HomeMy WebLinkAboutTB-03/02/1999 SOUTHOLD TOWN BOARD
MARCH 2, 1999
WORK SESSION
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.
9:17 A.M. - The Town Board opened the work session with IV. For Discussion
Items. IV. 1. - Noise Ordinance. Supervisor Cochran informed the Board that
the reason she placed this on the agenda was because she had a letter regarding
the planned music for the General Wayne Inn. She would like to see it go to the
Code Committee, but would like to See it come back in a limited amount of time.
Councilman Murphy suggested that no amplified music'
usic should be allowed outside
of the building, inside O.K., but not outside, and predicted that this should be
easily enforceable. Edward Forrester, Director of Code Enforcement advised that
Chapter 71,Public Entertainment and Events provides for permits to be issued in
certain instances. He said that a noise ordinance could generate complaints about
roosters, crows, etc. By keeping it in the permit process, if we are going to
allow it to happen, at least we can control it. Councilman Moore suggested
setting a time limit on the music, i.e. no music after 10:00 P.M. The vineyards
are allowed catered parties as long as the food is not cooked on the premises
The General Wayne is zoned hamlet business. Different hours and limits should
be placed on the vineyards vs. the General Wayne. Councilmen Moore and
Romanelli will work on this in the Code Committee. IV. 2. Study of Town Hall .
HVAC System. Supervisor Cochran stated that they will have to decide which
direction to go in on this. She said that she would like to call upon Councilman
John Romanelli for his expertise in this field. It will be held for two weeks, at
which time Councilman Romanelli will report back on it. IV. 3. Possible placing
of skateboard ramp on Town property.on Fishers Island. Justice Evans advised
that she has been approached by some high school students about a skateboard
ramp they are proposing to locate back behind the parade grounds where there
is some cement. She asked what direction she should proceed in, should she
contact Stype regarding liability? The ramp has already been built in a high
school technology project in class in school. Justice Evans was advised to
pursue it through Stype Insurance Agency. . IV. 4. Establishment of a Public
Utility Agency. Justice Evans said that we need to put a number, a dollar
amount into the proposal. Town Attorney Yakaboski said that was the reason he
wanted to contact Suffolk County, to see if he couldn't grab a number to plug
into it. Councilman John Romanelli suggested sending it to the Attorney
General's Office for an opinion and adopting a resolution to explore to see what
we could do. Justice Evans asked if there weren't some dollar figures in the
Power Alternatives report that we could pull out and use. Town Attorney
Yakaboski said that he thought this might be possible. Supervisor Cochran said
that she would like the Town Attorney to call Congressman Forbes office to see
if they can't provide us with something from a federal view point. See
Resolution No. 22 to refer it to the New York State Comptroller's Office, the
Commission for opinions with copies to our Assemblywoman Patricia Acampora,
Senator Kenneth LaValle, and Congressman Michael Forbes. IV. 5. Community
Preservation Fund and Staffing; IV. 11. Proposed Department of State Agreement
Re: CIS Implementation. Councilman Murphy felt that these two items were tied
together. ; The 2% Community Preservation Fund will take effect as of March 1st.
However, most transactions will not see anything until May. Most transactions
coming in now have had a previous contract. We have a CIS grant for $18,000.00
that the State is telling us we have to move on or lose. It was proposed at the
last meeting that we add a person to the. planning department because Melissa is
being split into two duties, half community preservation fund and half to
Valerie. Councilman Murphy said that we have the $18,000.00 in the grant this
year for this position and will have to match it, yes, but this person could in
54 MARCH 2, 1999 SOUTHOLD TOWN BOARD
the future be used to do some of the duties "in house" that we are currently
under contract with the Peconic Land Trust for. A savings can be justified in
the long term. Councilwoman Hussie questioned what the Peconic Land Trust has
done under their contract. Councilman Murphy said that to date $8,000.00 out
of the $20,000.00 has been spent and there are itemized vouchers available for
what they have done. Councilman Romanelli said that perhaps IV. 8. Fast
Tracking ties into this too. Supervisor Cochran suggested setting some time
aside at the next meeting and bringing in the Planning Board Chairman Bennett
Orlowski, Jr., Valerie •Scopaz, Melissa Spiro, Bob Kassner, Edward Forrester,
Jamie Richter, and Jim McMahon to sit down at a work session in the morning
and put their heads together to see what they can come up with to streamline
and fast track the planning/building processes. Councilman Romanelli said that
his own building was a good example, the public hearing was left open for weeks
and everything was halted, when things could have been going on at the same
time and progressing, they weren't. Councilman Murphy said that this extra
planner would earn their keep by bringing in grants too, they would not be
strictly for the Planning Board, they would be used to do legwork on other
projects within the town. Councilman Murphy said that we can take and hold the
$18,000.00 and use part of it 'towards the 'hiring of 'a staff person, you don't
have to pay that person $36,000.00, you could pay them $26,000.00 and use the
rest towards something else. The next Town Board meeting is March 16, this
grant is due back by March 19. Councilman Murphy said that this is a
necessary position and will be • even after the end of the 2%. Preserving the
farmlands and managing the parks and parklands. It is going to be very busy
over the next two years when the money starts pouring in. Melissa may have to
be full-time towards the 20 preservation. Supervisor Cochran said that she will
have to train someone else to do her job of reviewing of subdivisions. The
morning workshop at the next Town Board will be divided into two parts: 1 .
Fast Tracking; and 2. Planning Duties. The aforementioned will be invited and
be advised to be prepared for all the topics to be discussed. IV. 5. Community
Preservation Fund and Staffing The Rules and Regulations were reviewed by the
Board. Town Attorney Yakaboski set forth the following conditions that he
would like to see incorporated into them: 1 . A written Real Estate Contract
Which is notarized and entered into prior to March 1st. 2. Copy of cancelled
down payment check. 3. Attorneys affirmations that the contract was entered
into prior to March 1st and there has been no change in it since. If there is a
problem, there will be an appeal process to the Town Board. Affirmations under
the penalty of perjury wi-II be accepted. The Board gave Greg the go ahead to
write the letter to the County. Supervisor Cochran informed that it is an
"Informational Brochure" and that she would like it reviewed and some changes
made. IV. 6. Request from Peconic Land Trust for resolutions re: purchase of
development rights. The Peconic Land Trust has suggested that we pass two.
resolutions. But the Land Preservation Committee has suggested that they
should be held for further study and information. IV. 7. Request from
Mattituck-Cutchogue PTA for D.A.R.E�. Program for 7th 8 8th grades.
Supervisor Cochran will ask the schools to evaluate the different programs. Not
just one program reaches all children. Sometimes you need two or three
different types of programs to reach all children. (IV. 8. Fast Tracking,
already discussed) IV. 9. East-West Fire District negotiations will be discussed
in Executive Session. IV. 10. Renting Feather Hill for $700 a month for Tax
Receiver's Office. Councilman Romanelli is proposing renting space in Feather
Hill at $1 .00 per square foot/$700.00, units 7,8, and 9 where Ink Spot Printing
used to be located to move the Tax Receiver's Office . out of Town Hall to make
room to move some of the Departments out of the basement. The Board
discussed this and was of the opinion that they are closely related to the
Assessors Office and records, therefore, it might not be a good idea to separate
them. Supervisor Cochran said that he will have to evaluate how departments
relate to one another and determine who you could separate from one another.
This item will be brought back on the agenda as a IV. for Discussion Item.
The Town Board recessed for a; 10 minute break 'at 10:45 A.M.
11:00 A.M. The Board discussed the dredging .project at Goldsmith's Inlet.
The second round of interviews for the Assistant Staff Town Attorney will be
held this afternoon beginning at 1:'30 A.M.
On motion by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town, of Southold enter into Executive
Session at 11:16 A.M. for the purpose of discussing personnel, contracts, and
negotiations. Vote of the Town Board: Ayes: Councilman Moore, Councilman
Romanelli, Councilman Murphy, Justice Evans, Councilwoman Hussie, Supervisor
Cochran. Also present: Town Clerk Elizabeth Neville, Town Attorney Gregory
Yakaboski. Supervisor Cochran left this session at 12:30 P.M. before the start
of the discussion on Police Chief's contract.
SOUTHOt"64OWN BOARD MARCH 2, 1999 5 5,
Executive Session ended at 12:55 P.M. at which time the Town Board recessed
for lunch.
1:52 P.M. Scott Russell was asked to the Board meeting to talk about the San
Simeon law suit. It was turned down by the courts 5-0. The Assessors talked
to Dick Cron who said that he didn't think it would be worthwhile to appeal.
Councilwoman Hussie asked for ideas for the brochure for the Solid Waste
Committee. Composting, Recycling, raising funds for the S.O.A.R. Program were
offered by the Board. Supervisor Cochran announced that she has asked the
Historian to work on a booklet of the pictures that are on the walls in the
hallways for the year 2000. Supervisor Cochran asked that the historical
research fees be put back on the agenda for the next meeting.
2:58 P.M. James Bunchuck, Solid Waste Coordinator advised the Town Board that
an Edwards Super Store is going in Smithtown and they have excavated sand
they would like to get rid of. Resolution No. 25 was placed on the agenda to
authorize the Supervisor to execute a contract with Terry Contracting, and
Materials, Inc. for the delivery of this sand to the Town of Southold.
On motion by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold enter into Executive
Session at 3:15 for the purpose of discussing personnel. Councilman Moore,
Councilman Romanelli, Councilman Murphy, Justice Evans, Councilwoman Hussie,
Supervisor Cochran. Also present: Town Clerk Elizabeth Neville, Town Attorney
Gregory Yakaboski.
Executive Session and work session, ended at 3:35 P.M.
MARCH-2, 1999 SOUTHOLD TOWN BOARD
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on March 2,
1999, 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 March 2, 1999?
Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $76,883.19; General Fund
Part Town bills in the amount of �$14,344.62; General Fund Part Town bills
in the amount of $14,344.62; Highway Fund Whole Town bills in the amount
of $22,352.67; Highway Fund Part Town bills in the amount of $2,887.72;
Capital Projects Account bills in the amount of $375.00; Landfill Cap E
Closure bills in the amount of $10,832.71; Open Space Capital Fund bills in
the amount of $2,000.00; Employee Health Benefit Plan bills in the amount of
$5,252.00; Fishers Island Ferry District bills in the amount of $20,266.92;
Refuse and Garbage District bills ' in the amount of $2,813.42; Southold
Wastewater District bills in the amount of $556.72; Fishers Island Ferry
District Agency & Trust bills in the amount of $190.34.
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 the minutes of February 18, 1999,
Town Board meeting.
Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the February 18, 1999, 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 the next regular Town Board meeting for
Tuesday, March 16, 1999, at 4:30 P.
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 4:30 P.M., Tuesday, March 16, 1999, at the Southold Town Hall,
Southold, New York. ,
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, - Justice Evans, Counci.lwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SOUTHOLD TOWN BOARD MARCH 2, 1999 5 ,7
I. REPORTS.
SUPERVISOR COCHRAN: As you know each month the Town Board
receives reports from all committees and departments. They are on file with
the Town Clerk. They are public information. If there is any area that you
are interested in, please, feel free to come in, and obtain the information.
1 . Southold Town Building Department Monthly Report for January,
1999.
2. North Fork Animal Welfare League Shelter Report for January, 1999.
3. Southold Town Personnel Leave Time Summary Report for January,
1999.
4. Southold Town Town Clerk's Monthly Report for February, 1999.
5. Southold Town Scavenger Waste Treatment Facility for February,
1999.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: As far as Public Notices are concerned there is
one in relation to irrigation on one of our local vineyards, and you have
the opportunity to write comments by March 19th.
1 . New York State Department of Environmental Conservation Notice of
Complete Application of Pellegrini Holdings LLC to install an irrigation
well for the purpose of irrigation of vineyard land at 42100 Main Road,
Peconic, Town of- Southold. Written comments by March 19, 1999.
III. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we had a thank you from
Maureen Ostermann, who is President of the Southold Historical Society to
Ed Forrester, department head of our Building Department for his
thanks. We had a letter from the Fort Corchaug Management Committee
from Ronnie Wacker, and Stan Rubenstein in relation to the Fort being
designated as a National Historic Landmark. Ike - also had a letter from the
US Nuclear Regulatory Commission in relation to the Millstone Plant to
myself, and anything that comes into myself is also copied for the Town
Board. From John G. Rowland, who is the Governor of Connecticut, and
he responded to our resolution, that we passed calling for the shutdown of
Millstone, and that is also on file if you are interested in seeing it.
1 . Maureen Ostermann, President of Southold Historical Society to
Edward Forester in regard to the Southold Historical Society.
2. Ronnie Wacker and Stan Rubenstein, to committee members of the
Fort Corchaug Management Committee in regard to National Historic
Landmark Designation.
3. US Nuclear Regulatory Commission to Supervisor Cochran in regard to
Millstone plants.
4. Governor. John G. Rowland of Connecticut to Supervisor Cochran in
regard to Millstone.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy, that
at this, point before doing the business of the resolutions, and passing
them, that anyone in the audience, if you would like to address the Town
Board, or ask any questions or input in relation to any of the resolutions,
I will ask that now. There is also time at the end of the Board meeting,
where the public is invited to share with us anything that they would like
to in relation to Town business. So, at this point, is there anyone who
would like to address ; the Board in relation to any of the resolutions, that
are printed on the agenda? (No response.).', If not, we will begin with the
passage of those resolutions.
5 :C7 MARCH 2, 1999 SOUTHOLD TOWN BOARD
1 .-Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Southold Town Police Department 1998 budget as follows:
To:
A.3120.4.100.125 Law Book Service $ 6.95
A.3120.4.100.900 Miscellaneous Supplies 10.00
A.3120.4.400.800 Photo Service 351 .54
From
A.3120.4.100.550 Flares, Oxygen, Ammunition 368.49
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 Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Public Safety Communications 1998 budget as follows:
To:
A.3020.2.200.700 Communication Equipment $ 60.00
A.3020.4.400.600 Equipment Maintenance 8 Repairs 236.00
A.3020.4.600.200 Meetings 8 Seminars 75.00
From• D
A.3020.4.100.550 Equipment Parts/Supplies $ 371 .54
2.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
3.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Southold Town Marine Division 1998 budget as follows:
To:
A.3130.4.500.400 Fishers Island Bay Constable $ 166.80
From
A.3130.4.200.100 Cellular Telephone $ 166.80
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, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Southold Town Juvenile Aide Bureau 1998 budget as follows:
To:
A.3157.1 .100.500 Holiday Earnings $ 66.25
A.3157.4.400.600 Typewriter/Equipment Maintenance 67.50
A.3157.4.600.150 Student Supplies 10.40
From
A.3157.4.600.200 Training $144.15
4.-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 Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regrets, the resignation of Arthur Nichols from the position of
part-time van driver for the Southold Town Human Services Nutrition
Program, effective February 26, 1999.
5.- Vote of the Town, Board: Ayes; • Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SOUTHOLD TOWN`BOARD MARCH 2, 1999
6•-Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes fro the
position of part-time van driver for the Southold Town Human Services
Nutrition Program, 17' 1/2 hours per seek, at a salary of $6.45 per hour.
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 Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Wayne Langer, Eagle Scout Candidate, Troop 6, Southold,
to restore the grassland fields on Town of Southold property on
Marratooka Lake, as part of his Eagle Scout Project.
7.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
8a.- Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regrets, the resignation of Diana Van Buren from the Southold Town
Architectural Review Committee, effective immediately.
8a.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
8b.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for members of the
Southold Town Architectural Review Committee,
8b.-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 Justice Evans, 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 an agreement
with Diversified Technologies Corporation for engineering services for th
Fishers Island Sewer District, effective January 1, 1999 to December 31,
1999, all in accordance with the approval of the 'Town Attorney.
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 Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
designates the Chief Inspector and/or each of the duly appointed inspectors
of Electrical Inspectors, Inc., East Meadow, New York, as Electrical
Inspectors of the Town of Southold, to make inspections and reinspections
of all electrical installations, all in accordance with Chapter 43
(Electrical Inspections) of the Code of the Town of Southold; and be it
further
RESOLVED that the Electrical Inspectors, Inc., in accordance with
Chapter 43, Section 43-2 of the Code, shall provide the Town with a
Certificate of Liability Insurance in the ,::amount• of Five (5) Million
Dollars, naming the Town of Southold a's an additional 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.
60 MARCH 2, 1999 SOUTHOLD TOWN BOARD
II .-Moved by Councilman Moore, seconded by Councilwoman Hussie,
WHEREAS, a resolution was adopted by the Southold Town Board on
February 2, 1999, granting permission to the Association for. the Help of
Retarded Children (AHRC) Long Island Chapter, to use Moores Lane,
Greenport, New York as the starting point for their "Laurel Run" on May
1, 1999; and
WHEREAS, the Superintendent of Highways has determined Moores Lane,
Greenport, to be a Village of Greenport owned and maintained highway;
now, therefore, be it-
RESOLVED that the Town Board of the Town of Southold hereby
RESCINDS RESOLUTION NO. 3 OF THE FEBRUARY 2, 1999 should Town
Board meeting, which resolution reads as follows:
RESOLVED that the Town Board of the, Town of Southold hereby grants
permission to the Association for the Help of Retarded Children (AHRD)
Long Island Chapters, to use Moores Lane, Greenport, as the starting point
for their "Laurel Run", on Saturday, May 1, 1999, beginning at 10:00
A.M., provided they file with the Town Clerk a One Million Dollar
Certificate of Liability Insurance naming the Town of Southold as an
additional insured, and be it
FURTHER RESOLVED that the Town Clerk notify the Association for the
Help of Retarded Children (AHRC) Long Island Chapters, to apply to the
Village of Greenport as the owner of Moores Lane, Greenport, for the use
of this road for their event.
SUPERVISOR COCHRAN: We gave permission for an event on Moore's Lane,
but it is not our jurisdiction. It' is the Mayor's prerogative to. give
permission to use that particular highway, so we have rescinded the
resolution. We apologize.
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 Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for bids for One (1)
Used Articulated Off-Road Truck for Use by the Solid Waste District.
12.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor. Cochran.
This resolution was duly ADOPTED.
13.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to James Bunchuck, Solid Waste Coordinator to attend the 1999
Federation of New York Solid Waste Associations Spring Conference at
Saratoga, New York, on April 26 and 27, 1999, and all necessary
expenses for travel, food, and lodging shall be a legal charge against the
1999 Solid Waste District budget.
13.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
14.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold authorize and
direct Supervisor Jean W: Cochran to execute an agreement with the
following individuals for the spring 1999 recreation Programs, all in
accordance with the approval. of the town, attorney.
SOUTHOLD TOWN BOARD MARCH 2, 1999 6 1 .
Lisa Baglivi (drawing)............................................................... $25/hour
Thomas Boucher(guitar).............................................................. $20/hour
Elizabeth Byron(poetry)......................................... . .................. $20/hour
Eugenia Cherouski (folk dancing)................................................. $20/hour
Shirley Darling(tennis)...:.............................................................. $20/class
Lauren Egan(Adult CPR).............................................................. $50/person
(Pediatric CPR)......................................................... $35/person
(Recertification)....................................................... $25/person
East End Insurance Services (Defensive Driving).......................... $30/person
Bob Fisher(computers)................................................................. $25/hour
Dan Qebbia(dog obedience)......................................................... $45/dog
Carol Giordano (Baton)...................................................................$20/class
David Haurus (golf).........................................................................$38/person
Hidden Lake Farms (Horseback Riding).......................................... $165/person
Mattituck Lanes (Bowling)..............................................................$32/person
Frances Moran(Drawing).
$20/hour
Network Media Resources(cruise the internet)............................ $25/hour
Oceans of Fun Ceramic Workshop............................................... $55/person
Martha Prince(Aerobics)............................................................... $20/hour
Theresa Pressler(youth program)............................ $20/hour
Christina Speiser(cake decorating)................................................. $20/hour
Peter Torrey(financial management)............................................ $20/person
Yola Van Huele (ballroom dancing)............................................. $25/hour
Chris Vedder(golf)............................................................ ... $38/person
Dorothy Wolf(bridge)..................................................................... $25/hour
14.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
15.-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Supervisor Jean W. Cochran to execute an agreement with the
New York State Council on the Arts, as part of the Technical Assistance
Grant for the Whitaker/Thompson House, subject to the approval of the
Town Attorney.
15.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
16.-Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of Albrecht, Viggiano, Zureck E Company, P.C., to
conduct an audit of the books and records of the Town of Southold and its
grant programs for the year ended December 31, 1998, at a total fee of
$17,250.00 ($15,000.00 for the audit for Whole Town; and $2,250.00 for the
Community Development Program); and be it
FURTHER RESOLVED that the Town Board of the Town of Southold
hereby authorizes and directs Supervisor Jean W. Cochran to execute the
letter of engagement for the aforementioned services.
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 Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town 'of Southold hereby modifies
the General Fund Whole' Town 1999 budget as follows:
Revenues: .
To:
A.3089.80 State Aide ,
Dept of State Grant $ 2,200.00
Appropriations:
A.7110.4.400.300 Park & Beatch Facilities, C.E.
Contracted Services $ 4,000.00
62 MARCH 2, 1999 SOUTHOLD TOWN BOARD
From:
A.1990.4.100.100 Contingencies, C. E.
Unallocated Contingencies 2,200.00
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 Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the closure of Cases Lane, Cutchogue from 6:00 P.M. to 10:00
P.M., Saturday, August 14, 1999, as a safety precaution during the
Nineteenth Annual Douglas Moore Memorial Concert to be held on the
Cutchogue-New Suffolk Historical Council's Village Green, New York State
Route 25, 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 additional insured.
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.E Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Abby Cochran and Jaclyn VanBourgondien as youth members (between
16 and 21 years of age) of the Conservation Advisory Council, for a two
(2) year term, effective March 23, 1999 through March 23, 2001 .
SUPERVISOR COCHRAN: I am going to recluse myself, because this is my
granddaughter. We had two applications and two vacancies. I did not sit in
on the interviews, but I would like to say, Abby, Grandma is very proud
of you, so I will recluse.
19.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie. Abstain:
Supervisor Cochran.
This resolution was duly ADOPTED.
20.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Southold Town Tree Committee to place advertisements in
the Suffolk Times and the Traveler-Watchman to promote their Memorial Tree
Committee, said cost not to exceed $750.00.
20.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
21 .- Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Carol Kalin, Town Attorney's Office to attend a seminar for
legal secretaries and paralegals entitled "Law Office Management and Ethics"
on March 3, 1999, at the Suffolk Academy of Law, at Hauppauge, and all
necessary expenses for . registration, and travel shall be a legal charge
against the Town Attorney's 1999 budget.
21 .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore,, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
22.- Moved by Councilman Murphy, seconded by Councilman Moore,
WHEREAS, the Town of Southold des.tres- to provide Southold residents
and businesses with low cost power;
WHEREAS, the Town has the right to , seek, .,opinions from the New York
State Attorney General and the New York State Comptroller;
WHEREAS, the Federal Energy Regulatory Commission is the Federal
regulatory body with respect to energy;
SOUTHOLD TOWN BOARD MARCH 2, 1999 63
BE IT RESOLVED that the Town Board of the Town of Southold hereby
directs the Supervisor to seek the New York State Comptroller's opinion as
to whether, pursuant to GML section 360 (3), the Town can issue Town
checks on behalf of the Southold Electric Utility Agency, even if the Town
Would be subsequently fully reimbursed, if the Town Board resolution
forming such a Utility Agency states that the "maximum and estimated costs'
is zero ($0.00);
BE IT FURTHER RESOLVED that the Town Board of the Town of
,Southold hereby directs the Supervisor to seek an opinion from the New
York State Attorney General as to the rights and powers of a Municipal
Electric Utility Agency formed pursuant to Article 14-A of the General
Municipal Law given the fact that the Long Island Power Authority has been
created;
BE IT FURTHER RESOLVED that the Town Board of the Town of Southold
hereby directs the Supervisor to submit the proposed plan of the Southold
Electric Utility Agency to the Federal Energy Regulatory Commission for an
opinion as to whether the Town of Southold can "wheel in" low cost power
to the Town residents and businesses pursuant to the 1992 Energy Policy
Act.
COUNCILMAN MOORE: I wish to make a comment. This was a subject for
Town Board discussion at our Work Session today, and I think it shows
that the Board truly does want to seek out, provide, if at all possible, low
cost electricity to the business people and residents of the Town. LIPA
is not going to take kindly to this, if we can pull this off, and so the
discussion around the Board today was, let's make absolutely certain that
we dot our is and cross our t's. It is a three prong request here. One
has to do with the form of the resolution involving money spent, and not
spent, and so we seek advise from State Comptroller on that issue. The
second phase is a question relating to the State Attorney General, and that
has to do with the conflict between the LIPA legislation, and the State
Law, and the third one, most important one, is to get a ruling from the
Federal Energy Regulatory Commission, so that regardless of what State
Law says we can or can't do, that we can actually do this through the
Federal Law that governs this new era of utilities, and de-regulation, and
competition in the marketplace and everything else. This is being fast
tracked. We have until August to get this put together in a form where it
can be a referendum for November. With this information we should be in a
position to make the best possible decision, and give it the real
opportunity that this Board sincerely wants to see happen in town, so I
thank the Board for putting this together.
COUNCILWOMAN HUSSIE: I wish I could be more upbeat about this
resolution, but as I see it, it is one more move in the continuing vein of
how to say, no, and try to make it mean, yes. The questions that must be
asked are, how strong and far reaching the Long Island Power Authority
stranglehold is on the people of Southold Town, and is Southold going to go
belly-up, and bear the injustices visited upon it by the LIPA association?
We should form our utility agency, and devote our minds and energy to get
out_ of this financial prison. Remember the LIPA deal is a thirty-three
year sentence, and for some that is a life sentence, and the punishment is
about to become more severe in the next couple of years. With four votes
the passage of this resolution is already passed to play the game further. I
have no interest in continuing the farce.
22.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. No:
Councilwoman Hussie.
This resolution was duly ADOPTED.
23.-Moved by Justice Evans, seconded by Councilman Murphy,
WHEREAS, John A. Bertani, William Walters, and Anthony Pagoto
have made application to the Town Board of the Town of Southold to
dedicate certain roads. in Southold, New York,, to be known as "BROOK
LANE AND DRAINAGE AREA", as shown on subdivision map entitled, "Map
of Reydon Court", filed in the Office of the Clerk of the County of
Suffolk on September 17, 1987 as Map No.. , 8395, together with release
executed by the owners thereof; and
64 MARCH 2, 1999 SOUTHOLD TOWN BOARD
WHEREAS, the Southold Town Superintendent of Highways has inspected
the said highways and has advised the Town Board that said proposed
highways comply in all respects with the specifications for the dedication
of highways in the Town of Southold; now, therefore, be it
RESOLVED that in accordance with Section 171 of the Highway Law of the
State of New York, consent be and the . same is hereby given to the
Superintendent of Highways to make an order laying out the aforesaid
highways, to consist of lands described in said application as shown on
certain maps attached to said application; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is
authorized and directed to forthwith cause the dedication, release, and deed
to be recorded in the Office of the Clerk of the County of Suffolk, New
York.
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 Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an agreement
with Dvirka & Bartilucci Consulting Engineers to provide professional
engineering services required to implement closure of the Southold Landfill.
24.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED'
25.-Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Supervisor Jean W. Cochran, or Deputy Supervisor, William D.
Moore, to execute an agreement with Terry Contracting and Materials, Inc.
("Terry Contracting") to accept the delivery of approximately 8,000 cubic
yards of fill at the Town of Southold Landfill. Terry Contacting to pay the
Town $8.00 per cubic yard to fill. The fill shall meet with the
requirements established by Dvirka and Bartilucci and shall come
exclusively from the property on which an Edwards Supermarket is being
constructed in Smithtown.
25.-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 do not have any public hearings this evening.
At this time if there is anyone that would like to address the Board on any
Town business we would be very happy to entertain your comments.
JACK FOSTER: Jack Foster, Main Road, Cutchogue. I was at your Work
Session this morning, and I am here in regards to the noise ordinance
situation. I think you are on the right track, and I heard what you said
about a noise ordinance being a problem, because they complained because
the roosters were crowing, but eventually I think we are going to need
one. I don't think progress is going to let us get back without one. One of
the issues that you missed with the problem with the vineyards is that the
wedding starts when they get there at the vineyard, the music starts. You
have all been to a wedding.. What I hear in my house is what you hear at
the table at the wedding. That is how loud it is. It is not the problem that
they should be quiet when you want to go to sleep. It is a problem that the
whole thing is too noisy. It is a repetition of music that is not even
befitting to the situation.
SUPERVISOR COCHRAN: So, it is the level.
JACK FOSTER: Yes, ..it is .high, and now I have two vineyards that I hear
from my house. Crist'ina just started la'st,',fall, this past fall, they had a
wedding there on Sunday night. I heard it ,at my house. It is 4/10th of a
mile to the vineyard. " It is a long ways, and it is too much noise, and I
know nobody there. . ) don't think you really know the depth of the noise
that they: create. It is not a thing that I .want them to quiet down at ten,
and stop ,at eleven. From the beginning it is too much noise. It is like
SOUTHOLD TOWN BOARD MARCH 2, 1999 6 5
living next to a disco, because weddings are for young people, and young
people their music don't go with most of the music, so, I mean, this is what
has really haunting us almost going on three years.
SUPERVISOR COCHRAN: You were at the Work Session this morning.
JACK FOSTER: Maybe I can be involved when it goes to Code, if I can, to
clarify the part that it is a constant noise.
JUSTICE EVANS: You can attend the Code Committee.
JACK FOSTER: Yes, and Mr. Forrester said he would contact me, and let
me know when it was. Is it scheduled that we know now?
COUNCILMAN MOORE: Not on this topic. I jotted down your name, Mr.
Foster, I will make sure you get the notice of when that is up for
discussion.
JACK FOSTER: Very good. Thank you very much.
SUPERVISOR COCHRAN: Anyone else?.
HOWARD MEINKE: My name is Howard Meinke. At this point you have
done so well on the preservation front with the $2,000,000 Southold bond
issue again, and the 20 Community Preservation Fund, and the $62,000,000
Greenways Bill from Suffolk County, that it seems as though there is
going to be additional activity passing through this town to spend. that
money wisely, and I think that the activity in the Planning Department will
increase, because of all those things going on, . and,;:"l don't think we should
not jeopardize the progress of the Planning Department, and I know that in
the Work Session you talked about hiring and increasing the manpower of
the Planning Department, and I know there is another group that says,
well, the Planning Department is inefficient. I just think if you fixed it
up, it would work. Well, there is probably some error on both sides, but I
think the anticipation of increased workload is really there, and I think
that with everything that has proceeded this do not keep up the Planning
Department, and jeopardize the good things we have done with the town at
stake. More recently some of us went to a Long Island meeting, and there
was a general opinion there that the Planning Departments, and capabilities
in municipalities in general were not keeping up with the load, and this is
a potential bad thing for the whole area out here. We know that the New
York Department of State recognizes this, and they have made a provision
to get grants for salaries to support this, so it is our position that we
should beef up the Planning Department. Yes, it should be time and motion
study, and all that good stuff, because I am sure things can run better,
but I think the consistent snipping at let's just reduce, the things they
look at, and get rid of site plans, get rid of this, get rid of that, is the
wrong approach. I think it should be made to run better, and it should
have the horsepower to do a job correctly, because there is a bigger job
coming than there is there now. Thank you.
SUPERVISOR COCHRAN: Thank you. Is there anyone else that would like
to address the Town Board? Donna?
DONNA DZUGAS-SMITH: Donna Dzugas-Smith, Southold. It's March, and
I had asked you a couple month ago about how' the moratorium stood, and
you said in February there would be some sort of presentation.
COUNCILMAN MOORE: The end of February, early March, the consultant
took a deserved two week vacation in March. I am messed up, we did an
audit for '99. In February, so I owe him a phohe call tomorrow to see how
he is doing with that. In my book we are ahead, of: schedule, but behind.
66 MARCH 2, 1999 SOUTHOLD TOWN BOARD
DONNA DZUGAS-SMITH: I think we all are. As residents of Southold I am
sure we all are, but the thing is I see so many studies, like Mr. Jones'
study. That is a wonderful study. How many studies we had, and. how
many presentations we had we need decisions. We need people to take a
stand, and people to say, this is the way Southold is going, and this is
what we have to do to make it going, and not everybody is going to like
those decisions, and they are. not going to be liked by everybody. We are
coming down to the wire, and in the meantime people are still handing
plans, and still working on things, and if that moratorium is lifted in June
with hardly anything done.
COUNCILMAN MOORE: He is well aware of the deadline he is working
under. He knows he is going to put them together. He even knows that
process of what we have got to do to meet that deadline.
DONNA DZUGAS-SMITH: You know, changes don't come too quickly here,
Code things and everything. I realize, Mrs. Hussie summed it up, you can
put as much work into things that you want, but if you take a stand, if
you don't say, you know what we are going to make it work. We are going
to decide on this, we are going to make it work. It is never going to
happen anyway no matter what study you do.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
(No. response.) If not, I will call for Board reports. John, anything to
report?
COUNCILMAN ROMANELLI : I just want to make one comment on the electric
utility. I think Alice made some strong comments out of frustration. One of
the things. we did today was send a reading off to the Attorney General.
The Attorney General Elliot Spitzer is the top Democrat in the State, and
also, he campaigned on the LIPA problem and the situation then as it has
come about where you are really having a hard time forming a municipality,
so we might have him on our side to fight it within the State level. I
thought that was a way of getting the Board pass an impasse of constant,
not being able to go forward with it. It was bringing it one step further
into the State. The Attorney General, who just won this election who
heavily campaigned against the plan to go, and go to battle for us. I don't
know where it is going to go, but I think it was worth a shot. So, that
was my thinking on that subject. That's all I have to say.
SUPERVISOR COCHRAN: Alice? Bill? Bryan? Louisa? I would just like
to share with you, Millstone and closing of Millstone has become an issue
for the entire east end. The Nuclear Regulatory Commission held a hearing
in Riverhead yesterday morning. Paul, I think 27 was there to televise it,
weren't they? I think it will probably air too, so that you can all try to.
catch pieces of it. It is an issue that we are all concerned with, and there
were many, many fine people that, stood up, and made good, worthwhile
comments, that seem to make _sense to all of us. We have all been busy. We
have had a lot on our plate, as Donna has said. We are going to have a lot
more. We' are prepared for it, and we intend to analysis ' and digest
everything that is coming through, and there are going to have to be some
darn tough decisions that are going to have to be made. Hopefully the
Board will do just that. If that is all there is to come before the Board I
will entertain a motion to adjourn.
Moved by Councilman Moore, . seconded by Councilman Hussie, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
8:00 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. Nev Ile
Southold Town Clerk