HomeMy WebLinkAboutTB-03/05/1996SOUTHOLD TOWN BOARD
MARCH 5, 1996
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie, Cotlncilman
Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans,
Councilman William D. Moore, Town Clerk Judith T. Terry, Town Attorney Laury
L, Dowd.
9:05 A.M. - Board of Ethics members William Milusich, Chairman, Richard Ploth, and
Blanche Katz met with the BOard to discuss the revised Annual Financial Disclosure
Statement. The majorl change 'being the substitution of the words "immediate family,
member" for the ~'wo[d ~:"SpOUBe"~ and to define immediate family member as "a' spouse
or any perSon',dlain~ed as 'a dependent,, in the Town Officer's' or employee's last
individual state incomer tax ~'eturn. The Board approved the changes and directed
Town Attorney Dowd to 'draw up a Local L~ to'amend Chapter l0 of the Code to
ncorporate the Changes. The proposed L~w will be considered' by the Board at
their March' 19th~ ~neeti~g, an~ a ~la,te ~ill be "set for a public hearing.
9:20 A.M. - ToWn Att0rn'ey~' Dowd discussed a letter from the Peconic Land -rust
suggesting that it Would b~' helPfUl if the Town Board would pass a resolution for
each conservation easement accepted by the Peconic Land Trust furthers the Town's
local leqislatlon by protecti~n~ agricultural land, the tidal floodplain, the underground
aqu fer-.and recharge areas, agricultural soils, and both tidal and fresh water
wetlands in the 'To~n, ~as'~pplicable. The Peconic Land Trust has recently been
conveyed an easement by Thornton E. Smith on Bergen ~, Sound Avenues, Mattituck,
and asks the Town Board adopt a resolution citing the property as prime agricultural
soils. The Board agreed, and .placed a resolution (16) on the agenda to reflect
same.----Councilman Moore reviewed action taken at the February 2qth Code
Committee, at which time it was agreed to recommend to the Town Board that beach
permits should be required between May lSth and December 31st of each year,
rather than May 15th and October 15th. Although Councilman Moore said he is
inclined to leave the law as it presently reads, which'..he feels encourages tourism,
the majority of the Board felt there was merit in changing the law to year-round.
Town Attorney Dowd will draw up a Local Law to amend Chapter 65 of the,,Code to
reflect the change and present it to the Board for consideration at their March 19th
meeting,---~Town Attorney Dowd reviewed her memorandum of February 15th to the.
Code Committee, stating ti~a~ State SEQRA regulations were revised effective January
1, 1996, and there were some significant changes. Furthermore, whereas Chapter
qq of the Town Code deals with SEQRA review, it must be amended to conform with
the State regulations. Town Board reviewed the changes, and set a public hearing
for March 19th' to consider,a proposed Local Law to amend Chapter ~14.----Senior
Planner Valerie Scopaz met with the ,Board to review the draft questionnaire for the
local business study. The Board asked Ms. Scopaz to be more specific on certain
questions, and asked for a draft when she has it revised.----Senior Accountant John
Cushman met with, the Town Board to discuss employment of seasonal police officers.
He stated that he has been in contact with the Suffolk County DeparIment of Civil
Service and the candidates ~ for seasonal must meet certain qualifications, including
possession of a Police Training Certificate, successfully pass psychological, physical
and physical fitness examinations. Tile Board agreed on a ~;12.00 per hour salary,
and placed a resolution on the agenda (18) to advertise for resumes.----The Board
also piaced a resolution (19) on the agenda to request the NYS-DOT to conduct a
traffic study at the intersection of NYS Route 25 and Oaklawn Avei~ue for the
purpose of creating a No Parking zone to the east of Oaklawn Avenue where parked
MARCH 5, 1996 ~.3
cars obstruct ~;ision of people attempting to turn to the west.----Letter from Venetia
McKelghan, Director of Human Services, asking the Town Board to appoint a
Health Aide (resolution 20).--~-Town Board set Monday, March 18th to interview
applicants for part-time' Data Entry Clerk, part-time and full-time Public Safety
Dispatchers.----Councilman Moore reported on a Police Committee meeting with Chief
Droskoski to review prior directives.----Councilwoman Hussie reviewed a memorandum
from Solid Waste Coordinator-James Bunchuck recommending the rental of a trommet
screen for compost and an increase in the price of screened leaf mulch from $20.00
a .ton to 330.00 a ton. The' Board discussed the merit of the rental, and agreed
that a two month rental would be a good indicator of what the market is for the
screened le*af mulch..:' [f if~: is: successful; then they could move forward and lease
the equipment (resolution 21)'~ They also agreed to increase the price of screened
leaf mulch, but to $40.00 a.ton (resolution 22), since that is the average price from
the private sector.----Town:Attorney"Dowd discussed a letter from Howard Pachman,
attorney for The Traveler-Watchman,concerning legal advertising in that newspaper.
The Town Board had adopted a resolution in December, 1995 reqtL!_ring an up-to-
date affidavit of paid circulation conducted by a qualified private firm specializing
in such audits to insure that the Town is not overcharged for its legal advertising.
Mr. Pachman advised the Board that the Town will be charged the minimum per line
rate of .38 cents pursuant,, to the rate schedule cOntaihed in the Public Officers
Law, and thel~efore, .The T:[aveler-Watbhman'will not need .to submit, to .~rj audit.
With the exception .bf C0~r~cilman Townsend, the Bdard agreed this' would be
satisfactory. ~ounciimaH T.(~nSend said he was under the i~pression the original
resolution for. the audit w!a~ to determine the actua circulation numbers of The
Travele~-Watct~i~an. iA r'e~ol:ution (23) was placed on the agenda to amend the
December 12, 1995 resolution.
EXECUTIVE ;SESSION
t1:45 A.M. On motion of Councilwoman Oliva, seconded by Councilman Moore, it
was Re~olved that t~e Town' Boar~t enter into Executive Session to discuss CSEA
negotlati~,onS. Vote o~ the.:13oard: Ayes: Supervisor Cochran, Councilwoman Hussie,
Councilman; Townsend~ councilwoman Oliva, Justice Evans, Councilman Moore. Aisc
present: Town Clerk Terry, Town Attorney Dowd, Senior Accountant Cushman,
Insurance Consultant 'William F. Mullen, Jr.
1I:55 A.M. The Town Board continued ,.in Executive Session for' discussion of
personnel and litigation.
12:45 P,M. - Recess for lunch.
2:15 P,M. Work Session reconvened and the Board discussed the proposal to hire
the consulting firm of Albrecht, Viggiano, Zureck & Company, P.C. to provide a
needs and cost analysis with regard to the possiSle acquisition of a Town Hall which
will service both the Town's current and anticipated future needs. Councilman
Townsend and Councilwoman Oliva expressed opposition to such a proposal.
Councilman Townsend said he was concerned that the acquisition of the North Fork
Bank building on Youngs Avenue, Southold, would lead to increased starlit)g, that
the economy would not support the purchase& renovation costs would be excessive.
Fie would like the needs assessment to take into consideration that the need for
storage space would not be as great once records are computerized, thereby freeing
up work space. Supervisor Cochran said she would put a resolution on the agenda
(24) to hire the firm. Councilman Townsend will submit a list of items he wishes
addressed in the assessment.----Town Board discussed a proposal by Recreation
Supervisor Ken Reeves to have the summer, fall and winter brochures inserted in
the newspaper. After reviewing, the cost for this proposal, it was agreed the
ides st~ould wait until 1997, and put th~ needed funds in that budget, or perhaps Mr.
Reeves should explore [l~e cost of having the newspaper print-the brool~ure as a
center-fold pull-out.----The Board spent time reviewing the final report of the
Committee on Local Taxes. At the conclusion of the discussion Councilman Townsend
offered to draw up a proposal for coordinating certain services with other taxing
entities.----Ti~e Board briefly reviewed the applications received for the 1996 Grants
Program. This matter will be discussed again at the March 19th work session.----
Supervisor Cochran reported on her meeting with Mike Frank from the Suffolk
County Department of Recreation and Parks, at which time they discussed county-
owned parks and beaches in Southold Town,
4:05 P.M. The Town Board review.ed the resolutions to be voted on at the 7:30
P.M. Regular' Meeting.
~4:20 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on March 5,
1996, 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: Supe.r-vlsor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilmaf~ Joseph L. Townsend, Jr.
Councilwoman Ruth D. Ollva
Justice Louisa P. Evans
CounCilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
Moved by. Councilwoman Hussle, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby ordered paid:
General Fund ~Whole To~rn bills in the amount of $131,979.00; General
Fund Part Town bills in the amount of $[t,~t27.59; Community DevelolJment
Fund bills in the amount of $16,056.00; Highway Fund Whole Town bills in
the amount of $6,181. 56; : HighWay: Fund Part Town bills in the amount Of
$2,577.69; Em.p. Ioyee Health Benefit Plan bills in the amount of
$109,0~t9.68; Fishers. Island Ferry District bills in the amount of
$17,625.8~t; RefUse & Garbage District bills in the amount of $53,7~t9.68;
Southold Wastewater District bills in the amount of $666.25; Southold
Agency & Trust bills in the amount of $5,17u,.33; Fishers Island Ferry
District Agency & Trust bills~in the amount of $1;118.7~.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, T3-0-~ nci Ima n Townsend, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN:
Board meeting.
Approval of minutes February 22nd Tow:n
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the minues of the- February 22, 1996, Tow. n Board
meeting be and hereby are approved.
Vote of the - ToWn Board:; Ayes: Councilman Moore, Justice Evans,-
Councilwoman Oliva, Councilman To~¥nsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Su. pervisor Cochran, seconded by Justice Evans, it was
RESOLVED that the next-regular meeting of the Southold Town Board
will be held at ~t:30 P.M., Tuesday, March 19', 1996, at the Southold
Town Hall, Southold, New York,
Vote of the Town Board: Ayes: Councilman Moore, Justice. Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman HussJe,
Supervisor Cochran.
This' resolution was duly ADOPTED.
SUPERVISOR COCHRAN: As you.can see we-have a public informational
meeting at 8:00 P.M., for which we will be stopping any busJness-close to
that time. it's not a public hearing. It's an informational meeting, as
close as we can stop on any given piece of business we're conducting we'll
commence with the informational meeting. You all have copies of the
agenda. If not, it's on the table out in tile front foyer. The report are
listed, as are public notices.
I. REPORTS.
I. Southold Town Scavenger Waste Treatment Facility Monthly Report
for February, 1996.
2. Southold Town Building Department Monthly Report for February,
1996.
3. Southold Town Clerk's Monthly Report for February, 1996
It. PUBLIC NOTICES.
1. U.S. Corp of Army Engineers, New York District, application of
Suffolk County Department of Public Works to dredge material from Little
Creek at Cutchogue, New York, with ten years maintenance and associated
beach nourishment. Comments to be received by March 22, 1996.
2. U.:S. Corp of Army .Engineers, New York District, application of
Nell McGoldrich to dredge with ten years maintenance and subsequent
beach nourishment, and repair an existing groin in Halls Creek, Mattltuck,
New York. Comments to be received by March 29, 1996.
III. COMMUNICATIONS.
SUPERVISOR COCHRAN: Ray Jacobs has gotten a lot of nice letters from
different people, and they've come into the Supervlsor's Office, for the
job that was done. Also there was a nice letter to the ZBA fro~~ Joseph
McKay.
1. Anthony Leone of Mattltuck to the Highway Department
commenting on their courteousness and responsiveness during a recent
snowstorm.
2. Joseph A. McKay, President of the New Suffolk Civic
Association supporting the approval of the plans for Robins Island as
submitted on February 7, 1996 to the Zoning Board of Appeals.
IV. PUBLIC HEARINGS.
1. 8:00 P.M., Informational Meeting regarding the proposed
construction of a launching ramp at Narrow River and Orient Harbor.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: I'd llke to bring to your attention that before
resolutions, anyone in the audience is more than welcome to address any
of the resolutions listed. You'll have an opportunity later on for
discussing any given subject with the To~vn Board. But, this is the place
for any comments on resolutions. Mr. Car. lin?
FRANK CARLIN: Frank Carlin, Laurel.
Police Office, that's about all it isr isn't it?
our regular police?
SUPERVISOR COCHRAN: No.
Resolution 18,,, Seasonal
That's not going replace
FRANK CARLIN: We're not going to start using them to replace our
regular policeman, are we?
COUNCILWOMAN OLIVA: Can't.
FRANK CARL;N: Okay.
SUPERVISOR COCHRAN: Is there anyone else who would like to make a
comment on any of the listed resolutions? (No response.) Hearing none,
we'tl begin the resolutions.
1.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the resignation of Stanford Searle and Lawrence M. Tuth|ll, Jr. from
the Solid Waste Management Task Force, effective immediately.
1.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle,
Supervisor Cochran,
This resolution was duly ADOPTED.
~LG MARCH 5, 1996
· -Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
autho:rlzes the following modification to the East-West Fire Protection
District 1995 Budget:
To:
Revenues:
SF.2[t01.00 Interest & Earnings $ /~,100.00
Appropriations
SF.9010;8:.000.000 . Firemen's Service Award
.-Vote of the Town Bd~rd: Ayes: CoUncilman Moore, Justice Evans,
Councilwoman 'Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran,
This resolution was duly ADOPTED.
3.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that : the Town Board of the Town of Southold hereby
authorizes the following modification to Highway Fund Whole Town 1995
Budget:
To:
DA.5130.[t.400.650 Machinery, Contractual Expenses $ 2,000.00
Maintenance & Repairs
F,rom:
DA,901~0.8.000,000 Workers Compensation $ 2,000.00
Employee Benefits
3. -Vote of the ~rown Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend., Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
4.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town of Southold hereby
approves the amount of $~t05,295.00 for a bond for roads and improvements
in the major subdivision of North Fork Industrial Park (a.k.a. Tide
Group), Depot Lane, Cutchogue, N.Y., all in accordance with the
recommendation of the Southold Town I~lannJng Board and Engineering
Inspector Richter.
Ll.-Vote of the Town Board: AyeS: Cot;ncilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman,. Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Councilwoman Oliva, seconded b;/ Councilwoman Hussie, Jt
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute the lump
sum drawdown agreement for the Consortium Home Improvement Programt
all in accordance with the approval of the Town Attorney.
.5. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Ollva, CoUncilman Townsend, Councilwoman Hussie,
Supervisor Cochran,
This resolution was duly ADOPTED.
6.-Moved by Justice Evans, seconded by Councilwoman Hussie,
WHEREAS, the: Board of Commissioners of the Fishers Island Ferry
District have declared that-emergency repairs are required for the MV
MUNNATAWKET in order to return the vessel to service as soon as
possible; now, therefore, be it
RESOLVED that the Town Board, of the Town of Southold hereby concurs
with the Board of Commissioners that an emergency does exist, and grants
permission to the Board of Commissioners to prepay in the amount of
$7,500.00 for the purchase of one (1) Twln Disc MG 51q G Marine Gear to
be transmitted by Federal Express or Express Mail to California Diesel E,
Equipment Inc., Wilmington, California, for the repair of the port main
engine on the MV MUNNATAWKET.
6.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
MARCH 5, 1996
7.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of $outhold t~ereby
rescinds resolution no. 16, adopted om February 6, 1996, |ncreas|ng from
$15.00 to $20.00 the charge for a check which is returned as unpaid or
dishonored for insufficient funds.
Councilman Moore, Justice Evans,
Townsend; Councilwoman Hussle,
Supervisor C0chran.
This resolution was duly ADOPTED.
8.-Moved by Councilman Moore, seconded by Councilwoman Ollva, it was
RESOLVED that the Town ,Board of the Town of Southold hereby modifies
the General I~und Whole TOwn 1996 Budget to appropriate a donation for
the purchase of 12 chairs for the Human Resource Center: ---
To:
Revenues:
A. 2'706.40
Appropriations
A.6772.2600.200
Gifts E Donations, Other
8.-Vote of the Town Board' Ayes
Councilwoman Oliva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
250,00
Programs for the Aging, Equipment
Chairs $ 250.00
Councilman Moore, Justice Evans,
Townsend, Councilwoman HussJe,
9.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Tewn 1996 Budget to provide an appropriation for
January, 1996 Insurance Consultant Services:
To:
A.1910.4.500.300
From:
A. 1910.~1,300.100
Insurance, Contractual Expenses $ 1,760.00
insurance Consultant
9.-Vote of the Town
Councilwomah Oliva,
Supervisor Cochran.
This resolution w~ duly ADOPTED.
Insurance, Contraqtual Expenses $ 1,750.00
Commercial Package
Board: Ayes:. Councilman Moore, Justice Evans,
Councilman Townsend, Councilwoman HussJe,
10.-MoOed by Councilwoman ltussle, seconded by Justice Evans, it was
RESOLVED 'that the Town Board of the. Town of Southotd hereby modifies
the Solid Waste District 1995 Budget as follows to cover overdrawn line
items:
To:
SR.8160.4.100.100
SR.8160.4.100.525
SR.8160.4.200.100
SR.8160.4.600.800
Refuse & Garbage, C.E,
Office Supplies / Statio~mry
Refuse ~ Garbage, C.E,
Tires (Payloader/Truck)
Refuse & Garbage, C.E,
Telephone
Refuse & Garbage, C.E,
Pett~ Cash Expenses
100.00
175.00
228.00
60.00
Fl'om:
SR.8160.4.100.1~5
Refuse & Garbage, C.E,
~iseellaneous Supplies
$ 550.00
_ 10.-Vote of the Town Board: Ayes:
Councilwoman Ollva, Councthnan
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Townsend,
Moore, Justice
Councilwoman
Evans,
HussJe,
· -Moved by Councilwoman Olive, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1996 Budget to cover several overdrawn line
items:
To.'
A.1670.4.400.600 ~ Cen?ai: Copying & Mailing, C.E.
Equip'~nt Maintenance'& ' Rep alrs
A.3020.4.600.200 l~ublie Safety C,ommunieations, c.tg.
Meetings & Se~s
A. 3120.1. Sex-vices
A. 3120.1 .-100.300
V;a..cation E,qxTnng s
A. 3120.4.400. 650. ;police, . ContraCtual Expenses
Vel-dele Maintenance & Repairs
A.3120.4.400.700 Police, Contractual Expenses
Vehicle Impound
A.3130.4.400.650 Bay Constable, Contractual Expenses
Yelficle Maintenance & Repairs
A.3157.1.100.100 Juvenile Aide Bureau, Personal Services
Regxflaxr Earnings
A.3157.1. 100.300 Juvenile Aide Bureau, Personal Services
Vacation Ear~ings
I I.-Vote
Councilwoman Ollva, Counclhnan ' Towrisend,
Supervisor Gochran.
Thls resolution was duly ADOPTED.
$ 40.00
375.00
1,100.00
2,900.00
2,000.00
200.00
70.00
1,400.00
140.00
F1-OIII.'
A.1670.4.600.500 Central Copying & Mailing, C.E.
Express Mall ~; 40.00
A.3020.4.100.600 Public Safer7 Commmficatlons, C.E.
Uniforms & Accessories 375.00
A.3120.1. 100. i00 Police, Personal Ser4rices
. Regular Earnings 7,740.00
A.3130.4.200.100 ~ay Constable, Contractual Expenses
Cellular Telephone 70.00
of the Town Boa:rdl Ayes: Cou!l_cilma/~ Moore, Justice Evans,
Councilwoman Hussle,
12.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that the Town Board of the Town o~ S. outhold hereby modifies
the Employee Health Plan 199E Budget to cover overdrawn line items:
To:
Revenues:
MS. 5990 Appropriated Fund Balance $126,100.00
Appropriations:
MS.1910.Lt.000.000 Insurance, Contractual Expenses $ 1,100.00
MS.9060.8.000.000 Hospital & Medical Benefits 125,000.00
COUNCILMAN TOWNSEND: I'll explain this one, because it's a rather
large one. This year we had a rather bad experience with our self-pald
health insurance, or seif-lnsured health insurance benefits. Generally
we've done very well with that program, better than the Empire Plan,
which is the Blue Cross Blue Shield Plan. This year we had a bad
experience, and we reviewed, and determined that it may be because it is
such a good plan, so we're looking into the possibility of increasing the
self-paid portion of doctOrs,.co-payments for doctors and prescriptions,
and things llke that. It's going to be an Item for negotiation with the
Union, but it represents a significant additional expense. Hopefully, we
can turn that around for another year,
Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussle,
12.-Vote of the Town Board: Ayes:
Councilwoman Ollva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
MARCH 5, 1996
13.- Moved by Councilwoman Ollva, seconded by Councilman Moore, It was
RESOLVED, that the;: .,Town Board of the Town of Southold hereby
authorizes .the ftllowmg:"m0dlfication to the Lands End Road hnprovement
District 1995 Budget to cover an overdrawn Kine item:
To .'
SMG~.IB20.1~.000.000 Bond Counsel
From:
SM~.1990~;000.000 Contmgent.
Vote of the ToWn ;B~a: Ayes.
Councilwoman Ollva, Councilman
Supervisor Cochran.
This resoluUon Was duly ADOPTED.
$ [120. O0
$ [120,00
Councilman Moore, Justice Evans,
Townsend, CoUncilwoman Hussle,
I~.-Moved by JuStice Evans, seconded by Councilwoman Hussle, it was
RESOLVED that . the ToWn Board of the Town of Southold ~hereby
uthorlzes a, refund of $?.66 to Albert Carene, which, s.um represents the
cost of a Road Map whm~.Mr. Carene was not sat~sfmd with when he
received it, and ret~Jrned ~ for a refund.
I4.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans
Councilwoman Ol|va, Counc|hnan Townsend, Councilwoman Hussle.
Supervisor Cochran,
This resolution was duly ADOPTED,
15.-Moved [y ie, seconded by Councilman Moore, it was
RE Board of the Town of Southold hereby allows
James Ram Lane, Southampton, NY 11968, to bring
concr Town Landfill, at no cost, as part of a
joint project the Town of Southold in the construction of a rock
revetment project along Luther's Road, Mattltuck, N.Y.
15.- Vote of the Town Board; Ayes: Councilman Moore, Justice Evans,
Council.woman Olb¢~, Councilman Townsend, Councilwoman Hussie,
Supervl'sor Cocii~an:
This resolution was ~duly ADOPTED.
Moved by Councilwoman Hussie, seconded by Councilwoman OIIva,
Wi R Ag,' IH :s:'the philO3 of the'Town of Sol~thold io preserve prime agricultural soils
and to protect ~he scenic, open space character, of the Town; and
WHEREAS, the Town of Southold s Master Plan of ! 973, ame.ded in 198d' and 1989,
has taken the followi,n.g actions t9 clearly define, delineate ,'md implement its policy to preserve
prime agricultural s01s and to f)/otect the scenic, 6pen space character of the hrowu, specifically by
the adoption of;
Section 59-10 through 59-60 of Local Law No. 2-1988 adopted by Uae Tow.n
Board of the ToWn of Southold on 3-22-88 known as Open Space Preservation
legislation, finds that the acquis!tion of open space in the Town of Southold, if
preserved ~d maintained in their present open state, is in the public interest and a
proper purpose of the Town in accordance with the findings and determin, ation of
the New Y0rk state Legislature, as set forth in S 247 of the General Mumeipal
Law.
Section 25-t0 tkrough 25-60 of Local Law No. 2-1984 adopted by the Town
Board of the To.wu of Southold on 3-13-84 known as Agricultural Lands
Preservatitn legislation finds that theacquisifion of development fights in lands
located in the'I~oWn of Southold and used in bona' fide agricultural production will
conserve, protect and encourage the improvement of prime ,agricultural lands, for
Ce production Of food and preservation of open space, and ts in the public interest
~nd a proper pUblie purposfi of the town in accordance with the findings and
deten/dnations of th~ New York State Legislature ~ set forth in S 24'7 of the
General Municipal Law.
Section 97-10 through 97-33 of the Code of the Town of Southold known as
Wetlands, to preserve, protect, and to maintain the Town's wetlands for the
protection of its citizens.
MARCH 5, 19'96
WHE~A& ~hornton Smith, residing at 44 Brookside Drive, Plandome, New
York 1 t030, is the owner.of agricultural lands situate Bergen Avenue and Route 25, Mattituck,
New York, 11962 further identified as Suffolk County Tax Map Parcels #1000.0-121.0-01.0- l.l
and #1000.0-113.0-07.0-19.20; and
WIll]PEA& a portion of the property is productive farmlaud at-present: and
' WHEREAS, the soils On Thornton Smith's property have been ideutified by tile United
State's Department of Agriculture Soil Conservation Servlce's Soil Survey o[ Suffolk County,
New York as prime agricultural soils of Class I an.d' Class II quality; and
WHEREAS, despite the efforts of the different levels of goverument, prime agricultural
soils continue to be converted to other non-agricultural uses inSouthold; and
WHEREAS, tile Town Board wishes to encourage other methods of open space-and
farmland preservation iticluding the voluntary granting of conservation e~ements by private
landowners to private consolation organizations; and
WHEREAS, Thornton Smith has already sold the development rich ts of his agricultural
land to the Town of Southold; and
WHEREA~, Thornton Smith has granted a Conservation Easement to the Pecmfic Land
Trust reducing tim density of the Property from 22 lots down to no more than 6 lots; and
NOW, THEREFORE:, BE ~ RESOLVED, that the Town Board hereby determines that the
Conservatiou Easement conveyed by Thornton Smith to Peconie Land Trust on January 26, 1996
is pursuant to the Town's clearly delineated public policy to preserve prime agricultural soils and to
protect the scenic, open space character of the Town, and that said conveyance will yield a
significant public benefit, and;
BE 1T FURTHER RESOLVED; that the Southold Town Clerk forward a copy of tiffs
resolution to Mr. Thornton E. smith, f.a.s.c.e., 44 Brookside Drive, Plandome, NY 11030; and
to the Peconic Land Trust, P.O. BoX 2088, Southamptqu, New York 11969.
16.- Vote of the Town Board,' Ayes: Councilman Moore, Justice
Councilwoman Oliva, Councilman Town.~end, Councilwoman
Supervisor Cochran.
This resolutiun was duly ADOPTED.
Evans,
Hussie,
Moved by Councilman Moore, seconded by Councilwoman Oliva,
WttEREAS, there has been presented to the Town Board of the Town of
Southold, on the 5th day of March, 1996, a. Local Law entitled, "A
Local Law in Relation to Envh-onmental quality Review Law"; now,
therefore, be it
RESOLVED that the Town Board hereby sets B:00 P.M., Tuesday, March
19, 1996, Southold Town Hall, Main Road, Southold, New York, as time
and p ce for a pubhc hearing on this. Local Law, which reads as follows:
A Local LaW In Relat. loh tO Environmental quality Review Law
I. Chapter 44 (Local Laws, Adoption of) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 44:3 is amended as follows:
No decision to carry OUt or approve an action, other than an-a~ion-lis[ed-in
Sec. 44-41~hereaf-er=8~¢~. 6-1~7.-~2-~f4he-Rulee~ as a Type II action shall be
made by a town agency until there has been full compliance with all re-
q uirements Of this chapter and the Rules~F)r-evided,-heweve ,R-that r~e~ing
her-ein-ehalPbe-c, ene~med-as-pmhibiting.,-
:[heTgmnfing-ef~ny-par~ef-aR-appliea[ie~-whie~-~ela [es gRly-te
tec:,hniCal-elaeeifieatien s-a nd_requi~eme n te,_p rovided4hat4no_sU ~h
par4iaPapprevaFeha!l-enti[le_er-f~ermit4he_aplalie~ant_te_eemmenee4he
ae4ien-until-alPmquirements-ef_thie_ehapter_an~f4he_Rules_have_been
fulfilled:
Section 44-4 is amended as follows:
A. Consistent with the Rules and the criteria therein, the actions listed ~n
Sectio.n., ~-2 617.4 of the Rules a~ Type I actions are Iikely to have
a significant effect on the environment.
Consistent with the Rules arm the criteria therein, the actions listed n
Section 6!7.!2 617:5 of the Rules as Type II actions are deemed not
[o have a significant effect on the environment.
C~ Consistent with the Rules and the criteria herein, all actionsnot
idedtified as a Type I or Type II action shall be an unlisted action.
3. Chapter 44-8 is amended as follows:
A. If the town agency determines that the proposed action will not have a
significant effect on the environment, the town agency shall prepare,
file and circulate such determination 'as required by Seetier~61~7.-7~b)-e¢
the Rules, and thereafter the proposed action may be processed with-
odt further regard to this chapter.
If the town agency determines that the pre posed action may have a
significani effect on t~e environment, it shall prepare, file and circulate
such determination as required by Seotien-6-1-7.-7~b)-e¢ the Rules, and
thereafter the proposed action shall be reviewed and processed in
accordance with the provisions of this chapter and the Rules
Chapter 44-10 is amended as foltov¢~:
A. Upon completion of a draft environmental impact statement, prepared
by or at the request of the town agency, a notice of completion con-
taining the .Specified information et~eeifie~qn~eet-ie~617.7Jr~t.)-ef4he
Rulee shall be prepared, filed and circulated ag provided in Section
617,7~-e)-ar~¢:(-f-) 617.9 and 617. I2 of the Rules. In addition, such notice
shall be published in the official town newspaper and a copy thereof
posted on the Town Clerk's signboard. Copies of the draft environmen-
tal impact statement and the notice of completion Shall be filed, sent.
and made available as required by 8e6tieR-617.~(e-)-aR~l:~f-)-ef the
Rules.
In the event that the town agency determines that a public hearing
shall be held on a draft environmental impact statement, notice thereof
shall be flied, circulated and sent in the same manner as the notice of
completion and shall be' published in the official town newspaper at
least ten (10).[ourteen (14) days prior to such public hearing.
not4ge-~lqall-also~Jate-~e-F4aoe-wlqer~e~ubstanti, vewvr, i~e ~emment_s
en41~e~Ira ft-envir-onmenta Pimpaot-sta ~eme n t-may_be~ee~aP, d tke~ta~e
befg,"e-whieJ'~eugl'~gemments shall-be-reeeive~t: The hearing shall com-
mence nO less than fifteen (15) calendar days nor more than sixty (60)
calendar days of the filing of the draft environmental impact statement,
unless the town agency determines that additional time is necessary
for the public or other agency review of the draft environmental impact
statement o~ where a different hearing date is required as appropriate
under other applicable law;
Chapter 44-11 is amended as follows:
If, on the basis of a d raft environmental impact statement or a public hear-
ing thereon, the town agency determines that an action will not have a sig-
nificant effect on the environment, the-F~reF, ose~t-aefieR4:nay-be~recesse~t
witheut-fuC, her-c~egar4~eJ, his-c~qap~¢.-- no final environmental impact state
ment need be prepared and a ne.qative declaration may be prepared, filed
and published.
5. Section 44-14 is amended as roltows:
No decision to carry out or approve an action which has been the~_subject
of a final' environmental impact statement by a town agency or by any other
agency shall be made until a reasonable titTle period after the filing and
6onsideration of the final environmental impact statement. Whe re the town
agency has been lead agency for an action, it shall make a decision
whether or. not to approve the action within thidy (30) days of the filing of
the final environmental impact statement.
6. Sections 44.15.A; & B. are hereby deleted as follows:
Consistent with social, economic and other essential considerations of
state policy, to the maximum extent practicable from among the
reasonable alternatives thereto, the action to be carried out or ap-
proved is one which ~inimizes or avoids adverse environmental
effects, including the effects disclosed in the relevant environmental
impact statements.
B. All practicable means will be taken in carrying out or approving the
action to minimize or avoid adverse environmental effects.
Seotions 44:15 A. and B. are amended by adding the followihg:
Findings must:
Consider the relevant environmental impacts, [acts and conclusions
disclosed in the.final EtS;
Weiqh and balance relevant environmental impacts with social,
economic and other considerations;
Provide a rationale for the a.qency's decision;
Ce rtify that the requirements of this Part have been met;
Certify that consistent with social, economic and other essential con-
siderations from amonq the reasonable alternatives available, the
action is one that avoids or minimizes adverse environmental impacts
to- the maximum extent practicable, and that adverse environmental
impacts Will be avoided or minimized to the maximum extent prac-
t cab e by incorporating as conditions to the decision those mitigative
measures that were identified as practicable.
Section 44-18 is amended as follows:
Where more than one (1) agency or department is involved in an action,
the procedures of Sections 617.4 617.6 an~t-642'-.8 of the Rules shall be
followed.
9. SectiOn 44-i 9 is deleted as follows:
Ac~.,~oRe_undeFtakepcer_al~preved_lorqer_te-the-dates-stgeeified-i~elo 8 cf
tho E.,qv~fenmental-Gonse Fvaf~ion-I=aw-for-logaPage n oiee-shall-b e-exemt~t
fFem thimehal~ter-aRd the-previeien~ef-AC~icle 8 of-the Envi~:enmeRtal
GonsePiation-baw and4he-R~lesH~r, gvidedrh ewever-.Lhat-4Fafter-sugh
dates a town-ageRey-medifies an-aetiep,-uRder~akeR-er appreved-pr4er-te
that daf~e-and-e~eh-ageney-determines-that-the-medifigatien-may-have a
sigRifioaFit-adv, er-se~effegt-eR--the environment, syeh4~edifie::~t4en shall-be
an aef~ien-subjeet4e4his chat~tepand-6-NYGRR-6$7=.
10. Section,44-20 is amended as follows:
Where an action subject to this chapter involves an applicant, a fee shall
be paid to the town in accordance with 6 NYCRR 6-17,17- 6t 7.13. ~/he~e
the~own-muet-i~repa,~e-a-final-envirenme~tal-impaot-sta%ementr4he4ee
ohar-oed ~eJ~he-a~plieant-shall-bicthe ~otua! cosMneurr, ed by-the-town:
II. This Local Law shall take effect upon its filing with the Secretary
of State. -
17.- Vote of the Town Board': Ayes: Councilman Moore. Justice Evans.
Councilwoman Ol'iva, Councilman Townsend.., Councilwoman Hussie.
Supervisor Cochran,
This resolution was duly ADOPTED.
18.- Moved by CouncilWoman Husste, seconded bY Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and di;rects the Town Clerk to advertise for resumes for
Seasonal Police Officers, at a salary of $12,00 per hour,
18.-Vote of the Town Boar(J: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oil!va,' Councilman Townsend, Councilwoman Hussle,
Supervisor Cochran.
This resolutlon was duly ADOPTED,
19.-Moved by Councilwoman Ollva. seconded by Councilwoman Hussle. it
was
RESOLVED that the Town Board of the Town of Southold hereby
requests the New York, State Department of Transportation to conduct a
traffic survey at the intersection of NYS Route 25 and Oaklawn
Avenue, South01d, for the purpose of creating a No Parking zone on the
south side of NYS' RoUte 2~ for dlstance~ of ,approximately 100 feet
easterly from, OaRlawn AVehue, Presently, parking of vehicles obscure
traffic and ts dangerous for vehicles exiting Oaklawn Avenue and
turntng westerly onto N~S Route 25;
19.-Vote of the Town Board i Ayes~ Councilman Moore, JUstice Evans,
Councilwom~n ~ii~va, Councilman Townsend, Councilwoman Hussle.
Supervisor Cochran,
This, resolution was duly ADOPTED.
20.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RES~.LVED that~ the Town Board. of the Town .of Southold hereby
app.g!nts Stella Bertollni as. an EISEP Aide, effecbve March 11, 1996,
17-1/2 hours per week, at a salary of $6.18 per hour.
20.-Vote of the Town Board: Ayes; Councilman Moore, Justice Evans,
Councilwoman Oliv~, Councilman Townsend. Councilwoman Hussle.
Supervisor Cochran,
This resolution was duly ADOPTED.
MARCH 5~ 1996
2I.- Moved by Councilwoman Hussle, seconded by Councilwoman Ollva,
was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the rental of a trommel screen for processing leaves at the
Disposal Area, from Edward Ehrbar, Inc., for a period of two (2)
months, at a cost of $10,000.00 per month.
21 .- Vote of the 'T0'.wn B0ard~ ,AYes: Councilman Moore, Justice Evans,
'Councilwoman Oliva, C0ui~]ln{an Townsend, Councilwoman Hussie,
SUpervisor Cochran:,
Thls cesolution was duly ADOPTED,
22.- Moved by Councilwoman Huss|e, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
increases the price for the sale of screened leaf mulch from $20.00 per
ton to $40.00 a ton, lately. --
22.-Vote of .the TOwn. F Councilman Moore, Justice Evans,
Councilwoman ;ouncilman Townsend, Councilwoman Hussie,
Supervisor Cocliran.
This resolution Was duly'ADOPTED.
23.- Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the ToWn Board of the Town of Southold hereby amends
resolution no. 112, adopted on December 12, 1995, to read as follows:
"WHEREAS, Public Officers Law bases the cost of printing the Town's
legal notices upon :the paid circulation for those newspapers; and
WHEREAS, the Town should not pay more for its legals than it is legally
obligated to pay; and
WHEREAS, a newspapeF's c!rculation can be accurately measured by an
audit from an accredited aLid~ting firm; now, therefore, be it
RESOLVED that the Town Boar~! of the Town of Southold hereby ado.pts
the policy that the Town Shall pay the lowest rates for legal advertlsmg
specified in the PubliC' Officer:s'Law 70-a, or if a h!gher rate is
charged, the rate shall be: justified by an up,.to-date aff;.d.avit of paid
circulation conducted ..b~':' a qualified private firm speclahzmg in such
audits such as the Audit Bureau of Circulations or equivalent."
COUNCILMAN TOWNSEND: Discussion gn the motion, i'm concerned
about this resolution. ?.he original resolution didn't mention paying the
lowest rate for a clrcula~ion of under $2,000. While I will admit that the
original resolution, a goal that was to pay an accurate rate, pay the
lowest rate based on the circulation of that paper. I will n6te that the
last time we paid this paper for it's legals, we paid circulation based on
12,000 people, a circulation of 12,000. It seems to me that's a radical
jump from 12,000 to under 2,000, and if we had not put this resolution in
force, what would we be paying based on 12,0007 It's rare that I
editorialize from up here, and I know that having been the subject of some
editorials, that I felt were unfair, I hope I'm not being unfair, but it
seems to me that we, as. a. town, have been ill-used by this paper, if we
have been paying for a circulation that's significantly higher than we
should have been paying for. In fact, most of the advertisers for this
paper has been ill-used. We asked for an audit. I think one of the
traditional reasons for an audit is so you can determine that you're
advertising in a paper that has general circulation. We have no idea what
the general circulation is, In fact, this resolution, if I put out a pa.p.e[
out of my office tomorrow With a circulation of ten, I would be eligible
for the same rate.
COUNCILWOMAN NUSSlE: Only if it were a newspaper, that was sent as
second class matter in the United State Post Office, which has a certain
number of regulations, more than ten from your office.
COUNCILMAN TOWNSEND: I'm glad to hear that. At any rate, because
of that I'd like to table this, and discuss the issue of what we~ve been
paying in the past, and whether this constitutes a possibility of a fraud,
or a violation of prior..or some sort of violation.
COUNCILWOMAN HUSSIE: Are you forming a motion?
COUNCILMAN TOWNSEND: I'm saying we should table this motion.
TOWN CLERK TERRY: You have to make a motion to do that.
MARCH -5, 1996
COUNCILMAN TOWNSEND: I make a motion we table this.
Moved by CoUncilman Townsend, seconded by Councilwoman Oliva, it
was
RESOLVED that resolution ff23 be TABLED.
Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman
Townsend, ncilman Moore, Justice Evans, Councilwoman
Hussle ~. -
This was duly LOST.
SUPERVISOR COCHRAN: Is there any further discussion on Resolution
ff237
COUNCILMAN MOORE: Before we vote I'll just make my comment as we go
down the line. MY understanding was to make sure that you_paid the
lowest rate, and that's what has been offered. It also was my
understanding that the Board to save money engaged the policy several
years ago to change papers from the two locals back and forth, and that
has been accomplished, and wasn't changed. I think that the suggestion
is, that the audit is now being used for purposes other than it was
originally intended. In any event, I vote, yes, on ~23.
COUNCILWOMAN OLIVA: I would like to say, that I do think that we
didn't go really with the lowest rates. We wanted to make sure, that the
circulation reached the most people possible, and I hope in the future
that we will do .that.
COUNCILMAN TOWNSEND: I voted in the past on both papers be the
official papers~because I felt that both had general circulation, and felt
that since they both went to the trouble of doing business in town, and
covered the meetings, and report on the meetings, and represented
different points of view, than it's worthwhile for the Town to serve those
constituencies; SO, I've always voted that way. What concerned me in this
issue was the dramatic change in what maybe the circulation, and it
brought to mind the question of what had we been paying for before?
Th~at's why I wanted to look at the r~'olutidns, but I will vote, yes,
because I believe that given the fact that they are in business, and they
are covering the town, they should have the legals, because they do have
a readership.
23.-Vote of the Town Board: Ayes:
Cobncilwoman Oliva, Councilman
Su,pervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice
Townsend, Councilwoman
Evans,
Hussle,
2q.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accept~s
the proposal of' the consulting firm of Albrecht, Vigglano, Zureck &
Company, P.C., at a cost not to exceed $5,000.00, to prepare a needs and
co.~t ana!ysis with regard to possible acquisition of a Town Hall which
will service ,both th, e Town's current and anticipated future needs, all in
acFordance with their proposal dated February 22, 1996.
24.-Vote of the Town B°~rd: Ayes: Councilman Moore, Councilwoman
OlJva, Councilman Townsend, Councilwoman Hussie, Supervisor
Cachran. No: Justice Evans.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We still have a few minutes before eight o'clock.
We have to walt a few more minutes, because it has been advertised for
eight o'clock, and in case someone that might come in at one minute to
eight, we really should wait until eight. You noticed that rhymed, wait
until eight. We have about seven minutes. Maybe ] can call for some
Cduncilpeople reports, or maybe I'll start mine, and then finish it up
la,er. I had a busy two weeks, and I'd llke to snare with you some of
the things, that I did have on my calendar. First, before that, I'd like
to thank the Cutchogue-New Suffolk Historical Council for the display in
th~ front .foyer. lt's reproductions of: water colors by Ovella Long,
wt~ich consists of windmills, and water towers, and pump houses. I believe
there's .forty-two in all, and it certainly makes a nice display. I
though.t It was pretty interesting. Many of these water towers you ve seen
frbm time to time traveling back and forth between Riverhead and here,
and most of them are falling apart, and falling down, but they are part of
our character, and oUr:heritage, so ~t s a love y d~sp ay If you happen to
'be in the area of ToWn Hall stop in and see it. Also, myself, and
Councilwoman Hussie, and Louisa from Fishers Island, we had an
opportunity to take a tour, such as it was, to Millstone, the nuclear
plant across the way,' For those of you who do not know, we are part of
the emergency sys~m, because Mi. llst°ne is closer to us than Shoreham
would have been, and Fisl~ers Island is in the prevailing wind, so they'r~e
a part of the plan, if anything happens over .there~ It's UnfortUnate that
we didn't read the article in the T~me Magazine first before we went,
because I think we would have had a lot more questions. Tl~ey dld spend
the first thirty-five minutes telling us about their siren system to the
point where I didn't war]t to hear about sirens again as long as I live,
but they are very. important 'in letting people know that there is
problem. But, I think I would have preferred a first hand tour of the
plant, and learned a little more about the inner workings. That certainly
would have been benefi~iial to myself. I had [he opportunity to attend the
ten Town Sup
the rest of the S
The program
the Calverton site, the
shared with all ten
as it progresses it
think that
Southold, or Republi
up in Babylon, my first meeting, met
.~ ~!~ffolk County, those ,that i 'h~ln't met.
Ri;verhead prelsenting their Maste~ Plan on
pment of the old Grumman site. This was
rv|sors and Riverhead feels very strongly, that
obs for Suffolk County. I
it Democrat, Or United
s so~ and oppQrtumt~es, that you
have in your llfe, that are exciting. I had the opportunity once, as
President-of the Suffolk. County Girl Scouts Council to attend a reception
at the White House~ 'and~l m~t ~r.s. Carter. Well, this past Weekend I was
asked to be one of-the'offlcml greeters to Mrs. Dole~ as the Senator s
plane landed In McArtl~ AlFPori. So, I had the opportunity, not only
to be part of the wel for Mrs, Dole, but, also, for Senator
Dole. So, it's exciti~ Governor of Massachusetts, and the
Senator from Utah. are some of the nice little things that happen
to you 'n the job.
COUNCILMAN TOWNSEND: Are!you going to vote for Senator Dole?
SUPERVISOR COCHRAN: I haven'~ made a decision, Joe. Don't get smart
now. I knew you were going to say something. But, it's still,, exciting.
Monday I had the oPp°r~tunlty: to travel to Bethpage St.ate. Park. The
Secretary of State, /~l~xander Treadwell, and the Commissioner of New
York State Parks, Bernadette Castro, they want to have a committee, and
this has been passed by the State Legislature creating this committee, but
they're working on a committee to define historic centers of maritime
activity, and tl~rough existing programs, that are already in place, and in
partnership with local government. They want to form a program, that
will identify, recognize, and preserve, and foster the beneficial
employment of historic, recreational, commercial, and cultural resources,
which is associated with'maritime activity. We had our first meeting on
Monday. It was exciting being asked by the Secretary of State to serve
the State in this capaclt~y. We have six months to do our work. At that
time there should be a reportl. But, I'm looking forward to involving
people from the Southold community. We have a lot of shoreline. They
would like to see not only people interested, in history, but those that
are baymen, that earn their livirig from the water, just anyone who has
any interest in the waterfront on the Sound, and into the bay. So, you'll
be hearing more about that in the future. I think it;s going to be a good
committee that will help identify areas for tourism throughout the island.
Everyone is quite excited about it, and I was honored and pleased to be
asked to serve. I'll cut it at this point, because it is now eight
o'clock. Can I have a motion t° recess?
Moved by Councilwoman Oliva, seconded by Councilman Hussie, it was
RESOLVED that a recess be called at this time, 5:00 P.M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 8:25 P.M.
SUPERVISOR COCHRAN: We can comment. Let's see I started on this slde
last tlme. I'll start wlth Louisa.
JUSTICE EVANS: I have no comments.
SUPERVISOR COCHRAN: Nothing on Millstone?
COUNCILWOMAN HUSSIE: .I'm going to use Louise's time. About one year
ago, we hired one police officer to supplement our police force. Since
that time we've spent .almost $20,000~ and a long time on lawyers, a
private investigator, in an attempt to have someone on the list removed.
We did not have any success. This Board has been saying for the last
four Board meetings, that we're going to hire. Oh yes, we're going to
hire next next week, and quite frankly, this is
a attempt people, who have been calling me~vp~ and
saying, aren't you hiring? Some Board
members last ~week we wait until February 29th, because
on February 29th, certain papers were going to be filed. The rest of
us agreed: to that d~te,' an~t 'although we were aware that February 29th
was no magic date, it was not a solution to the problem, which is adequate
pollce~ for'the' pr~otection of. the people in Southold. February 29th has
come, and February ~29th has gone. Now~ I and some other members of
the Boar;d, are .waiting decisions, appeals, and other dispositions,
that might :his presentation of papers on the 29th.
Thls could: ta~ l..and:_'past the summer. I. want to go on record
as belinglready, y, not able to hlre the policeman
that we ~eed. The ich is always presented as a reason to
delay hiring seems mslgnl: light of the fact that we need police
manpower. That's all I have to say.
SUPERVISOR COCHRAN: Thank you. Joe, do you want to say something?
COUNCILMAN TOWNSEND: I'd like to respond to that. I don't think
you can minimize the, quote, moral issue, on this. One police force
already did dissolve based on these issues, and I think it's up to us. I
think it's a very serious matter, and i'; think that we have to have a
hearing on it~ otherwise, in my opinion,-we're not doing our job. I'm not
meaning to diminish the police hlrii~g crisis. ! know we have a shortage
of ma~p~wer, and it's very difficult to schedule, and a lot of p..eopte are
working very hard. That's makes it such a hard issue. But, it's not
somethin~ that we created. It's been one delay after another. These things
should have bee;n resolved last October, as you pointed out, er last
November, but, ~it hasn't been. Now, we had the hearing. Now, we're
waiting for a decision on that hearing, a decision we've been told may
come as iearly asi week. You had the hearing, it just does not make sense
to do ank/thing now, until you have a decision on it. That's my opinion,
anyway.
COUNCILWOMAN OLIVA: I would just like to say that, I attended a
Shellfish Advisory Committee meeting this week, and we usually meet the
first Monday of every month, and I'd llke to compliment this committee,
because they have worked very, very hard to get areas in the town open,
especially Arshamomaque Creek, so that the baymen could get in there to
dig tile Clams, and seeing as baymen are part of our economic base, it is
most important that we get these areas open. This has been a collective,
or cooperative venture to get these areas open, because people have
volunteered. Our Bay Constable has gone out to take samples of water.
We have volunteers to do this, to take samples of water, and they've been
able to get more, more and more of Arshamomaque Pond open, going up to
almost to the church, which was closed before, and in relation to that the
Shellfish Committee was able to get, with the Trustees a grant to contain
some of this runoff, that was coming down from the North Road into
Arshamomaque Creek creating hot spots, that would close it. Now, these
people have spent countless hours, and I'd like to compliment the
Trustees, people on the Conservation Advisory Council, people from
Cooperatiive Extension, Jim McMahon here, baymen. There's been such a
great effort to do some of this, and I don't think they really receive the
credit they should have, a~d it's very important to the town to do this.
I attended another meeting last night for our Land Preservation
Committee. As you know, a year ago, over a year ago, we approved
$1,750,000 bond issue to buy farmland. We have one more offer to make,
~-~ MARCH 5, 1996
and we will have finished the money, that was appropriated, but I think
we have preserved some very fine pieces of property, and I think the
committee will be coining back to .the Board to.. ask their permission to go
for another bond issue. We do have other applications in hand, so we
really need more money, because we have done a very fine job, and it
seems a shame to stop it, because once you stop people forget that you
have this money available, and it takes then another year until people get
used to the idea that there is-"money available,-and then they start coming
in agaJnr and, it's been a' very: successful program, and I think we all
should be proud of Ourselves for participating in it. Thank you.
SUPERVISOR COCHRAN: Thank you, Ruth. Bill?
COUNCtLMAN'MOORE:' Over the last three or four days I've felt the
highs of b~ing involved in government, and the lows. On the hi~ side a
great opportu~nity to participate in the Greenport Future Search
conference, last Friday night:, all day Saturday, and
Sunday afternoon, was a phenomenal experience for me. I watched
sixty some pe( gh those three days, and dream, and talk about
dreams~ and how they thought their village, and the surrounding area
could be. One of Our assignments was to talk about a, village, as th'ough
you 'could wave a wand, and make all the problems go away, what would it
be five years' from now? No limltations, and the creativity and the
comments from hlgt~ school students up to seniors, to government people,
to church people, the entire spectrum of people, who partlcip~ted, which'
is extraOrdinary. -The optlmism~ and the hope for the East ,End is
fantastic. So, I wan[ed to :go and say that. ! had a great time ,cutting
and pasting pictures with Jamle Mills, and John Costello, ~artd Mayor
Kapell doing kids' things, making collages, and stuff, tO get past
problems of communication, and, to talk about future dreams, and hopes,
and aspirations. Great experience. I wish it had been more highly
published, because I think more people could have enjoyed, what was a
very .long time perlod, but was truly worth it. Now on the I~ws. We had
a Work Session today, and we spent thirty minutes dlscussingi I don't
want to belittle the 'issue, because I kqpw it's important to ~people, we
talked about brochures, and the languag~ of I~rochures, and on,; and on,
and on, and on, and how we .should_ wordl those brochures. That's
important, but il?s not a' priority. I spent over two months trying to
understand the police matter, weighing the merits of the i case, that we
seem to be pursuing, versus the need to hire, the impact we're i~aving by
not hiring, and I'~n truly frustrated, and I jlu.st can[t believe that the
impact of this Board's i~acti0n relative to I~itting, is truly, appreciated
as to the impact it's having on the officers, who are working~ We've got
guys doing double tours. We have people work;lng on their~ days: off, and
they've agreed to do thls~ on a voluntary basis'iwlth the understanding we
going to take somi~' action. This Board as a' whole, the past and the
present Board knows we've got to hire. We're got it in the budget to
hire. We all know that. I don'.t want to get into the specifics of the
case. It's inappropriate. But, I'm sitting here saying, I'vei weigh the
relative merits of tJhe case with the need to hire, and I agree with Alice.
The time is now. -We've gone past the time. The burden we put on the
officers presently working is unfair to them, and I don't think ~hat in a
long run it will have been worth the wait. So, thank you for the chance
to tell you about the highs and lows. i still want to look back and
remember the highs as we try and get through this Iow. It's truly
disturbing ~
COUNCILWOMAN HUSSIE: I have to reply to Joe, You know, Joe, you
mentioned that it's possible that we'd had some sort of a decision in one
to two weeks,
COUNCILMAN TOWNSEND: So we haven't had a decision. We will have,
that's the one that's proposed.
COUNCILWOMAN HUSSlE: Could the Town Attorney explain this whole
thing? I would not try to explain it. Are you there? I would like you
to explain-whatever processes these are, that we have to go through.
February 29th came. It was the submission of certain papers.
MARCH 5, 1996
TOWN ATTORNEY DOWD: ActUally, the papers have been submitted since
October. The court has held 'them up feeling that this case has similar
issues to another case involving Greenport, and therefore they have
basically held up the papers, and only deemed the papers to have been
submitte~ as of February, although in fact they ha~e been there for
months. The last word I i~eard is that the Court is working on it, and the
COurt believes it might 'have a decision in a one or two week period.
COUNCIEWOMAN HUSSIE; 'What would happen after tt3e decision?
TOWN ATTORNEY DOWD: The Court could either order Civil Service to
hold a hearing. It could say that there should be no hearing, or it
couid..well, those really are the two extreme choices. There are
different choices in the: middle there. The hearing would be for the Civil
Service to decide, if this officer should remain on the list of--eligible
candidates for police officer.
COUNCILWOMAN HUSSIE: Depending on the decision, is there any
recourse, that any of the parties might have?
TOWN ATTORNEY DOWD; Yes, probably any of the parties could appeal.
I did speak to Peter Bee's office, who is represent[ng us in ti~is matter,
and he !suggested that certainly the outcome of an appeal is not certain,
but that at this point in time he felt that there might, or there might
not be a stay. It was his personal feeling that a stay of the hearing
would not be that likely. It's different from' what I mentioned this
afternoon, of course, ! got a call at It;30 after our meeting was over,
where this was the most recent word that I received. So, it's not clear.
It's not known. It's not certain ,one way or another.
COUNCILWOMAN HUSSIE: Thank you.
SUPERVISOR COCHRAN: I would just like to add, also, my feelings.
There is a need for police officers. The more this is delayed, the less
we're going to be able to put police officers in place for the summer, and
i'm not looking forward to the summer, th'at we're going to have. It's very
frustrating. I would like to see 'us mo~e on, and hire Mr. Heins, and
the other officers on the list, and get on with life. Anything else?
Frank? Oh, my goodness, taking off his jacket. We're in trouble
FRANK CARLIN: Frank Carlin, Laurel. My subject tonight was about
the police. We get annually from Greenport,~$2[t0,000 a year for police
support. We've had it in our budget to hire five new police officers.
We're approved from COPS Program for $75,000. My opinion, that's
enough to hire between eight to ten new police officers, and don't nobody
on the Board tell me that it costs $100,000 or more to support a police
officer every year. Of course, it does, if you're going to spend overtime
all the time. So, we can, in my opinion, have enough to hire, without
costing :the taxpayers any more money now, eight to ten police officers,
but we can't do it', because there's a doorway standing in our way. Let's
put it ~hat way. Picture a doorway that is standing in our way, and some
people don't know how to figure out the combination to open it up, and
that doorway, I'm going to be honest with you tonight, because I don't
beat around the bush, that doorway is Officer Helns. Once we get that
comblna~ion we can open .that dobr, and then we can hire our police
officers. Right? Now, I have two questions 'for Judge Evans. I think
this is one that Vlnnle was mentioning at the last Board meeting about
what was written in the local newspaper. I didn't go into it in detail
llke I'm going to do it tonight. The February 22nd ~ssue, reporter in
there saying, we could look to the police for having put us there. Now,
the last issue last week, February 29th, you said the same thing, but
you changed one word, which is puzzling me. You said, we can look to
the poi;ice for having put him there. Would you please explain what you
mean by that?
JUSTIC!E EVANS: I think that this week's article is supposed to quote me
from la'st week's article is what you're reading, and I can't help it if
the newspaper didn't quote itself correctly, Frank. ! explained myself at
the last meeting, In the context of our conversation, what I meant, maybe
it dldni't come out that way, was that the police situation, because we
needed officers may force me, may force some of the other Board members,
MARCH 5, 1996
into a position we would rather not be into. I would ratl3er wait, and
have a hearing, so that an objective person could decide one way or
another, whether Officer Heins is fit to be an officer in our po;lice
force. We may not 'have the luxury of that time, because of the situation
in the police force, because they need more people. Does that clarify for
you7
FRANK CARLIN: Some. Judge Evans, are you waiting for someone
else, this is my opinion, are you waiting for someone else to come down
with a decision, rather than you make 'one now yourself? Could you really
make one now yourself without waiting for somebody else to make a
decision?
JUSTICE EVANS: I may have to make a' decision without being able to
wait for a Civil Service hearing. It depends what happens in the court.,
and how quickly it can happen.
FRANK CARE'IN: You, also, sa|d in here, along with Ruth Oliva, that
the Board should not rush to make a decision. Well, my God,. I was here
last time, it was fifteen months. It's sixteen months now. I'm sure you're
not rushing to make a decision after sixteen months.
JUSTICE EVANS: Rush to make a decision if this court case is going to
be decided fairly soon. I can't speak for Ruth, but for myself, I do not
feel that if the court case rs going to be decided fairly soon, that we
should jump the.gun before we have a word from the court.
FRANK CARLIN: Again, that's almost the question I just asked you
before that. Okay.
JUSTICE EVANS: I'd also like to say, I'm looking at the agenda here. I
don't see a~yt~hing on the agenda, even though it's urgent to hire police
officer'si it was not on the agenda today.
FRANK. CARLIN: I can't speak about it.
JUSTICE EVANS: I'm not saying, t. hat yo..u can't speak about it, but ..
COUNCILMAN MOORE: Do you want a resolution now?
JUSTICE EVANS: No, I don't.
SUPERVISOR COCHRAN: Ladies and gentlemer~, I think things are getting
a little out of hand. Let's keep it under control
FRANK CARLIN: Here's one that Joe said, also, in last week's paper,
the 29th of February. This is what throws me, I don't understand
this. Eric Heins, I don't know him from a whole in the wall.
JUSTICE EVANS: I don't.,
FRANK CARLIN: How can you pass judgement on someone if you don't
know them from a hole in the wall?
JUSTICE. EVANS: I feel uncomfor, table passing judgement on him, that's
why we'd like Civil Service to make the decision.
FRANK CARLIN: You want somebody else to make the decision.
JUSTICE EVANS: I would prefer, in this case, yes.
FRANK CARLIN: You can't make it yourself then.
JUSTICE EVANS: I would prefer to have Civil Service, and I can not
make the decision myself, that he's unfit. That is not my decision to
make. That's Civil Service's.
MARCH 5, 1996 ~.
FRANK CARLIN: You know--What this reminds me of? I hate to say
this. It reminds me of the old MacDonald deal. Drawn out for four
years, and after all was said and done, it was passed anyway. That's
what it seems llke to me. This is going to be' dragged out, and dragged
out, and dragged out. Let me tell you, what do you really know? I'm
going to ask each one of you three. You, Councilwoman Oliva, and
Councilman Joe Townsend, what do you really know about Eric Heins?
Qbestion, what do you really know about him?
I know, maybe when a witness has sworn an affidavit
JUSTICE EVANS:
to.
FRANK CARLIN:
JUSTICE EVANS:
Has sworn an affidavit to?
As his certain behavior. I'm not sure how muc~ I can
talk, because a lot of it iS Executive Session materlal.
FRANK CARLIN: I'm here as a taxpayer. I'm not a lawyer. I~m not in
court. I'm just asking you as a citizen a question. What do you really
know about the man?
JUSTICE EVANS: I'm not sure how much I'm really privy to say. How
much I personally know? I know nothing personally except what other
peopl~ have relayed to me.
FRANK CARLIN: Then it's hearsay.
JUSTICE EVANS: Yes.
FRANK CARLIN: Ruth Oliva, wldat do you know about the man?
COUNCILWOMAN OLIVA: Frank, I am not even going to discuss it,
because it is in litigation. ! don't feel that it is proper to discuss
this gentleman's merits, 6r demerits, at a public forum, and it's not fair
to me, and it's not fair to him, either. It really isn't, Frank. I think
there's other things that have to come
FRANK CARLIN: Just answer my question.
COUNCILWOMAN OLIVA: No, i will not answer it. I will not.
fair to you. It's not fair to Mr. Helns, and ! woWt do it.
not
SUPERVISOR COCHRAN: Frank, I'm afraid I'm going to have to call you
on this one. I think you're out of ilne on this one, for the Board
members not to answer the question.
FRANK CARLIN: It's really getting to be a shame how we're dragging
this thing out.
SUPERVISOR COCHRAN: I think we can all agree to that. I'm sure no
matter what your opinion is, on what side tbat..l'm sure that, there's got
to be frustration on both sides.
FRANK CARLIN: Waiting seventeen months, then it will be eighteen
months, it will be twenty months: I don't understand what's going on
here. I've got one more question I want to ask Joe Townsend, because
he was on the Board last year. He should be able to answer this one. It
will be a short one. December 27th resolution, 199q, resolution ~17, we
put in for three poli.c.e officers from tile COPS Program. We put in for
three of them, resolutmn ~17, for three new police officers. Town Board
meeting of November 1/~th, 1995, resolution ~6, we only got one. What
happened here, and why did it take so long? How come it took a year
almost to get one police officer, after putting in a year almost? What
happened there, Joe? You were on the Board. In fact, you're on the
Police Committee, aren't you?
COUNCILMAN TOWNSEND: I think there was a certain amount of money
available, and we thought we might get as many as three, so we applied
for three. I think we were ultimately given funding for one.
FRANK CARLIN: How come it took so long, almost a year7
MARCH 5, 1996
COUNCILMAN TOWNSEND: I'don't know exactly.
JIM MCMAHON: It would take a year. Those things..the money is just
not appropriated in a timely fashion, and things like that are reviewed
for every municipality in the country, that apply.
FRANK CARLIN:' Well, anyway.~., ! just hope and pray that in the next
twenty-two months, that we have other importan~ issues, that they won't-
be drawn out llke this issue here is bel.ng drawn out.
SUPERVISOR CO'CHRAN: Hopefully not, Frank.
FRANK CARLIN: I hope not. It doesn't give me too much to look
forward to.
SUPERVISOR COCHRAN: We wouldn't want to disappoint you, Frank.
Thank you very much for your comments.
FRANK BUONAIUTO: Frank Buonaiuto, Southold, on the subject of
the police. I don't disagree with, or disagree with one. It has to do
with the agenda here. ! just want. to ask a question. Why was Kapell
allowed to disband the police in the first place? Why did Southold allow
it to happen7
COUNCILMAN TOWNSEND: Under State law, and I'm probably the only
one here, that's not an attorney, maybe I should refer this to Laury. I
will, but I believe that a village has a right to demand police service
from the township which it's in.
FRANK BUONAIUTO: I understafld that.
COUNCILMAN TOWNSEND: We have no control over whether they do
that, o~- not.
FRANK BUONAIUTO: That's not what.I meant. If they disband the
police department, how can they call themselves an incorporated village7
COUNCILMAN TOWNSEND'; Ther~ are many villages that don't have
police departments. Probably the majority of the villages don't have
police departments.
FRANK BUONAIUTO: I never knew that. !-came from East Hampton.
They had them-there, Sag Harbor, too, Southampton, 1 think, also. The
reason I'm asking is, we're having all this problem now with police
officers. Naturally we'll need them for Oreenport. They're causing all
this trouble; It's not fair. Not for Oreenp0rt, either. That's all I
wanted to know. Why wasn't something done..I guess nothing could be
done about Jr, I guess. I don't know. That's what I'm asking.
COUNCILMAN TOWNSEND: There's no way, unless the village wants to
get together and put their own police force back.
FRANK BUONAIUTO: That's the point I was making. If they're an
incorporated village, they should have their own police force. If they
had to disband, or fire all the other police, why didn't they get another
force?
JUSTICE EVANS: They re not required to by law. They can rely on us
to be their police force on the town. We don't have a choice. It's their
choice.
FRANK BUONAIUTO: I'll be satisfied with that. I'm just tired of
figuring out why they weren't able to get another police force themselves?
That's all, and they don't want-to, I don't get much chance to get up,
and speak. I'm not a very good talker. I just want to suggest something,
even though it's not on th~' agenda here. I suggested it, I think June
29th. I don't think it was last year, I guess it was the year before.
I got smacked in the rear from a'. car driven .-by a woman coming out of
King Kullen. I guess she was in a hurry to get her groceries home,
and cook them. She caught me before she could get home. I suggested
that we have traffic lights in certain places. That's one of them, the
MARCH 5, 1996
233
King Kullen, and A&P in MattitUck, and right here, Horton's Avenue
and North Road.
SUPERVISOR COCHRAN: That's coming. The one the Board approved
some time back, and understand it's going to be in place for the summer
traffic, Horton's. We've had studies done up at King Kullen r and the
Mattituck ASP.- in fact, they're going to do one up there, now again, but
the one in King Kullen, the DOT said it wasn't necessary there.
FRANK BUONAIUTO: It's necessary there, as far as I'm concerned. I
was blt there.
SUPERVISOR COCHRAN: I understand that. ~.. .
COUNCILWOMAN HUSSIE: The problem is, it's a State road, and_we may
think that it's necessary. If the State doesn't think it's necessary, we
can wish all we want.
FRANK BUONAIUTO: I got you. Thank you.
SUPERVISOR COCHRAN: Thank you very much. Anything else,
anyone? [No response.) Hearing none, I'll call for a motion to adjourn.
Moved by Councilwoman Ollva, seconded by Councilwoman Hussle, it
was
RESOLVED that the Town Board meeting be and hereby is adjourned at
8:50 P.M.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
//~ Judl.th T. Terry ~
Southold Town Clerk