HomeMy WebLinkAboutTB-01/04/2000 OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
SOUTHOLD TOWN BOARD
JANUARY 4, 2000
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilman William D. Moore, Justice Louisa P. Evans,
Councilman John M. Romanelli, Councilman Brian G. Murphy, Councilman Craig A. Richter,
Town Clerk Elizabeth A.Neville, Town Attorney Gregory F. Yakaboski.
9:00 A.M. - Appointment (IV. 2.) —John Sepenoski, Data Processing met with the Town Board
with regard to hiring a Technician I, Assistant for his department. The civil service list has been
exhausted. It is now a matter of hiring provisionally. Mr. Sepenoski thinks perhaps he should
contact an employment agency to find the right person for the job. The Town Board agreed and also
directed the Town Clerk to advertise for resumes. (See Resolution No. 15).
9:12 A.M. —The Town Board reviewed IV. For Discussion Items as follows: IV. 1. —Brushes
Creek Bridge- The Town Board would like test borings of the creek bottom under the bridge done.
Town Attorney will check on price. (See Resolution No. 16). IV. 3.—Increase of tipping fees for
appliances containing refrigerants. Solid Waste Coordinator James Bunchuck is recommending
increasing the fee from $10.00 to $15.00 for appliances containing refrigerants. Smaller appliances
are currently charged by weight at $.03 % per lb. It costs the District $12.00 to remove the �--
refrigerants in accordance with EPA regulations, in addition there is additional record keeping and
recording of serial numbers associated with it also. Increasing the fee to $15.00 for all applicances
would ensure that all cost related to removing the refrigerants and handling the appliances are
covered. The Town Board placed Resolution No. 9 on the agenda. IV. 4. Rental Laws for
Multiple Dwelling Units. Supervisor Cochran reiterated her support of hiring an additional
inspector after a fire at a multiple dwelling on Boisseau Avenue on Christmas Eve. All of the
residents of the house did escape on account of a fire alarm. The Town Board would like to see
inspections once or twice a year to provide for the safety of inhabitants of rental units. Currently a
building inspector can't enter a house for an inspection unless there is believed to be a violation,
upon application for a permit or renewal of a permit. These are the only conditions for scheduling
an inspection at present. Building Department Head.Edward Forrester cited the Riverhead Town
Code Chapter 86 governing rental units, which he feels is a model code. An annual or biannual
inspection would be beneficial to the inhabitants residing there, and the landlords as well as it would
probably enable them to get a better price. The conditions of the Boisseau Avenue multiple dwelling
were not in compliance with the pre-CO conditions. There were people sleeping under the eaves
with no egress to a corridor, and 35 foot extension cords running through the house to a stove. All
rooms used for sleeping quarters should have an entrance to a corridor with 'smoke detectors.
Enclosed stairways are now required, but in commercial buildings only. The Board agreed that it
will be necessary to hire an additional person and discussed fire marshal, housing inspector, and
building inspector duties.. . Justice Evans stated that she would like to see all of the concerns
addressed and was of the opinion that it will probably necessitate hiring an inspectof'and an
additional clerical person. Councilman Craig Richter, Building Department Head Edward Forrester,
and the Town Attorney will meet to discuss proposed legislation.
On motion by Justice Louisa Evans, seconded by Councilman Brian Murphy, it was
RESOLVED that the Town Board of the Town of Southold enter into Executive Session at 9:40
A.M. for the purpose of discussing contracts, specifically landfill closure with Tom Maher of
Dvirka & Bartilucci; and engineering inspection services with Building Department Head
Edward Forrester. Vote of the Board: Ayes: Councilman Richter, Councilman .Murphy,
Councilman Romanelli, Councilman Moore, and Supervisor Cochran. Also present Town Clerk
Neville and Town Attorney Yakaboski.
Executive Session ended at 10:40 A.M. Resolution No. 10 was placed on the agenda.
JANUARY 4, 2000 SOUTHOLD TOWN BOARD
The Town Board discussed the check list of tasks to be completed at the landfill prior to bidding
with Tom Maher of Dvirka & Bartilucci. Item No. 1 — Topographical survey has been completed
and will be provided to the contractors. As part of the bid, there will be a pre-bidders conference. 2.
Decision on the location and size of long term yard waste composting facility (borrow pit). 3.
Establish legal requirements in contract documents for the specifications (see D & B letter of May
14, 1999. 4. Commit to an estimated quantity of compost which will be made available to contractor
to fabricate topsoil. Jim Bunchuck said 15,000 yards is needed and he is taking care of it now. 5.
Confirm proposed plans for relocation of termination of eastern perimeter maintenance road and
integration of cap with foundation walls of storage bins and retention of the bins. This item has been
completed as far as the plans. 6. Verify design with respect to location of termination of eastern
perimeter maintenance road and integration of cap with foundation walls of storage bins and
retention of the bins. This item is done, it was worked out with Mr. Bunchuck. 7. Accept
Engineer's cost estimate for the construction. Mr. Maher said that it will be ready iri a week or so.
8. Develop operations plans for receipt and management of yard waste and construction and
demolition debris during the construction period, including resident access to compost. Jim
Bunchuck is working on this and wants to talk to Tony Connetta about it. Items to be completed by
Town prior to January 1, 2000 - Item No. 1. prequalification testing of soil stockpiles. This has
been started. It is part of the $2,000,000. grant. 2. Consolidate waste on southern boundary of cap
limits. Mr. Bunchuck completed this. 3. Demolish and remove maintenance building and
underground storage tank near southwest corner of landfill. The tank came from Cornell
Cooperative Extension Service. Mr. Bunchuck will check if they would like the tank back. 4.
Clear, fill, level and grade Cox Lane entrance. Items to be completed by Town prior to February
1, 2000 1. Complete acquisition of construction easements. This is underway. Items to be
completed by Town prior to March 1, 2000 Items 1 through 4 are all being worked on by Jim
Bunchuck. 1. Clear area within contract limits of all equipment and materials. 2. Complete
backfilling of the former scavenger waste lagoons. 3. Establish location for receipt, storage and
management of yard waste and compost during construction. 4. Establish location for construction
and demolition debris. Items to be completed by D & B prior to bidding 1. Obtain plans from
LIPA regarding raising power lines and integrating towers into the capping system. 2. Establish
Engineer's cost estimate for construction. These two items are being worked on by D & B. The
Board stated that the two major concerns are the easements and the towers and they are both being
worked on Mr. Maher left the Town Board meeting at 11:00 A.M.
11:00 A.M. The Town Board met with Mattituck Chamber of Commerce representatives Walter
Krupski (North Fork Bank), George Solomon, Treasurer MCC, Eric Kruk and Kristen Solomon,
Mattituck High School student and program coordinator of Class Action 2000. Supervisor Cochran
stated that she invited them in to create a community partnership and share their ideas for the
creation of a community park at Pike Street, Mattituck on property donated by.North Fork Bank
(across from the Railroad Station). Initially grant applications were applied with the Suffolk County
Downtown Revitalization Program and the NYS Department of Transportation. The County did
award some funding, but New York State did not. New applications have been filed, but everyone
wanted to move ahead towards the creation of the park now. Mattituck High School seniors have
committed to constructing a village green by providing fund-raising, design, landscaping, and labor.
A courtyard, new sidewalks, benches, a mural, flower beds and a gazebo are amongst some of the
improvements being planned. Ms. Solomon advised of their plans for a "Buy a Brick.Program".
Supervisor Cochran pledged her support of this program and suggested that she contact Tim
Caufield of the Peconic.Land Trust since they have sponsored such programs in the past and could
give them some ideas. It is hoped to receive donations from local landscapers and growers, etc.
North Fork Bank committed to providing the maintenance through the savings on the lease in lieu of
taxes to the Town of Southold on the property. Chamber Treasurer.George Solomon described it as
a "win-win situation for everyone", it will become another attractive recreational area for the Town
of Southold without the Town spending money. Supervisor Cochran proclaimed Town Board
support of the project and advised that she will have the Town Attorney work with North Fork Bank
on the lease agreements.
11:35 A.M. The Town Board reviewed the resolutions to be voted upon at the 7:30 P.M. meeting.
On motion by Justice Louisa Evans, seconded by Councilman Craig Richter, it was
RESOLVED that the Town Board of Town of Southold enter into Executive Session for the
purpose of discussing the Brushes Creek Bridge, Fishers Island Ferry District easements,
Personnel, Litigation re: Tax Receipts and Food Bid. Vote of the Board: Ayes: Councilman
Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, and Supervisor Cochran.
Also present: Town Clerk Neville and Town Attorney Yakaboski.
Resolutions numbers 11 through 16 were placed on the agenda.
Executive and work session ended at 1:10 P.M.
SOUTHOLD TOWN BOARD JANUARY 4, 2000- : 5
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on January 4. 2000, 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
Justice Louisa P. Evans
Councilman-William D. Moore
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A.Neville
Town Attorney Gregory F. Yakaboski
Absent: Councilman John M. Romanelli
SUPERVISOR COCHRAN: May I have a motion to approve the minutes of the audit of bills
for January 4, 2000?
Moved by Councilman Moore, seconded by Councihnan Murphy, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town
bills in the amount of$244m062.60; General Fund Part Town bills in the amount of$15,735.47;
Highway Fund Whole Town bills in the amount of$36,289.22; Highway Fund Part Town bills in
the amount of$74,677.63; Capital Projects Account bills in the amount of$2,450.00; Landfill
Cap and Closure bills in the amount of$14,800.00; Landfill Equipment/Scale House bills in the
amount of$9,410.23; Employee Health Benefit Plan bills in the amount of$19,660.18; Fishers
Island Ferry District bills in the amount of$5,428.12; Refuse and Garbage District bills in the
amount of $28,005.47; Southold Wastewater District bills in the amount of$2,803.72; Fishers
Island Ferry District bills in the amount of$290.45.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
SUPERVISOR COCHRAN: A motion to approve the minutes of December 21st, 1999, Town
Board meeting.
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the minutes of the December 21, 1999, Town Board meeting be and hereby
are approved.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
SUPERVISOR COCHRAN: To set the date of the next Town Board meeting for Tuesday,
January 18, 2000, at 4:30 P.M.
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the next regular meeting of the Southold Town Board will be held at 4:30
P.M., Tuesday, January 18, 2000, at Southold Town Hall, Southold,New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
I. REPORTS.
SUPERVISOR COCHRAN: As you know the Town Board receives reports each month from the
different departments, and from different committees..We do receive minutes of the actions that
they are taking in relation to verbal reports. The printed reports are filed with the Town Clerk's
Office. They are available to the public. They are public information, and if there is anything
that you are particularly interested in we would be very happy to share that information with you.
1 6 JANUARY 4, 2000 SOUTHOLD TOWN BOARD
1. APA Partners Claims Experience for November 1999.
2. North Fork Animal Welfare League Financial Statement through November 1999.
1 Southold Town Building Department 1999 Annual Report.
4. Southold Town Recreation Department for December, 1999
5. Southold Town Recreation Department for 1999 Annual Receipts and Disbursements.
II. PUBLIC NOTICES
SUPERVISOR COCHRAN: As far as public notices, one is to construct a pier, and this is for
comments by January 7ch for the New York State Corp of Engineers. The New York State DEC,
there is a Notice of Complete Application for Pindar to install a farm irrigation well. Written
comments by January 14t', 2000. State of New York Transportation DOT, a notice to establish a
no turn on red restriction for Factory Avenue and Sigsbee Road on Route 25 in Mattituck. As
you probably noticed there is a traffic light up in the Mattituck area now by the shopping mall,
and coming out of the front of the mall there are no left turns allowed, and this is how they
engineered putting up the light, and I have noticed that the signs have been turned around
backwards in some cases, and that certainly adds to the unsafe condition that is up there to begin
with, so we notified the DOT, and they will have to come down and maintain the signs that they
have erected.
1. Corp of Army Engineer, NY District, Notice of request of Frank and Ingeborg Flynn
to construct a pier, a hinged walk-ramp, and a float to provide a recreational mooring
facility of Shelter Island Sound, Town of Southold. Comments by January 7, 2000.
2. New York State Department of Environmental Conservation, Notice of Complete
Application of Pindar Vineyards LLC to install a farm irrigation well 950' north of
CR 48, west of Horton Road, Town of Southold. Written comments by January 14,
2000.
3. New York State Department of Transportation Notice of Order to establish a "No
Turn on Red' restriction for Factory. Avenue and Sigsbee Road at Route 25 in
Mattituck.
III: COMMUNICATIONS.
SUPERVISOR COCHRAN: We got a letter written by Jane Minerva to Richard Noncarrow
under Communications in relation to the Wally Kaelin garden that is up there in the entrance to
the parking to the post office in Cutchogue. Also, a thank you for the grant to Acampora from
Jane Minerva, again the Cutchogue New Suffolk Free Library. A letter to Ray Jacobs from
William Peters thanking him for immediately taking care of a problem that was a dangerous
situation in the highway, and also, a letter from Ken Prewitt, who is the US Census Bureau
Director in relation to the Census 2000. I will be televising my TV show tomorrow. My guests
are people from the Census Bureau, so we will be sharing information with the public in relation
to the Census, and stressing the importance, and how it relates to funding that we received
Federally, and so on and so forth, so it is very important.
1. Jane Minerva's copy of .letter to Richard Noncarrow, Cutchogue-New Suffolk
Chamber of Commerce in regard to Wally Kaelin garden.
2. Jane Minerva's copy of letter to Assemblywoman Acampora from Jane Minerva,
Cutchogue-New Suffolk Free Library in regard to grant.
3. William Peters thanking Superintendent of Highways Raymond Jacobs for
responsiveness.
4. Kenneth Prewitt, U.S. Census Bureau Director from Plus Five in regard to
encouragement to participate in Census 2000.
IV PUBLIC HEARINGS
1. 8:00 P.M. on a petition of Stephen King for a Change of Zone from Residential R-40
District to General Business (B)District, SCTM#1000422-3-6.
SOUTHOLD TOWN BOARD JANUARY 4, 200.0' 17
V. RESOLUTIONS
SUPERVISOR COCHRAN: At this time we will go through the resolutions, and if there is
anyone that would like to address the Town Board in relation to 'any of the resolutions,.we
certainly entertain those comments now. At the end of the meeting if you would like to share
other Town business with the Town Board, we would be very happy to hear from you on that at
that time. At this time, in relation to a resolution,Mr. Williams?
JACK WILLIAMS: Jack Williams from East Marion.Resolution#12,what does that mean?
SUPERVISOR COCHRAN: Would you like to explain that, Gregory? It is in relation to
litigation.
TOWN ATTORNEY YAKABOSKI: Yes. What had happened was, there was a issue over a
line on the tax bill between the County and the ten towns. In regard to that there has been a
stipulation of settlement already entered into, where the Town was going to add, and all the
towns were adding a specific line on the tax bill. That stipulation of settlement was ekecuted, and
what this is, stipulation of discontinuance simply ending the matter in the Supreme Court.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to any of
the resolutions? Mr. Blakely?
DEAN BLAKELY: Resolution #4, direct the Town Clerk to reject all bids for supplying food
for the calendar year 2000?
SUPERVISOR COCHRAN: Greg,would you like to explain this also?
TOWN ATTORNEY YAKABOSKI: Sure. There-was with respect to the lowest bidder and the
bid specs, I believe that the bid specs did not properly set forth, what needed to be set forth,
therefore to determine the lowest bidder, it couldn't be determined, and based on the bid law,my
recommendation was that these be rejected, and the bid specs be clarified, and allowed to go out
to rebid.
DEAN BLAKELY: Do you know who the lowest bidder was?
JUSTICE EVANS: The problem was we couldn't tell who the lowest bidder was, because one
gave a set price, and one gave a price, which seemed lower, but then it would rise depending on
market value.
DEAN BLAKELY: The reason I asked I represent J. King, one of the bidders, right? We.put a
bid in the beginning of November on the first one that was advertised, and we were rejected,
because we were told there wasn't enough other people putting in bids. Then we put it in again
the last time, and now we are getting told that the first one, and the second one was wrong, too.
We did something wrong?
SUPERVISOR COCHRAN: That is why I wanted Greg to explain it, as our Town Attorney.
TOWN ATTORNEY YAKABOSKI: It wasn't that the bidders did something wrong. It was the
way the bid specs were set up, and the way they were responded to. It was just we were not able
to determine who was the lowest bidder. There was some confusion, and because of that,because
the town is obligated to take the lowest responsible bidder under Bidders Law 103, in fairness to
all, in fairness to the Town and the bidder it had to be rejected,because it just didn't work out the
way it should have worked out.
DEAN BLAKELY: May I ask you a question? Last year you had one supplier, right? Bob's?
TOWN ATTORNEY YAKABOSKI: I don't know off the top of my head. I will take your
word for it.
DEAN BLAKELY: That was what I was just.wondering, you had one food supplier, and one
milk supplier, and this year you had three companies on the second bid. Who are you going to be
using for product between now, and when the bids.are opened again?
Q JANUARY 4, 2000 SOUTHOLD TOWN BOARD
1 ,H ,
TOWN ATTORNEY YAKABOSKI: I don't want to speak for the Board, but I believe what is
going to happen, was discussed at Work Session today, is that we continue with the current
supplier until the Town Board is able to have these bids finalized, and we are going to working
on...in answer to your second question, how soon things are going to get done, we will be
working as quickly as possible to get this all cleared up, and get it all squared away, get the bid
packages out again, notices, and obviously noticed to three people who had put the bid packages
in, in addition to anyone else.
DEAN BLAKELY: It would have been more helpful if we had known this after.the first time
after we put the bid in.
TOWN ATTORNEY YAKABOSKI: I would agree with that. The problem did not come up, or
was not apparent at that time. I would agree with you, though.
DEAN BLAKELY: Are the copies of the bids that have been put in, are they open to the public?
TOWN ATTORNEY YAKABOSKI: Yes, they are.
DEAN BLAKELY: I can pick up a copy of them?
TOWN ATTORNEY YAKABOSKI: Absolutely. Betty, I believe has them.
SUPERVISOR COCHRAN: Mr. Williams?
JACK WILLIAMS: On #4, could we ask who is responsible for the preparation of the
specifications?
TOWN ATTORNEY YAKABOSKI: What has happened in the past apparently bid specs had
gone out as a matter of course, had a certain bid package put together, and they went out again,
and the problem was spotted.
JACK WILLIAMS: How did they go out? What does that mean?
d
SUPERVISOR COCHRAN: Probably was packaged ten years ago.
JUSTICE EVANS: The bid package was probably put together many years ago. It kept going
out.
TOWN ATTORNEY YAKABOSKI: The department head was responsible for what they need
with their budget requirements, and things like that. The package, I believe, was made out, I
believe, many years ago, and has gone out, and I believe Betty sends it out when it comes from
Vi, right?
TOWN CLERK NEVILLE: It comes from Vi, yes. It has been the same one for years.
JACK WILLIAMS: The reason I ask is that apparently there is kind of a snafu, and it seems to
me that it is helpful to establish where the snafu took place, and who is responsible.
SUPERVISOR COCHRAN: It is something that was put together a long, long time ago, and we
just realized the snafu, so we are trying to untangle that snafu. It is the nature of bidding. Any
other questions in relation to resolutions? (No response.) If not,we will start the resolutions.
1 .-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids
received on December 2, 1999 for the Removal of Scrap Tires from the Landfill for the 2000
calendar year; and be it
FURTHER RESOLVED that the Town Clerk be authorized and directed to re-advertise for
bids for the Removal of Scrap Tires from the Landfill for the 2000 calendar Year.
SOUTHOLD TOWN BOARD JANUARY 4, 20(0-0 ;1 9
COUNCILMAN MOORE: Before the I vote on this to say, yes, it was explained to us, not
another case of a snafu in bid specs on this, if you ask about resolution #1. This is a case where
we received only one bid, and it was 65%higher than the previous year's bid, so having only one
bid we wanted to go back out.
JACK WILLIAMS: That is a snafu.
COUNCILMAN MOORE: It is a different type of snafu, but nothing to do with the bid specs, so
we are going to rebid that.
1 .Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
2.Moved by Councilman Murphy, seconded by Justice Evans,
WHEREAS, Richard Ward, a most esteemed member of the Southold Town Planning Board
since his appointment on May 1, 1984, having served as Chairman of the Board during the years
of 1993 and 1994, has decided not to seek reappointment to another term of office; now,
therefore be it
RESOLVED that the Town Board of the Town of Southold extends their. thanks and
appreciation to Mr. Ward for his many years of valuable service to the Town of Southold, and
further their best wishes to him in all future endeavors; and be it
FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for a Member of the Planning Board to fill the vacancy
created by Richard Ward.
2.Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
SUPERVISOR COCHRAN: We wish Mr. Ward well. He has served the community in an A 01
way, and he has moved from the Town of Southold, so he is up in the Wading River area,but we
will miss him.
3.-Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute any and all necessary documents relating to the Suffolk
County Downtown Revitalization grant funds awarded to the Mattituck Chamber of Commerce
all in accordance with the approval of the Town Attorney.
3.-Vote of the Town Board: Ayes: Councilman.Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
4.-Moved by Councilman Richter, seconded by Councilman Murphy,it was
RESOLVED that the Town Board of the Town of Southold hereby rejects any and all the bids
received on December 2, 1999 for supplying food for the 2000 Calendar Year to the Southold
Town Human Resource Center; and be it
FURTHER RESOLVED that the Town Clerk be authorized and directed to re-advertise for
bids for supplying food for the 2000 calendar year to the Southold Town Human Resource
Center.
4 -Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
5--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
Arshamomaque Dairy in the amount of$.18 per half pint to supply milk to the Southold Town
Nutrition Center for the 2000 calendar year.
5.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
2 V JANUARY 4, 2000 SOUTHOLD TOWN BOARD
6.-Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints James C. Hudson
to the Board of Ethics for another three(3)year term of office to expire on December 31, 2002.
6.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
7.-Moved by Councilman Richter, 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 both Weekend Assistant Cook and Weekend Kitchen Aide for the
Nutrition Program of the Southold Town Human Resource Center.
7.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
8.-Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute an agreement between the Town of Southold and the
Suffolk County Board of Elections for use of the Southold Town Recreation Center as a Polling
Place for 2000 and 2001, all in accordance with the approval of the Town Attorney.
8.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
9.-Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby sets the fee for all
refrigerant-containing appliances and all white goods charged by the Town Transfer Station shall
be $15.00 per item, effectively immediately.
JUSTICE EVANS: That is because it costs us more to take the refrigerators' coolants out of the
appliances than what the people pay. We have to get the serial numbers, and get the coolants out
before they can be carted away.
9.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy; Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
10.-Moved by Justice Evans, seconded by Councilman Murphy,
WHEREAS, the Town of Southold is legally mandated to "cap"the Town Landfill pursuant to a
Consent Order with the Department of Environmental Conservation;be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Supervisor,
Jean W. Cochran to execute an agreement to retain an appraiser and a surveyor with respect to
determining a description and fair market value for easements on property bordering the Town
Landfill needed by the Town for"capping"the Town Landfill.
10.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Lydia Tortora as
a member of the Zoning Board of the Appeals, for a five (5) year term of office, to expire on
December 31, 2004.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
SOUTHOLD TOWN BOARD JANUARY 4, 2000 2 �11
12.-Moved , Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold authorizes the Town Attorney,
Gregory F. Yakaboski, to execute the attached Stipulation of Discontinuance in the matter of
Suffolk County v. Allen et al. Index#99-09715.
12.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
13.-Moved by Justice Evans, seconded by Councilman Richter,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 2 1" day of December, 1999, a Local Law, entitled "A Local Law in
Relation to Amending Chapter 92 entitled "Vehicles & Traffic" of the Code of the Town of
Southold"; now, therefore,be it
RESOLVED that the Town Board of the Town of Southold hereby sets 5:10 P.M., Tuesday,
January 18, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and
place for a public hearing on this Local Law,which reads as follows:
A Local Law in Relation to Stop Sign on Youngs Avenue.
BE IT ENACTED,by the Town Board of the Town of Southold as follows:
I. Chapter 92 (Vehicles &Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1. Article III, Section 92-30 (Stop intersections with Stop SignA) is hereby
amended by adding thereto the following:
Stop Sign On Direction of At inter- Location
Travel section with (hamlet)
Youngs Avenue North Old North Rd. Southold
2. Article III, Section 92-32 (Yield Intersections) is hereby amended by
deleting the following:
Yield Sign On Direction of At inter- Location
Travel section with (hamlet)
Youngs A=nue Noxth Old No;:t:h Rd. Southold
II. Severability. If any section or subsection, paragraph, clause, phrase or provision of
this law shall be judged invalid or held unconstitutional by any court of competent
jurisdiction, any judgment made thereby shall not affect the validity of this law as a
whole or any part thereof other than the part or provision so adjudged to be invalid or
unconstitutional.
III. This Local Law shall take effect immediately upon filing with the Secretary of State.
13.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
14.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold authorizes the Supervisor, Jean W.
Cochran, to execute a contract with Sidney B.Bowne& Son, LLP. to provide building inspection
services with respect to the Peconic Landing project. The contract subject to the approval of the
Town Attorney.
14.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
15.-Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of:Southold hereby authorizes and directs the
Town Clerk to advertise for resumes for position of Technician I in the Data Processing
Department.
15•-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
22 JANUARY 4, 2000 SOUTHOLD TOWN 'BOARD
16.-Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
H2M Group Holzmacher, McLendon & Murrell, P.C. to perform test borings on the creek
bottom under the Brushes Creek Bridge and submit report analysis and recommendations, at a
cost not to exceed$9,465.00.
16.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
SUPERVISOR COCHRAN: That is the end of our prepared resolutions. We have a hearing, but.
not until eight P.M. I will take this opportunity to invite each and every one of you plus the
watching audience to the inauguration, the swearing in of those that were elected this past
November. It will take place on the 9th up at the Peconic Center at 4:00 P.M., and you are all
invited to attend. We have eight minutes. Maybe I will take some comments from the audience
on any Town business, because we cannot start the public hearing until eight o'clock. So, if there
is anyone that would like to address the Town Board on any town business we would be very
happy to entertain it now. Mr. Lizewski?
JOE LIZEWSKI: Just a question on number 14. Do we hire someone other than our Building
Department to do inspections? It is such a big project, is that why we are doing it, the size and
the magnitude of it? It is probably an engineering firm, yes?
SUPERVISOR COCHRAN: Yes, it is, and we had the support of the Union on this one,because
it is going to be such a big job.
JOE LIZEWSKI: I was just curious, because it is the first time I have ever seen anything like
that.
SUPERVISOR COCHRAN: They pay it through fees and so forth, Joe.
JOE LIZEWSKI: Again, you don't see these kind of things come up in the town too often.
SUPERVISOR COCHRAN: It is the biggest project, I think, we will have in relation to a
Building Department involvement. It is a fair question. Mr. Williams?
JACK WILLIAMS: I want to call to the Board's attention three items of pre-millennial business.
One being the Southold Electric Company, and I bring this to your attention knowing that the
Town Attorney has said it would be impossible to use LILCO's wires, but I think that as time
goes by, and as we see the states of Connecticut and New Jersey, maybe Massachusetts, enjoy a
reduced electric rates, because of deregulation, and because of the availability of other suppliers
we will come in increasingly to question whether or not the Town Attorney's opinion was based
upon a real understanding of the law, or rather the politics of LILCO, LIPA, and the bond
holders, so I would suggest to you that issue needs Rirther exploration, and in the absence of
Mrs. Hussie, it apparently falls to me to bring it to your attention. The second item is the Jones
Report, and I know that you have an engineering study, or reevaluation, spin doctoring, whatever
it may be on Jones Report, and I dare say that your response should be that you are waiting for
that to be before you do anything further with the Jones Report, but it occurs to me also, that if
there were any real urgency expressed by members of the Town Board, why that work could
have been completed by now, and could be ready for immediate action here now. The third item
has to do with the Town Seal, and I remember that the Supervisor perhaps more than a year ago
said that during the Year 2000 it might be time for a reconsideration of the Town Seal,which as I
understand was constructed on Norman Klipp's kitchen table one night. There are several I
know candidates for succession to become a new Town Seal, and one of them I played a very
small and non-creative role in bringing to the Supervisor, and I would hope that.would
eventually see the light of day, so that the public could at least have a chance to compare it with
what we have now, and because I would hate to think that in anyway political considerations
entered into the deep sixing of Mr. Feldman's fine work.
SUPERVISOR COCHRAN: As far as the Town Seal, I believe Mr. Williams the last time you
brought it up, and I will give you pretty much the same answer I gave you then. There was very
little interest, except from you, and your friend that did design it.
2 .4
JANUARY 4, 2000 SOUTHOLD TOWN BOARD
sending copies of this letter to all relevant agencies and officials requesting that we be
incorporated into their mailing lists, so that we will be recipients of all pertinent correspondence,
documents, and invitations to meetings related to public access TV. It is our intention to.assume
the role of third party intervener in any negotiations, such as regarding franchise renewals, and in
any legislative public hearings, that might alter our rights. Cablevision has opened the door to
negotiations by convening the producers' meetings. It is our desire to have regular ongoing
meetings with Cablevision to hammer out a set of guidelines based upon the law and regulations
by resolving those ambiguities and disagreements of interpretations. So, as to insure that all the
parties clearly understand their rights and observations. This manual including the relevant
provisions of the law, regulations in negotiating agreements, should be provided to each
producer. This should alleviate confrontations and disagreements, therefore thereafter either
party should be able to request a conference to resolve the dispute. Five, our ultimate goal is to
participate in the operation and administration of public access television to insure fair and
equitable practices and procedures, which are open and above board, so as to insure that no
favoritism or discrimination.takes place behind closed doors. Six, we request that any initiations,
negotiations, that Cablevision take no action which would diminish our rights, or discourage
public access television production. For instance, certain training requirements and schedules are
being imposed at the Riverhead studio, which create very hardships by virtue of unilateral
decisions perceived as unreasonable, inflexible, non-accommodating, and discouraging. Seven,
further we assert Cablevision is not in total compliance with sub-title 9 and R of the New York
State Regulations and Codes, nor with the Cable Act of 1992, thereby we are depending on our
townships and governing representatives, as our agents to police the situation as per New York
State Regulation and Federal Mandate. We ask them .and our Town Attorneys to use due
diligence to assess Cablevision's past performance, including it's history in showing a bad faith
after signing the franchise agreement in Brookhaven Township. We are in a landlord-tenant
relationship as per New York Public Service Commission- and Regulation, therefore at this
moment we have a right to more than PEG channel. That is the Public Education Government
Channel. Eight, pertinent to this ongoing fight for more public education and government space.
As described in purpose seven we believe that there exists a definite conflict of interest inherent
in sharing of non-profit public access television studio, and PEG, Public Education Government
channel and space and time with Cablevision's profit making division of the same called, local
origination or local origin. Local origin or local TV is a selling point in today's competitive
market for subscribers. As such Cablevision should have it's own channel, it's own studio, it's
own staff, it's own equipment for their local origin, including leased access. However, now they
do it with little or no overhead by utilizing public access television allocated studio staff
channels and equipment, meanwhile adding the franchise affords them a big tax deductions.
This, of course, is multiplied across the nation, and at the public's expenses. This we assert
strongly that the provision affording Cablevision this luxury tax-free be removed from the
franchise agreement being sought. Although New York State Code's.rules and regulations allow
for this tax loophole, our representatives have the foresight to include a bootstrap regulation,
which allows each township the right to seek a waiver of this provision. We urge our townships
to do this, as well as seek a percentage of all cable services, including cable modem Internet,
which is sending public excess programs to other countries right now. We further ask that part of
these be designated solely for public access television, and not be shared by Cablevision, local
TV or local origination for profit, and that the important'part here our public access television is
non-profit, and we should have to provide for space, and time, and studio's space, and
equipment, and this and that, and compete with Cablevision's profit making division. Number
nine, in the interest of fair competition law we ask that all the townships pull together as did five
villages in Great Neck, Long Island. Negotiations together they were able to obtain a stellar
public access deal granting that single town nine public education and government channels, and
here we have one. With all of those towns at the eastern end of Long Island we ask that our
governing bodies bid out the franchise agreement to the highest bidder, who will pay the town on
all cable services, thus lowering our taxes substantially and that could be by millions of dollars,
if we went to the Public Service Commission's conference on negotiating franchises, and they
said that Cablevision puts just the video, that you get a percent of the video. However, they
recommend that get a percent of all cable services. That would include the cable Internet, and
that would make millions more dollars. Then people's taxes then would be much lower. because
that would help lower taxes by subsidizing taxes. In other words with the franchise money from
the Cablevision people. There are many telecommunication companies out there. By the way,
Cablevision is not the only one in the game now that they have satellites, and have recent Federal
Legislation that says satellite companies can now broadcast local programming. There are many
telecommunication companies out there. The one we happened to contact, Residential
SOUTHOLD TOWN BOARD JANUARY 4, 2000 2
Communications Network, is already providing public access television in New York, Bronson,
southeastern New York, and they wish to break into Long Island market. We hope Cablevision
will also participate, but without that hardnosed, monopolistic, corporate mentality. The Steering
Committee of Public Excess to Television Association, and so we also want you to know that
Southampton and Riverhead has recognized us, our group, and does want our feedback, and our
input, and we ask that you grant that to us as well here in Southold. Thank you very much.
SUPERVISOR COCHRAN: Thank you, Zabby. There is lot here for the Town Board to digest.
As I said-to you earlier, we have hired a law firm in Washington, who specializes in this kind of
thing. We will not be signing any contracts until we have their report, and we would like to.hear
what they have to say before we go into making any decisions. As. Chairman of the East End
Supervisors and Mayors I did try to pull it together as five East End Towns. It didn't work, so we
as a Board have gone in our direction, because there is a great deal of information that we don't
have, and it takes someone that truly knows to share with us, so until that time we will not be
making any decisions. Everything is status-quo, until we hear from the gentleman in
Washington. Okay? But, thank you Abby, and we appreciate any information you can share with .
us. Nice to see you again. Thank you. Mr. Lizewski?
JOE LIZEWSKI: On that same note, if it is possible, maybe, as these other towns get their
contracts together it should be possible to get a copy of that to your attorneys, and cross-
reference, and cross-check. I mean even if you are not working together, see what everybody else
is doing.
SUPERVISOR COCHRAN: They would give it to us..
JOE LIZEWSKI: They would give it to you, and I think that you are all working maybe
separately, and spending a lot more money than you need to because..
JUSTICE EVANS: I expect they will watch what we are doing.
JOE LIZEWSKI: I know that Southampton has done an awful lot already. It certainly won't hurt
to collaborate. I also think there was a committee in town that did this, and I still think then you
have some input possible for the town,because it is a local matter.
COUNCILMAN MOORE: Although, as a practical matter, what we faced was a boiler plate
contract. that was given to all the east end towns. If you don't know the ends and .outs of
Telecommunication Law the balance of knowledge was way out of sync, so this specialist should
take care of it. His point to us was you have to know what you want to ask for, but you should be
looking for this, this, and this.
.ZABBY CHAMBERLIEN: I do have a phone number of some of the competition. Can I give it
to you?
TOWN ATTORNEY YAKABOSKI: Thank you. Maybe we can meet right after the meeting.
SUPERVISOR COCHRAN: Give it to our Town Attorney, and he can pass it on to Washington.
Thank you. I would like to just let you know that the hearing on the Stephen King change of
zone, the hearing will be February 15th at 5:00 P.M. Anyone else like to address the Town Board
on any Town business? (No response.) If not, I would like to share with you, we are very
pleased with the young people in our community, and one of the involvements they have is with
the ROTC. The unit is both in Mattituck, and in Southold, and they are going to be on Saturday,
starting at eight in the morning until three in afternoon they are going to be.planting daffodil
bulbs along the North Road. We have 4,000 daffodil bulbs they will be planting. Up at the top of
Boisseau there will be 1,300, and it works it's way through Peconic and Cutchogue, and Depot
Lane in Mattituck. The funds for this was raised through Town Hall doing a Town Hall
Cookbook, and also if you remember last October Mrs. Moore chaired a committee with the
Halloween Haunted House, and we made over$700.00 there, and we have been able to buy these
bulbs, and we are going to plant them, and we think it will help to further still the beautification
that everyone seems to be finally catching on in Southold. We think it is beautiful now, but we
can only enhance that, so this is part of the enhancement. Any Town Board members? We are
finished with public input. Brian, is there anything you would like to share?
26 JANUARY 4, 2000 SOUTHOLD TOWN BOARD
COUNCILMAN MURPHY: Just that I will be there on Saturday Helping plant daffodils.
Anybody who wishes to come along is more than welcome. It should be a good time.
SUPERVISOR COCHRAN: It is nice working with young people, old people, too. Craig?
COUNCILMAN RICHTER: I guess the thing that I would like to say is I am glad to be on
board, looking forward to a challenge, and doing the best I can for the people of Southold.
SUPERVISOR COCHRAN: We welcome you on board, and if today is any indication you are
going to jump in with both feet, and we appreciate it. Louisa,what's on the island?
JUSTICE EVANS: I was just going to add to John Romanelli, if he is watching, I hope he feels
better soon.
SUPERVISOR COCHRAN: He has the flu along with a lot of other people. William?
COUNCILMAN MOORE: I just wanted to take a moment to thank you, Jean. After serving as
your Deputy for the last four years, it was a great honor, privilege, and I am happy to turn the
reins over to Brian. Less anybody be worried there was no falling out, there was no discord, there
was no nothing, so don't sit there, and make up a story,that doesn't exist. Now, if someone looks
at it with great shock and surprise, but nothing went on there. It is Brian's opportunity. I am
pleased he will take on the responsibility. I am still sitting as Jean's left hand person. Brian can
be the right hand person along with everybody else on the Town Board. We work together. There
is nothing going on there,nothing nefarious, so don't get ideas.
SUPERVISOR COCHRAN: -As I said in the Work Session, since 1 have been Supervisor I have
always tried to be considerate of the people on the Board, and their involvements in the their
families, and Bill, his practice is growing, and he has young people of which his daughter is in
the audience with us tonight. Hi, Katie! It's kind of nice to let him have a little bit more time than
you have had, and Brian's kids are all grown up. It's good to have more than one person share
this kind of a responsibility, so I thank you for serving the last four years, and Brian, I welcome
you aboard. We are going to work you hard. Anybody have anything else? (No response.) If
not, I will entertain a motion to adjourn.
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 8:21 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
Eli&abeth QNevil%
Southold Town Clerk