to spend too
much time on this subject. I have another one. A year ago in November
this Town Board was supposed to sit down with Mayor Kapell maybe once
in awhile, and have meetings to discuss things. Did you ever have a
meeting to sit down with this man, and discuss things? Did you ever have
a meeting?
SUPERVISOR COCHRAN: I am glad you asked. If you would like to come
into my office tomorrow I will show you copies of the numerous, numerous
letters that have been sent to the good Mayor requesting a meeting, so we
can discuss mutual concerns. I do not get responses. I do not get phone
calls. I get nothing. I still instruct my secretary to send a letter down
almost every Friday. So, be it.
FRANK CARLIN: There is always two side to every story. That is good to
hear. Gee, we might end up with $7,000,000 or $8,000,000 on this pool. But
anyway I have lots more to say about that. I want to applaud the Town
Board for passing those two resolutions on storage sheds, and fences. That
should have been done a long time ago. I want to applaud you for passing
that resolution, but it seems to me in this town, from my experience
anyway, whenever something comes along that will benefit all the people like
you are aiming to do here, there is always some organization that wants to
come along and oppose it. A good example with the McDonald's. issue in 191 .
Linda Fletcher was carrying the flag, and demonstrating, and cocktail
parties, and all that for four and a half years, but anyway, there is always
somebody wanting to go up. The residents are going to have to police one
another. In other words, rat on one another. We don't want it to look like
the west end. I sat down, and I said to myself, there must be a way to do
this very simple. I made this format. I am going to give you each a copy.
You can read it. It is my opinion. Throw it away. It doesn't matter. How to
resolve this problem about people not knowing what is going on, or not
being aware of what is going on, and it is simple. Let me read it.
Application for a storage shed or fence, Town of Southold. You notice I
don't say, permit, because once you say permit you need money. I say
storage shed, not building. That seems to have confused people when you
see the storage shed. Well, I can put up this, and it becomes a big
building. Then we go into shed. Number one requirements. Now, you can
add to this whatever your building code requirements are. Maximum size,
no more than 10 by 10 feet, which is 100 square feet building. Bill, before
we go any further, you say we have to see what the State laws say about
this, see what the requirements are. So, what we can do. I am sure that
Riverhead done this, and I am sure Southampton done this. Riverhead you
don't need a permit for any storage shed provided it is no more than 100
square feet measured inside diameter, and meets the Town requirements.
You don't need a permit for any fence at all. In Southampton you need a
permit if the fence -is more than four feet high. I want to get that in
there, too. Number two, within proper distance from property line in
accordance with town requirements. In other words, whatever requirements
your Zoning Code requires within the fence line. Must be built above
ground. Fence, simple, no more than a four foot high maximum. Again,
must be installed within property line in accordance with town
requirements. Then you got three boxes, shed, fence, check mark off.
Now, this is something here that is important. My signature below
indicates that I have read and understand the requirements in this
application, and the applicant signs it. Now, what happens here? Four
things are going to happen here. Number one, he or she will take this
down to the Building Department, hand it in. Now they are aware what
they have do here, 'the applicant, because it will say on here, or they
should be aware what they are going to do, or what the requirements are.
They are going to hand it in. Immediately, they will be given whatever you
want to give them, a certificate or tags, not like what I went through with
a non-property line fence, waiting nine days, and pay $35.00. By doing
that you are doing three things, or four things. Number one, you are
JANUARY 5, 1999 (, W
letting the Building Department know what is going on. You are letting Tax
Assessor Department, know what is going on, because they are worrying
about who builds or what, and the person who` signs it is taking some
responsibility to also know what their requirements are, when they sign it,
and it is simple. I will give you each a copy of it. You can throw it away.
You can do what you want, and it is simple.
SUPERVISOR COCHRAN: Would you like to respond, Mr. Moore? Bill had
presented this change to the Town Board, so he will make comment.
FRANK CARLIN: It is simple. It just puts the responsibility on the
applicants, and it also gives the information to the proper people. It is
simple. Once you sign it, you understand what is going on. The Tax
Assessor goes on, the Building Inspector goes on, and finds there is a
building up there, instead of ten by ten, it is twenty, then you do your
thing. Everybody is aware of what they got to do here, and then you
eliminate this so called ratting business, or so called looking like west
end, or anything else. One more thing, while we are on this subject, this
format was written by the last administration back in 1994, fast food
restaurants, and I know that you going to say to me about the drive
through, and you are going to say to me, well, the Zoning Board of
Appeals rejected. Fine, they did. The job of the Zoning Board of Appeals
is to make variations to what you people decide on the Zoning Codes are. If
they could make up this format in 194, it didn't take them long, to me it is
ludicrous, to have amendments made to this as well. I . want to give you a
copy of this, Bill, several copies. I want to read you one item on this. It
is four pages. Advertisements including trademarks, logos, may not be
reflected, painted, or glued on to windows of the business, or on to
exterior structures, including waste disposals, receptacles, and flags.
can take you through. . ) want to show you how one sided this program was
against this McDonalds. I can take you to anyplace in this town, right
through Mattituck, show you supermarkets, and show you stores, that have
logo and signs all over the windows, but yet this man was denied to have
it. I might even add now, Alice Hussie, Louisa Evans, and even Ruth
Oliva, was part of that Board along with Tom Wickham. I remember Town
Wickham. I will never forget him. I used to come up, and he used to throw
that timer in front of my face. What made it worse yet, he used to have a
buzzer on it. Anyway look this over. And Codes, I meant amendments.
Cive the man a fair ishake like everybody else in this town, and help some
of the older people who might appreciate a drive-through in this type of
weather in the wintertime, who can't get out of their car. It might be kind
of nice and stuff, instead going to make any difference or ruin the rural
character of this town at all. I don't think nobody will lose any votes on
it either. I might come back for one more important thing later, Madam
Supervisor.
COUNCILMAN MOORE: Let me just explain a little bit about what the Code
change was as far as Building permit requirements for the town, because
the first thing that happens when you try and make a change to something
is that I think a lot of people are fearful of change, and a lot of issues
are raised as possible problems with the change you are making, and they
don't give the change a chance to even be tried first. I looked at it, and
said, gee, I didn't think we were doing anything that dramatic in changing
the Building permit criteria for the town. We were simply going back to
what the New York State Building Code establishes as criteria for building
permits, and that is generally more inclusive than not, and it simply
creates a series of exceptions from the requirements for a building permit,
and it sets forth like the ten by ten shed, and the fence, and things like
that, that you still need building permits for, things like basic repairs,
and basic alteration to your property. It was that simple, and a lot of
other issues got raised, and I didn't see the need, and the Town Board At
the time we adopted it didn't see the need for even something as. . l will use
a word you are going to hate, as bureaucratic as the form that you
suggested. Frank, I am teasing you. I know I am teasing you a little bit,
though, because our attempt was to make it simpler, that people who owned
property want to put up a shed, you are presumed or you can find out, if
you have question about it, find out, you can get answers to all your
questions. It doesn't mean you need an application or a form. It's a form,
it's a drop by the window, hey, I want to put up thus and such in my-
backyard, can I do it? Sure. You don't need to sit there, and have your
paper processed. The Assessors raised questions about it. We will see. If
JANUARY 5, 1999
U
this thing doesn't work, nothing ventured, nothing gained, but many, many
people already were not getting building permits for these structures in the
first place, never having an inkling that they were required. So, it wasn't
solving a problem by saying, well, you got to have a permit for a shed,
because people would go to Sears, and they would buy that little kit, or
they would go to the local craftsman here, and buy the shed or the gazebo,
and these things get put up in the backyard on a Saturday. People have no
idea they need , permits for it, so the permit requirement wasn't
accomplishing anything in those instances. The fence requirement, our town
does not go out as a surveyor, and make sure your fence has been put
down the property line. So, we are not making sure that, that has been
accomplished. So, a lot of big things has been raised about this thing, and
I think a lot more noise than really was warranted. If it is shown that
there is some kind of abuse, and it is not working, I am sure the Board
will go back and revisit this notification type of a process. But, no
sooner had we put it- in place, than we were told, oh, no, no, no, it is not
going to work. I say, give it a chance. We will get you a copy of the
law. If you meet the criteria for an exemption for a building permit, then
you don't need a permit.
FRANK CARLIN: You don't seem to understand why I wrote that form. I
wrote that because to let the Tax Assessors, and the people just know what
is going on, give them the knowledge because the Tax Assessors complain
about we won't be able to monitor, we won't know. The Building Department
won't know. That is the most important thing why I wrote this up for, to
let the people be aware what is going on in the Town Hall. Also, the
resident know his responsibly. That is what that means.
SUPERVISOR COCHRAN: Frank, as just a point in relation to the concern
of some, Bill and Brian, four of you are going to sit down, and just see if
there was another vehicle to alleviate some of the Assessors concerns.
There are five people that are meeting, one of Assessors, just to look at
this to see if there really is a concern. That there isn't any paper trail.
Okay? You may be hearing more about that.
FRANK CARLIN: One more thing, there are a lot of people who own homes
and a one car garage. They don't have any place to put their lawn mowers,
or their saws and stuff, and a little shed will come in handy for them. I
think that is what a lot of people are looking for, just to have a someplace
to put their lawnmower and stuff. It is . not going to ruin the rural
character of the town I don't believe. You don't have to rat on each other.
That is important,- too.,
SUPERVISOR COCHRAN: True. Anyone else like to address the Town
Board?
DONNA DZUGAS-SMITH: I am Donna Dzugas-Smith from Tuckers Lane.
First of all I want to commend the Assessors Office. They are doing very
well with the STAR Program. They are doing a wonderful job of notifying
people, and when you are there they are very helpful. It is a very good
office. The Town Board should be thankful. Also, because they are called
for other things, such as when I was doing plans, and I had to get thirty
neighbors signatures, and addresses there. They are extremely helpful
people; and they are very well organized. Moving on to my first question,
where does the moratorium for 48 stand?
COUNCILMAN MOORE: The consultant we hired has been hard at work at
that, and has been gathering up a number of studies that have been done.
He is compressing those into a report that he is going to submit to the
Town Board. So, he has not made his presentation to the Town Board. I
expect that to be done to the Board in February.
DONNA DZUGAS-SMITH: So, would the February meeting be public?
COUNCILMAN MOORE: He will make his presentation, I believe, I will
check it, I think it will be the end of February at a Work Session, a Town
Board public session. I will double check that for you.
DONNA DZUGAS-SMITH: The site plans be listed in May. Is that the
general plan?
JANUARY 5, 1999 35-"y
COUNCILMAN MOORE: We have got a deadline in June, and he is well
aware of that deadline.
DONNA DZUCAS-SMITH: Even after he brings you the information then
you have to. .
SUPERVISOR COCHRAN: We have work to do.
COUNCILMAN MOORE: He is going to make concrete recommendations, so
the Board can then execute those recommendations.
DONNA DZUCAS-SMITH: One of the concerns is, which I am sure a lot of
people are aware, is that in the meantime there are people putting in plans,
getting permits, still moving ahead. Okay? But that doesn't necessarily
mean that when this moratorium is lifted that they will go through with
their plans, and claim not hardship, they did all this work, and say the
moratorium does successfully eliminate some parcels, whether they are
business zoned or whatever, and they are zoned agricultural, or
residential. Do you understand what I mean?
COUNCILMAN MOORE.: I understand completely.
DONNA DZUCAS-SMITH: There is one in particular that everyone is well
aware. It was overlapped into your Code Committee. Okay? What fits into "
business, they are still rather gray areas. They are not specific enough,
and maybe someday the Code Committee can get to that, too.
COUNCILMAN MOORE-: I think that is going to be some of the .consultants
recommendations as well as getting those things together.
DONNA DZUCAS-SMITH: And making it quite specific as far as what is
allowed. I don't want to get into who I am referring to. because I don't
think it is appropriate at this meeting. The other thing, because we have
to remember that time frame. One other thing, Alice, I read it in the paper
and kind of referred back to you, was there is a person who wants to build
a building on 48, and they referred to your building that you proposed for
a recreation gym and pool center, being similar to what he wants to build.
Mr. Cray is claiming his storage facility, he claims, is going to look very
similar to what you are recommending for a town building, recreation
center. I wonder if that is really true.
COUNCILWOMAN HUSSIE: This is the first time I am hearing it.
DONNA DZUCAS-SMITH: It was in one of the December issues of the
paper, local paper.
SUPERVISOR COCHRAN: Have you seen Mr. Gray's building?
COUNCILWOMAN HUSSIE: No.
SUPERVISOR COCHRAN: Has he seen ours?
COUNCILWOMAN HUSSIE: No.
DONNA DZUCAS-SMITH: I was told you were going to get new notices for
public hearings, etc., but in the meantime there is many Work Sessions
going on about his building. One of the things he is quoted as saying was
that, what is all this hoopla about building metal storage buildings, and
having them fit into Southold. The Architectural Review committee and the
Planning Department was trying to ask him to make it out of other material,
whatever, to make it.fit more in.
COUNCILWOMAN HUSSIE: The proposed building, the one that we are
working on as a sort of model is not metal.
DONNA DZUCAS-SMITH: No, he is claiming your building. .
COUNCILWOMAN HUSSIE: The model is not metal.
DONNA DZUCAS-SMITH: He is claiming your building, so you are not
proposing a metal building, and you are not proposing like a Morton?
JANUARY 5, 1999
COUNCILWOMAN HUSSIE: No.
SUPERVISOR COCHRAN: Come in and see the plan.
COUNCILWOMAN HUSSIE: One of the things that I think about this
Recreation Center or Family Activity Center is that it has to look charming,
warm, and welcoming, and I don't think a metal building has those
properties. People have to want to come to it.
DONNA DZUCAS-SMITH: That's good. It was just that was something that
was written, and he referred to it as if it was the same material that he
was suggesting. That's good to hear.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
FRANK CARLIN: I went to pay my taxes here. When I came in, the line
was where the bulletin boards are there. I was waiting in line there. We
looked like soldiers. I was waiting about five minutes. Some people walked
out. I couldn't figure out why. When I got up to the window with two
computers there. The one I was on kept going off the line. Either we have
a problem with the computers, programmed right, overheating, or perhaps
the voltage in the room is not regulated, dropping off. I was waiting there
before I got up there. I was about ready to go out and get my cellular
phone, and call my wife to bring me lunch. Then if I did I would have lost
my place in line, and I would have had to went back out, and call her to
bring my dinner. Anyway when I got finished, I walk out, the line was all
the way out to the front door here. Some people went home. That was so
funny. I remember years ago when we used to come and pay our taxes, go
up to the window, you had your tax bill. There was a machine there like a
typewriter. A woman put it in the machine, and stamp it, you would be
out. Now, with this age of computers, we wait there so long. There is
something wrong. I am not a computer specialist, but to me the computer
kept going off line, either it too small to handle that type of capacity. I
am sure a lot of people would agree with me on that one.
SUPERVISOR COCHRAN: Frank, from what I understand, and these
machines are new, what I understand is that there was a problem. They
were having a problem, and the young man that is responsible for our
computers functioning properly came in over the weekend, and worked quite
extensively with a lot of time trying get these kinks, and these bugs out of
it, so I don't know if it was better today and yesterday, but I know there
was a problem before the weekend. So, hopefully, it has been straightened
out.
COUNCILWOMAN HUSSIE: Along those lines, you generally don't know it
until you get up to the window, there is a box there, so that if you have
your check and your bill, and you put it in an envelope, you can just drop
it in the box. You don't really have to wait to go through that.
FRANK CARLIN: Yeah, but don't you want to get your receipt? If I am
going to stand and wait for two hours I am going to mail it.
COUNCILWOMAN HUSSIE: I agree but a lot of people do that.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
(No response.) If not I will entertain a motion to adjourn.
Moved by Councilman Moore, seconded by Councilman Murphy, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
8:15 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Eli Beth A. Nevil
Southold Town Clerk