HomeMy WebLinkAboutTB-10/14/1997$OUTHOLD TOWN BOARD
October 1~1~ 1997
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie, Councilman
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.
9:10 a.m. - Senior Accountant John Cushman and Data Processing Equipment
Operator John Sepenoski met with the Board to present their findings with regard
to a time and attendance system. After several presentations, they recommended
to the Board that Simplex (resolution 18) be selected.
9:30 a.m. - For Discussion items: A resolution (19) was placed on the agenda to
advertise for resumes for a Clerk for the Tax Receiver's office. J--The Board
reviewed a proposed letter to the National Park Service nominating Fort Corchaug
as a National Historic Landmark, and endorsed the submission of the letter by
Supervisor Cochran.---A resolution (20) was placed on the agenda to invite the
State Comptroller's office to conduct a review of the user fees, and submit a non-
binding recommendation suggesting methods of containing costs and/or enhancing
revenues without raising taxes.---October 22nd was set to interview applicants for
the Conservation Advisory Council youth member. ---The Board discussed a
memorandum from Town Attorney Dowd summarizing the significant portions of the
2% Tax Legislation. The Town Board added some' of their concerns and Supervisor
Cochran will send them along to Assemblyman Fred Thiele.---Councilman Townsend
submitted the proposed "Local Law to Revise Business Uses", which was reviewed
by the Board, and several changes suggested. Some of the changes will be made
and the law will be back on the October 28th agenda.
10:25 a.m. Richard Ryan, Chairperson of the Land Preservation Committee, met
with the Town Board to discuss a grant application to the NYS Department of
Agriculture & Markets for funding for the purchase of development rights of selected
farmlands within Southold Town. A resolution (21) was placed on the agenda
authorizing the submission of the application.
10:30 a.m. - Senior Planner Valerie Scopaz met with the Board to discuss engaging
the services of Conservation Advisors to create foundation mapping for Geographic
Information System applications. The funds for their services, $5,500.00, is in the
Planning Board budget. A resolution (22) was placed on the agenda authorizing
the Supervisor to execute the contract for the services of Conservation Advisors.---
Ms. Scopaz and Senior Accountant Cushman discusse.d with the Board the Planning
Board's request to modify the 1998 Budget to move $19,500 set aside for another
contract with Conservation Advisors for 1997 to 1998. However, Mr. Cushman
advised that the money cannot be put aside for services not rendered. Therefore,
the Town' Board must add another $19,500 to the 1998 Budget to have the money
available for Conservation Advisors' services in 1998. In the meantime, the Planning
Department wi~l;I apply for a grant of $5,000 to $7,500 from the Department of State,
through the Local Waterfront Revitalization Program Environmental Protection Fund,
to underwrite the costs associated with a workshop with the Town's counterparts
in Connecticut and~.Other parts Of Long Island with regard to ferry impacts on the
East End.
OCTOBER 14, 1. 7 329'
11:05 a.m. For Discussion items continued: Councilwoman Oliva asked the Town
Board to consider placing time limits for subdivision approvals. Questions were
raised with regard to rights of the developers and whether there are State Law
provisions that cover this, The matter was referred to the Code Committee.---The
Board place a resolution (23) on the agenda to refer the "Local Law in Relation to
Wireless Communication Facilities" to Towrf and County Planning Boards, and one
(24) to engage Nelson, Pope & Voorhis to update their environmgntal review with
regard to the law.---Councilwoman Hussie asked the Board to consider creating
Board with regard to time clocks (see resolution 18). Supervisor Cochran suggested
that she contact Simplex, inasmuch as they offered to supply sample policies.---The
Board took the following action with regard to the Architectural Review Committee:
AcCepted the resignation of John C. Cronin, Jr., hamlet member for New
Suffolk/Cutcl~ogue (resoiution, ,25), reappointed certain members who wish to remain
on the committee (resolution 26), and authorized, the Town Clerk to advertise for
resumes to fill vacancies (resolution 27).----The Board took the following action with
regard to the Substanc~e Abuse Committee: Accepted the resignation of Walter Gaipa
(resolution 28), reappointed certain members who wish to remain on the committee
(resolUtion 29), an~t"authorized the Town Clerk to. advertise for resumes to fill
vacancies (resolution 30).
11:35 a.m. - The Town Board reviewed the resolutions to be voted on at the 7:30
p.m. Regular Meeting.
EXECUTIVE SESSION
11:40 a.m. -On motion of Councilwoman Oliva, seconded by Councilwoman Hussie,
it was Resolved that the Town Board enter into Executive Session to discuss
employment histor~y and litigation. Vote of the Board: Ayes: Supervisor Cochran,
Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans,
Councilman Moore. Also present: town Clerk Terry, Town Attorney Dowd.----Asa
result of this Executive Session two resolutions were placed on the Regular Meeting
agenda: Authorized the Town Clerk to advertise for resumes for a Board of Appeals
member' for F.shers Island (31), and to adopt a salary structure for the position of
AdminiStrative Assistant 932).
12:50 p.m, - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was. held on October
lU,, 1997, at- the Southold Town :Hall, Main ~ Road, Southold, New York.
Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present:
Supervisor Jean W. Cochran
CouncilWoman Alice J. Hussie
Councilman. Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evan~s
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR COCHRAN: May I have a motion to approve the audit of the
bills for October lit, 19977
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole ~Town bills in the amount of 967,206.55; General Fund
Part Town bills in the amount of $751.65; Community Development Fund bills
in the amount of 915~000.00; Highway Fund Whole Town bills in the amount
of $9,288.78; Highway Fund Part Town bills in the amount of 9u,,~87.93;
Ag Land Development Rights bills in the amount of 990, 75~. 00; Computer
System Upgrade bills in the amount of 9108,811.29; Employee Health Benefit
Plan bills in the amount of 922,155.0~t; Fishers Island Ferry District bills
in the amount of $19,813.02; Refuse and Garbage Distrlct bills in the
amount of 972,780.14; Southold Wastewater District bills in the amount of
$11,69L[.12; Southold Agency ~. Trust bills in the amount of 91,~38.13;
Fishers Island Ferry District Agency E; Trust bills in the amount of $155.65.
Vote of the Town Board: Ayes: Counc| Iman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Approval of minutes of September 30, 1997.
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the minutes of the September 30, 1997, Town Board
meeting be and hereby is approved.
Vote of the Town 'Boar~d.~' Ayes:
Councilwoman Oliva, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussle,
SUPERVISOR COCHRAN: I would like to set the next Town Board meeting,
Tuesday, October 28, 1997, at' [[:30 P.M.
Moved by Supervisor Cochran, seconded by Couhcilwoman Ollva, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at L[:30 P.M., Tuesday, October 28, 1997, at the Southold Town Hail,
Southold, New York.
Vote of the Town Boa rd: Ayes: Councilman Moore, Justice Evans,
.Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We have on the agenda a special presentation. I
understand someone should be here from Cornell Cooperative Extension of
Suffolk. I do not recognize them as appearing yet, so I will hold this.
OCTOBER 14, 1997
I. REPORTS.
SUPERVISOR COCHRAN: As you know listed on your agenda are al.I the
different reports of the different departments and .committees, and they are
on file with the Town Clerk's Office, and are public information, so they
are available to you .for any information you might want to receive.
1. Southold Town Recreation Department Monthly Report for September,
1997.
2. Southold Town Building Department Monthly Report for September,
1997.
3. Southold Town Scavenger Waste Treatment Facility Monthly Report for
September, 1997.
~.-HHS Administrations Town Claim Lag Study Analysis for September
1997.
5. HHS Administrations PBA Claim Lag Study Analysis for September,
1997.
6. Southold Town's Program for the Disabled Monthly Report for
September, 1997.
7. Southold Town Clerk's Monthly Report for September, 1997.
8. Southold Town Justice Price's Monthly Court Report for September,
1997.
9. Sour, hold Town Justice Bruer's Monthly Court Report for September,
1997.
10.Southold Town Trustees Monthly Report for September, 1997.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: Public Notices, I would like share with you that
this year in addition to the week of pick-up that the Superintendent of
Highways does in relation to brush, and limbs, and twigs, the schedule ~s,
Orient Point to Truman's Beach is November 17th, Truman's Beach to
Moore's Lane is November 18th, Moore's Lane to South Harbor Lane is
November 19th, South Harbor Lane to New Suffolk and Nassau Point to
Alvah's Lane, Cutchogue is November 20th. Alvah's Lane to Mattituck
to Laurel Lane in Laurel is November 21st, and what we have down this
year for the first time is you will be able to bring brush into the landfill
three weeks prior to these dates. We feel that it will, or should, cut down
in part to collection by the Highway Department. Also, rather than seeing
unsightly piles of brush all along the highway, hopefully, those of you that
are able to take it directly to the Landfill at no cost will take it into
the Landfill within that three week period prior to. I would just like-to
remind you, I believe it was last year, that someone had thrown a piece of
metal into the brush and the leaves, and one of our pieces of heavy
equipment was used to move, or whatever they were doing, and it did
damage to the heavy'equipment to the tune of $5,000. So, that was an
unexpected expense for the town. We would just llke to stress, please,
and the newspapers tell you exactly what Mr. Jacobs will be up. Please,
only, only clean brush and leaves, no household items.
1. Southold Town Highway Department Fall Leaf and Brush Clean-Up
Week schedule.
III. COMMUNICATIONS.
SUPERVISOR COCHRAN~ We did receive a letter from Save the Bays
thanking our Highway Superintendent for their work in the clean up of the
beaches several weeks ago. They had close to thirteen hundred
volunteers, everything from Boy Scouts, to Girl Scouts, Fire Departments,
to, you know, school students, so it was most successful, and as a result
our beaches are much, much cleaner.
1. Gayle Marriner~Smith, President of Save the Bays, Inc. with thanks
for assistance of Town Board and Superintendent of Highway during Hands
Around the Bays Beach Cleanup.
OCTOBER 14, 1997
IV. PUBLIC HEARINGS
1. 8:00 P.M., on a proposed "Local Law in Relation to Peconic Bay
rd~l
Bouleva u ·
2. 8:02 P.M., on the acquisition by the Town of Southold of the
development rights in the agricultural lands of Pugliese Vineyards, SCTM
#1000-097-01-016.
V. RESOLUTIONS
SUPERVISOR COCHRAN: As you know the Town Board has a policy, that
before we act on any of the resolutions, that you have the opportunity to
address the Board in relation to that resolution. Later in the meeting you
will I~ave the OpPortunity to address the Board on any Town business. So,
at this time right now, if there is any resolution that you would like to
ask a question on, or want further information, or whatever, now is the
time.
JAY GARGANi: Jay Gargani, Southold. Resolution #5, I would just like
to know, does Resolution #5 bear any relationship to the County Executive's
$235,000 cut in the Police Assistance Fund as related to Southold?
SUPERVISOR COCHRAN: No, it doesn't. This is a modification in the
budget where you are changing funds from one line to another. It is from
uniforms and accessories to weapons. I am sure this is part of getting
ready for the..l'm not sure what it is. I shouldn't say, I'm sure, because
I really don't know. All I know is that the Chief has requested a change in
his budget from one line to another. I will cover that $235,000 later in my
report. Okay, resolution #1.
1.-Moved by Councilwoman Hussle, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regret, the resignation of Alphenlc Martin, Senior Adult Day Care
Aide, effective September 30, 1997.
1.-Vote of the .Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
2.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the 1997 Wastewater District budget to cover overdrawn line items:
To:
SS1.192'0.4.000.000 Insurance $ 2,000.00
SS1.8130.4.400.700 Trailer Rental 2,000.00
From;
SS1. 8130 .tr.500.900 Unallocated $ 4,000.00
2. - Vote of the Town Board: 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 modifies
Whole Town 1997 budget to cover al overexpended
the General Fund
budget line:
To:
A. 9730.6. 000. 000
From:
A.9730.7.000.000
Bond Anticipation Notes
Principal $ 100.00
Bond Anticipation Notes
Interest $ 100.00
3.- Vote of the Town; Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
OCTOBER 14, 997 3'33
4.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute the
Cooperative Agreement between the Town of Southold and the United State
Department of Agriculture Natural Resources Conservation Service and the
County of Suffolk Soil and Water Conservation District to assist the
SouthOld Town Trustees in Conducting a detailed watershed analysis of
Mattituck Creek.
~ .... 4.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, CouncilWoman Hussie,
- Su pervJsor Cochran.
This resolution was duly ADOPTED.
5.-Moved Townsend, seconded by Councilwoman Ol|va, it was
he Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 Police budget as follows:
From:
A.3120.q.100.600 Uniform and Accessories $ 1,865.00
To:
A.3120.~.500.600 Weapons $ 1,865.00
5.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Counciilwoman Oiiva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
6.-Moved :by Councilwoman Oliva, seconded by Justice Evans, it was
RESOI~VED that the Town Board of the Town of Southold hereby grants
permission to Building Inspector Michael Verity to attend the following
mandatory NYS Code Enforcement training seminars: October 20-2[~, 1997,
at Mentour Fails, New York, October 27-30, 1997 at Westchester, New
York, and November 17-21, 1997 at Montour Falls, New York, and the
necessary expenses for registration, room, meals, and use of a Town
vehicle for travel shall be a legal expense to the Building Department's
1997 budget.
6.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
CoUnCilwoman Oliva; COuncilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
.-Moved by Justice Evans, seconded by CouncilWoman Hussie, it was:
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1997 budget to appropriate the grant from the
Fishers. Island. Conservancy to cover the overexpended "mosquito control"
budget line:
To:
ReVenues:
A. 2705. It0
Appropriations:
A~010.1,300,100
Gifts and Donations
Other
Public Health, P.S.
Seasonal Employees
FI Mosquito Control
A.9030.8.000.000 Social Security
Employee Benefits
7.-Vote of the Town Board: Ayes:
Councilwoman Oliva, Councilman
Su pervisor Cochran.
This resolution was duly ADOPTED.
$ 975.00
$ 90~.00
71.00
Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussie,
8.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Board of Commissioners of the Fishers Island Ferry District
to advertise for bids for effecting repairs in the way of the
"MUNNATAWKET Ramp" at the Ferry District New London, Connecticut,
terminal, all in accordance with plans and specifications prepared by
Docko, Inc.
8.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
OCTOBER .997
9.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board .of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute, an agreement
between the Suffolk County Office of the Aging and the Town of Southold
for the Supplemental,.Nutrition Assistance Program (SNAP), for the period-
of April 1, 1998 through March 31, 1999, all in accordance with the
approval of the Town Attorney.
9.- Vote of the ToWn 'Board: Ayes: Councilman Moore, Justice Evans,
CounCilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
10.-Moved by Justice Evans, seconded by Councilwoman Oliva, 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 Suffolk County Office for the Aging and the Town of Southold
for the IIIC Nutrition Program, for the period of January 1, 1998 through
December 31, 1998, all in accordance with the approval of the Town
Attorney.
10.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
CouncilWoman Oliva, Councilman Townsend, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
· a
· -Moved by Councilwoman Oliva, seconded by Justice Evans, it w ~s:-
RESOLVED that the Town Board of the Town of S0u'~hold hereby
authorizes and directs the Town Clerk to readvertise for resumes for two
(2) EISEP Aides to work 17-1/2 hours per week, at a salary Of $6.46 per
hour.
.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
12.-Moved by Justice Evans, seconded Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to readvertise for Tree Committee
members.
32.- Vote of the Town Board.' Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman HussJe,
Supervisor Cochran.
This resolution was duly ADOPTED.
13.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the resignation of Patricia Sanchez, an aide with the Expanded In-Home
Services for the Elderly Program (EISEP), effective October 7, 1997.
13.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
l q.-M0ved by Councilwoman Oliva,' seconded by Councilwoman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Board of Commissioners of the I~ishers Island Ferry District
to accept the bid, and execute a contract with Thames Shipyard and Repair
Company, in the amount of $14,650.00, plus additional fees for supplemental
work which may be found necessary or required by cognizant regulatory
authority after the vessel has been drydocked.
14.-.Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duty ADOPTED.
OCTOBER 14, 1997
15.-Moved.by Councilman Townsend, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Board of Commissioners of the Fishers Island Ferry District
to accept the bid, and execute a contract, with Whaling City Dredge and
Dock Corp., in the amount of $31,095'.00, for the removal of.one (1) 7 pile
dolphin and the installation of two (2) & pile dolphins at the entrance to
Silver Eel Cove, Fishers Island, all in accordance with the plans and bid
specifications.
Town Board: Ayes: Councilman Moore, Justice Evans,
Oliva, Councilman Townsend, Councilwoman . Hussle,
Supervisor COchran.
This resolution was duly ADOPTED.
16.- ssJe, seconded by Councilman Tbwnsend, it .was
Town Board of the Town of Southold hereby accep{s
the re nation of Kenneth Meskill from the position of Chairman of the
Conservation Advisory Council, effective July,..1997.
16.- Vote of : the Town Board: Ayes: Councilman Moore, Justice Evans,
COUncilwoman OliVa, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution.was duly ADOPTED.
17.- Moved by Justice Evans, seconded by Councilwoman Hussle, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Scott A. Hilary as Chairperson of the Southold Town ConserVation AdViSory
Council, effective immediately through June 18, 1998.
17.- Vote~ of' 'the Town Board: Ayes: Councilman Moore, Justice Evans,
Oliva, Councilman Townsend, Councilwoman Hussie,
Supe an:.
This resolution was duly ADOPTED.
18.-Moved by Councilwoman Oliva, seconded by Councilman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an agre~ement
between Simplex Time Recorder Co. and the Town of Southold for the
acquisition of a Time and Attendance System; said agreement subject to the
approval of t~e ToWn Attorney.
18.-VOte of .the ToWn Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman OliVa, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
19.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for a Clerk
for the Tax Receiver's' office, December 8, 1997 through January 16, 1998
and May 4, 1998 through July 17, 1998, at a salary of $6.35 per hour.
19.-Vote of~ the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman OlJva, Councilman Townsend, Councilwoman HussJe,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: This next resolution just to explain a little bit
before it is passed on. the State Comptrolle~ Carl McCall sent down a
brochure to my office, which offers certain services from the State, on of
which is a review of fees, user fees, so the Town Board felt that it was
worth taking advantage of, and so this resolution allows us to contact them.
and have a complete study done on users fees in all areas of Town
government.
COUNCILWOMAN HUSSIE: At no expense.
SUPERVISOR COCHRAN: At no expense, it is free service.
OCTOBER 14, 1997
20.-Moved by Councilwoman Hussie, seconded by Councilman Moore,
WHEREAS, State Comptroller H. Carl McCall has instituted a program
Called SMART Reviews; and
WHEREAS, a SMART Review entails the study of a particular function or
functions ~of a local government; and
WTIEREAS, at the conclusion of a SMART Review, the Office of the State
Comptroller (OSC) issues non-binding recommendations suggesting
methods of containing costs and/or enhancing revenues Without raising
taxes; and
WHEREAS, the benefits of partlcipatlng in the SMART program have
been discussed by those officials involved in the management of the Town of
Southold; and
WHEREAS, a SMART Review must be requested by resolution of the
governing board; now, therefore~ be it
~:EsOILVE~D that the office of ~he State Comptroller is hereby invited to
conduct a SMART 'Review in the Town of Southold, focusing on the User
Fees; and be it
FURTHER RESOLVEO that the Town Board of the Town of Southold
hereby designates Senior Accountant John A. Cushman Ii as its:
repr&sentative t° act as a I~aison and contact person with the OSC during
the SMART Review.
20. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor C. och ran.
This resolution was duly ADOPTED.
21 .-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Land Preservation Committee to submit a grant application
to the New York State Department of Agriculture & Markets for Fiscal Year
1997-98, for the purchase of Development Rights in selected farmlands
within the Town of Southold.
COUNCILWOMAN OLIVA: This is a grant application that we are going to
make for the Open Space Bond Act money for matching grants for our
Farmland~ Preservation, so that we can perhaps double the amount of money
that we can spend.
COUNCILMAN TOWNSEND: Was it double or quadruple?
COUNCILWOMAN OLIVA: Triple, which is even better.
21.-Vote of the Town Board: Ayes:
Councilwoman Oliva, Councilmah
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussle,
22.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute a contract
between Conservation Advisors and the Town of Southold for the creation of
foundation mapping for Geographic Information System application, a a fee
of, $5,500.00 for their servlces:
22 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
23.-Moved by Councilman Moore, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the l~th day of October, 1997, a Local Law entitled, ,A
Local Law in Relation to Wireless Communication Facilities"; now, therefore,
be it
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to transmit this Local Law to the Southold Town Planning Board
and the Suffolk County Department of Planning for their recommendations
and reports, all in accordance with the Southold Town Code and the Suffolk
County Charter. This Local Law reads as follows:
O.CTOBER 14, 1997
A Local Law in Relation to Wireless Communication Facllltles
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
.1. Section. 100-13 (Definitions) is hereby amended as follows:
BUILDING.-Any structure having a roof supported by such
t as~ columns posts; piers, walls or air intended for the
hous ng or enclosing of persons, animals,
r material~;:also any combinafi6~'.',0f/~ materials
/ construction, ex~cept where ant ray underground
sO as [o perm tthe useof the ground above.the same as if
n~ ".build'!ng" was present, i The term "building" ~ail include
the term "structure" aS well as [he i~ollowing:
(1) Signs.
(2) Fences.
(3) Wails.
(4) Radio. television, receive-only satellite dish antennas
amateur radio antennas and wireless communication facility
receivinq and transmittinq antennas, except for radio, and
television. ~,uc~, receive-only satellite dish antennas,
amateur radio antennas installed on the roof of a building
and extending not more than twenty (20) feet abo,v~e the
highest level of the roof of such building.
(5) Porches, outdoor bins and other similar structures.
WIRELESS COMMUNICATION FACILITY. A wireless
communication facility is any unstaffed facility for the transmission
and/or receotion of wireless telecommunications services usualtv
consistinq of an wireless communication facility array, connection
cable$:!:an eouioment facility, and a support structure to obtain the
nece~S~iry elevation. The suoport structure is either a buildinq,
telec,-~,rdmunication tower, or other approved structure.
WIRELESS COMMUNICATIONS. Wireless communications shall
m~an any personal wireless services as defined in the
T~t~communications Act or' 1996. which includes FCC licensed
commercial wireless telecommunications services includinq cellular
telephone services, personal communication servfces, specialized
mobile radio, enhanced specialized mobile radio, pa.qin.q, and
similar services that currently exist or that may in the future be
developed. ."
TELECOMMUNICATION TOWER. A telecommunication Iower is a
type of wireless communication facility desiqned and constructed
specifically to support an antenna array, and may include a.
monopole; self-supporting tower, .quy-wire support tower and other
similar structures. A wireless communication facility attached to an
existinq buildinq or structure shall be excluded from this definition.
2. Article XVI is hereby added and shall be entitled "WIRELESS
COMMUNICATION FACILITIES."
3. Section 100-160. Purpose is added as follows:
OCTOBER 14, 1997
It is the express ouroose of this article to minimize the visual and
environmental imoacts of wireless communication facilities while
protectinq the health, safety and welfare of Southold's citizens and
allowin.q wireless :service oroviders to meet their technolooical and
service obiectives. This article allows wireless communication
facilities, and particularly telecommunication towers, to be
reviewed and.apor, oved in ,keepinq with the Town's existinq zoning
and'historic development oatterns, including the size and spacinq
of structures and ooen spaces. Furthermore. the standards herein.
reflect two .oreferences: fl ) that wireless communication facilities
are preferred in industrial areas and (2) that wireless "--
communication facilities be located on existin.q buildings and
towers rather than on newly constructed towers:' Any wireless
communication :facility 'must take into account the aesthetic asoects
of the town. including ooen vistas, scenic byways and historic
districts.
4. Section 100-161. Scope ~s added as follows:
The requlations of this section shall c~overn and control the
erection, enlarc~ement, exoansion, alteration, oueration.
maintenance, relocation and removal of all wireless
communication facilities. The regulations of this section relate to
the location and desiqn of these facilities and shall be in addition to
the provisions of the Southold 8uildinq and Zoninq Codes and any
other Federal, State or Local Laws or Federal Communication
Commission (FCC) regulations pertaining to such facilities.
5. Section 100-162. Location of Use is hereby added as follows:
No wireless communication facility shall be used, erected or
altered in the Town of Southold except~a.s follows:
A.. In. F~esidentiat and Marine Districts including AC, R80, R40,
R'~2i),-R'200. R400. AHD, HD. RR, RO, MI, and MII.'a wireless
communication facility is subiect to site plan approval and must
meet the followinq requirements.
(1)',Wireless Communication Facility¢on Buildinqs- Shall rec]uire a
sp~8ial exception aoproval pursuant to this article. Wireless
communication facilities on buildin.qs shall be no hiqher than ten
feet above, the averaqe height of buildinqs (excludinq signs.
fendes:.'and walls~: within 300 feet of the proposed facility. The
buildinq on which the Wireless Communication Facility is located
must be located at least one hundred reef (100) from the
nearest oropertv line and three hundred feet (300') from any
landmark prooer[v or district listed'by federal, state or town
agencies.
(2) Wireless communication facilities on Existing
Telecommunications Towers shall require a soecial exceotion
approval pursuant to this chapter unless otherwise allowed by the
terms of a prior special exception approval.
LOCTOBER 14, 1997
(3), Wireless Communication Facility onTelecommunications
Towers - Shall re(iuire soecial exception approval oursuant to this
article and shall not proiect hiqher than ten (10) feet above the
averaae heiqht of buildinqs (excludinq skins, fences, and walls)
within three hundred f300) feet of the facility or. if there are no
buildinqs within three hundred (300) feet, these facilities shall not
proiect hiqher than tenf 10)feet above the averaae tree canooy
heiqht in that radius measured from qround level. If there are no
buildinas within three hundred (300) feet of the prooOsed facility
site, all telecommunication towers shall be surrounded bv dense
tree qrowth to screen views of the facility in all directions. The base
of the tower shall be located at least one hundred (100) feet from
the nearest property line and three hundred (300) feet from a
landmark property Or district listed by federal, state or town
aqencies.
(4) A Wireless communication facility is a permitted use, not
requirinq site p an aporoval, if located en property owned, leased
or otherwise controlled by state, federal or town ¢~overnment,
has been
e tieiaht, of such facility may be
established by the pub ic aqency.
or
use. not
leased
a license or
that it does not
exc
B. In Commercial Districts inc udin.q LB...HB and,B a wireless
communication facility is subject to site Ptan'a~proval and must
me~t the roi owinq requirements.
ication, f~ a Permitted
no
buildin.qs.
the.
.(2),Wii~el~sS communication facilities on Existin,q
Te e¢omm~nicat OhS Towers are a permitted ~Use unless otherwis..e..
restri~te.d pursuant to the terms of a pnor special exceptloq
aoprovaL
(3} Wire Communication Facility on ~Felecommunications Towers
area Permitted use,. eut shall not oroiect~ hiqher than twenty feet..
above (he averaqe nei~ht of buildinqs [exc ud n~ siqns, fences.
and walls'~ within three hundred f300~ feet :of the facility or. if there
are no. buildin(]s within 300 feet. these,facilities shall r~ot oroiect
hk~her.than twenty feet abo,~e the averaq~ tree canooy heiqht in..
that radius measured from oround level~ rE there'.are no buildinqs.
within three hundred f300~ feet of the 0ro°0sle~ ifacillty site. all
~elecommunication tcwers shall be surrounded, bv dense tree
.qrowth to screen views of the facility in all directions. These trees
may beexistinq on the sub{ecl property or planted on site. The
base of the tower shall be located at least one hundred feet I100')
[rom the nearest dwelling unit and three hundred feet (300') from
any landmark .properly or district listed by federal, state or town
aqencies.
(4) A wireless communication facility is a permitted use, not
requirin.q site plan approval, if located on property 'owned, leased
or otherwise controlled by state, federal or town government,
provided a license or lease authorizin.q such facility has been
approved by that government.
C. In Industrial DistriCts inclUding LI and LIO. a wireless
communication facility is subject to site plan approval and must
meet the followinq requirements. Wireless communication facilities
are soecifica ly prohibited in any. designated landmark property or
in. districts listed by rederal, state or town a.qencies,
(~ ~ Wireless communication facilities on buildinqs are a permitted
use .provided the hei.qht of the wireless communication facility
does not extend :more:than one hundred feet (100') above the
existino grade and the Wireless communication facility is
Iocaie~l ~t' least one. hundred fee! f 100") from the nearest property
Dine ~nd three huodredfeet (NO0)from.any landmark property or
as follows:
(2) Wireless co _m, munication fact!tries on Existinq
Te ecOmmunications T°wers ar~ Permitted 'OnleSs 'otherwise
restricted pursuant to the terms Of a prior special exception
approval.
(3Y-.Wireless Communication Facility on Telecommunications
Towers are a permitted use provided the heioht of the tower above
qrade:does not exceed one above the existina
at least one
and three
district listed bv
es.
'(,41 A wireless commun cation facility is a permitted use. not
reau r n.q site.clan aporoval, if =located on property owned, leased
or otherwise controlled bv;state.,federal or town qovernment.
approved by that ¢ovemment..
7. Section 100-163. Special Exception Approval is hereby added
A. Authority. The Zoninq Board of Appeals shall be empowered to
iSSue a specia 'exception approval for wireless communication
facilities, subiect to, the provi~Sieos of this Chapter:
B. Standards, In, addition to the standards in Article XXVI
of this code. no special excerption approval shall be qranted unless
the Zonin.q Board of Appeal¢ specifically finds and determines the
followinq:
OCTOBER 1~,, 1997
(1) that the applicant is a oublic utility, and
(2) that construction of/he oroposed facility or modification of the
exist n.q~facility is a oublic necessity, in that it is required to meet
current or expected demands of the telecommunications
provider and to render ade(~uate service to the public· and
(3) ihat theia[~Dlicant has made substantial effort to locate or
collocate, on, existinq towers, .or fain,q that that the aDolicant has
made substantial effort to locate on. federal, state or town land and.
facilities, and
that the facility conforms with a~)olicable ECC rec]ulations: and
(5) that there are compellinq reasons, economic or otherwise,
which make it more feasible to construct th8 proposed facilities
than alternatives.
C. Matters to be considered, in addition to the matters
to be considered in Article XXVI of this code. the Zonin.q Board of
'Appeals shall qive consideration to the followinq in issuing a.
special 'a~oroval for wireless communication facilities:
(:1) the heiOht of the orooosed tower shall be the minimum
flecessarv :to render adeouate service, and
f2~ the Wireless communication facility has. been sit~u, ated to
~inimi~Ze its oroximitv and visibility to res~biential strUctures.
(3) the w reless communication facilities is desiqned and situated
to be compatible with the' nature of uses on adjacent and nearby
properly, and
(4) the:Wireless communication facility has been designed to use
tkie: Sufrbund n.q topoqraphy to minimize its visual impacts· and
(5) the wireless communication facility has been designed to use
the surrounding tree. buildin.q or foliage covera.qe to minimize its
Visual impacts; and
(6)'the wireless communica.tion facility maximizes design
4:hiaracteristics to reduce or eliminate visual impacts or,
obtrusiveness, and
(7) that other adec~uate conditions have been placed on the
wireless communication facility which will minimize any adverse
imoacts of the facility on adio~n~nq properties.
D. Application Requirements. In order to make the above
described determination, the Zoninq Board shall require the
following in addition to the requirements of Article XXVI:
OCTOBER 14, 1997
(1) Each application shall include a survey clearly indicatinq:
(a) the'location, type and heiqht of the wireless communication
facilities: (b) whether it is located on an.existinq structure,
collocated or on a telecommunication tower: (c) on-site land uses
and zoninq;' (d) adjacent land uses. structures and zonin.q within
300 feet; (e) distances between, all.structures: (f).location of
landmark listed by federal, state or town a.qencies within
300:feet: (g)adiacent roadways and/or pdvate rights of w, ay; fh)
proooSed means of access: (i) setbacks from property lin'Ss:
elevation drawin.qs of :the structures: (k) a Ionq environmental
assessment form with visual addendum: fl'~ and other info~mation
deemed by the Zonin~ Board to be necessary, to assess
compliance with this law.
f2) Each application shall include a written site location alternative
analysis describinq the location of other si(es considered, the
availability of those sites, the extent to which other sites do or do
not meet the orovider's service or enaineerin(~ needs, and the
reason why [he sub~ect site ,Nas chosen.
(3) The applicant shall document to the satisfaction of Zoning
Board-Of Appeals that a .qood faith effort has been made to locate
or collocate on existinq towers or other available and appropriate.
buildin.qs and structures, that it is not feasible tocollocate on an
existing facility, and that the proposed location is necessary tq
provide ad%uate Service to the public. The documentation shall.
,include a notarized, statement by the applicant as to whether
construction of the wireless communication facility will.
accommodate collocation of additional antennas for future users.
(4) Each application shall include a plan which shall reference
all existin¢ wireless Cor~munication Facility locations in the
Town of Southold. any such facilities in the abuttinq towns which
prov, ide service to ar. eas.within the Town of Southold. any chan~qes.
and the discontinuance or.
at the
~t Wireless.
,informatiOn for
i'5) A landscape plan showinq specific landscape materia s fencinq
and maintenance arran.qements.
(6~ The Zoninq Board of Appeals may retain technical consultants
as it deems necessary to provide as§istance in the review of the
needs and site location alternatives analyses and other matters
that the Board deems necessary. The applicant shall bear the
reasonable cost associated with such consultation, which cost shall
be assessed as an .additional aoplication fee. In no case shall the
fee be more than five percent (5%).of the total project co.st as
determined for building permit fee assessment purposes.-
(7) A copy of the deed or lease aqreement establishing aoplicant's
riaht to use the oarcel on which the wireless communication
facilities is to be located.
OC',-ro R ,4, 343
(8) An en,~ineerinq analysis of the radio emissions and a
proDa.qatiOn map for the prooosed wireless communication facility.
The analysis shall be oreDared and siqned by a New York State
licensed professional enqineer specializinc~ in electrical
enqineerino with expertise in radio-communication facilities. The
results from the analysis must clearly show that the Dower density
levels of the electromagnetic ener,qy ~lenerated from the proposed
facility are within the allowable ,limits established by the FCC which
are in effect at the time of the application, If the wireless
commUniCation facilities,would be c° located with an existin.q
facility, the cumulative effects of them must also be analyze~J. The,
power'density analysis shall be based on the assumption that all
antennas mounted on the proposed facility are simultaneously
transmitiinq radio enerqy at a power level equal to the maximum
antenna power ratin.q specified by the manufacturer.
(9) A~searCh rin.q': prepared, siqned and sealed by a qualified
radiO,frequency end 'neer reqiStered in New York and overlaid oq
an appropriate backqround map demor]stratinq the area withiq
Which the Wireless communication facility needs t° be located in .
order to prOVide proper Si,qnal strenclth and coveraqe to the tar.qe,t.
cell; The adp icant must be prepared ,to explain tO ,the ZOnin.q
Board why it selected the pCOposed site. discuss the availability o. ,r
aCk thereof of a suitable structure within the searF,,h rind for
collocationi and the extend to which the apolicant' has explored
Iocatin.q the proposed tower in a more intensive use district.
Corresponden, ce w th other te ecommunication prOViders
concernincl col Ocation is part of this requkemen, t.:
E. Gond tions T~he: Zoni'nq Board shall consider' the followinq in
eStabl shin.q condit ons~ :0rathe iissuance :of :the :spec al exception
approval.
:ions rec~uired
~ider the
i~tions, the
n'~ facility
; orovider, and
· .c, sin
:: pro~ide.r,
(2) In aDprovinq a Special Exception the Zoninq Board may waive
or reduce the'criteria in this Adicle. to the extent soecified below, if
the Zoninq Board concludes that th.e qoals and, stated ourooses of
this law are better served, and that doin¢l so will have no
detrimental effect on adiacent oroperties or on the oublic health.
safety and welfare and,thereby:
i. Ihcrease the heiqht of the proposed tower to a limit of
fifteen feet over the hei~qht allowed by this code.
ii.
Minimize proximity of the tower to residential structures or
historic 18 ndmarks listed by federal, state or town.
aoencies:
iii. Modify the o aht n,q of surroundinq tree coveraqe and.
folia.qe to account for existinq Ce.qetation and land
contours:
iv. Modify the desiqn of the tower, with particular reference
to design characteristics that reduce or eliminate visual
obtrusiveness:
f3) At the reauest of the buildin.q inspectors, which shall be no
more freauently than annually, the provider shall have each
wire[ess communication facility inspected at its own expense, and
a copy of the inspection report shall be promptly transmitted to the
buildinq:inspector. Radio emission inspections shall be performed.
by anew York State licensed professional en.qineer specializinq in
eiecirical .enqineerin.q ~ith expertise in r~dio .communication
facilities; The radio emissiOr~, inspection shall describe the power
density levels of.,the electromaqnet~c enerqy qenerated from lhe
facility, includinq the cumulative effects of collocated antennas. In
the. event that' the radio,emission inspection indicates that the
electromaqnetic enerqY qenerate~j' from the faoility are above the
allowable limits, stated within the apolicable FCC or ANSi
standards Or other apolicabie state or. federal quidelines in effect.
theapmlicant shall'cease all use of;the fadiity until such time as it
proves:t0 the satisfaction of the buildinq 'inspecto~ that tile power
density evels of the e ectromaqnetic enerqy to be aenerated are
below the. applicable standards.
(4) Any soecial,exceotionapproval arant:ed under this Article shall
nave a term of five years, commencinq from the qrant of the special
except;ion, whidh maybe ex[ended foran additional five year term
uoon aa: ~oard. On a renewal application.
tha:t the wiretess ~;ommunication
facility ~les and
litions of the suecial exceotion
~rovide
alternative
Service without
the~ ~otion
lC
8. Sectior~ '100-164. Historic Buildings and Districts is hereby
added as follows:,
A. Any wireless communication facility located oQ
or within an historic structure listed by federal, state or town
a.qencies shall not alter the characte¢,defininq features, distinctive
construction methods, or oriuinal materials of the building.
B. Any alteration made to an historic structure to
accommodate a wireless communication :facility
shall be fully reversible.
C. Wireless communmation facilities within an historic district
listed by federal, state or town aqencies shall be concealed within
or behind existinq architectural features, so that they are not
visible.
.'OCTOBER 14, 1997
9. Section 100-165, Design Standards is hereby added as follows:
The followino desiqn standards shall apply to wireless
communication facilities installed or constructed pursuant to the
terms of this chapter.
A. Camouflaoe on Buildin.qs. When a wireless commun ication
facility extends above the roof hei,qht of a building on which it is
mounted, every, effort shall be made to conceal the facility within or
behind existino architectural features to limit its visibility from oublic
ways but sti II oermits the facility to perform its desiqnated function.
Fadlities mounted on a roof shall be steoDed back from the front'
facade in order to limit their impact on the buildinq's silhoi~ette. The
wireless communication facilities shall blend in with the existinq
buildino's architecture and. if over five f5~ Square feet. shall be
painted or shielded with material which is consistent with the
desion features and materials of the buildina.
B. The minimum lot size for the sitino of a telecommunication tower
shall be in accordance with the followinq. No tower can be built on
a lot which is nonconforminq in size to the requirements set forth
below:
Minimum Lot Area-
Commercial Districts,
Minimum Lot Area-
Residential and
Marine Districts
Minimum Lot Area-
Industrial Districts
Per Bulk Schedule
per zone
Per Bulk Schedule per
zone
5 acres
C, Setbacks. Towers and Equipment Facilities shall adhere to the
setbacks for principal uses in the Bulk Schedule applicable to the
zoribin which the structure(s) are located.
D. Fe'n(~in,q. The base area of a telecommunication tower and
eqdiDment facility shall' be enclosed with a black vinyl chain link
f~idce not less than six feet (6') in heioht.
E. Siqns. Si~lns shall not be permitted on towers except for siqns
di$ol,ayin,q contact information and safety instructions. Such sions
shall not exceed five f5) square feet in surface area.
F. Equipment Facility. Equipment accessory to the wireless
communication facility may be Iocate~l within an existin,q buildin.q.
In newly constructed buildin,qs and structures an equipment facility
is limited to 500 square feet in floor area. If the newly constructed
equioment facility is desioned for collocation, the facility may be UD
to 1000 square feet. The equipment facility shall be constructed
with a finish similar to that of adiacent structures on the property.
and inteqrated into the architectural style. Any newly co~fstructed
eouipment facility shall be located in accordance with the minimum
hei0ht and yard requirements of the zoninq district applicable to
the site and no more than two adiacent off-street oarkinq spaces
shall be provided for service vehicles. Any reqradinq for
stormwater retention [hat is required by the Town Engineer ~hall be
accommodated on-site.
G. Site Liahtinq. As independent freestandinq facilities on separate
sites will not be accessible to the public, the li,qhtinq permitted shall
be the minimum required to protect the public welfare. Facilities
sited on existina develooed sites shall be incorporated into the
liqhting and landscapinq plans of those sites.
H. Access. Access to tower or monopole areas shall be from
established site access points whenever possible..
I. Dish Antennas. Dish antennas shall be co ored, camoufla.qed or
screened to the extent that they are as unobtrusive as possible and
in no case shal the diameter of a dish antenna exceed six feet (6').
Electric Line Setback. No wireless communication facility shall
be located'nearer than a distance equal to its heipht above the roof
or.other permanent structure to whioh, it is attached to any
overhead electric transmission line carnfin¢l more than two hundred
twenty f220) volts.
Collocation. Wireless Communication Facilities shall be
desiqned to prov de for collocation by multiple providers; or
desiqned so that they can be retrofitted to accommodate multiple
oroviders.
t0. Section 100~166. Appearance is hereby added as follows:
A. Scenic Landscaoes and Vistas. Al telecommunication towers
which are not camouflaqed by existing buildinqs or structures shall
be surrounded by a buffer of dense tree growth. A wireless
communication facility that is located within 300 feet of a scenic
vista, scenic landscape or scenic road. as desionated by the town,
-shall not exceed the heiqht of veqetation at the proposed location.
.1[;[ti~ facility is located farther than 300 feet from the scenic vista.
§~;enic landscaue :or scen c road. the heiqht regulations described
elsewhere in this article shall apply..
.i.~.B, Base LandscaDinq. A screen of everfreen trees shall be
· ".,planted outside the fence of the telecommunication tower base
-." area tc~ prov de a visual screen or buffer for adioinin,q private.
- .¢roperties and the public riGht-of-way. Required front yard setback
"areas shall be landscaoed.
C. Color. Towers shall.either be blue/qrav in color, have a
.qalvanized finish, or be colored appropriate to the tower's
Iocationel context to the extent that the tower, is as unobtrusive as
oOssible, unless Otherwise rec~uired by the' Federal Aviation
Administration (FAA). If a wireless communication facility is
installed on a structure other than a tower, the antenna and
suPPorting electrical and mechanical equipment must be of a
neutral color that is identical to or closely compatible with the
COlors of the supporting structure so as to make the antenna and
related equipment as visualW unobtrusiveas possible.
D. Camouflaqe by Ve.qetation for Residential Screening.
Where the site proposed for a freestandinq tower structure is
located within a residential zone or has one or more property lines
abuttinq or on the opposite side of a street from a residential zone
or use permitted in a residential zone, large trees and/or existin.q
and proposed bUildin.qs on the site shall be used to provide an
anqle Of occlusion from the property line to the top of the structure
of 50 de.qrees Or less (50 deqrees from the horizon line is the
upper limit of the normal vertical cone of vision),. To achieve the
occlusion, a row of mixed deciduous and everqreen trees
shall be preserved and/or planted at 50% of [he distance be[ween
the tower and the oroperty line. and a second row at 90% of the
distance between the tower and. property line (see illustrations
inches, be soaced on 30 foot ~:enters and have a typical heiqht at
maturity of at least 50 feet. A three year bond: or other assurances
shat be requ red [o ensure thai the plant nqs survive and are
maintained.
_--: =/A~C_,N
E. -Alternate Screenin.q. The location of a cellular wireless
communication facility on an existinq water tower, silo or equivalent
vertical structure, including an existinq cellular, radio or television
tower, is permitted without the need to meet Conditions A, B, C and
D above, provided that the hei.qht of the existinq structure is not
increased as a result of the attachment of the cellular structure. A
decorative disguising structure such as a clock tower may also be
approved as an alternative to Conditions A, B. C and D at the
discretion of the Zonin.q Board. If the hei.qht of the existin.q
structure is to be increaseo by the attachment of the new structure,
all of the conditions herein shall apply as to a new freestandin.q
structure.
F. Commercial and Industrial Sitin.q. Towers to be sited on
develooed commercial or industrial oroperties shall be located to
the rear of other pnncipal buildinqs and shall not encroach on
plantinq buffers, parkinq areas or otherwise impair the operation of
previously aooroved systems such as stormwater drainaqe basins.
Existinq buildincls and structures should be used in the sitinq of
freestanding towers to contribute to [h~ visual screeninq Of the
tower.
G. Commercial. Towers to be sited on undeveloped properties in
the commercial districts shall apply the standards of the condition
in §100-165(C) herein lo all property lines, includinq the streeUine,
except that a driveway shall be permitted to qain access to the.
facility for maintenance personnel and equipment.
H.: Airport Requlations All towers shall comply with applicable
Airport H~zard'Requlations and shall be subiect to approval from
the Federal.Aviation'AdministratiOn for local on; height ahd iqhtin.q
]irport or otherwise.
11. Section 100-167. Removal .is hereby added as follows:
A, Any Wireless communication faCility: that'is not operated for a
continuous period of'b,velve fl;2):months shall .be deemed
abandoned. At that time the.owner of the wireless communication
facility shall, remove safne ,~viihin ninet¥,A day~ of SUch deemed
abandonment.' in the Case Of ~ Wii~¢lesS:commU~ication facility oq
preexistin,cl structures, this provision '.shall abuiv t° the wireless.
facility shall remove same within ninety days of such deemed
abandonment. In the case of a wireless communication facility on
preeXistinq structures, this provision shall apply to the wireless
communication facility only. If the wiretess communicatioQ
the buildin.q
;hall
to
tax lot on
same
follows:
12. Section 100~168. NonconfOrming Uses is hereby added as
,P. FS;-existin~ telecommunication towers shall be allowed to continue
tki~ir usaqe as they presently exist. New construction, otlqer than
maintenance on a pre-existinq tower, s_hall comply with the
requirements of this ordinance.
13. Section 100-169. Severability is hereby added as follows:
The various carts, sections and clauses of this local law are hereby
declared to be severable. If any part. sentence, paraoraph, sectioq
or clause,is adiudqed unconstitutional or invalid by a court of
comoetent' jurisdiction, the remainder of the ordinance shall not be
affected therebY..
14. Section 100-31. Use regulations in A-C, R-80, R-120," R-200
and R-400 Districts is hereby amended as follows:
B. Uses permitted by specia! exception by the Board of
Appeals. The following uses are permitted as special exception by
the Board of Appeals. as hereinafter provided, and. except for two
family :dwellings arid the. uses set fodh in Subsection B(14) hereof.
are su. biect to site: plan approval by the Planning Board:
OCTOBER 14, 1997
34. 9.
6) Public utility rights--of;way as well as structures and other
installations necessaw to serve areas within the town. except that
wireless communication facilities must obtain approval pursuant to
Article XVI, subject to such conditions as the Board of Appeals may
impose in order to protect and' promote the health, safety,
appearance and general welfare of the community and the
character of the neighborhood in which the proposed structure is to
be constructed.
15. SeCtion 100-131. Use regulations in the LIP. District, is.hereby
amended as follows:
B. 'Uses permitted by special exception of the Board of
Appeals. The following uses are permitted as a special exception
by the Board of Appeals as hereinafter provided, subject to site
plan approval by the Planning Board:
(4) Public utility structures and uses. except that wireless
commun cation facilities must obtain approval pursuant to Article
XVl.
16. Section 100-230 (D) Exceptions and modifications, is hereby
amended as follows:
D. Height exceptions. The height limitations of this chapter shall
not apply to:
(1) Spires. belfries, cupolas and domes not for human occupancy;
and monuments, transmission towers, excludin.q
telecommunication towers, chimneys, derricks, conveyers,
flagpoles, radio towers, television towers and [elevision aerials,
provided that any television or radio aerial shall not be located
nearer than a distance equal to its height above the roof or other
permanent structure to which it is attached to any overhead electric
tr~'nsm, ission line carwing more than two hundred twenty'=(220)
volts. -
(2) Bulkheads. observation towers, monitors, fire towers, hose
tOWers, cooling towers, water towers, grain elevators or other
.'~tru~tU'r~s where a manufacturing process requires greater height
but excludinq wireless communication facilities, provided that any
sudh.st~ctures that are located on any roof area that exceed in
height the limits in the particular district shall not in the aggregate
occupy more than twenty percent (20%) of the horizontal area of
the ~oof and are set back one (1) root from the edge of the roof for
eac,~ additional fcot in height greater than the specified height.
(3) All mechanical equipment necessary to operate building
sources, which equipment is located on the roof of a structure.
shall be screened in a manner approved by the Planning Board.
II.
State.
This local law shall take effect upon filing with the Secretary of
* Underline represents additions
Strikethrough represents deletions
23.-Vote of the Town Board~ Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: If this sounds familiar it is because this is the
second time around for this particular ordinance, and we have changed it in
certain significant ways.
24.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of NelsOn, Pope ~ Voorhis,.LLC, at a cost not to exceed
$600.00, to update their. environmental 'rev ew with regard to the proposed
"Local Law in Relation to Wireless Communication Facilities''.
24.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
COuncilWoman · Oliva, '. 'Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
25.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the ToWn of Southold hereby accepts,
with regret~ the resignatibn of .John C. Cronin, Jr., P.E., New
Suffolk/C~utchogue~.hamlet member of the Southold ToWn Architectural Review
Committee, effective October 17, 1997.
25.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Counc nan Townsend, Councilwoman Huss[e,
Supervisor Gc
This resolution .was duly ADOPTED.
26.-Moved by CoUncilwoman Oiiva, seconded by Councilman Townsend, it was
RESOLVED that 'the Town Board of the Town of Southold hereby
reappoints Garrett A. Strung to the position of Committee member of the
Architectural Review .Committee, effective October 17, 1997 through October
17, 2000, and reappoints the following hamlet members, effective Octobe~r
17, 1997 through.: October 17, 1999: Herbert Ernst, Southold/Peconic,
Robert Keiti% M~t{ituck/Laurel, all to serve without compensation.
26.-Vote of th~ 'TOWn Board: Ayes: Councilman Moore, Justice Evans,
Counci'lWoman . Oliva~ Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
27.-Moved by CounCilWoman Hussie, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for the
following hamlet members for the Architectural Review Committee: Fishers
Island, Orie ~t[East Ma~ion/Creenport, and New 5uffolk/Cutchogue.
of BOard: Ayes: Councilman Moore, Justice Evans,
Councilman Townsend, Councilwoman Hussie,
This resolut was duly ADOPTED.
28.-Moved by Councilwoman Oliva~ seconded by Councilman Townsend, it was
RESOLVED t~hat Town Board of the Town .of Southold hereby accepts,
of Walter Caipa, member of the Southold
effective October 2L~, 1997.
28.-Vote : Ayes: Councilman MoOre, Justice Evans,
Coun~ ira> Townsend, Councilwoman Hussie,
This resolution was duly ADOPTED.
29.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints-
the following individuals to the Southold Town Substance Abuse Committee,
effective October 2~,, 1997 through October 2u~, 1998: Clement Charnews,
Jr., Chairman, Cynthia Kumelos-Smith, Kathleen McKeighan-Simpson,
Dectective Beth Dzenkowski, Rory Simpson, Lynn Carlson, Joseph
Santor, they to serve without compsensation.
29.-Vote of the ToWn Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva, Councilman Townsend, Counc[Iwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
OCtObER 351
30.-Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED 'that the Town Board of the Town of Southold hereby
authorizes and. directs the Town Clerk to advertise for resumes for three
(3) members for the Southold Town Substance Abuse Committee.
30.-Vote of the Town Board: Ayes: Councilman Moore. Justice Evans.
Councilwoman Olive, Councilman Townsend, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
3,1 .-Moved by Coun~:|lmanl Townsend, seconded by Councilman Moore, it was
~ RESOLyi~D that the Town. Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for a
Fishers Island Board of ~.ppeais me..m, ber in The ,Suffolk Times and the New
London Day,' for an individual to fill the unexpired term of Serge Doyen,
Jr. to December 31, 1998 (Mr. Doyen is retir|ng effective November 1,
1997).
31 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Olive, Councilman Townsend. Councilwoman Hussle,
Supervisor Cochran.
Thl~ reSolutiOn was duly ADOPTED.
32 .-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town. Board of the Town of Southold hereby adopts
the' following salary scale for the position of Administrative Assistant:
7/i/97 _1/_l.J~
Entry 28,5i5.64 2~,5~5.64
I 32,286.92 33,686.92
2 33,21 t.14 34,611.14
3 34,135.35 35,53535
4 35,059.56 36,459.56
5 35,983.77 37.383.77
32.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Ollva. Councilman Townsend, Councilwoman Hussle,
Supervisor Cochran,
This resolution was duly ADOPTED.
33.-Moved by Councilwoman Hussle, seconded by Councilman Townsend,
RESOLUTION ADOPTING AN ORDER AUTHORIZING THE
RECONSTRUCTION OF THE WHARF HOUSE FACILITY AND THE
PUBLIC.-RESTROOMS BUILDING AT FOUNDER'S LANDINC
PARK, IN THE SOUTHOLD PARK DISTRICT, NEW YORK, AND
THE APPROPRIATION OF $20,000 TO FINANCE A PORTION
OF THE COST THEREOF.
Recitals
WHEREAS,.-the Board of Commissioners of the Southold
Park District (the' "Park District"), in the Town of Southold (the
"Town"), in the County of Suffolk, New York, pursuant to the
resolution duly adopted and subscribed by said Board of
Commissioners on August 28, 1997, and, together with a petition
in due form, duly submitted to the Town Board of the Town (the
"Town Board"), has requested the Town Board to appropriate
$20,000 .to pay a portion of the cost of reconstructing the Wharf
House facility and the public restrooms building at the existing
Founder's Landing Park, in the Park District, the estimated
maximum cost thereof being $80,000, of which $60,000 has been
provided from available moneys of the Park District, including
its Capital Reserve Fund, and to finance':such appropriation by
OCTOBER 14, 1997
the issuance of obligations of the Town in the principal amount
of $20,000 pursuant to the Local Finance Law, and that to pay the
principal of and interest on such obligations as the same shall
become due and payable, a sum sufficient therefor shall be levied
and collected from the several lots and parcels of land within
the Park District, in the same manner and at the same time as
other Town charges; and further, that the Town Board call a
special meeting of the Park District for purposes of (i) holding
a public hearing to hear all persons interested in such
reconstruction, appropriation a~d financing and (ii) voting upon
a proposition therefor; and
WHEREAS, pursuant to the Order of the Town Board dated
September 16, 1997, a public hearing was duly called and held on
the 30th day of September, 1997, at 4:45 o'clock P.M. (Prevailing
Time), at the Southold Town Hall, 53095 Main Road, Southold, in
the Town, at which time all. persons interested were duly heard
concerning such reconstruction, appropriation and financing; and
WHEREAS, at said meeting of the Town Board and
following such public hearing there was submitted to the
qualified voters of the Park District a proposition (set forth in
said Order) for.~pproval or disapproval of such reconstruction,
appropriation and financing and said proposition was duly
approved by a.maj0rity of the qualified voters present and voting
thereon at th~'Fou~der's Landing Wharf }louse, tn the Park
District, between"th~ hours of 5:00 o'clock P.M. (Prevailing
Time) and 8:00 O;~lo~k P.M. (Prevailing Time);
NOW, THEREFORE, BE IT
RESOLVED, that the following Order be and the same is
hereby adopted:
OCTOBER 14, 1997
353
PRESENT:
At a regular meeting of the
Town Board of the Town of
Southold, in the County of
Suffolk, New York, at the
Southold Town Hall, 53095 Main
R6ad, Southold, in said Town,
on the 14th day of October,
1997.
Hon. Jean W. Cochran, Supervisor
Alice J. Hussie, Councilperson
Joseph L. Townsend, Jr., Councilperson
Ruth D. Oliva, Councilperson
Louisa P. Evans, Justice
William D. Moore, Councilperson
IN THE MATTER
of
The reconstruction of the
Wharf House facility and the
public restrooms building at
Founder's Landing Park, in the
Southold Park District.
X
X
ORDER AFTER
PUBLIC HEARING
AND ELECTION
WHEREAS, the Board of Commissioners of the Southold
Park District (the "Park District") of the Town of Southold (the
"Town"), Suffolk County, New York, pursuant to the resolution
duly adopted and..subscribed by said Board of Park Commissioners
on August 28, 1997, and, together with a petition in due form,
duly submitted~.t0 the Town Board of the Town (the "Town Board"),
has requested ~t~e ~6W~ Board to appropriate $20,000 to pay a
portion of the'co~t"~f reconstructing the Wharf House facility
and the public restrooms building at the existing Founder's
Landing Park, in the Park District, the estimated maximum cost
thereof being $80,000, of which $60,000 bas been provided from
available moneys of the Park District, including its Capital
Reserve Fund, and to finance such appropriation by the issuance
of obligations of the Town in the principal amount of $20,000,
pursuant~to the Local Finance Law, and that to pay the principal
of and interest on such obligations as the same shall become due
and payable, a sum sufficient therefor shall be levied and
collected from the several lots and parcels of land within the
Park District, in the same manner and at the same time as other
Town charges; and further, that the Town Board call a special
OCTOBER 14, 1997 :
meeting of'the Park District for the purposes of (i) holding a
public hearing to hear all persons interested in such
reconstruction, appropriation and financing and (ii) voting upon
a proposition therefor;
WHEREAS, pursuant to the Order of the Town Board dated
September 16, 1997, a public hearing was duly called and held on
the 30th day of September, 1997, at 4:45 o'clock P.M. (Prevailing
Time), at the SoUthold Town Hall, 53095 Main Road, Southold, in
the Town, at which time all persons interested were duly heard
concerning such reconstruction, appropriation and financing; and
WHEREAS, at said meeting of the Town Board and
following such public hearing there was submitted to the
qualified voters of the Park District a proposition (set forth
in said Order) for approval or disapproval of such
reconstruction, appropriation and financing and said proposition
was duly approved by a majority of the qualified voters present
and voting thereon at the Founder's Landing Wharf House, in the
Park District, between the hours of 5:00 o'clock P.M. (Prevailing
Time) and 8:00 o'clock P.M. (Prevailing Time);
NOW, THEREFORE, IT IS HEREBY
DETE~NED, that it is in the public interest to
reconstruct the Wharf House facility and the public restrooms
building at the existing Founder's Landing Park, and to
appropriate sa~d amoqnt of $20,000 to pay a portion of the Cost
thereof, as herein~bgve described and referred to; and
IT IS HEREBY
ORDERED, that the cost of such reconstruction
heretofore authorized, which authorization is hereby ratified,
confirmed and approved, shall not exceed $80,000, the amount
stated in the notice of public hearing as the estimated maximum
cost thereof, of which $60,000 has been provided from available
moneys of the Park District as hereinabove described; and
IT IS HEREBY
OCTOBER 14, 19'97 355'
FURTHER ORDERED, that the expense of said
reconstruction in the Park District, shall be assessed, levied
and collected from the several lots and/or parcels of land within
said Park District, in the same manner and at the same time as
other Town charges; and
IT IS HEREBY
FURTHER ORDERED, that all further proceedings with
respect to said reconstruction other than the financing of such
appropriation shall be conducted by Said Board of Commissioners
and the power to so conduct such proceedings is hereby delegated
to said Board; and
IT IS HEREBY
FURTHER ORDERED, that the Town Clerk record a certified
copy of this resolution and order after public hearing in the
office of the Clerk of the County of Suffolk within ten (10) days
after adoption thereof pursuant to Section 195 of the Town Law.
DATED: October 14, 1997
Southold, New York
Jean W. Cochran
Jean W. Cochran, Supervisor
Alice J. Hussie
Alice J. Hussle, Councilperson
Joseph L, Townsend
Joseph L. Townsend, Jr., Councilperson
Ruth D. Oliva
Ruth D. Olivia, Councilperson
Louisa P. Evans
Louisa P. Evans, Justice
William D. Moore
William D. Moore, Councilperson
Members of the Town Board
of the Town of Southold
33. - Vote of the Town Board: Ayes: Councilman Moore, J ustlce Evans,
Councllwoman Oliva, Councilman Townsend, COuncilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
34.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
ADOPTED OCTOBER 14, 1997, APPROPRIATING $20,000 TO
FINANCE. THAT PORTION OF THE COST OF RECONSTRUCTING
THE WHARF HOUSE FACILITY AND THE PUBLIC RESTROOMS
BUILDING AT FOUNDER'S LANDING PARK, IN THE SOUTHOLD
PARK DISTRICT, NOT PROVIDED FROM AVAILABLE MONEYS
OF SAID PARK DISTRICT IN THE AMOUNT OF $60,000,
STATING :THE ESTIMATED MAXIMUM COST THEREOF IS
$80,000, AND AUTHORIZING THE ISSUANCE OF $20,000
SERIAL.BONDS OF SAID TOWN TO. FINANCE SAID
APPROPRIATION.
Recitals
WHEREAS, the Board of Commissioners of the
Southold Park District (hereinafter sometimes called the "Park
District"), in the Town of Southold (hereinafter sometimes called
the "Town"), in the County of Suffolk, New York, pursuant to the
resolution duly adopted and subscribed by said Board of
Commissioners on August 28, 1997, and, together with a petition
in due form, duly submitted to the Town Board of the Town
(hereinafter sometimes called the "Town Board"), has requested
the Town Board to appropriate $20,000 to finance that portion of
the estimated maximum cost of $80,000 not provided by available
moneys of the Park District, including its Capital Reserve Fund,
in the amount O~" ~60,000, for the reconstruction of the Wharf
House facility.'and'the public restrooms building at the existing
Founder's Landi. ng park, in the Park District, the Park District
having hereto~6:~e.ex~ended therefor $60,000 from such available
moneys, and to finance such appropriation by the issuanoe of
obligations of the Town in the principal amount of $20,000
pursuant to the Local Finance Law and that to pay the principal
of and interest on such obligations as the same shall become due
and payable, a sum sufficient therefor shall be levied and
collected from the several lots and parcels of land within the
Park District, in the same manner and at the same time as other
Town charges; and further, that the Town Board call a special
meeting of the Park District for the purposes of (i) holding a
public hearing to hear all persons interested in such
construction, appropriation and financing and (ii) voting upon a
proposition therefor; and
OCTOBER 14, 1997 357
WHEREAS, pursuant to the Order of the Town Board dated
September 16, 1997, a public hearing was duly called and held on
the 30th day of September, 1997, at 4:45 o'clock P.M. (Prevailing
Time), at the Southold Town Hall, 53095 Main Road, Southold, in
the Town, at which time all persons interested were duly heard
concerning such construction, appropriation and financing; and
WHEREAS, following such public hearing there was
submitted to the qualified voters of the Park District a
proposition for approval or disapproval of such reconstruction,
appropriation and financing and said proposition was duly
approved by a majority of the qualified voters present and voting
thereon; and
WHEREAS, pursuant to the Order After Public Hearing and
Election adopted on October 14, 1997, the Town Board determined
that it is in the public interest to reconstruct the Wharf House
facility and the public restrooms building at the existing
Founder's Landing Park, in the Park District, and approved the
reconstruction as hereinabove described and referred to; and the
appropriation of $20,000, to be financed by the issuance of
obligations of the Town, to pay that part of the $80,000
estimated maximum cost of such reconstruction not provided from
available moneYs of the Park District as hereinabove referred to,
the said amount of $80,000 having been stated in the Order
Calling Public:-Hear~ng as the estimated maximum cost thereof; and
that the expense ~f said reconstruction in the Park District,
shall be assessed, levied and collected from the several lots
and/or parcels of land Within said Park District in the same
manner and at the same time as other T~wn charges;
Now, therefore be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not
less than two-thirds of all the members of said Town Board), AS
FOLLOWS:
Section 1. The Town of Southo]d hereby appropriates
the amount of $20,000 to pay that portion of the estimated
maximum cost of $80,000 not provided from available moneys of the
Park District, as referred to in the Recitals hereof, for the
reconstruction 0f the Wharf }louse facility and the public
restrooms building at Founder's Landing Park in the Park
District, including purchase of the original furnishings,
equipment, machinery and apparatus required in connection with
the purposes for which said Wharf House facility and building, as
son reconstructed, are to be used. The estimated maximum cost of
said specific object or purpose, including preliminary costs and
costs incidental thereto and the financing thereof, is $80,000
and the plan of financing includes the expenditure of available
moneys of the Park District in the amount of $60,000 as
hereinabove referred to, the issuance of $20,000 Zerial bonds of
the Town to finance the balance of said appropriation, and the
assessment, levy and collection from the several lots and/or
parcels of land within Said Park District, in the same manner and
at the same time as other Town charges, to pay the principal of
said bonds and the interest thereon as the same shall become due
and payable. .'""'"
Section 2. Serial bonds of the Town in the principal
amount-of $20,000, are hereby authorized to be issued pursuant to
the provisionS]~6f-th~ Local Finance Law, constituting Chapter
33-a of the consolidated Laws of the State of New York (herein
called "Law,'), to finance said appropriation.
Section 3. Th~ following additional matters are hereby
determined and declared:
(a) The said Wharf House facility and public restrooms
building are of Class "B" construction as defined by Section
11.00 a. ll.(b) of the Law, and the period of probable usefulness
of specific object or purpose for which said $20,000 serial bonds
authorized pursuant to this resolution are to be issued, within
the limitations of Section 11.00 a. 12 (a) (2) of the Law, is
fifteen (15) years.
(b) The proceeds of the bonds herein authorized and
any bond anticipation notes issued in anticipation of said bonds
may be applied to reimburse the Town for expenditures made after
the effective date of this resolution for the purpose for which
said bonds are authorized. The foregoing statement of intent
with respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United States Treasury
Department.
(c) The proposed maturity of the bonds authorized by
this resolution will exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of validity
as prescribed by Section 52.00 of the Law and said bonds and any
notes issued in anticipation of said bonds shall be general
obligations of the Town, payable as to both principal and
interest by gen~ai' tax upon all the taxable real property within
the Town without l'i~itation of rate or amount. The faith and
credit of the-ToW~a~e hereby irrevocably pledged to the punctual
payment of the"pri~pal of and interest on said bonds and any
notes issued in anticipation of the sale of said bonds and
provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization .and redemption of the
bonds and any notes in anticipation thereof to mature in such
year and (b) the payment of interest to be due and payable in
such year.
Section 5. Subject to the provisions of this
resolution and of the Law and pursuant to the provisions of
Section 21.00 relative to the authorization of the issuance of
bonds with substantially level or declining annual debt service,
Section 30.00 relative to the authorization of the issuance of
bond anticipation notes and of Section 50.00 and Sections 56.00
to 60.00 of the Law, the powers and duties of the Town Board
relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of
the bonds herein authorized, and any bonds heretofore-or
hereafter authorized, and of any bond anticipation notes issued
in anticipation of said bonds, and the renewals of said bond
anticipation notes, are hereby delegated to the Supervisor, the
chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by
this resolution and of any notes issued in anticipation of the
sale of said bonds may be contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to expend
money, or
(b) the provisions of law which should be complied
with at the date of the publication of such resolution are
not substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
(c) such obligations are authorized in violation of
the provisions of the constitution.
Sect~6n .7. This bond resolution shall take effect
immediately, and the Town Clerk is hereby authorized and directed
to publish the foregoing resolution in full together with a
Notice attache~"'i~ ~bstantially the form prescribed by Section
81.00 of the Law in the "TRAVELER-WATCHMAN," a newspaper
published in Southold, New York, having a general circulation in
the Town and hereby designated the official newspaper of said
Town for such publication.
3q.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
CbuncilWoman Oliva, Councilman Townsend, Councilwoman Hussle.
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We have a couple of minutes before we have our
hearing, which is scheduled at 8:00 o'clock. The 8;00 o~clock is on a
"Local Law in Relation to Peconlc Bay Boulevard", and the next hearing at
8:02 is on the question of acquisition by the Town of Southold for
development rights in agricultural lands. We have one or two minutes.
"3-61
OCTOBER 14, 1997
COUNCILWOMAN HUSSIE: I will take one minute. We did Resolution 27,
which was asking the Town Clerk to advertise for resumes for hamlet
members for the Architectural Review Board, and I just wanted to let those
people, who might be interested in this, know that this is a Board that
meets on call, so to speak, when there are commercial structures being
proposed for the various hamlets that particular section of the
Arc.hitectural Review Board comes into play, so that if something, is going
on in ~New Suffolk/CUtchogue the member of the Archite.ctural Review. Board
from ..New;Suffolk/Cutc.h. ogue would be there, and hive his or her input into
the S~tUation. That's it. '
SUPERVISOR COCHRAN: You can have another minute if you would like..
COUNCILWOMAN HUSSIE: It's a nice way for people to get involved, and
still not commit their entire life.
SUPERVISOR COCHRAN: Does anyone else want another minute?
RICHARD RYAN: Can I have a minute to post an aerial photograph?
SUPERVISOR COCHRAN: Yes, would you, please. Dick is Chairman of our
Land Preservation Committee. He has been there a short time, but he is an
organized well personnel, in relation he is very productive, so it is our
gain that we have him serving on a Town committee. Is there anyone here
from Cornell Extension as yet? (No response.) It's best to wait until the
time that it is scheduled in case anyone is coming in just for the hearing.
We can be a little late, but I don't like to be early.
COUNCILMAN TOWNSEND: One of the more significant resolutions on the
agenda was that grant application, that the Land Preservation was putting
forth, and maybe you would like to take a second to tal~k about that.
RICHARD RYAN: We have a number of farmland owners, who have offered
the development rights to their property, and we have a limited amount of
funds available through our past fund resolution, and we are anticipating,
favorably I hope, additional supplemental funds from the Board referendum
that is on the ballot in November, so our committee has put together a
proposal that would have an estimated cost of a little over $2,000,0000
worth of development rights to be purchased in this coming year, and the
State Agricultural ~and Market has requested proposals from municipalities
that have development rights programs suggesting tha~ if the municipalities'
applications are made in a timely fashion, and contain all the information
that they are seeking, that were eligible for 75% matched to our funds, so
we have the opportunity to increase our money in this program to the tune
of $8,000,000 theoretically. So, that is what this appli(~ation is for.
COUNCILWOMAN HUSSIE: How possible is that, Dick7
RICHARD RYAN: We all know New York State, and I have no idea when
they might let lose of the purse strings, and for how much. We are hoping
for something in millions. I doubt if it would be eight, but anything will
be helpful.
COUNCILMAN TOWNSEND: Last Year we got a. grant on very quick notice
from the Federal government for, I think, was $160,000, and that was a
very short process, and we were very excited. It helped us a lot.
SUPERVISOR COCHRAN: According the State they want to spend this
money quickly, so they want to get it out, you know, on all these bond
acts that we are trying to match funds with. I hear the church bells
signifying eight o'clock, so we will recess for a hea~ing, a "Local law in
Relation to Peconlc Bay Boulevard".
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that a recess be called at this time, 8:00 P. M.,
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman Moore, Justice
Councilwoman Oliva, Councilman Townsend, Councilwoman
Supervisor Cochran.
This resolution was duly ADOPTED.
for the
Evans,
Hussie,
Meeting reconvened at 8:10 P.M.
SUPERVISOR COCHRAN: We will continue with resolutions.
35.-Moved by Councilman Townsend, seconded by Justice Evans,
WHEREAS, there was presented to the .Town Board of the Town of
Southold, on the 30th day of September, 1997, a Local Law entitled, "A
Local Law in Relation to Peconic Bay Boulevard; and
WHEREAS, a P[iblic hearing :wa.s held on this Local Law on the l~th
day of October, 1997, at which time all interested persons were given, an
opportunity to be heard thereon; now, therefore, be it
RESOLVED that the Town Board hereby enacts .Local Law No. 25 1997,
which reads as follows:
LOCAL LAW NO. 25- 1997
A Local Law in Relation to Peconic Bay Boulevard
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 92 (Vehicles 6' Traffic) of the Code of the Town of Southold is
hereby .a. mended as fol!ows:
1. Article III; section 92-30 (Stop intersections with stop signs) is
hereby amended by ~ thereto the following:
· ~r~ction At Inter- Location
Stop Sign on of' Travel section With (hamlet)
Peconic Bay West Laurel Lane Laurel
Boulevard
II. This Local~'Law shall take effect: upon its filing with the Secretary of
State.
* Underline indicates additions.
35.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman Oliva,: Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
36.-Moved by CouncilWoman Hussie, seconded by Justice Evans, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental' Quality Review Act, and 6NYCRR Part 617.10,
and Chapter I~/~ of the Code of the Town of Southold, notice is hereby
given that the S0uthold TOWn Board, in conducting an uncoordinated review
of this unlisted iac~tion, has determined that there will be no significant
effect on the enviiro~ment.
DESCRIPTION OF ACTION= Acquisition of the development rights in the
agricultural landS' of Pugllese Vineyards, LLC, Bridge Lane Cutchogue,
Tax Map #1000-097'01-0;16~ comprising 15 acres, at $9,000.00 per acre. The
proposal has 'been;~ determined not to have a significant effect on the
environment ,because an EnvirOnmental Assessment Form has been submitted
and reviewed and tlhe !Town Board has concluded that no significant adverse
effect to the environment is likely to occur should the proposal be
implemented as planned.
36.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
Councilwoman OliVa, Councilman Townsend, Councilwoman Hussie,
Supervisor Cochran.,
This resolution was duly ADOPTED.
37.-Moved by Councilman Moore, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold wishes to purchase
the development rights of the agricultural la'nds of Pugliese Vineyards,
LLC; and
WHEREAS, the Town Board held a public hearing with respect to said
acquisition on the lttth day October, 1997, pursuant to the provisions of
the Southold Town Code; :and
.WHEREAS, the Town Board deems it in the public interest that the Town
of Southold acquire the! development right in the agricultural lands set
forth in the proposed acquisition between the Town and Pugliese
Vineyards, LLC; now, therefore, be it
RESOLVED that the Town Board hereby elects to purchase the
development ligh[s in the aforesaid agricultural lands owned by Pugliese
Vineyards, LLC, comprising 13 acres, at a sale price of $9,000.00 per
acre; said property located at Bridge Lane, Cutchogu~, Tax Map
#1000-097-01-016; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is
authorized and directed - to give notice of such acceptance to Pugliese
Vineyards, LLC; and be it
OCTOBER I~, ~ 3'-63
FURTHER RESOLVED, that the Supervisor be and hereby is authorized
and directed to execute any and all required documents for the acquisition
of the said development rights.
37.-Vote of the Town Board: Ayes:
Councilwoman Oliva, CoUncilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore, Justice Evans,
Townsend, Councilwoman Hussie,
· S
SUPERVISOR~ COCHRAN: That is the end of our planned resolution . I
would llke to take the time, to read the proclamation for Cornell CooperatiVe
Extension.
ena
that put
outreach
WH
seconded by The Entire Town Board,
gOOPERATIVE EXTENSION OF SUFFOLK COUNTY
their lives and communities through partnerships
research knowledge to work; is a viable
federal, state and county governments, educational
Land Crant University information and research, youth
and
nearly five, hundred Extension Educators partner with
iteers to assist six million individuals ~nd business
State and dedicate over BT,000 hours of service to
n people in Suffolk County every year; and
COOPERATIVE EXTENSION throug ~-H Youth
in the state's future by
:iOns, decision making, leade~
~ple; and ~-H has served (
as part of the Land Grant
inues to provide meaning fu
k County;
IVE EXTENSION OF
the Environment" through
managing the state's water
and agencies to make
State's, environmental
ATIVE EXTENSION w
re
valua~.le
six
SyStem
)uth development
COUNTY is
and
~med :decisions in
serve
aS individuals, community groui~s and local
of and act to protect ,New Yo~'k'.s natUral
st~ate's health and economic well ;ibeing, now,
ToWn Board of the Town of Southold hereby
ofi October 5 through 11, 1997 as CORNELL
SION WEEK and NATIONAL ~-H WEEK in Suffolk
;m c~ntlnued success.
1997.
Ayes: Councilman Moore, Justice Evans,
C0unc|lman Townsend, Councilwoman Hussle,
ADOPTED.
At this time we have finished our scheduled
and this is an opportunity for you to address the
~sines's, and share with us whatever you would llke
would llke to address the Town Board?
ladies and gentlemen. My name is Anne
· onmental Council. I would like to speak about
as outlined in this paper. I can find none of
say, that there is not a controversial word in it. We
Southold remain pretty much the way it is, protected
save it for our grandchildren, and so forth, and
a lot about before, and we all agree. What I
the omissions, and the lack of. urgency in this
are, of course, the total lack of reference even to
work done by the Stewardship Task Force during
1~9~ The recommendations that came out of that
of the 1985 Master Plan papers. The ground
and hours of discussion among the Town appointed
houlrs and hours of committee work apart from the
meetings themselves, meeting with all sorts of
~var~ous aspects of the total community. Hours of
preparation of a survey to all town residents, which solicited significant
results, and hours of preparation for a day long meeting of residents of
Southold, hamlet by hamlet, and all topped off by a general meeting in
which all residents bf' Southold has every opportunity to speak their minds,
and have input in the study process. Not even a reference to all that
work. What can the Task Force members think of that omission? What does
that say about the value of their devoted work? How did the people of
Southold fee. I, who kindly gave of their time, and the!r effort, and their
expertise, tn. order?:to help iprovide a plan-for their town~ .Ali those
business people, marina owners, farmers, fishermen, retirees, second home
owners, edUcators, all those citizens who gave their time, ideas, opinions,
because they wanted to be part of what happened, in their place where they
live, and'whL are ~b°ut. All 'for ~thlng? How can th.ey '. feel the
government ,es a darn about what thby think? I.t. obviously does
not. Because tot refer at all to~ the .effort; you: dmd not of Course
mention what it 'cost. NFEC was instrumental in acquiring ~a grant from
the Kaplan Fund at that time in the amount of '$25,000, which was the
total amount set aside' for the use for the Task Force' for .thos ars of
work. Half of the Town Planners' time
of 't Task but all'of that
of '!
done?
them, and ac
whole
Pt~nning,
:re
work
· was half
for work, that: has already been
a,te
the
ffl bf the
Co~St
hat
do%
SUPER~
would like to
HOWARD
Fork Envirol
our pos
areas of that.
by dO ! ~more~.s m',
Anne. Is the're an¥0.~e eise~4hat
My name is !Howard Meinke. I: am" al~o ~from the North
~nne, made a very good ~hat
few: things ~to' say;'
e of North For~k Environmental are certalnl~ on reco ~s
more', speclf;ical
We came before .s
voted .the Town Master Plan.
the plan to the Town [ but beyond
It' never to know
reasons, we are more
A voted on and accepted Master Plan we feel is
sets a direction for the town and establishes a phiios
that the towl an : measure ainst. It improve:
all agencies will act
furthering the plan. ]w.
update is a co~t i0,000. If this
we do it; We be in favor-of
we should do as. has been neglected, bring the existing '
out and debate mt~ What we he~r ig. sure~ there .are
the report, and we
like. We ask
this debate
things, we
order to limit' the destru(
zoning. Js
avoiding
:m, but there are
It would serve
than .;.la;tot. If the
to how to ptan Southc
effectl of thel unexploded.
question now~ not
of' development
might be in your mJnd~, until' it is
fruitful, and Pla, nningi is, not
exercise of 'being i glvingl~mce to pi
business of recognizing the pr stating the desJ
a strategy, 'eXplaining choir:es difficult ones, and,
the details, an~l ~iltimately taking action wisely. We need
not later. The e~ample of a!ll th master planning, that has
not voted into la'v, 1985; 1989; 1'99~, seems t.o ind
it
that
and
rt
in
It
in
acre
not
:y
te
~ng
h
,but
a
OCTOBER 14, 1997
history .of mistaking statements of lofty goals with action. We should
change that. We feel that the town should use the work, that was done by
it's dedicated citizens, and g.et. on with the job, and, again, as a
byproduct of excepting the existing penning effort, and modifying and
improving it, we could spend some of the proposed $150,000 to beef uP the
Planning Department. We could then start implementing the difficult and
controversial recommendations, and think about this, we could then. turn
plans into action. Thank you.
SUPERVISOR COCHRAN: Is there anyone else that would like to address
the Town Board? Mr. Carlin?
FR LIN: Frank Carlin from Laurel. I wasn't going to say
anyt going to come up, and say, I change my mind~ no
The Stewardship Committee, several years
back ' made up a survey, and they sent it out. I think there were
fifty,four questions on it. They sent out 6,000 issues. I never got one.
th~ I don't why it was only 6,000, when we have
y, when you figure that ratio out, and then they
a
stree
war
this,
way.
eli~
is al
you
dj!
my. o
you ri
problems
Lh
night, n
said, you
have all
del
to do
tel
· and answer with questions on there. Do you want
ant? Only 15% said, yes. Restriction on neon signs,
I can go on with the rest of the q7 or whatever they
a committee to tell me what I should do, or how I
~re running for office you should know what the town
there campaigning all of you, saying we got to dO
hange, we got to change this, you got to go this
what the town needs. You don't need this
rection to go. As far as I am concerned,
ure out the response they got, ratio, this
,-five responded to the ques:tionnaire, whe.n.
e, you only get back 800. Wondering why it
areas. I ney. er got one.' It d0eSn!t mak6 any
~swered the thmg anyway.. BUt~ anyway t~hat's
)rce Committee. I will be right fi-ank, and tell
Would have gotten rid of it, because it caUSed a
n. It is going to cause problems .n the future.
restaurants, ideas, all that, neon siigns,
dy want it where we need it. I could go bn all
~ome and watch the ballgame. But, anyway, I
'thing tonight, but did force my hand. Don't need
don't need people tell me what I got to do. Like I
ice~ you should know what the townspeople need. You
You up there in these newspapers having these
and saying we are going to do this, no, we going
~e way you done this, but I want to do .it this
that. You don't need a Stewardship Committee to
;iness. Thank you.
a
ag
To
you, Mr. Carlin. Is there anyone else
Board? The only thing I would like to say
the Board so wishes it certainly can be put on the
any time. Is there anyone else Pike to address the
J~Y Jay Gargani, Southold. First of all, I would like to
press my by saying that what I have to say is not an estrangement
from the united way of the Board regarding development rights.
Symbolically ! would just llke to ask, how do the grapes grow from
Pugliese' /ards.ail the way to the Town Hall. What I mean by that is,
ho~ does particular farm be differentiated from another? I would like
to know are chronological list for these properties? I would like
to criteria is for priorities on this list? I would llke to
kqow there any. safeguards built in against speculation? I wOuld
llke narrative form if possible.
SUPER!V
can.
~OCHRAN: Mr. Ryan, if you could capsul~ it as best you
s some heavy questions there.
OCTOBER 14, 1997
RICHARD RYAN: The best thing I could offer, sir, is to correspond with
you, provide you with the information specifically to those questions. In
general terms the parcels that we ultimately recommend to the Town Board
have been offered to our committee by the farmland owners, and we do
have criteria by which we evaluate the farmland parcel that has been
offered to us.
JUSTICE EVANS: Dick, do you want your memo on that?
COUNCILMAN TOWNSEND: We have your criteria.
RICHARD RYAN: Thank you. This will be some of the information that I
can provide you, sir. Recently the committee has drafted together and
provided to the Town Board, as a matter of fact, a copy of what is
entitled, factors to be considered in land parcel selection, and under the
Farmland DeVelopment Rights Program, Farmland Preservation, we have a
very few selection factors, one the property has to be currently involved in
agriculture production. It has to be agriculture in some form. The soil
quality has to be conducive to agricultural production. We are looking to
preserve the best of the farmland. The currer~t anticipated future
practices, land intensive, we want to know what kind of projected
agriculture will occur on this property. Is it going to all greenhouses? Is
it all going to be potatoes? Is it all going to grapes? Those are the
things that we would like to know, so we can work that into our evaluation
of these farmland parcels. Each property ideally has to .be.ten acres in
siZe, so that is lOOked upon as being a ~iable Unit in 'itself for
a '
grlcultural production. Briefly those are the c~ite/-ia that we fOCUS on.
JAY CARGANI: Can I just ask you one question i.n r,e.g~rd to the
property that' you m.e. ntion, ed earlier on?. Unless I: am' h~earing it !lr~correctlyi
it almost Sounded I.ke It was a transfer oh a' transfer, a compounded
RICHARD RYAN: I can't speak for Pugliese family, but the point of fact
that they do have an established vineyard operatio~ in this Iocatlor~.
COUNCILWOMAN HUSSIE: They are not the only ones. We have a number
of other vineyards. It!s just the development rights.
TOWN CLERK TERRY: They still keep the property.
RICHARD RYAN: This particular application, Pugllese, there is already a
history of Pugliese sell[lng the town development rights on other parcels
that are in close proximity to this one we are discussing tonight. There are
other parcels within close proximity, the development rights are owned
either by the Town or. the County. I can't presume to know why
Pugliese .was offering ~his other -tha. n from his own business point, he
thought it was good ~Usiiness to do this. He is dedicated apparently to this
agricultural business.
JUSTICE EVANS: The people make application.to the Town. At this point,
the Town is not going out and asking particular property owners to get in
this program.
JAY CARCANi: I would like to use a phrase of the gentleman on my left
here used a little while ago, not only to a matter such as this, but I think
in all matters, and that phrase was, let us talk through the details, and it
seems like this seems to be an absence of that particular area, the
background information is so undeveloped. I notice the acreage and price
are always highlighted, and the phrase, it serves a need to the community,
but it is never definitive enough. It is really never predicated, and
think to some extent it should be. I realize you can not make a novel out
of this situation, but I think to elaborate briefly the reasons for these
acquisitions would help a lot of people to better understand the need for
the acquisition, and it certainly would help myself. Thank you.
SUPERVISOR COCHRAN: Anyone else llke to address the Town Board?
OCTOBER 14, 1997
3:6:7
MELANIE :S. ANFORD: Melanie Sanford, Founders Estates. I just, wanted to
make mentmon of an incident that the Town Board may be aware of. I
wanted to make one more point concerning it. This was an incident that
happened Sunday night in my neighborhood, involving a sixteen wheel
McClain delivery truck that come from 7-11 after delivering it's goods.
It came down Locust Lane, made a three point turn on to L~Hommedieu,
and up on private property, swung around on to an embankment, and
proceeded up Locust Lane again, and parked in the no parking 7-11 zone.
We called the Police Department, and Sergeant Sinning was sent out, and
although he agreed that it was wrong for the truck 'to make a three point
turn on a narrow street like that, go up on private ,property, and parking
in a no parking 'zone, that the streets are free to everyone, which raises
our concern in Founders Estates that a general business, such as, 7-11 is of
keeping~ and any more general business downzoning be opening of our
roads is too much, t~hat our residential propertieS; our hamlet zoned
as such.
the g;
J't~S
just, traffic is
goes
could
unbel
I: , , we
just Jthold
Town a ,, couple, Road
oul ;iness
the
our
me;
the
other
to :the
cor~n:er
is
both and
Found
ROad,
as incre;
for ,a~ 7-11
Is are coral
in this
residents~
to
area, and
from that
other
and we
con'sidE
this ver'
SUPERVISO
the Town
be
from
Road are st
and if the 7~11 store is con
ncreased amounts of traffic
thrown from cars.
,This letter was
right. We are living
and more. We feel that
everything we
no. more general downzoning
apparent when you look,
k at the petition on that
mentlon~d, residents stror
tha~ this time we do hope the
our concerns, and rule in favo~
issue. Thank you.
~ner,
At, ;ent,
visitors a~ the
on the Main
s .area,. ~lis. well
use of this
!se
~ns
all the
rd
Of
:~ 7-~11,
~:a;~ into
lei, restdeyits On
COCHRAN: Is there anyone else who would,like to address
~? If'not I Will call for Board reports.
FRANK CARLIN~. "Just, a short one. Frank Carlin. I said it before, and I
will say'it again~ a town without businesses goes nowhere.
SUPERVISOR COCHRAN:
gone.
That was short.
I looked down and you were
FRANK CARLIN: One picture is worth a thousand words.
SUPERVISOR COCHRAN: Is there anyone else? Yes, ma'am?
RITA COSTELLO-COHEN: I am Rita Costello-Cohen. I have the bed
and breakfast, the Hedges, across from 7-11. The 7-11 was there when we
bought the house fifteen years ago, so it was no surprise, that it was
there. But, it was operated as a small business. I won't go into all the
p~oblems that we all know exist there now, but there is one problem that
has just come up in the last year, that is devastating us on top of all the
other problems, and that is that because the lot is filled during the day
with traffic, the owner, who I must give him credit has tried very hard to
cut down on the youths, and the other things that were occurring there,
but he also found out that if he makes his deliveries at two in the morning,
and four in the morning, and one in morning, and five in the morning, you
have these sixteen wheeler trucks, that pull up. You are in the middle of a
sleep, and all of a sudden you hear what sounds like a train crashing
head-on. You hear the drop of the gate, which comes down. You can hear
it two block away. You probably hear it, Bill. It is terrifying. You run
out, and hope.that it is what you think i.t is, and of course, you see the
truck. Then after, they have dropped this heavy' oader, then they start
unloading all of the beer cases. This is in the middle of the night, when
your guests are sleeping, or j.ust when we are trying to sleep, and it is
really terrifying. The third thing that happens is that very often, the men
stand outside, and start to talk .at the top of. their lungs. Now, the
poss:ibly
and :he
said, but,
night. So there
know'~ and he sa
for us, then we
about~ :So,
does have ~the:
consi
of the ~,
~iS .deliveries
;all
all the problems th,a
)rmal business hours,
when. to .get, there, I
,:~They a~e not open at
did not
3e
~inesSeS :~,~ JId~ ~be i a
really ye y concerned.:a;bout; this.
~ !ge~ hi, s
~ to be
~ate midd le
SUPERVISOR ' COCHRAN: Rita, I don't even ~ remember ..what we were
appened to .come up' ih our .conser.;vation~ and
it .'us, that'pe~hap~:::~t is itime! t6 meet with
because: Wd 'be not
:he last
time ~::just ink .it's t~me to co~e !ini again, and
yourself, 'and some~ 'sol . the area people '. ~O~ ~agai,n, shat& with them the
problemsl that it causes in ;that area;
RITA COSTELLO-COHEN:: DO you have a gentelman's name?
SUPERVISOR COCHRAN: No. We certainly have it in the records from the
last time. ;We can find it.
RITA COSTELLO-COHEN:
more:: coming from you.
Do you want to call him? It would mean a lot
SUPERVISOR COCHRAN: I am going to notify him on behalf of the Town
Board. Come on down. ~Let's talk about this again.
RITA COSTELLO-COHEN: Is there anything in our Codes or Ordinances,
that prevents deliveries at businesses late at night?
SUPERVISOR COCHRAN: I doubt it; Laury; I don't know of anything.
No. I know what you are saying. I used to have a truck down on the
corner that would come like four o'clock in the morning, and in the summer
with the windows open, it was a refrigerated 'truck so they continued it
running while he sat there to six, and every day. So, from four to six
you just didn't sleep. We certainly sympathize and are completely aware of
what you are going through. So, let's give it another shot, and see. He
can tell if we can work out deliveries at a different time, and so on, and
so forth.
RITA COSTELLO-COHEN: It wasn't done all the other years.
SUPERVISOR COCHRAN: No, it wasn't, so that is why can't believe it is
entirely a union thing. I will let you know when we set up the meeting.
Anyone else like to address the Town Board? (No response.) If not, I
will call for Board reports, startiog on my left with Councilman Townsend.
OCTOBER 14, 1997 369
COUNCILMAN TOWNSEND: The Town Board has been working on the
Budget. We have had several meetings since the last Town Board meeting.
I guess we are a little more than half way through at this point. Maybe we
can £inish up in the next couple of days. There was a Code Committee
meeting, which I attended, which Bill Moore will tell you about, relative to
the Tower Law, and I am a little absent today. You will have to excuse
me. I am trying to fight this cold. I would like to make one comment about
down on
fol
to our;
)ecause
this
Envi
Eec
vel?
progre
deve
we
that,
ugh.
the Board,
,that the
:ked, and I am ~
were left· the ones
you know. create problems
We need to get sUpp~)rt
I think, show a little
~ssues. That is all I have to say.
in
is
se
COUNCILWOMAN OLIVA: In relation to the Stewardship Task Force report
I think we are going to look at one other aspect of it. and there was a
recommendation in the Task Force report about putting time limits on
subdivisions, because so often we have subdivisions that are, maybe, ten,
fifteen years old, and things have changed in ten, fifteen years. I think
we have to sit down and thoroughly discuss, and it a fair decision about
how long
and
other
Committee
Wh
which
of
and
phrag~
aeria
can
pla~ts~,,
us. Of course,
explain a llttle
Conservation
Commi
up
lot ofl ~
them
creek
have
subdivision application should be valid before it is reviewed,
just gone back to square one again. So, that is at least one
we are starting to look at. On the Recreation and Park
nice walk through Fort Corchaug again looking at the
n put access to Fort Corchaug. Just in our area
Rec, will be trails, and perhaps to do some sort
creek. I did take a kayak up the creek myself this week,
to have a little trouble getting some of ~hat
ly gets to be a very narrow channels, and the
I had better go back, and maybe look at the
we do it, but it is a lovely Pl~ce, and I think: if we
have th. em planted with old ~ative trees., and native
It could be a very educational thing for ail of
the budget meetings· and~ ! would ~ like to
bit about our contract with the Natur ;ources
Servi and the Trustees, and the Shellfisih AdviSory
Extension have worked very hard to start cleaning
· and they have really done a wonderfUl; job with a
of people taking water samples, and then running
So each year they have been able to open the
to the west, depen, dlng on rainfall, and what
has really helped us a lot, and they have worked
not
So. the
study with
hot
and
WOI
when no
like to s;
CrE
the
interesting film. I hope you will all attend.
SUPERVISOR COCRHAN: Thank you, Ruth.
Thank you.
William?
370 OCTO E
COUNCILMAN MOORE: I hope this is the last report on the Cellular Tower
Ordinance, but it is an instance where when you put your shoulder down,
and keep.shoving, a lot of hard work with the Code Committee, and a lot of
ipatlon from the community has led to what people are now describing
.~1 ordinance. MaYbe people in upstate New York are going to pick
up and use it, and other communities. It :sure was a lot of
wot and I appreciate all the help that went into it. Hopefully, the public
hearing on the 12th of November if all goes according to plan, we will
have that in place, before the moratorium extension expires on the 17th.
That's a Wednesday meeting by the way, so mark your calendars, as
Veteran's Day is on the: 11th. We have been spending a lot of tim. e in the
budget reVi.ew process. We don't talk abOu.t' it..a, II that. much, bUt ,t is o.n.e,
of those th~ngs where we sit down fro. m nme o clock ~n: t. he :morning until
noontime, tw~' o'cl°~k )ck in the afternoon ~g0ing through page
gE in heads, and other
P
they ar~
been
mentioned :we
h0pefully~
Work
them,
That's or me.
and' exp~ f,' and what
.use it fOr.
the last Town , and. as they
and
luse we have a deadrline dn that. Seems we
deadlines on ourselves,
into et, so that 'will all
SUPERVISOR COCHRAN: Thank you. Louisa?
JUSTICE EVANS:
Ryan.
I just want to make sure I get my memo back from Mr.
SUPERVISOR COCHRAN: Councilwoman Hussie?
COUNCILWOMAN HUSSIE: I am going to not report on anything. I am just
going to urge everybody to come to the meeting here on the 22nd, which
is a Wednesday, next Wednesday a week from tomorrow, on the
LIPA/LILCO situation. This is not going to be a situation where people
talk at you. It is going to be an opportunity for you to do some talking,
express your opinions, ask questions, and learn more. This is such a big,
big deal. You have to know more about it. You can not just sit by, and
say, gee, I don't understand it. Please, make every effort to come. I am
not.going to mention any names, but I did have a few names as far as the
peQple who were opposed to the LILCO/LIPA deal, and then when I
went to the other side, because I wanted this to be quite, you know,
When out
democratic and hone.st, the' good and. the bad. they found who
was going t° be ta king against the'situation, the person who had agreed to
come for the LIPA,/LILCO thing sudden y had another engagement. I
thOught that was rather odd, but there will be a number of people here,
including myself. I l~ave a few ideas, too. I am sort of going to chair it,
but I am:also going to insinuate.
SUPERVISOR COCHRAN: I think they will know your position by the time
you get done, Alice: Let's see, where will I start? As has been mentioned,
we I~ave been .rewewlng the budget, which is a lengthy proces.s, and
ho~e[dlly We will be able t.o. finish it up tomorrow. If not, we will just
assign
~nother.day._ In relation to the $235,000, which the County is not
golhg 1:o be gl ' in~ revenues, from the' 1/[t% sales tax, I serve as
Ch~irm~n of End Supervisors and Mayors, and I called an
use not only are we in the same position,
is $535,000, and it might be interesting
to generates more money in the 1/~% sales
ead. Riverhead just generated $12,000,000 alone from
th. itself, $6,000,000 goes to the State, and
$6 so Southampton is probably our wealthiest
:asr end towns. We met the other day, not only on
th we also met on the E911. Two separate issues, but
and effect our budgets, and our taxes, and
In relation to the 1/~% sales tax, which is being
removed from our budget, we had requested that our two Legislatures, Mr.
OCTOBER la., 1997
Caracciolo, and Mr. Guldl from the south shore would attend our
meeting. They did not appear, so my office is now setting up a meeting
with Mr. Gaffney, and Mr. Guldi, and Mr. Caracciolo, and the five east
end Towns Supervisors, because we feel very strongly about some action
must be .taken, and those are the people that represent us, so they. should
be a part of it, also. As soon as that meeting is set up I will be
report back to you as to what direction we are going. .As. far as tll
is concerned there is a 35¢ surcharge on your phone bill. Y01U know
what E911 rs, the 911 system for emergencres throughout h rip. We
call it E91 because it ~as been enhanced to do other -~
it was operation. On your phone bill is a 35¢
sure pportinc, we
have gotten: s,:.:as Police
changed the law to allow it be used for things othe~ the
system. The County now uses a lot of thesi
are paying public safety dispatchers salari y are not
paying thereon the five east end towns. The inequities ~ere are immense,
so we sue. John Raynor~. who happens to be on
our nt, is the representative person to many of the different
t the five east end towns. He and his deputy, who
is Officer Hinch 1 om Southampton, are drawing a position paper, which
we Executive Gaff ney in relation to the
unfair are allocated. (tape change)What they
can make our job easier. I attended the
~hich is once a month in Riverhead at the
college. Their me night was LILCO and LIPA. Alice also
attended, and it wa a very informative pro and con on the entire issue. !
would ;to to attend the meeting, that Alice is setting
up. I think it that we all understand this as best we can. It
is a very involYed ,~uit piece of, whatever you want. to call it, to
understand. I wi!Il probabl;y atte. nd Alice's meeting. You will probably know
where I stand, als0; by the t[.m.e we get finished. I also had a Labor
Management meetii3g, we meet with the CSEA, who is one of our Unions,
and we try to ~sues before they become problems. The only thing
that we try not and we do not get into, is negotiations. But,
any~ching ~ life a little easier, rather than banging heads, we
try to rum. I had the opportunity to once again walk
Wankel, who [s Deputy Commissioner of New York
State Parks. He, came OUt, and Stuart Lowry, and a gentleman, who has
taught biology, a doctor from Hofstra for thirty years, and the
gentleman. ,maybe you know his name, Ruth, head of the Nature's
Conservancy for the island. Anyhow we walked the site doWn there, and
because what I am trying to do now is .develop another partnership as I did
for Fort Corchaug, and this would be in relation to Arshamomaque.
There is a meeting ~set up this week with the County Executive. Mr.
Wankei will als° be ~ttending, Stuart Lowry, myself, and ! think there
will be one or two others from the County, probably his deputy in relation
to the environment, but we are looking to set up another partnership where
we can find the funds to also preserve this piece of property. I had a
gentleman from Orient call, and wanted to take me on a little tour of
Orient, and show me a few things he felt were wrong down there, so I
spent one morning .going .clown, and it was pleasure to ride around Orient,
and do this I[tti~e sightseeing, and he showed me a couple of buildings, that
are in, maybe, unsafe, so we passed those on' to the Building Department,
and Ed Forrester. In relation to US/UK the Planning Board has been
using: that document over the past several years, and has instituted a great
deal of it, and continues, to put into. place some of the recommendations,
and they were recommendations, and the Planning Board has been following
them, and the TOwn Boar.'d at any time can sit down and review, because
there has been quite a bit that is done from US/UK. This new proposal is
to continue the process of updating the Master Plan. I would like to say
one more thing, and I think we can all agree on this. Southold is a fine,
wonderful place to live. I want you to know last night for dinner I had
OCTOBER 14, 1997
local bay scallops, which were out of this world. I had potatoes, Long
Island potatoes. I had local string beans from a friend that gave me a
lovely bag of string beans, and they were excellent, and fresh tomatoes
from the garden. Now, you talk about quality of life, you couldn't ask for
a beck lot of more than being able to go out, and dig a mess of scallops,
and do some of these things. So, on that note, ! would llke to thank you
for joining us this evening, and I entertain a motion to adjourn.
Moved by Councilwoman Oliva, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
9:05 P.M.
Vote of the Town Board: .Ayes: CoUncilman Moore, Justice ' ~ Evans,
Council.woman Oliva, CounC~lman Townsend, Councilwoman ~ HUssie,
SuPer¥1sor~ Cochran.
This resolution was duly ADOPTED.
~--~]-udith T. Te ry
Southold Town Clerk