HomeMy WebLinkAboutTB-04/14/1998230
SOUTHOLD TOWN BOARD
APRIL 1~, 1998
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie,
Councilman William D. Moore, Justice Louisa P. Evans, Councilman John M.
Romanelli,Councilman Brian G. Murphy, Town Clerk Elizabeth A. Neville,
Town Attorney Laury L. Dowd,
9:15 A.M. Work Session was 15 minutes late starting due to a court
arraignment. 9:00 ~.M. appointment not ye~ present. Peconlc County Now
group (9:30 A.M. Appointment) appeared before the Board to attempt to
enlist them to join in the law suit against the State of New York. They
presented Supervisor Cochran with a draft resolution. The Board ad¥ised
them that it would be put on the agenda and they will see what happens..,(See
Resolutions No. 27A & 27Br,)
9:30 A.M. Gary Vegliante of Power Alternatives appeared before the
Board regarding the municipalization of gas and electricity. A resolution
setting the date for a public hearing on gas on April 28, 1998 was placed on
· the agen~da-, (See Resolution No. 22)
10:22 A.M..~ - Tim Caufield of the Peconic Land Trust met with the Board
regarding the clarification of language in the agreement for planning
services. The Planning Board is in support of this agreement. It was alsQ.
stated that~ the Trustees and Building. Department should be added to this
planning loop. (See Resolution No. 23.)
The Board took a short break from 10:40 A.M. - 10:55 A.M.
The Board discussed IV. For Discussion Items. IV 1. Appointment of
Edward Forrester as an AssiStant Deputy Emergency Preparedness
Coordinator to Chief of Police Conway to represent him at the Yaphank
Emergency Operations Center. (Resolution No. 24 was placed on the
agenda.) IV 2. Grants for 1998 were discussed. $500.00 was granted, to.
the North Fork Womens Resource, 'East End Seaport Foundation, Inc.:
$500.00 for the maintenance of Bug Light; $500.00 for the America Sail. The
Southold Senior Citizens request for audio visual equipment was not funded.
IV 3. Creation of a Full-Time Clerk, Spanish speaking at the Police
Depar~tment - Resolution No. 26 was placed on the agenda. IV
Cablevision Contract Councilwoman Hussie will sit down with the new.
Town Attorney Gregory Yakaboski to review it first, then bring it back to
the Board. IV 5. Power Alternatives - The Board reviewed the Summar~
Report. Severa~ additions will be made to the appendices at the end of the~
report. The gas municipality should move right along with the electric.
Resolution No. 22 was added to the agenda setting April 28, 1998 as daze for
the public hearing so that it will be concurrent with the electric.
Information will be obtained from the Suffolk County Beard of Elections
regarding the cost of the referendum.
11:25 A~.M., The Board reviewed resolutions to be voted on at the 'u;T30?
P.M. meeting.
The work session was adjourned at 1:30 P.M.
231
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on April 1[[,
1998, at the S~outhold Town Hall' Main Road, Southold, New York.
Supervisor Cochran opened the meeting at [[:30 P.M. with the Pledge of
Allegiance to the Flag.e '
Pr sent: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
~ Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory Yakaboski
SUPERVISOR CO( HRAN: May I have a motion to approve the audit of 'the
bills for April 1[[, 19987
Moved by Councilr
RESOI~VED that
General' ~Fund Wh.
Part Town bills
lan Moore, seconded by Councilman Murphy, it. was
the following bills be and hereby are ~rdered paid:
le Town bills in the amount of $103,605.91; Ceneral Fund
n the amount of $22,736.35; Highway Fund Whole Town
bills in the amount of $8,15[~.92; Highway Fund Part Town bills in the
amount of $8,37~.7[[; Capital Projects Account bills in the amount of
t Develo. pment Rights bills in the amount of $932.00;
osure bdls in the amount of Sttg,~t[[3.3~; Seaview Trail,~
in the amount of $306.00; Employee Health Benefit Plan
mt of $[[1,233.86; Fishers Island Ferry District bills in
906.05; Refuse & Garbage District bills in the amount of
dd Wastewater District bills in the amount of $5,682.31;
rer District bills in the amount of $180.40; Fishers Island
~cy & Trust bills in the amount of $102.68.
own Board' A es'
. · Y · Councilman Murphy, Councilman
Ev ~
ans, Councilwoman Hussie, Supervisor.- Cochrsn. No:'
duly ADOPTED.
$[[39.t0; Ag Lan.
Landfill Cap & C
Capital Fund bills
bills in the amou
the amount of $3,
$56,36[[.9q; South~
Fishers' Island Se~
Ferry District Age
Vote of the ~
Romanelli, Justice
Councilman Moore.
This resolution wa~
SUPER¥1SOR CO.CHRAN: Approval of the minutes of the March 31, 1.998
Town Board Meetlrlg.
Moved by Justice 'Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the March 31, 1998, Town Board meeting
be and hereby are approved. . .
Vote of tl~e Towr~ Board: Ayes. Counc.lman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochrar.
This resolution .was
SU PERVfSOR COG
April 28, 1998, at
duly ADOPTED.
RAN: Setting the date of the next Town Board meeting,
r:30 P.M.
Moved t3y Supervis.
RESOLVED that th
at 7:30 P.M., T
Southold, New Yorl
Vote of the Town Board: Ayes: Councilman
Roma nelti, Councllman Moore, Justice Evans
Supervisor Cochrarl. '
This resolution was duly ADOPTED.
)r Cochran, seconded by Councilwoman Hussie, it was
.~ next meetin, g of the Southoid Town Board will be held
· Jesday' Aprd 28, 1998, at the Southold Town Hall-,
Mu rphy, Councilman
Councilwoman Hussie,
I. REPORTS.
SUPERVISOR COCHRAN: As you know part of the Town Board meetings
every two weeks we receive reports from the different departments, and the
different committees, and there are twelve on here today, anything from the
Justice Department to the Recreation Department, Program for the Disabled,
and these reports are public information, and you are more than welcome to
come into Town Hall, if you have an area that you are interested in. We
would be very happy to share these reports with you. It gives you an
overview of what is happening with the work that is being done behind the
scenes in Town Hall.
2.
1998.
3.
5.
6.
Southold Town Annual Budget Report for 1997.
H.H.S. Administrators Town Claim Lag Study Analysis for March,
H.H.S. Administrators PBA Claim Lag Study Analysis for March, 1998.
Southold Town Personnel Leave Time for March, 1998.
Southold Town Recreation Department for March, 1998.
Southold Town Program for the Disabled Events for April through
July, 1998.
7. Southoid Town Clerk's Monthly Report for March, 1998.
8. Southold Town Justice Bruer Monthly Report for_March, 1998.
9. Southold Town Scavenger Waste Treatment Facility for March, 1998.
10. Southold Town Trustees Monthly Report for February, 1998.
11. Southold Town Justice Price Monthly Report for March, 1998.
12. Southold Town Justice Evans Monthly Report for March, 1998.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: Our agenda usually carry public notices of which
there are three. One relates to Fishers Island. One is for a permit to
cultivate shellfish in Orient Harbor, and the third is the U.S. Corp a Mr.
Greenfield to replace bulkheading.
1. Department of the Army, New York District, application of Cynthia
Warren Spurdle to install a fixed pier, a ramp, a float to provide mooring
in Fishers Island Sound, Long Island Sound, Fishers Island, New York.
Comments to be received by April 6, 1998.
2. U.S. Corp of Army Engineers, New York District, application of
Richard Cantwell for a permit to cultivate shellfish in Orient Harbor,
Southold, New York. Comments to be received by May 1, 1998.
3.' U.S. Corp of Army Engineers, New York District, application of
James Greenfield to replace bulkheads, repair and extend fixed pier,
install pilings, ramps and floats, and and dredge with upland disposal in
Widows Hole, Shelter Island Sound, Southold, New York. Comments to be
received by May 8, 1998.
III. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we did have a nice thank you
from the American Red Cross thanking the Town Board for their support
during the celebration of their Red Cross Week.
1. American Red Cross thanking Supervisor Cochran for her support.
IV. PUBLIC HEARINGS.
1. 5:00 P.M., on a proposed "Local Law ~n Relation to a Stop Sign on
Willow Pond Lane".
2. 5:15 P.M., on a proposed "Local Law in Relation to Parking at
Beaches".
V. RESOLUTIONS
SUPERVISOR COCHRAN: As you know we have resolutions, which we pass
on that are usually a result of the work that we have done during the day.
These are necessary so that it gives authorization to myself, or the Town
Clerk to finalize the business that is included throughout the resolutions.
We have a Town Board policy that prior to the adoption of the resolutions if
there is anyone in the audience that would like to address the Town Board
in relat~lon to any of the resolutions I would ask that you do so now. Later
at the end of the meeting we do have another section where we entertain
comments from the audience on any topic relating to Town Board business.
So, at this time, if there is anyone that would like to address the Town
Board in relation to resolutions I will entertain your comments now.
JOHN RAUSCH: John Rausch, Southold. I was pleased to attend the
Work Session this morning, which the Board of Directors of Peconic County
Now addressed your Board, and interacted with you. I think that
everybody who knows me in this room Ts aware where I stand on this issue,
and I would like to point out that I have the support of 71% of the voters
on the East E~nd of Long Island as of two years ago at the referendum.
Furthermore, everyone that I have spoken with, well, almost everyone, with
whom I have· spok..en w!thin Southold Town from Laurel all the way out
through and including Fishers Island, and their Conservancy is in favor of
this initiative as being our shot at saving the environment. Several issues
were raised by you at that meeting, and if I may I would like to either
address them,· or. open them for discussion. Numb.er one~ class SU. its which
is what was indicated the State of NeTM York m ght retaliate ~th if we
pursue ~ are illegal. Some, ne asked about
Unfor;~unately one .of the =defeCts
State Co~ I.s that there is =no pro~,is[on.~for getting
these Out of .,. Finally the Board of PecOnic County
to
Board, or el: in our
take
that you
board. We would like that very much, and I will personally
that person, .or persons, to the next Peconic County N~w
Directors meeting on Friday in the county seat. of PeconiC
Riverhead.
County,
SUPEEVISOR COCHRAN: Thank you, John. Yes, Mr. Gold?
JOE~.,GOLD:.. .Joe Gold,. Cutchogue.= I would also ike to speak' in. connection
wit .........
h .~esolutlon .#27, and I would just hke to point.out at th~s .time I am
identl~ied aS being a representative of a olitical art, which is nothin
, p P Y g
f m ashamed of, but ~t ~s true. But, th~s is not a poht~cal issue. You
can't get 70% of the people in this town together, and identify them with
any ~oli;tical party, because there is no political party in town, that
represents eVen 5~% of the People. Seventy plus percent of the people in
this {ow~ want Pe(~onic Count~ created. Any step that Ts required to
create Peconic County is obviously something I hope the Board will move
ahead, and
projected
liti(
a
join
being f
do. There is something unfortunate in the image that is
this town being the only .tow.n, that is not supporting this
am gratified'to see that th s s on the agenda, that there is
We ~have a chance to remedy that· You have a chance to
towns on .the east end in declaring our independence of
~le in the legislature of New York· Thank you.
SUPERVISOR COCHRAN: Thank you. Yes, sir.
TOM SAMUELS: Tom Samuels. I am also identified with a political party in
town, but I don~t see this as a political issue in the town· It is
significant to me that Judy Hope, who is the Democratic State Chairman,
former Supervisor of the Town of Easthampton is unable to get the
Speaker of the Assembly to allow this issue to get to the floor· It is
really ironic, is it not, that Hal Ross, who created the political agenda of
Judy Hope, when she was Supervisor of Easthampton Town can't seem to
exert e ough influence on Judy Hope to get Mr Silver to put this on the
floor, and let the Assembly vote on it. It is a democratically controlled
Assembly. It should be a relatively simple matter· It is unfortunate that
the ~r~en is then placed back on the towns to act in such a way that
possibly hackles are raised in Albany that Southold Town, and other East
End Towns are challenging Speaker Silver's authority. I would encourage
those who are in favor of Peconic County to get to Judy Hope, and to get
to Speaker Silver. That is where the problem is. There ~s very little I am
afraid that the east end towns can do until Speaker Silver makes that
point,i We have a very minor part of the popUlation in New York State, and
I thidk that' lis where the effort has to be p aced, and the blame has to be
placed a~ Speaker SilVer's desk. Thank you. '
SUPERVISOR COCHRAN: Thank you. Is there anyolqe else who would like
to address the Town Board on any of the printed resolUtions? (No
response.) If not, we will commence with the passage of the resolutions.
1.-Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that the Town board of the Town of Southold hereby
authorizes and directs Supervi.sor Jea.n.W. Cochran to exec. ute a.g~eements
.with the North Fork HoUsing Alliance for the administratiOn and
Implementation of the Family 5elf Sufficiency Program,. the Public Service
Agency Support Program, ~the HOme ImprOvement Program and the Robert L.
Perry Child Care Program.
1 .- Vote of the: Town Board: Ayes: Councilman Muephy, Councilman
Romanelli, Councilman 'Moore, Justice Evans, CounCilwoman Hussie,
SupervisOr Cochran,.
This ' resolution was duly ADOPTED.
2.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby requests
Suffolk County District Attorney James M. Catterson 'to designate
Southold Town Attorney Gregory F. Yakaboski as a SPecial District
Attorney for the Town of Southold.
2. -Vote .: of the Town Board: Ayes:
Romanelli Justice
Su
This resolt duly ADOPTED.
Councilman ._ Murphy, Councilman
Evans, Counci Iwoman HuSsie,
3.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the American Diabetes Association to use the following Town
Roads for their sixth annuals'Tour de Cure Cycling event on'Sunday, June
28, 19:98 from 7:.0~ A.M. to 3:00 P.M. provided they file with the Town
Clerk~a On&~ Milli0n Dollar of Liability Insurance naming the
Town
Avenue~
Lane, Mill
Street;
3. - Vote of the
Romahel.l[,
Su
This ,resc
tic
ured:. Peconic Bay Boulevard, Bay
Mill Road, Oregon Road, Bridge
Lighthouse Road, Village Lane, King
Ayes:
J u stice
Councilman Murphy, Councilman
EVans, COuncilwoman Hussie,
iy: ADO~PTED.
4.-Moved¥ by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that '~he.TOwn Board of the Town of Southold hereby accepts
the
q
service calls, for th~
the calendar year 1998.
4. - Vote of the Town
Romanelli, Councilman
Supervisor Cochran.
Iver Plan), at a price of $0,25.00 per
hour, plus $.75 per mile for emergency
race and servicing of the landfill scales for
Board: Ayes: Councilman Murphy, Councilman
Moore, Justice Evans, Councilwoman Hussie,
This resolution was duly ADOPTED.
5.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Southoid Town Bay Constable Donald Dzenkowski to attend
the ional Marine Network Meeting at New Haven, Connecticut
on 23, the necessary expenses for travel, lodging, meals,
and charge to the Bay Constable 1998 budget.
5 .- Vote Ayes: Councilman Murphy, Councilman
Roman&Iii, Justice Evans, Councilwoman Hussie,
Supervisor
Thls t:&Solutlon was duly ADOPTED.
6.- Moved !-by Councilman Murphy, seCOnded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby closes
Love '[Lane and Pike Street, east and west of Love Lane, on Saturday, July
11, 1998, from 8:00 A.M. to 4:30 P.M., for the 21st Annual Mattituck
Street Fair, sponsored by the Mattituck C~amber of commerce, provided
they file with the Town Clerk a One Million Dollar Certificate of Liability
Insurance naming the Town of Southold as an additional insured.
APRIL '14, 1998
235
6. - Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
7.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute agreements
between the Town of Southold and David Zito and Jeremy Spoffard for
the Fishers Island "T-Ball" Spring Recreation Program, all in accordance
with the approval of the Town Attorney.
7.-Vote . of the;. Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, CoUncilman 'Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution Was duly ADOPTED.
8.-Move. seconded by Councilw&man Hussie, it was
Board of the Town of Southold hereby
authoriz~~nd d.irec~ts S~Jpervls,or' ' Jean W. Cochran to execute an agreement
with the, North .FOrk Housing Alliance for the administration and
im[
demoli
8.' Vote
Romanel I,i
Super¥i
This
Grant Program for the acquisition and
Flint Street, Greenport, N.Y.
Ayes: Councilman Murphy, Councilman
Justice Evans, Councilwoman HussJe,
y ADOPTED.
9. - Mol
authorizes
with
all in
Su
This
that
Hussie, seconded by Councilman Romanelli, it was
Town Board of the Town of So~thold hereby
Supervisor Jean W. Cochran to execute an agreement
State Office of Parks, Recreation, and Historic
grant for Fort Corchaug in the amount of $200,000.00,
~ the approval of the Town Attorney.
Ayes: Councilman Murphy, Councilman
Justice Evans, Councilwoman Hussie,
July ADOPTED.
SUPERV~ Just as a word of explanation, it's not .that we
are $200,000.00, which we would love to have, but at the
time of the~ pure of Fort Corchaug the Town did advance the
$200 from the State, This is the contract that will enable
us to get',our check~ and get our money back,
10.-Moved bY Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVI~D that t~h~ Town Board of the Town of Southold authorizes James
Bunchuck, SoJid Waste Coordinator, to attend a conference hosted by the
New YOrk Federation of Solid Waste Associations on April 27 and April 28,
1998 in Sa. ratoga Springs, New York, and the necessary expenses for
transportatmn, meai~, a~d lodging to be a legal charge against the 1988
Solid Waste Management District budget.
I0.- Vote of the To~n Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran;
This resolution was duly ADOPTED.
11. - Moved
RESOL
authorizes and
between the
from
of At
exceed $6t1-,
Attorney.
· (~0.
ns, seconded by Councilman Romanelli, it was
Town Board of the Town of Southold hereby
Supervisor Jean W. Cochran to execute an Agreement
CoUnty Office of the Aging and the Town of Southold,
Nutrition Assistance Program (SNAP), for the period
h March 31, 1999, at a total agreement cost not to
all in accordance with the approval of the Town
11.- Vote of: the T.o. wn Board: Ayes:
Romanelli, CoUnCdman Moore, Justice
SuperviSor Cochran ~
This resolutldn was ~lul¥ ADOPTED.
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
12.-Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute a Lease
Agreement with the Mattituck Park District for the construction and
operation of volleyball courts on a section of the parking lot at Breakwater
Beach, Mattituck, all tn accordance with the approval of the Town Attorney.
12.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Huss[e,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I would like to make comment on this, also. A lot
of my tenure in office has been Partnerships, and it is a theme that I
believe works. We have joined in partnerships for obtaining farmland, for
obtaining the Fort,' just 'in many different ways,'-and this is another
partnership with the Mattituck Park District. We will be leasing part of
their parking lot in Mattituck. We are providing four volleyball courts.
They have been moved the last several years from one.location to another.
It is a family event, where Moms come with the kids, and Dad and some
Moms play volleyball, and last year they started a Junior League for
younger people, which was most successful. So, working along With Eddie
Adams and the Mattituck Park District we have been able to come to a .place
where we will now have four volley ball courts, and I~opefully they Wdl be
there for a few years, and we are providing, again, another ~recreationai
opportunity for people in the communities, so, yes,' I am very happy to see
this all worked out, and I would like to say, thank you to the Mattituck
Park District.
13.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
WHEREAS, a special holiday, to be known as ARBOR DAY, was set
aside in 1872 to recognize the value of trees in the lives of Americans; and
WHEREAS, that early celebration of ARBOR DAY has grown so that is
now observed not only in all fifty of these United States, but also in many
other countries of the world; and
WHEREAS, the Town of Southold, for the three hundred fifty-eight
years of its existence, has shown itself to be aware of both the beauty and
the utility of trees; and
WHEREAS, among the first acts of the founders of Southold Town were
the protection of existing trees and the planting of fruit bearing trees; and
WHEREAS, throughout the long history of Southold Town it has been
customary for public minded citizens to work together with its governing
body to ensure the planting of desirable species of trees, as well as their
property maintenance; now, therefore, be it
RESOLVED that the Town Board of the Town of Southu|d, in conjunction
with the Southold Town Tree Committee, hereby proclaim APRIL 2l[, 1998
to be celebrated as ARBOR DAY for the present and future enjoyment of
its citizens.
-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
14.-Moved by Councilman Moore, seconded by the Entire Town Board,
WHEREAS, the Town of Southold remains as one of the most unspoiled
and ecologically diverse regions in New York State and is characterized by
its natural scenic beauty, with pristine beaches, dazzling estuarine bays,
deep and lofty forests of the moraine, productive farmlands and rural
charm; and
WHEREAS, for decades the Town of Southold has embraced the goals of
preserving and protecting these vital natural resources, by implementing
numerous comprehensive land use planning and open space acquisitions
programs; and
WHEREAS, over the last 15 years, the voters of the Town of $outhold
have authorized the Town of Southold to expend upwards of thirteen ($13)
million dOllars for the preservation of open spaces and farmlands; and
WHEREAS, current development trends are threatening the viability of
the Town's agricultural heritage and rural open space character; and
WHEREAS, the urgency of providing an immediate and reliable funding
source is paramount concern of the Te. wn of Southold; and
WHEREAS, there are bills pending in the Senate (S.6751) and the
Assembly (A.9692) of the New York State Legislature which will authorize
the establishment of a community preservation fund for certain towns in the
Peconic region for the preserving of open spaces; and
WHEREAS, the Town Board of the Town of Southold demonstrates a
commitment to open space preservation farmland preservation and desires
the authority to establish a community preservation fund; now, therefore,
be it
RESOLVED that-the Town Board of the Town of Southold supports Senate
Bill S.6751 and Assembly Bill A.9692 and requests the New York State
Legislature ado*pt such b:il:!s; and be it
FURTHER RESOLVED that the Town Clerk is hereby directs to transmit a
resolution ~'to Senator Kenneth P. LaValle, Assemblywoman
~ Fred Thlele, jr., Assemblyman Steven
Englebright; and Assemblyman Thomas P. DiNapoli.
SUPERVISOR COCHRAN: This is a Home Rule Me~sage, which we have
been requested to send .to Albany in relation to the 2% Sales Tax.
COUNCILWOMAN HUSSI.E: Since this is a resolution that will ultimately be
the choice~ because this does have to go to a referendum, and you
will ha¥.e.~ to make: the decision, I do want to let you know I voted
on this t~me, I voted; no, but I realize that~ it is your decision.
I find ar COUF Of things wrong with this. One of them is the fact that
farmland and the way we have thing sitting right now a farmer
could sell his it icould be well over the maximum amount that is
taxable, sell those lots for less than the amount
that is and we would get nothing from~that. There is a loophole.
There is a couple of other loopholes in this, however, you are going to
have to read it, too.
15. - Vote of
Romanelli,
Supervisor
l~.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanell[i~ ' Councilman Moore, Justice Evans, Councilwoman Hussie,
!I~ SupervisOr Cochran·
This resolution was duly adopted.
15.-Moved by Justice Evans, seconded by Councilwoman Hussie~
WHEREAS, the Board of Commissioners of the Fishers Island Ferry
District wishes to engage the services of additional part-time personnel to
replace persons lost by attrition; and
WHE. R. EAS, the following persons have made application for part-time
positrons ~as follOWs: .
DebOrah E. DIxon- Reservation' Clerk
Raymond F. Stratz - Deckhand
Steve D. Smith - Purser
THEREFORE BE IT RESOLVED that the following persons be employed in
part-time capacitJeS as rndicated at the wage rates shown below:
Deborah E. Dixon $ 8.00 per hour
Raymond F. Stratz 6.50 per hour
Steve D. Smith 11.25 per hour
Town Board: Ayes: Councilman Murphy, Councilman
Moore, Justice Evans, Councilwoman Hussie,
This resolutiOn was duly ADOPTED.
SUPERVISOR COCHRAN: May I have a motion to adjourn for a hearing that
is scheduled for 5:00 o~clock?
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that a recess be called at this time, 5:00 P. M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman
Romanelli, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
Murphy, Councilman
Councilwoman Hussie,
Meeting reconvened at 5:08 P.M.
SUPERVISOR COCHRAN: As you know the Scenic Byways Committee is
running a contest in relation to what is seen in the eyes of the beholder,
the most beautiful vista in Southold, and the lousiest vista in Southold,
and they have been encouraging people to enter the contest. Of the two
categories the prize will be $250. We have been getting some, and some are
real interesting as people see things, but we would like to encourage more
of our watching audience to go out with your camera, and take a few
snaps, and send them here to Town Hall, and we will see that the committee
gets them, but we would like to encourage everybody to take a picture of
at least their favorite vista in the Town of Southold.
COUNCILWOMA~I HUSSIE: They have to be in by the 25th.
SUPERVISOR COCHRAN: By the 25th we have to have them in Town
Hall. I have got a couple that I' like. I may have to get out there and take
a picture. We will go back to Reselution,#16.
16.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold authorizes
Su pervisor Jean W. Cochran, Councilman William D. Moore, and
Councilwoman Alice D. Hussie to. attend a conference hosted by the Long
Island Section of the American Planning Association titled llA COnference on
Downtown Planning and Implementation'l held Wednesday, April 29, 1998 at
the Village of Am|tyville Court. House; Amityville., New York, and the
necessary expenses for registration and transportation to be a legal charge
against the 1998 Town Board. budget.
16.-Vote of the Town Board: Ayes: Councilman .Murphy, . Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution'~was duly ADOPTED.
17.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold, pursuant to the
provisions of Chapter 59, Open Space Preservation, of the Code of the
Town of Southold, hereby sets 8:05 P.M., Tuesday, April 28, 1998,
Southold Town Hall, 53095 Main Road, Southold, New York, for a public
hearing on the question of the acceptance of the offer of Margaret Ciacia,
Conservatee, by John Faulkner, Conservator, of the following property
for acquisition by the Town of Southold:
SCTM #1000-L~5-1-10, northwest corner of Main Road and
Chapel Lane, Arshamomaque, Southold, NeTM York, 8 acres,
at a cost of $68,000.
17. - Vote of the Town Board: Ayes: Councilman Mu rphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I would just like to say that this is a $68,000
grant from a private foundation from down south.
18.-Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Northeast Surfacing, Inc., in the amount of $.676 per square
yard, for the application of Polymer Modified Emulsified Asphalt Pavement
Course (Type II Micro-Surfacing) and $40.00 per ton, Truing & Leveling
(Type 5 - Shim), all in accordance with the bid specifications.
18.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
19.-Mov. ed by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Lucas Ford Lincoln Mercury Inc., in the amount of $23,328.00
per truck, for supplying the Southold Town Highway Department with two
(2) 1999 Ford F250 .Heavy Duty Cab Pick-ups with Snow Plows, all in
accordance with the bid specifications.
19 .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelll, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
20.-Moved by Councilman MurphY, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 Whole Town 1998 budget as follows:
To:
DA5130.2 Machinery
Equipment
From:
DAS~O,2.2 Snow Removal
E '
q u~pment
'i0.-Vote of the, Town Board:
Romanelli, Co-uncilman .Moore,
Supervisor Cochran.
This resolution was duly ADOPTED.
$1500.00
1500.00
Ayes: Councilman
Justice Evans,
Murphy, Councilman
Councilwoman Hussie,
SUPERVISOR COCHRAN: Number 21 is a. resolution on property of Oscar
Bloom, but we need a little more time, so we will hold it for two weeks.
22.-Moved by Councilwoman Hussie, seconded by Councilman Moore,
WHEREAS, there has been .presented to the Town Board of the Town of
Southold, on the lO, th day of April, 1998, A Local Law, entitled "A Local
Law in Relation to Creating a Municipal Gas Utility in the Town of
Southold"; now therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:10
P.M, Tuesday, April 28, 19.98, Southold Town Hall, 53095 Main Road,
Southold, New yOrk~as the t~me and place for a public hearing upon this
Local La,v, which reads as follows:
A Local Law in Relation to the Creation of a
MuniciPal Gas Utility in the Town of Southold
BE IT ENACTED, by:the: Town Board of the Town of Southold as follows:
:e' .o- _- ~. - -ose- e n,I o/s.
.-1 ~_ EnacrEme t.
Pursuant to Section 10 of the. Home Rule Law, a~d Section 360
of the General Municipal Law, the Town of Southold, County of
Suffolk and State of New York, hereby enacts this local law to
create the Town of Southold Municipal Gas Utility.
1,1(B), Ef£eotive Date,
The local law shall take effect on the filing of the approved
Local Law with the Secretary of State of New York, which shall be
within twenty (20) days after its approval by a simple majority of
the voters by mandatory referendum at an election or ~pecial
election to be held to approve this local law, pursuant to Section
360 of the General Municipal Law.
WHEREAS the Town of SOUthold is a Town duly incorporated
under the laws of the State of New York, and~
WHEREAS the Town Board of the Town of Southold is duly
empowered pursuant to. Section: 360 of the General Municipal Law of
the State of New York to form a M.unicipal Gas Utility for the
Town, and~
WHEREAS it is essential for the wellwbeing, livelihood and
safety of the residents and businesses of the Town, and of the
other cons~ers of gas power'~nthe Town~ includingthe Town
itself, and of their families and~uests, for the economic climate
of the TOwn, and'for the protection of private and Public property
within the ~own and the value of that property, that the supply
and distribut~on of gas to the residents, businesses .and other
consumers of gas power in the Town, and the Town itself, be
provided in a reliable manner, and at a fair and reasonable cost,
and~
WHEREAS the Town Board has determined that the most reliable,
fair, and economical way for gas and gas supply to be provided to
the Town of Southold~ its residents, businesses and institUtions,
is by the creation of the Town of Southold Municipal Gas Utility,
the Town Board of the Town of Southold hereby enacts this local
law for the intent and purpose of establishing a Municipal Gas
Utility pursuant to Section 360 of the General Municipal Law, and
all of the powers and duties thereunder.
section 2.7~_t~u~-4 Facilities, Maintenance
and Sez~ice, and Supply
The Town of Southold Municipal Gas Utility shall acquire the
necessary facilities, and either establish necessary functions for
or procure contracts for the maintenance, service and billing of
the gas energy system, and a supply of gas such as are necessary
for the creation of the'SOuthold Municipal Gas Utility.
The proposed method of constructing, leasing, purchasing, or
acq~iring, the facilities necessary for the operation of the
Southold Municipal Gas Utility, if any, together with both the
maxim~ and the estimated gosts thereof, the method of furnishing
such service, and the method of obtaining gas supply shal.1 be as
follows:
2.1.E~u~and Fao~l~t~es~
A. The Town of Southold Municipal Gas Utility will obtain
access to or acquire the portion of the gas distribution system
within the Town, if any, that it is necessary for the Town to
APRIL 14, 1998
241
operate the Municipal Gas Utility, by purchase, lease, or
condemnation from that which is currently ow~edbytheLong Island
Lighting Corporation ("Liloo"), or by obtaining other facilities
as necessary. The municipal gas utility will only acquire.,
construct or obtain that equipment and facilities, if any, which
are necessary toprovide gas supply, and segregate and operate the
municipal gas utility and as may be needed to separ&te itself from
the Liloo system or to meter the gas supplied to or use~ by the
Town' of Southold Municipal Gas Utility.
B. The maximum and estimated cost of the items set forth in
subparagraph (A) hereof, is expected to be not more than twenty-
five thousand dollars ($25,000).
C. The cost of the necessary facilities, i£ any, and
distribution and any other costs that ere necessary for the
implementation of the Town of Southold Municipal Gas Utility and
the entire costs of the imple~entation and operation of the Town
of Southold Municipal Gas Utilitywill be paid in the first
instance fr°m the revenues generated by the Town of Southold
Municipal Gas Utility only.
D. None of the costs of the implementation or operation of
the Town of Southold Municipal Gas Utility shall be included in or
have any affect on the Town general budget or the assessment of
Town property taxes.
2.2. Service and Maintenance of Equipment,
Facilit~es, and Distr~but~on System.
A. The Town Of Southold MuniCipal Gas Utility will obtain
service and maintenance for the equipment and infrastructure of
the Southold Municipal Gas Utility, and the other remaining gas
distribution and other equipment that is within the Town from
Lilco., or the existing gas utility for the time that the utility
is mandated to provide those services, or it remains in the best
interests of the Town to receive the maintenance from that source,
and will otherwise contract out the service and maintenance to
other suitable contractors as necessary or when in the best
interests of the Town'and the Municipal Gas Utility.
The Town of Southold Municipal Gas Utility will obtain
billing and management services by obtaining contracts with
suitable and acceptable maintenance, service and billing
companies. -The contracts will be. support, ed wherever possible by a
performance bond of an amount acceptable to the Town.
B. The Town will also consider and retain the ability
and power to create its own maintenance and service and billing
department, including the equipment, materials, and supplies
required for that department, in order to provide billing, service
and maintenance to the Town Of Southold Municipal Gas Utility if
the Town deems it to be in the best interests of the Town to do
SO.
2.3. GaS Supply.
A. The Town of Southold Municipal Gas Utility will obtain
its supply.cf gas by contracting with.another utility or supplier
to provide the supply of gas to the Municipal Gas Utility.
3.0. Mandatory Referendum,
This Local Law shall be subject to approval by a mandatory
referendum of the residents of the Town of Southold, pursuant to
and as set forth in Se0tion 360 of the General Municipal Law of
the State of New York, the Election Law and Town Law of the State
of New York
The TOwn of Southold Municipal Gas Utility shall be effective
and granted 'the full powers entitled to it by iaw on the date of
the approvaI by a simDlu majority of the referendum, and'the
filing of the Local Law with the Secretamy of State of New York.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
SOUTHOLD, NEW YORK,
Dated: April 1~,, 1998. Elizabeth A. Neville, Southold Town Clerk.
22.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly' ADOPTED.
APRIL~ 14, 1998
243
23.-Moved by Councilman Moore, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and' directs Supervisor Jean W. Cochran to execute an agreement
with the Peconic Land Trust for the Purchase of Development Rights
Planning, Acquisition and Negotiation Services, all in accordance with the
approval of the Town Attorney.
COUNCILMAN MOORE: What this does is utilizes the professional services
of the Land Trust in conjunction with the Land Preservation Committee to
help target properties, which should priorities for the use of open space,
and land pr&servation monies. I am happy to work with them in a
partnership.
23.- Vote of the Town Board: Ayes: Councilman
Romanelli, Councilman Moore, Justice Evans,
Supervisor Cochran. ""
This resolution was duly ADOPTED.
Murphy, Councilman
Councilwomar~ Hussie,
2/4.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that Supervisor Jean W. Cochran hereby appoints Code
Enforcement Officer Edward J. Forrester as Chief. of Police Joseph A.
Conway's Assistant Deputy Emergency Coordinator for the Town of
Southold for the term of April 14, 1998 through DeCember 31, 1998, he to
serve in said capacity without compensation.
24.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romane]li, Councilman Moore, Justice Evans, Councilwoman Hussie,
Su pervisor Cochran.
This resolution was duly ADOPTED.
25.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby allocates
the following funds under the 1998 Grants Program:
North Fork Women's Resource Center $500.00
ri,I Long. Beach .B. ar '!Bug Light" maintenance $500.00
Americas' Sail 1998 $500.00
5'- Vote of ~ the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, C'0uncilman Moore; Justice Evans, Councilwoman Hussie,
Supervisor COChran.
This resolution was duly ADOPTED.
26.- Moved :by by Councilwoman Hussie, it. was
RESOI of the Town of Southold hereby creates
the position of Full'Time Clerk, Spanish Speaking at the Southold Town
Police Department.
26.- Vote .of .the Town Board: Ay&s: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
SuperVisor COchran.
This resolution was duly ADOPTED.
27.-Moved .by Supervisor Cochran, seconded by Councilman Murphy,
A WHEREAS' in i 993 the towns of:East Hampton. Riverhead, Shelter Island,
Southampton.'and Southold initiated a process to provide the residents of the
five (5) eastern Suffolk County with the opportunity to have a binding
referendum, on ue of the creation of Peconic CountY. as the best way to
proteCtthe quality of life which the East End enjoys; and
WHEREAS~ despite intensive lobbying effort on behalf of the legislation, the
New York State Assembly has refused to adopt said legislation; and
WHEREAS, the State Constitution provides t~at the "State Legislature shall
provide for the ci'eation of local gOVernments;' .and
WHEREAS, the refusal of the State Legislature to adopt A.5702/S.3235 or
similar legislation constitutes a violation of its constitutional resPonsibility to
provide for the creation of counties; and
WHEREAS, Peconic County Now, Inc., a not-for-profit corporation created for
the express purpose of educating the public and advocating for the creation of
Peconic County, has through the efforts of its Litigation Committee, on a pro
bono basis, prepared litigation petitioning the State Supreme Court to compel
the State Legislature to meet its constitutional responsibility and prOvide for a
procedure for the creation of new counties; and
WHEREAS, said part cipation would require no budgetary'expense by the Town
of Southold; new; therefore, be it
RESOLVED, that the Town of Southold hereby authorizes the Supervisor to take
all necessary steps to join the litigation with the Town of Southold as a party
petitioner.
COUNCILMAN MOORE: This is probably one of the' difficult votes that the
Board has got to make. We had a hard one back in '96 as we discussed a
referendum to allow a public hearing, and one of the things I didn't like
about the referendum, and the way it was done back in '96 was that we let
the people believe they were voting on supporting Peconic County yes, or
no. That wasn't really what that referendum was doing, and I wasn't
pleased about that, and I said at the time that the intentions were good,
the goals were laudable, but it could lead to mischievous results. I think I
am right in that respect, because what we succeeded in doing with that
referendum, whether the public knows it in the five east end towns,
anytime one of the five towns~ Town Board want to spend a dime to further
the creation of Peconic County, what that referendum did was change the
voting power of the Town Board. It didn't sit there, and say, as an
advisory referendum we support Peconic County, or we don't. It told Town
Board members, you got to do this, and spend money in this way, and you
got to vote a certain way to do that. So, I was disappointed with the bit of
the slight of hand that led to the make believe that we were doing, a
referendum on Peconic County back in '96. The Supervisor remarked
earlier, not publicly, but to me that, that is difficult because it led
people in '96 to believe that something is going to happen. It was a great
vote, and we got bumper stickers., and we have got .s.igns, and we have got
people very supportive of Pecomc County, but nothing has happened. We
had a speaker tonight, and speaking on these resolutions told us where the
problem truly lies. The problem truly lies in the rules and procedures ~f
the state government, and how they operate and pass legislatiOn in the
Assembly and the Senate. The litigation involved here is an attempt ~o
sidestep that process, and I full~ appreciate the frustration, a~d ~he
cleverness, I tip my hat to the cleverness to those who worked for Peconic
County Now to come up with these vehicles sidestep the obstacles that have
been put in place. It makes a very hard vote. The easy vote is t~o say,
let's just to do this, but I think it deflects the attention from where the
attention really has to lie. The attention must lie with the way Albany
operates. Creat hue and. cry this year about how the budget process'!is now
open. The three kings of Albany no longer control tl~.e Budget process with
the Senate, Assembly and the Covernm~nt. Now ;it ~s open to the public,
and the people who we have elected, and sent there are. actually
participating, and doing their jobs on ~our behalf. We .have laws .si~tting in
committee with Asseml~lywoman. Acampora, and Assemblyman Theile, and
Ken LaValle, trying to get legislation through that..by the way ~;t s a
much easier piece of legislation than the litigatio~n proposes, because it
wouldn't modify .County law, a very straight foreWOrd process to get this
referendum on this issue so the public can vote on the creation of a
County. I am going to vote, no, on this with the caveat that I am going to
encourage this Town Board, and the other fi. ye Town Boards to focus their
attention on the true problem, and I said in the Work Session today, and
that is focus on the problem with Albany involves not Only the Ci-eation
of Peconic County, but any other piece, of legislation that a particular
member of the Assembly, or the Senate In Albany ~wants to see pu~rsued.
They have to change the way. they de :business. I think it is our iobligation
to press them to make it more responsive so that some person i,n this
instance, Sheldon Silver sits up there, and he has cr~eated one man rule.
APRIL 14, 1998
245
He prevents this from happening, and we have to take these deflective
sidesteps. It is not appropriate. It puts us in a very bad position. The
Town Board has raised other collateral concerns, and in all due respect,
Mr. Rausch, it is not a (tape change)
COUNCILWOMAN HUSSIE: My speech isn't as long as Bill's. I am not
pleased .with litigation at any time, but I am hoping that this litigation
Would bring to a head the interference of one person, in this case, Sheldon
Silver, speaker of the House, to interfere with the democratic process. If
this is succes., is successful, I can only hope that it will
send a message and anybody else who wants to stand in
democracy WAY', any piece of legislation that is aimed to come before the
Legislature ., allowed to proceed according to the people!s will, and not
just one or two
Councilman Murphy, Councilman. Romanel
Supervisor Cochran. Yes: Councilwoman
Hussie,
This resolution was LOST.
SUPERVISOR COCHRAN: I would llke to present the following resolution.
27.-Moved by Supervisor Cochran, seconded by Councilman Murphy,
B WHEREAS, during the summer of 1996, each of the five East End Towns
adopted a local law, subject to a mandatory referendum, which requested the
New Yofl( State LLegislat~m to provide for a mandatory and bindin~ referendum
on the creation of Peconic County;,. and
WHEREAS, said local laws were ovem/nelmingly approved on the East End, by
a cumulative vote of 71%, and
WHEREAS, the Ivoters of the Town of Southold expressed their approval of a
mandatory and I~i nding referendum on the creation of Peco.nic County, and .
WHEREAS, the Town Board of the Town of Southold is in favor of the fom~ation
of Peconic County; and
WHEREAS, the Town Board has been informed by the representatives of
Peconic County .Now, Inc., that any and all attempts to form Peconic County
have been thwarted by a single individual, Sheldon Silver, the Speaker of the
New York State Assembly; and
WHEREAS, Peconic County Now, Inc., is now about to commence litigation to
overcome the opposition of. Speaker Silver, by bdnging an Article 78 proceeding
against the Nev,~ York State Assembly to compel the State Legislature to provide
for a procedure for the creation of new counties in the State of New York, and
WHEREAS, Pe¢
join the propose
WHEREAS, the
legal action is s~
the creation of r
Peconic County
Speaker Silver i
influence and ~
onic County Now, Inc., has requested that the Town of Southold
litigation against the New York State Assembly, and
I'own Board of the Town of Southold is'concerned that even if
~ccessful the State Legislature might then adopt a procedure for
ew counties which, by its terms, forever prohibits the creation .of
[in effect the battle is won but the war is lost], especially if
still in office and exerting the.same undemocratic power,
~trol described by Peconic County Now, Inc., and
WHEREAS, at 1
of action for the
efforts, by eithe
break the "undE
legislation in th,
including legis
his time, the Town Board believes that the most effective c~..urse
fom-~afion of Peconic County would be to support any and all
· private citizens, groups, or the members of the Assembly {0
mocratic" vice grip that Speaker Silver apparently has on all
)'New York State Assembly which would permit legislation,
~tion enabling the formation of Peconic County, to actually be
put to a vote; now, therefore, be it
RESOLVED that for the reasons stated above and because the Town Board
is in favor of the creation of Peconic County, and does not wish to
jeopardize its formation, the Town Board will not, at this time, join
Peconic County Now, Inc. and the other parties in any litigation against the
New York State Assembly.
27. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
B Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. No:
Councilwoman Hussie.
This resolution was dul~ ADOPTED.
28.-Moved by Justice Evans, seconded by Councilman Murphy,
WHEREAS, t%ere was presented to the Town Board of the Town of
Southold, on the 31st day of March, ~1998, a Local Law entitled, '~A Local
Law in Relation to a Stop Sign at Willow Pond Lane% and
WHEREAS, a public hearing was held on this Local Law on the lttth
day of April, 1998, at which time all interested persons were given an
opportunity to be heard thereon; now, therefore; now, therefore, be it
RESOLVED that the Town Board of the Town of-Southoid hereby enacts
Local
LOCAL LAW NO. zt - 1998
A Local Law in Relation to A Stop Sign at Willow Pond Lane
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I.Chapter 92 (Vehicles S Traffic) of the Code of the Town of
Southold is hereby amended as follows:
1. Article III, Section 92-30 (Stop intersections with stop
signs) is hereby amended by ~ the following:
I. Chapter 92 [Vehicles S Traffic) of the Code of the~Town of
Southold is hereby amended as follows:
1. Article III, Section 92-30 (Stop intersections with stop
signs) is hereby amended by adding the following:
Stop Direction At Inter- Location
Sign on of Travel :section With (Hamlet)
Willow Pond Lane West Ciearview Avenue Southold
II. This Local Law shall take effect upon its filing with the Secretary of
State.
28. ~ Vote of the Town Board: Ayes.: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolUtion was duly ADOPTED.
29.-Moved by Councilman Murphy, seconded by Justice Evans,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 31st day of March, 1998, a Local Law entitled, ~A Local
Law in Relation to Parking at Beaches% and
WHEREAS, a public hearing was held on this Local Law on the l~tth
day of April, 1998, at which time all interested persons were given an
opportunity to be heard thereon; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts
Local Law No. 5 - 1998, which reads as follows:
LOCAL LAW NO. 5 - 1998
A Local Law in Relation to Parking At Beaches
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 65 (Parking at Beaches) of the Code of the Town of Southold
is hereby amended as follows:
1. Section 65.3 (Parking permits) is hereby amended as follows:
D. One-Day nonresidents permits
(1) One-day nonresident parking permits may be issued for the parking
of vehicles on the parking areas at Southold Town Board, Norman E.
Klipp Marine Park, and New Suffolk Beach to any person by the
attendant on duty at such parking areas: and also shall be sold in
books of fifty (50) permits to the proprietors of the following
recreational businesses: bike rentals, kayak rentals and fishing
stations.
(2) Such permit shall be valid only for the day on which the same is
issued. Any permit not fully filled in shall be invalid.
II. This local law shall take effect upon filing with the Secretary of
State.
* Underline represents additions.
29. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
^mL ,m 2 4 7
SUPERVISOR COCHRAN: That ends our resolution for the day, and at this
time I will open the floor for anyone that would like to address the Town
Board on any Town business. Mr. Gold?
JOE GOLD: I don't know where to start. Joe Gold, Cutohogue, that is a
start. I was stunned by the action of the Board. I have never heard a
self-fulfilling prophesy being created. Councilman Moore said that when the
people voted the referendum they expected something to happen, and
nothing happened, and then we see why nothing has happened. The Town
Board, once again, supports what the people support, but does nothing to
further it. I don't think the people are fooled, and thank God these
proceedings are televised. The other thing I think is baffling, I .mean we
know we have got a built~i.n scapegoat. We have Sheldon Silver, and
Sheldon Silver. and I are registered in the same party. That is where it
ends. Sheldon Silver has no more connection with Long Island than Senator
Bruno has with Long Island~ than Governor Pataki has with Long Island.
The State,wide party connections don't hold here. This issue goes beyond
party. We know the State '[~ 'run by ~a: triumvirate, b~t this .legislation is ~.a
way to get around that, and if anybody thinks that anybody can pressure
those .out of .anything, they are The. only person
that ] three .people out udge of the
Su State of New York, and this Town has lost it's
ppose I could go one and or~
of this Board.. This was.;a
out and
but not[
mad at us
but
somel
towns of
those
diSa
know what. t
that is
believe this is an outrage. It an
issue far
all be wrong~
doesn"t want to. see,
that
ur
! ~hat
very
SUP : Thank you, Mr. Gold. Just so that it is clear:to
the Public, us not taking part in the lawsuit does not prevent the
othe. rs .from moving forward. So, it is not a matter of killing the lawsuit;
It is matte~- of just now at this time joining in. Just that clarification.
Mr. Samueils?
TOM ~oe and. I live on the same road. We frequently talk
to J~ feelings on it the politically correct thing,
that's a used now, and I see most. of the audience
knows wi , would be to have gone along with this ground swell of
71% may not have known what they were. voting
on. I Theile to serve on the Advisory Committee ~on
the Peconic County issue. I sat through many meetings~ and I heard the
no means was there a consensus, majority consensus,
consul t~
among
see
of
imPlica1~
conclu.,
them. I
going
It
Bill is
be
swel
and a
accompl
proceed. There is no question we would like to
d like to control our destiny. There are a lot
however, not the least of which is the e~onomic
.ns,: and tl~.t is unclear. It; was Unclear let ~th.e
gS. It remains unclear today, and I believe!i in
e who are on agenda today, Harold RosS~ Larry
and Russell Stein, are all fine people. I know
think you can get throu
to, but it looks to me.
· e :has to be a shift in and
is right in her ~. BUt, just to
go along with this, nd
so m.any more issu~ great
attenbon, and you are th~m,
because !t ~s Wl:thm'..your means i to
tare something that is going outside your
your purview. Ru~sS Stein is f~F°m
~ in Easthampton. He is now in water
.,r Island,. and Larry c:antwell i~s f~om
Jld. Ruth is from South°Id.
SUPER~!S~tR GOGHRAN: Ruth is: not on that committee, 'neither is Joe.
TOM SAMUELS: I am saying what we need is a change in Albany on the
system. You are not going to change that system with an Article 78. It is
not going to happen. It is a political decision that has to be made. It has
been going on since I was a kid, where the Speaker of the Assembly, be he
Democrat or Republican, could stop anything that went through. It is
constitutional, New York Constitutional, you are asking the Court to change
the New York Constitutional. Again, I support Peconic County and it's
concepts, but we have got a long way to go, and it is not going to be an
easy bridge to cross. Now, I hope and trust that the media will not take
out context what I am saying, be. cause it is a very, very important issue.
This Board is taking, what ! consider a courageous stand in calling a spade
a spade, and t~he other boards have been pressured Into. It. I won t mention
what towns have had the problem. It's unfair to them. They. can speak
when they want to speak, but .that is the point I Would like to make, and
Joe and I are still good friends, and I hope John and Ruth, bUt :we have a
difference of opinion in.this...m, atter. Thank you.
SUPERVISOR COCHRAN: Thank you,. Mr. Samuels. John?
JOHN RAUSCH: John Rausch, Southold. ':The'vote has been taken, and
had intended voicing anything after 'that. The fight will cOntinue, but I do
think there is one thing that needs, to!'be clarified'. ~ We,are no/~ trying to
change the ConStitution. We are tryin
to the provision that is in
legal mechanism to enable counties to
none. That is the reason tl~at Silver![s
We are
up to the Constituti~
created,
the
to live up
there will be
lapsed. There is
s0! successfully.
gJslature to llve
SUPERVISOR COCHRAN: j; John. Is there anyone else like to
address the Town 'Board on to~ TOwn BOard business? (No
response.)~ If :not, I: wiU. call'.for ird 'members. I'm sorry, I
should have done this in the beginning. I neglected to introduce our Town
Attorney Greg Yakaboski, and welcome him aboard, so I will do it now.
Welcome, Greg. We look for to Working with you. John, do you have
anything to report iat~ th
COUNCILMAN 'ROMANELLI: We are still working on the Scavenger Waste.
There were two engineers over the past two weeks, different' ideas,
different opinions on that. No decisions have been made. Engineers, as I
am learning, take a Ion, to decisions. I: would like to just go
back one second. I~ thi
talk up
It wast
the other' way;
Thank you.
re!ayed a, lot of my feelings in your
my decisidn, of voting On this issue today.
because pe!itically-wise it was easier to vote
we itndde ~.~the right de~is~on at this point.
COUNCILW.O. MAN HUSSIE: I may be 'P01iti~cally correct, or. incorrect, I don't
care, but it seems' to me thi~ ~vhole! situation with~Peco~..ic CoUnt~ and Mr.
Silver ~e not ' It is hurting every
town, county state.
to anybody, an~d it behooVeS all of those
get up and saM,' we
it or not is
think about
commi
this?
Assembl~
r.e
r diculoUs, bu~t
did want
resolution
company~
a possibJl
as many
However
on the
those gas customers
much as you for
offering you
a good deal, you go 'with AT&T. You
to us, he~ can do it
somebody can
CoUnty makes
when I
decay in
kind ':.of democracy is
voted for our
to be our
to say. That's
util~ity, and I
of the
LILCO
there is
bly doesn't effect
being reduced.
so, to speak,
dO will give
to choose
now. If Sprint is
AT&T is giving you
it back and forth, and they
APRIL 14. 1998
249
have all different kinds of things. In this case, it will be that the Town
will be able to contract with a supplier at supposedly, and hopefully, a
good rate, and you can look at that good rate, and compare it with the
other companies rate, and see which way you want to go. It requires no
office staff. It requires no trucks. It requirer nothing, just the
establishment of the gas company. Again, as with the electric company
proposal the gas company is available in the Town Clerk's Office. Thank
you ·
SUPERVISOR COCHRAN: Thank you. Councilman Moore?
COUNCILMAN ~IOORE: I have no reports. I will in tw~ weeks..Thank you.
SUPERVISOR: COCHRAN: On. my right, Brian Murphy?
COUNCIl ~PHY: On Land Preservation we have been working very
hard in We have gotten a few more submissions since
the last coming in. We are taking a look at them
to see if purviews of where we are looking to preserve
land.. We are '~working on quite a number of County and State grants for
monl.es for the ipu~ch~sing o~ iopen space and farmland acquisition. We just
rece~ved'$360,Ol~O',s!°me o;:ld th~usan~l, or $30,000 some odd thousand from
the
so we
up
they
point,
two
it.
and Markets for development right purchases,
ire a bit on that. I have a meeting coming
on the Sound Shore. Study, the last one,
One of the studies has been completed at this
reports within, the next month from
so there will be more coming on that. That's
SUPERV:ISOR. COCHRAN: Louisa?
JUSTICE
situatio
DEP is
law that
York
Town
allow
grateful
and be
SUPERVISO
tomorrow
informa
clari
corner
so that
other
there
the h(
inside,
sit
home.
historica~l
of the
meldi
most
picture
will be ~1
Corner
was
step az
info
wants
little bi'
want to thank Jimmy King. We have had a
land, what we call the 'lobster war between
and it is my understanding that the Connecticut
New York State DEC over the constitutionality of a
,nd Fishers Island, at~d says, that only New
hold licenses may lobster within that perimeter.
is unconstitutional. With my role as Justice, and
often awkward because my Justice position doesn't
the fray of certain political situations, and i am
isl able to play a role from the Town's prospective,
thank you, Jim.
:HRAN: He is back over there again, isn't he? Today or
~s .been. I~eeping me updated on that, Louisa. I have some
like ~to share with you. First I would like to do a
reh to the purchase of the Thompson house on the
in the resolution tearing down of the structure,
to that point, that is an option. But, there are also
ToWn Board is going to be looking at. I don't think
.~s to see a part of our history destroyed, and
ed man,/, man,/ times, both the outside and the
the old Thompson house, that used to
to go back further than that, the Whittaker
~options that could take place, offering it to a
some that feel that we could save the facade
and build a new facility behind much like
Libra y and church, which I think is one of the
in Southold Town. That's what ! would take my
ifferent ways the Town Board can go, and we'
We certainly are not going to pull a overnight
like what happened down at Silversmith's
~ at 6:00 o'clock in the morning one day, and it
You, as the public, will be aware of every
part of my feeling, that we keep the public
ked at was the possibility of purchasing the
th Mr. Stankevich. We would love to buy the
is the old Terry homestead, but Mr. Stankevich
for it, and I said to him, I said, that's a
on the corner, and Renny's lot on the other
corner, Renny Terry's, went for $175,000, but he thinks his property is
worth $500,000. So, that. would have given us another option. We
investigated the bank building. There were some people that came in to
see me, and felt that the town should not move from here, that this should
remain the Town Hall. They did not want the Town Hall over in a brick
building around the corner. They felt very strongly that they would like it
here as an entrance to the hamlet, so we have lots of people with lots of
different ideas and concepts. One of my concerns as Supervisor, and the
Town Board's concern is health, safety, and welfare of people. We have
had people in the basement for many~ many years, and we have more
violations. We would not allow someone else in this community to continue
the violations {hat we ourselves, have. Something h~s to~ be done. When I
was here twelve years ago, and I served as Chairman of Building and
Grounds, one thing I had done was put a break window downstairs in the
Finance Office, because if anything had happened on this side where the
boiler is, none of those people woUld have ever gotten out of that
basement, so, they have been down there long enough. =Let them come up,
and see there is a sunshfne and'freSh air out 1
window.= So, we have ,to make
say to you that we' will look very
corner house. Se
have a stu(
renovation of the bUi ng. Our Town,
this has ~ve .year.
for publi
hold the weight~
the ceili
and I mean it
there, but the land
people, so we are not going to be monsters, and
take each step slowly, and carefully, and look at
a busy couple of weeks. In addition to meeting in
on the corner, I attended the PeconJc Estuary
was a positive. I hadn!t been to one ;before,
by the f' 3dr Ma
serve on
interesting, attended '
gone throe
they could deu
resemblances
part of the f~acade has a very dear
' with a
but I will
down the
We did
il of
is :ava able
i :to
brought all
arted
tear it down. We wi[!
i had
elected
in LI~
with
offer
to the
to the runoff
Creenport down
calendar permit
will be Ioo
roac
Town En~
by the
down to
the State
so it was
the
from East
represented
triple A on
topic the
ferry.
tried to
positive'
have six m
things
staff,
officers~
tickets so
people,
they ar
and war
support
because
interested
of
Eibra~
iOT Will 'be
Cutchogue once the
it will be shortl" within thi
ni toba(~c0, bu
25 from
~d their
Also, they
[he
and .the
meeting
tOWl3S,
fr~
ha~e
it h~s
~We
APRIl. 14, 1998
251
is right here on the island, and so they said that he would be calling me.
I haven't had the call yet, but I am certainly interested in chatting with
him, and inviting him out to see if maybe we can hook him up with some
farmland that he could purchase, so he can grow herbs for his medicinal
whatever. I would like to share with you that I received a letter from the
Department of Transportation today. As you know from time to time the
Town Board passes a resolution sending to the State Department of the
Count,/ a recommendation for a traffic control change. We had sent to them,
asking them to look at the traffic light in the village of Cutchogue,
because there is a man that has a guide dog, and he crosses there at the
light, and there are times that people have to go out from the store, and
help him contif~ue across because I was told the dog can not see the light.
The light doesn't point that way if you look. A lot of our street lights
are just one sided. The dual highway does the same thing. So, they did
investigate, and they c.hecked Guild Dog Foundation for the blind, and we
are advised that the gu de dog as we a~ the blind owner are taught to .use
Cutchogue Vi!
traffic
Committee, which we
month
the
involved, bE
sit in on i
heads are~: pa~.. ,:,of
place :safer ~than ii
in in,'
Fork 1
was
release
25th.
Mattituck
The idea was
aggre~ 'ire.
In tP
all
with
garba
stu,
Saturday, April
details,
that are working
out to set:
join~us in this on
are interested,
very happy, to
pick up the
now you will see
can not do it ah
litter as well as ¥
adult let's wor;k
getting involved.
they take the ~es
let's get this dono,
time. The
the drugstore, so there will be:. nO
from them. I aisc the
ith PERB, and we
at ways that.~the town~ can.t
[ at: the r and
Department~ the all
Nutrition
~ and we ,lOoked
IS, and as a result this in
',had the pleasure of
' took a tour of
to some, of the vii it
It made me not de.;
nice. This is the
and I would just
that is being -il
Council is working w ~nd
~ to organize a town wide ~
Supervisor Cochran's
the Town of
April 22nd, the Stu~ les
We have broke 'id
hour the town
remaining blocks will
town. Be in the on
make our town for
,cils from each of '1
clean up 25 and u,8. ~e have al~so sel ms
~s, churches, museums, that we ~ould I~l~e you to
nup of our two major roa~s ~n the town. If you
Town Hall here, 765-1~89; and we would be
with the others that ar~ g.o[ng .to go ou' and
two main highways, if You ride
are talking about. It's c~uite heav.y..
[hey are not the only ones that litter. Adults
so we are asking once again, please, as an
'and support these Youngi people. They .like
feeling that if you give y~ul~g People ownershiP,
so it is very [mportan~ to support them~ and
will beautify and clean the town at the same
I would like to share with you, there will be a
second clean ~i is. for the Fort Corchau~g site, and this is a
volunteer eveat~ alsO, and th~s ~s Saturday, Ma,/ 30th from 9:00 to 3;00.
Come and: assist o[he:r 'ihterested members of the community in the initial
debris cleanup of the 'farm homestead on the Fort Corchaug property
Route 25 in Cutchogue. Bring a pair of working gloves, a bag lunch, and
interest irt learning more about Fort COrchaug property, and also, if you
are going to join us for that cleanup I would remind you that tick season is
on the wa~, and to tuck your pant legs into your white socks, and b~[ng
some spra`/~ and help us clean up the site. The Superintendenti of
Highway, ihe has been very helpful, not only at our beaches. ~hey were
down the~e today looking at some of the old buildings that have ca,ed
down, that have to be removed, so Mr. Jacobs will be helping us in that
respect. I understand they also found, and I haventt seen it yet, but the
ownership I believe is the town's, a branding iron with the name Downs on
it, so it is a branding iron that goes back to when the Downs family owned
it evidently many, many years ago, so we would like to as we find these
artifacts on site, we would like to save them, and perhaps some day display
them in the interpretive center. That is May 30th, 9:00 to 3:00 P.M.
Please, help us also on the 25th with the young people. I think that is
all I have. If there is nothing else I would like to close the meeting with
this resolution.
Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS, this Board has learned with sorrow of the death of former
Southold Town Highway Superintendent RAYMOND C. I~RINKY~' DEAN,
and
WHEREAS, in his service to the people of the Town of Southold as
Superintendent of Highways for approximately tw.enty years f. rom October
31, 1965 to January 1, 1986, "RINKY, '
d stmgulshed ~hJmseif as a
dedicated and conscientious , public servant; and
WHEREAS, the Town of Southold is grateful' to the family of RAYMOND-
C. DEAN for sharing him' with the ~ '
Town for those, many'years he gave of
his time, talents and energy; and
WHEREAS, the ,Town Board= of the Town of Southoid wishes to give
formal expression of its loss in the death of , a man
esteemed by his associates and respected by all; be 'it
RESOLVED '~that, when' the Town Board adjourns this · does so out
of respect to the memory of RAYMOND C. ="R and be it:
further
RESOLVED that a, copy of this resolution be spread upon the minutes of
this Town Board meeting and a copy be presented :to the family of:
RAYMOND C. DEAN that we may extend to them our deepest and
sincerest sympathy.
Dated: April .l:[t, 1998.
Vote of the Town Boa rd: Ayes:
Romanell'i, Councilman Moore, Justice
SuperviSor Cochran.
This resolution was duly ADOPTED.
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
Moved by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
6:00 P.M.:
Vote of the~ Town Board: Ayes: Councilman Murphy, Councilman
Romane~lilli, CoUncilman Moore, Justice Evans, CouncilwOman Hussie,
SuperviSor Cochran.
This re~olution was duly ADOPTED.
Southold Town Clerk