HomeMy WebLinkAboutTB-04/28/1998253
SOUTHOLD TOWN BOARD
APRIL 28, 1998
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie,
Councilman William D. Moore, Justice Louisa P. Evans, Councilman Brian G.
Murphy, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F.
Yakaboski. Absent: Councilman John M. Romanelli.
9:10 A,M. Edward Forrester, Building Department Head appeared before the
Board- with regard to hiring of a fire marshal. They had budgeted for a
part-time fire marshal. This funding is still in tact and as June 1st
approaches, there is tnoney for a full time to the end of the year. The
person hired must be certified as both a fire marshal and a building
inspector. Their priority will be fire marshal, but they must be able to step
up and fill in as a building inspector, if needed. Duty Statements will
obtained for both fire marshal and building inspector.
IV 8 For Discussion - Mr. Forrester also advised the Board that a Local Law
must be done to reference the correct flood insurance map numbers which
were recent!¥ received from FEMA. (See Resolution No. 15 setting date for a
public hearing. )
The Boar, d was asked to make a decision with regard'as to whether or not to
allow:and under what conditions, the Village of Greenport to dispose of debris
from a building being torn down in Greenport Village. Councilman Romanelli
was to obtain a letter from Mayor Kapell. However, the letter was not
received. A decision had to be made within 30 minutes as to: (1) Allow
them to bring it into our Landfill free of charge; (2) Allow them to bring it
in, but tally the tonage. The final decision, of the Board on a verbal roll call
was unanimously no.
Mr. Forr~ester also gave the Board a monthly activity report of the Building
Department.
9:~,0 'A.~. ~-Tom Maher, of Dvirka & Bartllucci Consultants met with the
Board r~ga~dlng the Southold Town Landfill Closure Plan.' Town Attorney
G~eg0r~/ iFil Yakaboski asked about meeting the s.c. heduled time table. Mr.
Mahe~'~aid that they are two months from the deadline of July 1st. They are
asking for an extension and he doesn't feel that there will be a problem.
They are continuing to work on addressing the problems at the south west
corner of the landfill. They will finish the review of the grading plan and
Mr. Maher will put together a letter of transmittal for it. Tom Maher, Melissa
Treers, and Tony Cava are the representatives who will be working together
on this.
Receiver of Taxes Ma.rilyn Qu!ntana appear.ed before the Board regarding
Suffolk County legislabon ordering Tax Receivers to include tax certiorari~s,
erroneous assessments, -etc. with the tax bills. The Town Attorney will
investigate this matter further.
The Board reviewed IV For Discussion Items IV.(1) Appointment to the Board
of Ethics.Councilwoman Hussie was of the opinion that this position should be
advertised. (See Resolution No~ 12.) Item IV 2. A Local Law in Relation to
Revising the Definition of Freshwater Wetlands. (See Resolution No. 13.)
Councilman William Moore said that carrently if an area is not on the map,
you can fill in a freshwater wetland. Town Attorney Gregory Yakaboski
recommends that we do a SEQR on this proposed local law. Once the
~nventory is taken, a determination will be made by the Trustees after-
consultation with our environments! consultants, Cramer, Voohris, Inc. This
Local Law will be referred to the Southold Town Planning Board and the
Suffolk County Planning Commission once the definition is clearly delineated
by the Town Attorney. Item No. IV 3. "A Local Law Providing a Partial
Exemption from Real Property Taxes to Persons with Disabilities Who Have
Limited Income." A public hearing date was set for the next meeting. (See
Resolution No. 14.)
10:30 A.M. Venetia McKeighan, Director of Human Services appeared before
the Board to express her need for a clerk-typist. They did recently hire an
account clerk, but they still need to replace the clerk-typist that they lost
when Christine Schlachter transferred to the Recreation Center. The funding
for this position will be checked out with the Town Comptroller. Ms.
McKeighan has garnered some extra revenues by raising the fee for the meals
frOm $1.50 to $2.00; establishing a fee for bus rides to the day care
program; and restructured the schedule so that they must now pay in
advance for the bus transportation and there are no refunds or credits if
they don't attend.
10:45 A.M. RiChard Hilary, S.O.A.R. Program appeared before the Board
to apprise them of what is happening at the Peconic Dunes Camp. Supervisor
Cochran said that she would like to look into recycling bottles as well as
cans. The nature center at .Peconic Dunes Cafnp was revitalized as a result of
the S.O.A.R. can project. There is money b.e. ing held' in cap. ital reserve;They
Wish to encourage use of tee camp and facilit.es by groups in the community.
Mr. Hilary invited the Board to an "Open House" at Peconic Dunes this
Su.n. dayr Whiler waiting for a video on the Peconic Dunes Camp to be
de!wered, Mr. Hilary spoke about, the observation trails, and the bird b°xe.s
budt by the: children, one of Which earned his eagle sc0ut~ badge fro.m, this
Project. All of~ the plantings put in at the camp are 10cai species natwe to
Long Is and. The video arrived and was shown to the Board bY Mr: Hilary.
It was very well done and covered the Peconic Dunes Cam ;ea Wolf
Group, Ocean.ography aboard the "Little Jennie", at
Montauk, Ecoiogl:cal land Fo~'estry Stud]es at Great Pond and
Hunter' Safety Spbrtsman E~lucati0n;'and a Troul
Sta.te ! park. Th..e video Was:',~hore0graphed with a
~et~red DEc Officer Lt. Wayne Trim who gave his
v video. Lt. Trim is now retired' and spends h
on eCtqbgy projects.
(11:28 A.M.) The Board continued the review of IV For Discussion Items.
Item No. IV u, Cablevision Councilwoman Hussie reviewed the contract item by
item with the Board. Item No. 5 Referendum on Southold Municipal Electric
Utility, information gathered by former Town Attorney was passed onto the
Board. Item No. 6 IV Wellness Program for Em bY Stony
Brook University was discussed by the Board. ~aid that
if the Board is interested, she will get further information ~d find out
who in town government would be interested in No. IV 5
Set salary for student interns. (See Resolution No. 16).
12:15 P.M.-The Board reviewed the resolutions to be voted upon at the 7:30
P.M. meeting .
The Board discussed the Local Laws on Creating Public Utilities on Electric
and Gas on which public hearings are scheduled to be heard this evening.
The Town Attorney was concerned with language regarding the issuance of a
long term bond which reads "will not have any effect on the general budget
or real estate taxes of the Town". Mr. Yakaboski has been conferring with a
bond counsel who will be giving us their recommendations on it. The Board
decided that the public hearings will be held as scheduled this evening as a
fact gathering forum, but no decision will be made until such time as as
further ~information and recommendations are received.
EXECUTIVE SESSION
On motion by Councilman Brian G. Murphy, seconded by Justice Louisa
Evans, it was RESOLVED that the Board enter into Executive Session to
discuss (1) Labor Management, (2) Personnel; and (3) Contracts. Vote of
the Board: Ayes: Supervisor Cochran, Councilwoman Huss:ie, Justice Evans,
Councilman Moore, and Councilman Murphy. This resolution was declared duly
ADOPTED. Also present: Town Clerk Neville, Town Attorney Yakaboski.
Executive Session ended at 2:41 P.M.
255
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on April 28,
1998, 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:
Absent:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory Yakaboski
Councilman John M. Romanelli
SUPERVISOR COCHRAN: May I have a motion to approve the audit of April
28, 19987
Moved by Councilman Moore, Seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are declared paid:
General Fund Whole Town bills in the amount of $162,461.34; General Fund
Part Town bills in the amount of $9,747.06; Community Development Fund
bills in the amount of $8,700.51~; Highway Fund Whole Town bills in the
amount of $11,039.57; Highway Fund Part Town bills in the amount of
$12,333.02; Ag Land Development Rights bills in the amount of $1,000.00;
Landfill Cap ~, Closure bills in the amount of $44,640.2/J4 Landfill
Equipment/Scale House bills in the amount of $150,000.00; Open Space
Capital Fund bills in the amount of $1,100.00; Computer System Upgrade
bills in the amount of $902.98; Seaview Trails Capital Fund bills in the
amount of $192.09; Employee Health Benefit Plan bills in the amount of
$43,050.32; Fishers Island Ferry District bills in the amount of $18,423.52;
Refuse & Garbage District bills in the amount of $13,019.43; Southold
Wastewater District bills in the amount of $5,241.32; Fishers Island Sewer
District bills in the amount of $543.34; Southold Agency & Trust bills in
the amount of $8,378.88; Fishers Island Ferry District Agency & Trust bills
in the amount of $84.76.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN:
Town Board meeting?
Motion to approve the minutes of April 14th
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the April 14, 1998, Town Board meeting be
and hereby are approved.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Setting the date of the next Town Board meeting
for May 12, 1998, at 4:30 P.M.
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the next meeting of the Southoid Town Board will be held
at 4:30 P.M., Tuesday, May 12, 1998, at the Southold Town Hall, Southold,
New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
I. REPORTS.
SUPERVISOR COCHRAN: There are agendas on the table out in the front
foyer, so that you can follow along the business of the Board. We do
receive reports every month from the different departments and committees,
so that the Town Board is kept fully abreast of what is going on. There
are some listed for this particular meeting.
1998.
2.
3.
4.
1998.
Southold Town Program for the Disabled Events Program for March,
Southold Town Police Department Monthly Report for March, 1998.
Southold Town Planning Board Monthly Report for March, 1998.
North Fork Animal Welfare League, Inc. Monthly Report for March,
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: We receive public notices. The first one is from
Donald Alfansa, and he is replacing a walkway in Little Peconic Bay,
Town of Southold. The second one is a notice of application to construct a
12 foot section of bulkhead, and this is at Westview Drive in Mattituck.
The third one is from the US Army Corp of Engineers, and it is for a
shellfish cultivation in Long Island Sound.
1. Department of Army, New York District, application of Donald
Alfanso to replace a walkway elevated above the wetlands grade, install a
ramp and a float and relocate two mooring piles in Corey Creek, Little
Peconic Bay, Town of Southold. Comments to be received by April 30, 1998.
2. New York Department of Environmental Conservation, Notice of
Complete Application of Frank Polacek to construct a 12 foot section of
bulkhead, remove existing sidewalls of boat ramp and fill area on Wesview
Drive, Mattituck, Town of Southold. Comments to be received by May 15,
1998.
3. U.S. Army Corps of Engineers, N.Y. District, Notice of application
of Alex Villani for a permit for shellfish cultivation in Long Island
Sound, Town of Southold. Written comments to be received by May 22,
1998.
III. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we received a letter from the
New York State DOT. As you know from time to time we have requests
throughout the town for additional traffic control devices, and I have a
request from one, as you come up New Suffolk Lane, and Route 25 right in
the village of Cutchogue, and it was requested because there is a blind
gentleman that crosses with his seeing eye dog at that point. The New
York State DOT felt that at this time the concerns weren't high enough to
change the traffic pattern there at that intersection. When we request
these from the State or the County it usually takes about six months,
before we have a reply. So, we just keep hoping. As you know we do have
the ones in the fire as far as Mattituck is concerned along there by the
A&P, and down the Hess Station, and the other road to the East of
Mattituck Shopping Center. We haven't heard anything in relation to those
yet. Also, a letter from Gayle Martinet-Smith from Save the Bays for the
support we gave them during their young people's, program. Also, a memo
from John Raynor in response to the FEMA 1998 exercise.
1. Thomas Oelerick, New York State DOT, in regard to pedestrian
safety concerns at Route 25 and New Suffolk Avenue, CutChogue.
2. Gayle Marriner-Smith thanking Supervisor Cochran for supporting
Save the Bays.
3. John Raynor with regard to FEMA "Response 98" Communications
Exercise.
IV. PUBLIC HEARINGS.
1. 8:01] P.M., on a proposed "Local Law in Relation to Creating
Municipal Utility in the Town of Southold'.
2. 8:05 P.M., on the Question of the Acquisition of the Ciacia
property, Main Road and Chapel Lane, Southold, New York.
3. 8:10 P.M., on a proposed "Local Law in Relation to Creating a
municipal Gas Utility in the Town of Southold'.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy that if
you would like to address the Town Board in relation to any of the
resol'utJons that are printed on the agenda, that you may do so in just a
moment. I would like say that we will stop when the time is right. Eight
o'clock 'we have a hearing on creating a municipal utility in the Town of
Southold in relation to electricity. Then, also, we have a hearing on the
Chapel Lane property, down at the CiacJa property down here on the
Main Road, Route 25. You can tell, Main Road, that is native talk. We
say, Main Road~ and when you ask directions you don~t say go down two
blocks, and turn right on SoundvJew, you say, you turn where the big
white house is. So, this is all part of living in the country, part of our
quality of life. We also have a hearing in relation to creating a municipal
gas utility Town of Southold. At this time, I would like to ask if
there that would like to address the Town Board in relation to
any of the resolutions we will be acting on? If you have any other Town
busi will' be given the opportunity at the end of the Board's
sch and we Would be very happy to hear from you on
relatlon~ to Town buSiness. At this time is there anyone
~ to address the Board on any of the printed resolutions?
Mr.
FRANK CARLI'N: Frank iCarlin. Number 18, this is on the Chamber of
Commerce building in Greenport, right.?
SUPERVISOR.COCHRAN: Yes.
FRANK CARLIN: Is that to remodel it, or what?
SUPERVISOR COCHRAN: The one down there? This is the $25,000 grant
we received to replace the building. It has been a long hoe, because we
sent it out first what we felt would be similar to the one in Mattituck, and
it came back more than the $25,000. So, we put it out for rebid, and so
on, and so forth. Why is out for rebid this time?
TOWN ATTORNEY YAKABOSKI: This time with the legal notice there was
misinformation on the bid specs. The bid specs stated it was going to be a
surety bond, that the bid bond had to be a surety bond, or a certified
check, and on the legal notice it said, certified check or bank draft.
Since it was a higher standard we are trying make sure. as many bids as
possible come in. We fel~ that we had to readverfise, put out the
with the same specs.
SUPERVISOR COCHRAN: So it 'is not misunderstood, Frank, or we could
have someone object that it was not properly, you know, advertised, and I
believe we received four, and we are hopeful we will get the four back once
everyone understands everyone is in the same playing field.
FRANK CARLIN: What I am trying to get at here, do you want to spend
more than $25,000? How much are you going to spend on this?
SUPERVISOR COCHRAN: The $25,000 grant.
FRANK CARLIN: For $25,000 you will never match the one in Laurel.
SUPERVISOR COCHRAN: No, you won't. It will be a smaller facility.
FRANK CARLIN: It was over $35,000 in '86. You are never going to
match that. I noticed also you said awhile back, you said, well, let's
leave it more or less the way it was. Why even bother? Save your money.
I thought you said, well, we are going to see what we do, and maybe we
will have something like we got there now.
SUPERVISOR COCHRAN: In structure-wise, size-wise, yes.
FRANK CARLIN: If there isn't going to be that much difference, why go
ahead and spend $25,000? Leave it the way it is.
SUPERVISOR COCHRAN: Although there is no cellar..
FRANK CARLIN: There is not a cellar in a lot of houses either.
SUPERVISOR COCHRAN: There is flooring. There is safety. There is
weight. There is a lot of factors. If you would like to come in, and sit
down with our Town Attorney, he will tell you all the pitfalls of this
little building, that is down there. It needs a lot of repair work. and it
is just as wise to go in this direction, more wise to go in this direction.
FRANK CARLIN: Every time you take something over from Creenport it
always needs repair work.
SUPERVISOR COCHRAN: We didn't take it over from Greenport, Frank.
FRANK CARLIN: There were running it, weren't they?
SUPERVISOR COCHRAN: No, it's the Southold-Greenport Chamber, and
the property was given to us by the State many years ago. That used to
be the old highway, and when they put the new road in that circular part
of land they gave to the town, and the building 'was given, I don't want to
say the wrong pe~son..somebody gave it to the Chamber, the building. It
was very old then, and then it was placed there, but it has nothing to do
with Greenport government. Is there anyone else who would like to
address the Board on any of the prepared resolutions? (No response.) We
will move forward with the adoption.
1.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for bids for the
following road surface treatments for the Superintendent of Highways:
1. Oil and Sand
2. Oil and Stone
3. Liquid Asphalt
4. Sand Mix (Type 5 Shim)
5. Type 6 Top
6. Emulsions and Stone
7. RC-250 Liquid Asphalt Oil ~, Recycled Stone
1.-Vote of the Town Board: Ayes: Councilman Murphy, 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 grants
permission to Edward Forrester, Director of Code Enforcement, to attend
the New York State required instructional course in Code Enforcement at
Yaphank, New York on May 6,· 7, and 8, 1998 from 8:00 A.M. to 5:00
P.M. each day. No travel or accommodation expenses are required for
attendance.
2.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
3.-Moved by Councilman Moore, 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 sign the 1998
Community Development Agreements between the Town of Southold and the
County of Suffolk.
3.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
~.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for Beach Attendants,
Lifeguards, Water Safety instructors, and Playground. 'Instructors for the
1998' Summer Season.
~.- of the : Ayes: Councilman Murphy, Councilman Moore,
Justi( Hussle, Supervisor Cochran.
This uly ADOPTED.
5.-Moved by Councilman Murphy, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 28th day of April, 1998, a Local 'Law entitled, "A Local
Law in Relation to SoUndVlew Avenue"; now, therefore, be it
RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, May
12, 1998, Southold Town~Hall, 5:3095 Main Road, SOuthold, New York, as
time and place for a public hearing on this Local Law, which reads as
follows:
A LOcal Law in Relation to Soundview Avenue
I. Chapter 92 (Vehicles & 'Traffic) of the Code of the Town of Southold is
hereby amended as follows:
1. ~rticle III, Section 92-30 (Stop intersections with stop signs)
iS hereby amended' I~y adding thereto the following:
Direction At Inter- Location
Stop Sign= on of travel section With (hamlet)
Sou ndview Avenue East Lighthouse Road Southold
Soundview Avenue W~ Lic~hthouse Road Southold
II. This Local Law sha--~-.'take effect' upon its filing with the Secretary of
State.
* underline
5.-Vote Ayes: Councilman Murphy, Councilman Moore,
an Flussie, Supervisor Cochran.
This reso;lution was duly ADOPTED.
.-Moved b~i Justice Evans, seconded by Councilman Murphy, it was
RESOLVI~D that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute an agreement
with Pr~star Promotion'.~ Inc. for the 1998 summer recreation programs
for weei~ long sports ~:amps for volleyb.all, baseball, s.oftball, basketball,
and soccer for y~uth in grades [t-12, all m accordance with the approval of
the Town~ Attorney.
6.-Vote of. .he Ayes: Councilman Murphy, Councilman Moore,
Ju~ Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
7.-Moved by~ Councilman Moore, seconded by councilwoman Hussie, it was
RESOLVi~D that the Town Board of the Town of Southold hereby appoints
Theresa Van Etten as a Part-Time Account Clerk to the Human Resources
Center, for 17 1/2 hours week, at a salary of $8.[t0 per hour, effective
immediate'iy·
" 7.-Vote of', the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice EVans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
8.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Supervisor Jean W. Cochran, Chief of Police Joseph A.
Conway and Assistant Deputy Emergency Preparedness Coordinator John
Raynor to attend the 1998 Emergency Management Conference at the Marriott
Hotel at Melville, N.Y. on June 3 ~ 1~, 1998, and all the' necessary expenses
for travel, lodging, meals, and registration shall be a legal charge to the
1998 Emergency Preparedness Budget.
8.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
9a.-Moved by Supervisor Cochran, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the resignation of Patricia D.. C;arsik, with regret, as Confidential
Secretary tothe Supervisor, effective May 1, 1998.
9a.-Vote of the Town Board: Ayes.: Councilman Murphy, Councilman Moore,
Justice =Evans, Councilwoman H~Jssm, Supervisor Cochran.
This resolution was duly ADOPTED.
9b.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Patricia D. Carsik as a Permanent Full-Time Clerk-Typist to the Southold
Town Police De from the Suffolk County Department of Civil
Service C~ igibles, effective May 1, 1998 at a step one
salary per annum.
9b.-Vote of the Town :Board: ~ Councilman Murphy, Councilman Moore,
Justice Ev.~ns, Supervisor Cochran.
This resolGtion was iD.
COUNCILMAN MOORE: We passed this resolution, or one very similar to it
two weeks ago, and we were adviSed that a certain bill in the Assembly has
been amended. This relates to the .2~o transfer tax creating the preservation
fund from transfer fUnds.
le.-Moved by Councilman Moore, seconded by Supervisor Cochran,
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 lands use planning and open space acquisitions
programs; and
WHEREAS, over the last 15 years, the voters of the Town of Southold
have authorized the Town of Southold to expend upwards of thirteen ($13)
million dollars for the preservation of open spaces and ifarmlands; 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 Town of Southold; and
WHEREAS, there are bills pending in the Senate (S.6751) and the
Assembly (A.9692A) of the New York State Legislature which will authorize
the establishment of a community preservation fund fc~r certain towns in the
Peconic region for the preserving of open spaces; and
WHEREAS, the Town Board of the Town of Sou-thold 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.9692A and requests the New York State
Legislature adopt such bills; and be it
FURTHER RESOLVED that the Town Clerk is hereby directed to transmit
a copy of this resolution to Senator Kenneth P. LaValle, Assemblywoman
Patricia Acampora, Assemblyman Fred Theile, Jr., Assemblyman Thomas
P. DiNapoll.
10.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Supervisor Cochran. No: Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILWOMAN HUSSIE: I didn't like this at the last Board meeting, and
I like this amended version of the bill even less. It still does not do
anything about the loophole, which allows a farm right now to be sold to a
developer without safeguards on avoiding this tax. The other part of it is,
this amendment lowers the amount upon which this tax is levied. The
original bills said on improved property worth $250,000 there would be a
tax on everything over that $250,000. Now, we have lowered it in Southold
and Riverhead to $150,000. That is the difference between the $150,000
improved property, and the $250,000 approved property is where the bulk
of our property is. It is going to affect even more people than the
original bill. I never like .the 2% anyway. I thought it should be half a
percent on everything. The other thing is, I don~t think the people know
about this, nobody has been told about this change, so i am voting, no.
SUPERVISOR COCHRAN: I think people have been told about the change.
11 .-Moved by Justice Evans,. seconded by Councilwoman Hussie~ i it was
RESOLVED that the Town Board of the Town of Southold ihereby approves
the release of the performance bond for roads and: imp~'oveme~ts in the
minor subdivision of Russell Pellicano, Southold in the amount of
$ %250.00, all in accordance with the reCOmmendation. 'of Engineering
Inspector Richter and the Southold Town Planning Board.
11.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice EvanS, CouncilWoman HusSie, Supervisor Cochran.
This resolution was duly ADOPTED.
12. - Moved
RESOLVED
authorizes
member of the
office,
12.-Vote of the.
JustiCe Evans, ~
This resolution
13.-Moved by
WHEREAS,
Southold on the 2;
Law in RelatiOn to,,
therefore, b& ~'it
seconded by Councilwoman Hussie, it was
Board of the Town of Southold hereby
Town Clerk to advertise for resumes for a
Board of Ethics for a three (3) year term of
1998 through May 2, 2001.
Ayes~ Councilman Murphy~ Councilman Moore,
H~Jssle, Supervisor Cochran.
ADOPTED.
seconded by Justice Evans,
presented to the Town Board-of the Town of
April, 1998, a Local Law 'entitled, "A Local
Definition of Fresh Water Wetlands", now,
RESOLVED that this Local Law be referred to the Southold Town Planning
Board and the County Department of Planning for recommendations
and reports,.~ ~ with the Southold Town Code and Suffolk
County Law reads as folJQws:
A Local Law the Definition of Freshwater Wetlands
BE IT Town Board of the Town of Southold as follows:
I. Chap~e~ 97 (Wetlands) of the Code of the Town of Southold is hereby
amended :as ~f~[i0wS:,
1. Section 97-12 (:Exceptions) is hereby amended as follows:
(7)~ The o~diaa~and usual maintenance or repair of a
ma~d~ pond~ithat is created by usin.q an artificial
s~ea! ~b PreVent water'fr°m seeping'into the Rround and
~cfiVifieS disturbin.q the bottom lands of, and wetlands
2. Se~ti0n 9~-!!8 (Dofinlt~ons) is hereby amended as follows:
BOUNDARIE, S:iOF A WETLAND OR WETLAND BOUNDARY - The
outer ~1 ~!~t bl~ ~e ~e_~etat[on specified in the definitiOn of freshwater,
bracki.~ ~r t Ual ,we~ and. The wetland boundary is to be defined and
fi a ,q ,q e ,d, atthe pomtlwhere ex~sbn,q wetland ~nd~cetor species no longer
have al,~mp~et~v,e, advantage over upland species. Wetland and
upJandl pla~t~ ~ Lm~x together at this transition zone. The methedo o,qy
2 6 2 ^.~.,~._ 28. 1998
used to determine this boundary shall be the same methodolo.av
utilized in the N.Y.S.D.E.C. Technical Methods Statement relating
to the Freshwater Wetlands Act: to wit, if. the innermost oortion of
a wetland is effectively 100 percent wetland plants, the next
concentric ring shows an area of 75 percent wetland species, and
the outer ring is a 50 percent mi× where the competitive advantage
of upland species is demonstrated, the boundary line will be drawn
at the mid-point of the outer rin,q. Where a site is dominated by
fa_.~ltative species Which are characteristic of LOng Island wetlands.
s0i:h as red maple (Acer rubrum) and black'tupelo (Nyssa svlva~ca~;
a community approach shall be used .in determining thewetland
boundary. The test of what constitutes a wetland community will be
satisfied if the species ara those included in the description of natural
wetland community types as documented by the New York Naturai
Heritage Pre,qram in the March 19.90 manual entitled ~Ecolo,qical
Communities of New York State,"
WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L.
No. '6-1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward "'~""
....~ ....................... wetland boundary
of such tidalWetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, §24-0107,
Subdivisions 1 Ia) to l(d) inclusive, of the Environmental Conservation
Law of the State of New York; or
(2) "Frcch'::atcr ,::c*Jandc" moons All lands and waters in the town which
contain any or all of the following:
(a) lands, and submerged lands commonly called marshes,
swamps, sloughs, bogs, and flats supporting aquatic or semi-
aquatic vegetation of the following types:
(1) wetland trees, which depend upon seasonal or permanent
flooding or sufficiently water-logged soils to ,qive them a
competitive advanta,qe over other trees; includin_a, amon.a
others, red maple (Acer rubrum), willows (Salix spp.), black
spruce (Picea mariana); swamp white oak (Quercus bicolor),.
~ed ash (Fraxinum pennsyIvanica), black ash (Fraxinus ni.ara),
silver maple (Acer saccharinum), American elm (Ulmus
americana), and larch (Larix laricina); or
(2) wetland shrubs, which depend upon seasonal or .
permanent flOoding or sufficiently water-lopoed soils
to give them.a competitive advantage over other shrubs;
includin,q, amon,q others1 alder (Alnus spp.), buttonbush
(Cephalkanthus occidentialis), bo,q rosemary fAndromeda
_alaucophvIla). dO.qwoods.(cornus spp.), and leatherleaf
(Chamaedaphne calyculata); or
~(3) emergent vegetation, including, among Others, cattails
(Typha spp.), pickerelWeed (Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum (Peltandra virginica), arrowheads
(Sa,qittaria spp.), reed (Phra,qmites communis), wildrice
APP. J L 28,
19S8
263
(Zizania aquatica), bur-reeds (8par.~anium spD.), purple
Ioosestrife (Lythrum salicaria), swamp Ioosestrife (Decodon
verticillatus), and water plantain (Alisma planta,qoaquatica);
o_r
(4) rooted, floating-leaved vegetation; including, among others,
water-liJy (Nymphaea odorata), water shield (Brasenia schreberi),
and spatterdock (Nuphar spp.); or
(5) free-floatin,q vegetation includin,q, among others, duckweed
(Latona spP.), big duckweed (SpirOdela polyrhiza), and
watermeal (Wolffia spp.); or
(6) wet meadow vegetation, which depends upon seasonal
· or permanent flooding or sufficiently water-logged soils tn
give it a competitive advantage over. other open land
ve_~etation: including, among others,: sedges (Carex spp.),
rushes (Juncus spp.); cattails .(TvDha SDO.), rice cut ,~lras.~
(Leersia oryzoides)~ reed canary grass (Phalads arundinacea)
SWamp loosestrife (DeCOdon verticillatus), and spikerush
(Eleochads spp.); or
(7) bo.q mat ve.qetation; including, amon.q others, sphagnum
rnosseS'(SPha,qnum Spp.), bo,q rosemary (AndromedR
~laucoohvlla), leatherleaf (Chamaedaphne calyculata),
pitcher plant (Sarracenis purpurea), and cranberries
(Vacoinium macrocarpon and V. oxycoccos); or
(8) submer,qent ve,qetation; including, among others,
pondweeds (Potamo,qeton spp.), naiads (Naias soD.)
bladderworts (Utricularia spp.), wild celery (Vallisneda
americana), coontail (Ceratophyllum demersum), water
milfoils (Myriophyllum spp.) musk,qrass (Chara spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.),
and water smartweed (Poly,qonum amphibium); or
lb) lands and submerged lands containing remnants
of any vegetation that is not aquatic or semi-aquatic
that has:died because of wet conditions Over a
sufficiently Ion,q period provided that such wet conditions
do not eXCeed a maximum seasonal water depth of six
feet and provided further that such conditions can be
expected to persist indefinitely, barring human intervention;
(c) la,nds and waters substantially enclosed by aquatic or
Semi-aq~atic!ve.qetati°nas set forth in paragraph (a) or be
dead vegetation as set forth in paragraph (b), the regulation
of which is necessary to protect and preserve the aquatic
and semi-aquatic vegetation; and
(d) the waters overlyin.q the areas set forth 'in (a) and (b) and
the ilandS
(2) All land immediately adjacent to a "freshwater wetland," as
defined in either Sutlsection B(1) or Subsection B(2) and lying within
seventy-five (75)~feei andward of the most landward edge-el-a-
I1. This Local Law shall take effect upon filing with
State..
* Underline represents additions
Strikethrough represents deletions
the Secretary of
COUNCILMAN MOORE: What this Local Law is about is amending a loophole
in our present ordinance which identifies freshwater wetlands, as those
which appear only on the DEC freshwater wetland map. We have other
freshwater wetlands in town, which are not identified on that map, which
the Trustees should have jurisdiction over, and so by making this law after
public hearing, and comment from the Planning Board, and the County
Planning Commission, our Trustees would have jurisdiction over freshwater
wetlands in the town, which are not found on the freshwater wetland map.
13.-Vote of the Town Board: Ayes: Councilman Murphy,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Moore,
14.-Moved by Councilman Moore, seconded by Councilwoman Hussie,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the. 28th d.a¥ of April; 1998~ A.Local'. Law entitled, "A Local
Law in Relation to Prowding A 15artiall Exemption from Real Property Taxes
to Persons with Disabilities Who. Have 'Limited Income"~ now therefore, be it
RESOLVED that :the Town Boar;d .her~eb¥ sets ~5:05 .P.M., Tuesday, May
12, 1998, Southold Town Hall': .5309~:'uain R&.ad, Southold, Ne.w York, as
the time and place for a pubhc hearing on this LOCal` Law~ wh,ch reads as
roi lows:
A Local Law Providing a Partial Exemption from Real prOPerty Taxes to
Persons with Disabilities Who Have Limited Income
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. LEGISLATIVE INTENT
This local law is adopted pursuant to authority of Real Property
Tax Law section 459-c. All definitions, terms and conditions
of such statute shall apply to this local law.
II. Chapter 85 (Taxation).of the Code of the Town of Southold is
hereby amended by adding the following:
1. Section 85.9 (Partial exemption for persons with a disability)
A. Real property owned by a person with disabilities whose
income is limited by such disabilities, and used as the le,clal
residence of such person, shall beentitled to a partial
exemption from taxation to the extent of 50 percent of assessed
valuation.
B. To be eli,qible for the exemption authorized by such section
459-c and implemented by this local law the maximum income
of suCh person shall ,not exceed $18,500. Any such person,
having a higher income shall be eli,clible for exemption in
accordance with the followin,q schedule:
ANNUAL INCOME.
pERCENTAGE ASSESSED VALUATION
EXEMPT FROM TAXATION
More than $18,500 but less than $19.500
$19,500 or more but less than $20.500
$20,500 or more but less than $21.500
$21,500 or more but less than ~22,400
$22,400 or more but less than $23.300
$23,300 or more but less than $24.200
$24,200 or more but less than $25.100
$25.100 or more but less than $26.000
~26,000 or more but less than $26.900
45 per centum
40 per centum
.~5 oer centum
30 oer centum
15 oer centum
10 oer centum
5 oer centum
III. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additionS
l~,.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
15.-Moved by Justice Evans, seconded by Cbuncilman Murphy,
WHEREAS, there has' been presen{ed to the Town Board of the Town of
Southold, on the 28th day o{.APriI, i998, a Local Law entitled, "A Local
Law in Relation 'to Flood Damage Prevention",-now, therefore, be it
RESOLVED that the Town Board hereby sets 5:10 P.M., Tuesday, May
12, 1998, Southold .Town Hall, 53095 Main Road, Southold, NeW York, as
the time and place for a public hearing on this Local Law, which reads as
follows:
A Local Law in ,Relation to Flood Damage Prevention
BE IT ENACTED, BY THE Town Board of the Town of Southold as
follows:
I. Chapter 46 (Flood Damage Prevention) of the Code of the Town of
Southold is hereby'amended as f~ loWs '
1. Section 46-4 B (Definitions) is hereby amended as follows:
AREA OF SHALLOW FLOODING - A designated AO, AH or VOZone
on a communiiy's,FIood Insurance Rate Map (FIRM) with a one-percent
or greate~ an, nt~ai 'chance of flooding to an average annual depth of
one (1) to three (3) feet where a clearly defined channel does not
exist and where the path of flooding is "~' .... *~-~--~-~ ~- ..... '~"" cr
sheet--flews, unpredictable and where velocity flow may be evident.
Such floodin,q is Characterized by pondin.q or sheet flow
CRAWL SPACE means an enclosed area beneath the lowest
elevated flbor, eighteen inches or more in height, which is used
to service:the underside of the lowest elevated floor. The
elevation of;the floor of thisenclosed area, which may be of
soil, gravel, concrete or other material, must be equal to or
above.the iowest adiacent exterior grade. The enclosed crawl
space ~area sha I be properly vented to.allow for equalization
of hydrostat ¢ forces which would be experienced during periods
of floodin.ql
2. Section 46-6 (Basis for establishing, areas of special flood hazard)
is hereby amended as follows:
A. The areas of special flood hazard for the Town of Southold,
Community No. 360813 are identified and defined on the following
documents prepared by the Federal Emergency Management
Agency:
(1) A scientific and engineering report entitled "Flood Insurance
Study, -r ...... · ~..,,~,..~.~ ~.~ .... v,~.u Suffolk County, New York
(all jurisdictions)" dated ~ May 4, 1998.
(2) Flood Insurance Rate Map for Suffolk County, New York (all
iurisdictions) as shown as Index No.. 36103C000, and panel(s)
0017, 0018, 0019, 0036, 0037, 0038, 0039, 0041, 0043, 0063,
0064, 0066, 0067, 0068, 0069, 0080, 0085, 0086, 0087, 0088,
0089, 0095, 0105, 0106, 0107, 0108, 0109, 0115, 0139, 0142,
0143, 0144, 0154, 0157, 0158, 0159, 0161, 0162, 0~163~ 0'164,
0166, 0167,.0168, 0~169, 0176,.0177, 0178, 0181, 0182, 0184,
01.86, 0188, 0192, 0205, .0477, 0479, "048.1; 0482, 0483~ 0484,
0491, 0492, 0501, 0502, 0503, 0504, 0506, 0508, and 0511
whose effective .date is May 4, 1998.
3. Section 46.18 (Residential structures (coastal high-hazard areas) is
hereby amended as follows:
B. (1) The structural design shall be adequate to resist water forces
that would occur during the base flood. Horizontal water loads
considered shall include inertial and drag forces of waves, current
drag forces and impact forces from waterborne storh~ debris.
Dynamic uplift loads shall also be considered if bulkheads, walls or
other natUra Or man-made flow ObstruCtions cOUld cause 'Wave
ru,mp run-up,beyond the elevation of the base flood .
II. This Local Law shall take effect upon filing with the Secretary of State.
* Strikethrough represents deletions
Underscore represents additions
15.-Vote bf the Town Bo~ : iCouncilman Murphy, Councilman Moore,
Justice Evans, 'visor .COchran.
This resolution was dui'
16.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby sets the
salary of Seasonal Part-Time Employee~' arid Work l Study Employees at $6.82
per hour. ' ' '
16.-Vote of the Town Boa
Justice Evans,
This resolution was duly
17.-Moved by Councilman Hussie,
RESOLVED that the Town
authorizes and
MU~ ~hy, Councilman Moore,
it was
Southold hereby
for resumes for three
(3) positions for full'time [ the' Supervisor's
Office, Town Clerk[s Office, and Human Resource Center at a salary of
$22,658.u,2 per annum.
17.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor CoC~ran.
This resolution was duly ADOPTED.
18.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to re-advertise for bids for the
construction a Tourist Information Booth at S. Wentworth Horton Memorial
Park, New York State route 25, Creenport, New York.
18.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor C0chran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of our resolutions until after our
hearings. We do have a hearing scheduled for eight o'clock. Alice, do you
want to read the legal notice on the electric company?
COUNCILWOMAN HUSSIE: Ail of it?
SUPERVISOR COCHRAN: No. You are just going to-read the highlights,
and the fact that you have verification, and it has been printed in the
newspapers. We had a discussion this morning in the aork session in
relation to the forming of the electric municipal utility in the Town of
Southold, and of course there are so many parts to it, and so much that
has to be looked at, and investigated, but our bond counsel has raised
some concerns with the language of the Local Law as we have presented it
in the newspaper, and we are presenting it to you this evening. With
assistance of the bond counsel we will be reviewing and changing some of
the language. Because of the strict procedural requirements of adopting the
Local Law we will have to re-notice, and have another public hearing, and
we will be doing this immediately. Now, earlier I know, Alice, you and
Grog, Grog is our Town Attorney, were having some discussion. Did you
decide anything differently. Then we will have to in two weeks reprint it,
and readvertise the hearing?
TOWN ATTORNEY YAKABOSKI: Correct.
SUPERVISOR COCHRAN: But we didn't want to cancel it as of this
morning, so we would still like to take your input, because if. there are
several places that we see the need for change, perhaps some of you might
have some recommendations or suggestions, that also need looking at, so
this way we will be able to look at all at the same time. Gary, while we
are waiting I have about a half a minute before I can open the hearing,
perhaps you would like to introduce. Gary is from Power Alternatives, and
perhaps you would like to introduce the gentlemen that are with you here
tonight for the hearing.
GARY VIGLIANTA: My name is Gary Viglianta. I am President of
Power Alternatives, With me tonight is Joe Procokp. He is the corporate
counsel for Power Alternatives, Tom Scianti is Vice-President of Power
Alternatives, and as the Supervisor said, this will be an excellent
oppoFt.unity for anyone who has any questions about the study, or about
what is~ going on, to get the questions out. We are here to give you
whatever answe? to whatever questions you have. We will provide you with
all the ~nfOrmatlon we have. The Council, and the Supervisor, and the
Town Attorney, as well as 'the bond counsel, have decided that there is
some very small technical problems with the advertisement, and of course,
to be exactly correct they h.a. ve done what I belie.v.e is a. very correct
motion, and ~.t. hat'r is. to table It for tWo weeks, but it will give ~verybody
the opportur~it¥ tonight to have some conversations, and to come back n
two weeks again with whatever research or questions you may have. We will
also answer your questions if you would like to call us. If during the time
between he~a~ings ~ou have more questions, and you would like to call us,
our firm: woUld be more than happy, t° get back to you, and may not get
back to you immediately, but we will get back to you in short order ,with
whateVe? qu;estions, so, please, anything that is on your mind tomght
bring ii u~3, and we Will add~ess it; and-we will try to make you ~eel
comfortable Wlth what is going on.
SUP
Than
publi
Hearing?
ice.
N: You took care of that half minute very well.
sir. I would llke to get back to the reading of the
you, Gary. May I have a motion to recess for the
Moved by Councilman Moore, seconded by Justice Evans, it was
RES(~EVED that a recess be called at this time, 8:00 P. M., for the
purpbse of holding a public hearing.
Vote o~f the Town Board: Ayes: Councilman Murphy, Councilman Moore,
Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 9:09 P.M.
SUPERVISOR COCHRAN: I have a resolution now in relation to the
acquisition of the Ciacia, number 19A, please.
19a.AVIoved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that pursuant to Article 8 of the Environmental Quality Review
Act, and 6NYCRR Part 627.10, and Chapter ~t~ of the Code of the Town
of Southold, notice is hereby given that the Southold Town Board, in
conducting an uncoordinated review of this unlisted action, has determined
that there will be no significant effect on the environment.
DESCRIPTION OF ACTION: Question on , the acceptance of offer of
Margaret Ciacia, Conservatee, by John Faulkner, Conservator of the
property located at the northwest corner of Main Road and Chapel. Lane,
Arshamomaque, Southold, New York under the open space preservation
program. It has been determined that a significant effect on the
environment is not likely to occur should the proposal be implemented as
planned.
19a.~Vote of the Town Board: Ayes: Councilman Murphy, Councilm~n Moore,
Justice Evans, CouncilWoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
19b.-Moved by Supervisor Cochran, seconded by Councilman Moore,
WHEREAS, Margaret Ciacia, Conservatee, by John Faulkner,
Conservator have offered to sell property to the Town of South01d under
the Open Space Program; and
WHEREAS, the ~own Board of the Town of Southold held a public
hearing on the question of the acquisition of the Ciacia property on the
28th day of April, 1998, pursuant to the provisions of Chapter 59, Open
Space Preservation, of the Code of the .Town of Southold, at which time all
interested persons were given an opportunity to be heard;, and
WHEREAS, the Town Board deems it in the public interest that the Town
of Southold acquire the Ciacia property; now, therefore, be it
RESOLVED that the Town Board hereby elects to purchase the property
of Ciacia, described as follows:
Suffolk County Tax Map No. 1000-~,5-1-10, comprising approximately 8
acres, located on the northwest corner of Main Road and Chapel Lane,
Arshamomaque, Southold, New Yo~k, at a cost of $68,000.00, and be it
FURTH!ER RESOLVED THAT Supervisor Jean W. Cochran be and she
hereby is authorized to execute any and all required documents required
for the acquisition of the aforesaid propert, y.
19b.-Vot~e of. the ToWn Board: Ayes: Councdrnan Murphy, Councilman Moore,
Justice Evans, Councilwoman HuSSie, Supervisor CoChran.
This resOlution was duly ADOPTED.
SUPERVISOR COCHRAN: At this point, if there is anyone that would like
to address the Town Board. It has to be on Town business, but you are
more [hah welcome at this time to Share it with us.
BERNARD HEINSCH: My name is Bernard Heinsch. I live on Route
48. I am here to address a problem that some of: us have with the zoning
matter of Jimbo Realty. Last night I had the opportunity to address the
Planning Board on this m~tter. I had to congratulate the Town Planning
Boated on their official notice of that hear.ng. It was decept.ve. It was a
thre~ .acre si;ce on M~ddle Road. Yesterday mormng I was in the North Fork
Deli. I asked about twelve people, many of them town residents, do you
know where Middle Road is? Nine out of the twelve, no. It's ridiculous.
Jimbo Realty "~intends to b~uild a site similar .to what they have along side
~he radroad tracks, but encompassing one acre of buildings, over one
acre Of asphalt on a three acre Parcel.. The Town ~s trying to preserve the
farming atmosphere. We have: heard for years, since the Town has adopted
a Master Plan, that wasn't cut in stone the Town told us. But, we had
always heard, that, yes, there is going to be c~anges made in the Zoning
Cod~, especially along LiS. Have they been made. ~None of us know, because
now you are going to have something like 5~ in l~iverhead. This is
starting, a two story box type structure. It isl gOing to look ridiculous.
The State, and the CountY, ~nd the Town are trying, to purchase farming
rights, and you let that gO through. There is s~):meth]ng ~vrong. There is
some other people that would like to speak. Thank you.
SUPERVISOR COCHRAN: Thank you very much. M~'. Helinski?
ZICMU ND H ELI NSKI: My name is Ziggy Hel~nski. i live on
Tuckers Lane. This is pertaining to my wife's property, the Donahue
farm/, which is adjacent to Grey Realty, or whatever, Jimbo Realty. it
is my.. understanding that when a person asks for a variance, that the
neighbors are supposed to be notified. We never received a notification
until last week. I think, if I am correct, his first application was 1996.
SUPERVISOR COCHRAN: Who didn't you receive a notice from?
A?R]L 28, ~998
269
ZICMUND HELINSKI: From Jimbo Realty.
SUPERVISOR COCHRAN: You said you just got one about a week ago, who
was it from? Planning?
DONNA DZUGAS-SMITH: Got one last night from the Planning Board.
SUPERVISOR COCHRAN:
you received.
From the Planning Board, that is the only one
ZICMUND HELINSKI: Just to go along with what Mr. Heinsch said,
that with all this land preservation and everything that the town has been
hollering about, to let this monstrosity go up. It is going to be an
eyes~)re, and it is going to cause problems for one reason that the Town is
allowing him a access road to the North Road just before the light there. I
don't know if you have ever traveled that road lately, or not, but it is
worth your life to get on it, and get off of it.
SUPERVISOR, COCHRAN: Is the Donahue farm adjoining directly?
ZIGMUND HELINSKI: Yes.
SUPERVISOR COCHRAN: Thank you, Zig.
JOHN. BUFFKINS: Good evening'. My name is John Buffkins. I live
adjacent to the property in question. My wife and I, also, were never
notified back in '96.
COUNCIEMAN MOORE: The variances would have been through the Zoning
Board, the applicant should have sent you by certified mail. The applicant
does it, and presents proof. We are going to check and see what the
Zoning Board file shows, but there should have been proof. That should
be iR the file. If not than something was done wrong in the hearing process.
SUPERVISOR COCHRAN: We are going to check on it. I will continue to
take people that would like to express themselves on this issue. Anyone
else like to talk to the Board in relation to this issue?
DONNA DZUCAS-SMITH: My. name is Donna Dzugas-Smith. I attended
the planning meeting yesterday, although I am not adjacent. I am close by
on L~8. I am concerned, because according to your Building Code 58, which
was revised in January, 1996, it says you need not only certified, but
return receipt, and I did look in the file, and there are not return
receipts, and not all proper people were notified, and there was something
said that along the lines that according to the tax rolls, those who were on
the ~tax rolls. Well, you will check that out I am sure, and you will find
out. we had a big problem here as far as that. I do hope also that you
can open the matter up for us as citizens, and the Town Board really
review this proposal by Mr. Gray. He was present yesterday at the
meeting, and when I spoke I said, I don't know the gentleman, and he was
standing there, and didn't offer recognition of who he was. I think he
would rather remain that way, anonymous. My concern is he has many
parcels along that stretch. This is only the first one. If he does this
he has the adjacent one und.er his son's name, but they both own the same
company. If he gets away with this, this sets the precedent, maybe it will
be three stories on the corner one, the lot next to it. He also has two
parcels in front of my vineyard, which right now I offer a wonderful view
to the North Road travelers,-and to people going down Tucker's Lane.
There is a lot of open space there right on the corner property. His two
parcels in front of my vineyards are zoned light business the first 150
feet, and the rest five acres is zoned agricultural. D&D Cycles ran into a
problem there. There is building there now, quite an eyesore. I would
like the Board here to look into this matter further, because if you look at
that light business breakup. Okay? Number one, when you look at the
Town Code, and I go to the Pla.nmng Board: and I say, well, you know
what is light business? What k~nd of business can now go into that
building? Alright? The answer is not specific. Rather than have another
McDonalds and Burger King issue, I would appreciate it very much if
someone could look into making the light business specific. I hear a
propane company is thinking about that now. I personally don't think a
270
APRIL 28, 1998
propane company is light business. If it exploded it certainly wouldn't be
l ig bt.
SUPERVISOR COCHRAN: Yes, that has been inquired, but I don't think
he is doing anything.
DONNA DZUGAS-SMITH: Many years ago he did this, he rezoned. When
I bought my land he called me. He did not know me from Adam. I did not
know him. He called me, and suggested that I get in touch with the Town,
and rezone my frontage, which is tremendous on the North Road. I was
interested in preserving the farmlands of Southold. The other thing to
remember, too, he seems to get a lot of variances. He seems to get around
it, and on the parcel that am also concerned about, if he gets away with
this he is going to go back to the Cycle parcel, where it is light business,
and it was already suggested that you could put a house behind it on those
five acres, because that is zoned for such. He doesn't have access. He .is
landlocked, but that is zoned for such. If he doesn't have access he is
landlocked, but they are saying, well, it is landlocked so you have to give
him access for a house. So, these are the things that need to be
addressed. These parcels had been zoned. If you don't want to rezone at
least let's specify what General Business is, what kind of business can go
in there, what light businesses? Supposedly it is only~ serYTces. Let's be
more specific before he attracts any of these other parcels. I would
appreciate it.
SUPERVISOR COCHRAN: Bill, do you want to add something, as far as the
zone is concerned?
COUNCILMAN MOORE: I am sorry you didn't get clearer answers as to what
that LB, I~imlted Business, zone currently allows, because the Zoning Code
says, at least you can read it, and say, there are the listed uses in LB,
here are the listed uses in Hamlet Business, and General Business. We have
been working for quite some time. In fact we sent a home work assignment
off to the Planning staff, and the Building Department, focusing really on
the Hamlet Business side. The balance has been trying to keep the hamlets
as thriving commercial centers for suitable businesses for the hamlets, and
there is a whole debate on what are suitable businesses for the hamlets with
other businesses that your community needs to have from car dealerships,
to heavy auto and truck repair, and those types of things. There has got
to be a place to put .those, If self storage or something that the market
says, you know, the people have a need for self storage, because they
have no garage, and they have more stuff than they have a place to put
it. You have got to find a zone to put these things in~ and so, the Code
Committee has been struggling back and forth with limited business, trying
to move some of the uses that we don't think belong in the limited
business, and keep them down in the hamlet area without, leaving that as an
empty, useless zone, recognizing that ,the B Zone is the General Business
Zone. You think of the kind of things that can go in there are any kind of
heavy or busy commercial use, and that is what the B zone is~ about. You
don't necessarily want the B zone down in your hamlet, so that is what we
have been struggling with back and forth, and, yes, Route 48 is a corridor
through town. It is all part of clear back to the '80s, as the goal for the
community, and keep your retail stuff down in the hamlet area. That is
what is being juggled with right now, but there is presently a Code in
place, that if we pulled the Town Code, and opened the LB zone it would
list for you the permitted uses. So somebody should be able to tell you
what is presently allowed in LB, what is presently allowed iin B. I don't
have my Town Code here, or I would give you a copy in a moment~ You
could sit and read it.
DONNA DZUGAS-SMITH: You could get back to me, and tell me ~if
propane, the sale of propane, and the storage of propane, because no one
so far ,that I have asked in this Town Hall can =answer that.
COUNCILMAN MOORE: Okay. I will give it to our Town Attorney. Really
the question ends up with, if there is a question as to that, it ends up
with the Zoning Board, because they are charged by law with interpreting
our Code, and the way it is written ~resently, this is my understanding
from Zoning, I will be real fast abou~t it, and shut it down. If a use isn't
listed they way it is presently listed in our Code, if you can't find .it
there than it is not permitted. That is the way the Zoning Code is
presently read. We will look into that.
DONNA DZUCAS-SMITH: The only other thing I would like to say about
that property, too, there is actually six buildings going on that small
area, one of which is a residence supposedly for the caretaker, and they
were granted a variance on that.
COUNCILMAN MOORE: This is the same piece?
DONN.A. DZUCAS-SMITH: You have three two-story buildings going up,
two s.de buildings, and a residence going up. Okay? You have got to look
at the plans., because they.are also saying all this landscaping, but then in
p.arenth~sis In the front, ~t says, or possibly additional parking. If they
ever widen 48, do you know what that means? It means these buildings are
going to be right there~ because this is where ti8 goes back down to two
lanes.
SUPERVISOR COCHRAN: Let's see would that be County or State? Actually
they are both guaranteed they are not going to be widening any roads in
the town of Southold, so hopefully I can take them at their word. It
doesn't always work.
DONNA DZUGAS-SMITH: Horton's Lane is Town.
BERNARD HEINSCH: I would like to add something to my statement, if I
may? I think the main issue here, that we are all addressing is, how was
this variance ever granted by notifying the people? The way we look at
the law it was illegal. It was strictly illegal without notifying' people, so
we request the Town Board to do what is ever necessary even if it means
rescinding the permits. Let them go through with the whole action again,
if need be, and let them do it the way that the Code calls for them to do
it. Thank you.
SUPERVISOR COCHRAN: Bernie, we will look at this in detail, and we will
get back to you. Thank you.
JUSTICE EVANS: I think they are re-notifying, too, as North Road,
because they took the Middle Road off the survey. Just what the survey
said, that is what they used, and when they realized that people were
confused they, I think, have decided to re-notify it so that there will be
another hearing on it.
BERNARD HEINSCH: The Planning Board. does intend to hold another
meeting on this, but they also advised us that they can't do anything
except, their avenue that they have is on the Architectural Review Board,
and Site Plan, and they only make the recommendations to you people.
COUNCILMAN MOORE: Let me correct one thing. The decisions on that site
relative to that variance, and that site plan before those two Boards does
not rest here. We have agreed that we are going to take a look at the
notifications that were given, but we don't sit and review what they did.
ARB, the Architectural Review Board, made recommendations to the
Planning Board, which they choose to abide by, or not abide by. Just so
you know, it doesn't rest l~ere.
BERNARD i HEINSCH: Can I ask you a question? Do you have the power
to rescind' anything that could have done?
TOWN ATTORNEY. YAKABOSKI: With the variance, that probably went to
the ZBA, the Zonmg Board of Appeals, that is a separate independent body
than the Town Board. A lot of your questions, and whether it was done
incorrectly or correctly, rest with that Board. You can talk to them.
There are also legal steps that can be taken. I don't know when the
variance were issued.
BERNARD HEINSCH: Two years ago, approximately.
2 7 2 ^,,,,,. ,-,,. ,,,,,
TOWN ATTORNEY YAKABOSKI: Time might have run out, but you have to
see what exactly was done correctly or incorrectly. Just to clarify, the
Town Board is here separate. The Building Inspectors deal with the first
instance when people come in for anything with the Zoning Code. Once the
Building Inspector makes a decision whether or not he can allow a building,
for example, if the building needed a variance the Building Inspector would
deny saying, you can't put it here, because it needs a variance. Then that
would be appealed to the ZBA to seek a variance.
BERNARD HEINSCH: I understand that procedure, but you people must
also realize we do not elect those people. We elect you. You are our
representatives, and what you are telling me, I feel that what you are
telling me is you can't do anything, because that'was the Board of Zoning
Appeals. We elected you to represent us. We don't appoint them. They
are appointed individuals by the Town Board. Am I correct?
TOWN ATTORNEY YAKABOSKI: Correct.
BERNARD HEINSCH: If they do not represent us properly, than perhaps
in the next election we should have some other representatives.
SUPERVISOR COCHRAN: Bernie, they are created by the State of New
York, and they are autonomous, but there are some options, and we will
investigate, and we will get back to you with some positions. Okay?
BERNARD HEINSCH: Yes, but what I want to drive across is, yes,
there are certain State regulations~ but they are appointed by you people.
SUPERVISOR COCHRAN: That is the control you have is the appointment
to the Boards. Any one else llke to speak in reference to the big building
going up on Horton's Lane? Mr. Meinke, why donlt we have you first.
HOWARD .MEINKE: My name is Howard Meinke. I am speaking for both
myself, and the North Fork Environmental Council. First a comment, you
mentioned the Architectural Review Committee. Gary Strang did give
some advice and some design technicalities to Jim Gray. He did not design
the building, and did disqualify himself, but the point there is the
Architectural Review Board did object strenuously to the Planning Board,
and suggested things to try to take some of the curse off that building,
and got nowhere with the Planning Board. So, very possibly this is
ammunition of the Architectural Board to give it a little more .power than in
the past. My point here, the other thing I wanted to talk about, in the
newspaper a week or two ago there was an article where Justice Price over
the site plan affair said that he thought the site plan review paragraphs in
100-250 in the Code were unconstitutional, and what that says was quoted
in the paper, and I read the Code, this is not the entire Code statement.
It is part of it. Any change of use, or intensity of use which will affect
the characteristics of the site in the terms of parking, loading, access,
drainage, open space, or utilities will require site plan approval, not
being an attorney,, and not being in the business making of making words
say what they dc~n t mean, and making things mean what they don t say. I
think this clear. I think the Justice also went on, after saying it was
unconstitutional, said it was unworkable. You couldnlt really tell What
caused these events, or didn't cause these events, so it had to be redone.
He also gave an example of, if a businessr and an office hired another
employee they would need more parking space. Well, that is clearly covered
in 100-191, parking in offices was done by square foot, not by emploYees~
so I suggest he doesn't know the Code all that well to be throwing; out
pieces of it. But, be that as it may, that is a very important piece of .Code
for the development of this town, and I wonder what! we are dOing about
it. I haven't seen anything in the most recent issue of the paper about it.
There either should be an appeal of the decision, or. a very' rapid and
correct rewriting of the Code. We need this piece of Code; and silence is
not the answer.
TOWN ATTORNEY YAKABOSKI: That was the Club Wave decision? We are
looking at how we are going to handle it legally, and one of the options is
an appeal. I can not really go any further at the moment, but that is
being looked at. Yes.
SUPERVISOR COCHRAN: Thank you. Mr. Carlin?
FRANK CARLIN: Frank Carlin.
SUPERVISOR COCHRAN: Frank, I just want you to know that I have to be
in Farmingdale at 8:30 in the morning. Be kind.
FRANK CARLIN:
time.
Madame Supervisor, I know you have been here a long
SUPERVISOR COCHRAN: Since nine o'clock.
FRANK CARLIN: I mentioned awhile back, that I was going to look into
this problem we have at the ASP shopping center traffic light. I have been
in communication with Senator LaValle's office, and Assemblywoman
Acampora's office. They sent me back a letter the other day along with a
letter from the Department of Transportation, saying that they are going to
investigate it, and it should be done by the end of June, the problem that
we have wanting a light there at the ASP shopping center.
SUPERVISOR COCHRAN: We have also sent letters quite awhile ago. We
should be hearing soon on that one, several along there, down by Hess.
FRANK CARLIN: Also, Senator LaValle's office called me up by phone.
But, I will give you a copy of the letter from Assemblywoman Acampora,
and the letter from the Department of Transportation.
SUPERVISOR COCHRAN: Anything they can do to push a little harder is
appreciated.
FRANK CARLIN: Let's keep our fingers crossed. Maybe they will be so
kind to help us out in Southold. I am going to make this as short as
possible. I drove by the other day to McDonalds in Mattituck here, and I
noticed the big flag was down. I went by again, and the flag was down,
so, I found out that somebody stole it. They stole the big flag, the
American flag. It cost the man $350., but that is not the point of how much
it cost. It is principal of it, and what the flag stands for. I know
somebody can't use a flag that size in the house. It is a disgrace, I think,
to the flag, and it is disgrace to the town. We had one two years ago
stolen out in East Marion by the monument there, and I understand, I
think, the McDonald's flag was loaned out to the school, and that was
stolen.
SUPERVISOR COCHRAN: Let's keep the two things separate. There has
been no police report. One was that the school was having a sleep-in
overnight on Saturday, and each of the kids paid $25., and this money
went as a fund raising to different groups. I know one was AIDS, and I
don't remember what the other two were. Okay? McDonalds donated all the
food for the kids that were going to stay up all night. They did give them
a McDonalds flag to post. It was put up somewhere on the school
property, and someone snitched it. Yes. But~ that incident is separate from
what you are telling me as far as the flag at the McDonalds site in
Mattituck. Just don't mix and match.
FRANK CARLIN: It was on the same flag pole, and it actually belonged to
McDonalds, and they both were gone.
SUPERVISOR COCHRAN: It has nothing to do with what happened here.
FRANK CARLIN: What I am talking about is the one in Mattituck with that
huge flag they had up there, somebody had to steal it. What I am saying
is, to the person who stole it, bring it back. Please, return it. How you do
it is 'your problem. Do it the same way you took the thing. That's all. I got
a call the other day from a gentleman who was looking for a heart
replacement, and he had to come to the Town Hall for some paper work,
and he had to go downstairs. Well, he couldn't go downstairs on account
of his condition. I won'+- mention his name. He had to give an employee
his papers to take downstairs, I guess, to Mr. Cushman, is it?
SUPERVISOR COCHRAN: Yes, our finance department is in the ce|lat.
FRANK CARLIN: I understand most of your senior citizens were concerned
going down in the cellar for stuff for senior citizens.
SUPERVISOR COCHRAN: If they have financial business with the town, or
on this side it is the Trustees and Community Development. If you need
them they have to come up to you, because there is no handicapped access.
FRANK CARLIN: The stairway reminds of a lighthouse stairway.
Incidentally, you said that there are unsafe conditions down in the cellar.
Do we have a fire exit down there? I hope so.
SUPERVISOR COCHRAN: When I was on the Board many years ago, I did
have a break window put in the front downstairs, that they can pop out
and get out, if they have to. It is still not what it should be.
FRANK CARLIN: Another thing he had to complain about was he drove
around the parking lot in the back here trying to get a parking space, and
there is only two handicapped parking spaces in the whole parking lot in
the Town Hall here. Come on.
SUPERVISOR COCHRAN: There are on this side.
FRANK CARLIN: Where?
SUPERVISOR COCHRAN: The handicapped ramp to the building is on this
side. That is where it was put, Frank, and there is two handicapped places
right here.
FRANK CARLIN: Two. That's all.
SUPERVISOR COCHRAN: Therels got to be more than that, because I
think there is two here, and two around the corner.
FRANK CARLIN: You got them all for everything else, Supervisors,
Assessors, maintenance supervisor I think. You should have six for the
people here who are handicapped.
SUPERVISOR COCHRAN: The gentleman called me. We are going to be
looking at it. I sat out in this back parking lot. Everyone had gone home
about two weeks ago, and I sat, and I said, this parking lot has to be
redesigned; Jake right now is busy with clean-up and beaches, and things
like that. As soon as he has five minutes, we are going to sit down, and
redesign the parking lot. I think if we have one way through the entire
parking lot. You know, come in here, and go out back there, but we have
got to redesign it, and Jake is willing to look at it with me, so we will be.
doing that, and hopefully we can plan differently, because I had another
gentleman come ~n today, and yes, he had to hobble his way in, and go to
the Town Clerk's Office, but there is no handicapped access down that
end'. It is over this end, and the parking is here, so either way he haS to
come in and walk the length of the building, which was not easy for him by
the time he got down to the Town Clerk's Office. We have to look at this,
Frank. I can't say you are wrong.
FRANK CARLIN: That's the reason why we shouldnlt be taking so long to
either extend the Town Hall, or build a new one. It has been over five
years. Get the people out of that cellar. Let's do. You worry about other
things, but important things we don~t seem to want to worry about. Extend
the Town Hall or build a new one. You have been talking about it for five
years.
SUPERVISOR COCHRAN: We are looking at the options right now. Thank
you, Frank.
HAROLD HAUPT: You talked about the beaches just a second ago, is
there any plans of doing any dredging in Southold on the creeks, and the
beach. This summer if something doesn't get done it is going to be an
awful hazard with the boats going into Goose Creek, and that swimming
area in there, because the channel now the way the tide has let the sand
pile up in there, it's coming up from where it should be piled to help the
creek stay, and nothing is being done.
SUPERVISOR COCHRAN: I know the Trustees are looking at this, and I
know Jim McMahon has been working on it, because we have also had a
concern about Town Creek, the mouth of Town Creek· We know we have to
dredge C;oldsmlth~s Inlet, and we are trying to work that-as fast as
possible, because our road, the whole course of the water coming out of the
lake there up there by C;oldsmlth~s Inlet is undermining our road, and we
are afraid 'of losing our road, so have been putting stuff there, and trying
to get permits from DEC, and so forth. Hoagy, I think if you called the
Trustees Office tomorrow they could give you specifics in what dredging
projects are on priority. They don~t do' them all one year, but they could
help you, or you can call my office, and you can get the information.
HAROLD HAUPT: That: one, you are going, to have a beach there this
summer:, it is going to be a hazard with the boats going in .that little
channel. When you go there now, you can see how the beach is built up.
(tape change)
DEAN BLAIKE:i :1 am Chairman of the Conservative party of Southold
Town, and I am here to discuss what .you have done in November of 1996,
about the that was done in order to allow llfel and health care
facilities Town of Southold. I have been going on with this with a
few members of~ the :Board for a few months. A year and a. half ago before
this use done somebody sent .letters to the whole Town Board 'at
that til please~ Iook, into it. Please, don~t make this
cha done, and with the research, the .re=search .should
have' done Iby the previous Town Board, also done bY the previous
Town what should be done by thl . TmNn Board, the
care and health Care community wdl Come elf ,the tax
if it is a bun. if it
is they are going to live in stood up
who lar facility, and have stood of you,
and .:told are not going tO take it off :the tax the
rules Of New York Healtl~ ;Code under IRS. Eules and
RuI~ ti28, if anybody does will
bff. If they do not take it set it
up, t~at set it, it could be, will Jbject to
mai ht this to the attentions., the is that
is going to come off the ro of
sever~ pieces are in With
talki of C;ree~port he is
~n tax reven~e for the this
ht this to !his attention as I:ih ht it
to the Town Board, their attenti, come
off hais~' to be. It is under '.a ~ Claiss IRS
· S
r, The Town has !no r~ght te ,argue itJ~ o~ anything
else a~rgued over 700 ~imes throughout the country. The
0fi use, that
was ~ thls. It
is done It
has ibee~ over to
a 50~C, not ~ .how it
is allready The other part
of have stood here ~and told
to tax. rolls, and it ce!ni~t be. I I
don~ ~y thls~ change wasii~qne in the ckl¥
as
it nt of the Plann[iihg~ Board in August and this
was ~ber of ~96. MeahWhile in 9~ the contract
~the purchasers and the It~ was ~done with no
[. all about this use :change part
that and this is probably [nts. In
their y ~n the line, that l~his contract is
assigr corporation. You don~t see that in too many
~ts~ I members, of this Pennsylvania coFporatiOn that
origi[ n, sold the bdl. of goods to the local!peoPle that are
~t of the conditions ifor this to come off the tax rolls
are do width dealing ~i~h the el~r!y, they I~ rye to be
'chat their ~own newslettf~r~s the conhection ~hlch! it is done
in care ¢ommuni. ties,tithe connection i.s the.hr)sp tal, There
are , three Presidents ~f the local ,hospitals ~ 'e on the
Board. In thelir own newsletter they go through their AUgust newsletter
they showed, tl~at..they went through each person, every person was
associated with the hospital. That takes care of the charitable end of it.
That is how it is done with connection with other ones. A lot of the
information I have gotten are..that is other thing which I had a discussion
with the tax assessor this morning, and he told me, well, it can[t come off
the tax rolls, because it is going to be..they are buying something. If you
look at the article in the New York Times, which I have a copy of, they
will come out, and I quote it, these people are not buying the property,
they are buying the right to live and share in a not-for-profit corporation,
and when they buy they will see an increase in the value of the shares, to
quote them from the New York Times. This is purchasers, who own shares
in a co-op corporation, which would be sold after the owner died or moved.
When shares are sold any appreciation in-the value would go to the heirs,
or owners, minus the prepaid_ insurance. What that is basically saying is
you come in, you are buying a share of the corporation. If you .buy that
share, and you are paying a thousand dollars for it, and if this whole
community goes up, and 'it is ;now worth $2,000., that is what you get. You
are not getting it from the profit. You are getting it from the corporation,
that is doing better. A lot of the researches are done, and I found a
expert attorney, which I think most of you have. a copy of it, and .her
qualifications show Parsons Rule, and we have gone through a couple of
letters, and. I: have gotten a new letter as of yesterday. She saying how
they are set up.: She does :not .know what is.hap out here, in Long
Island out .here. She has told us in those letters, how you set them
you do. '.1 don"t think, this ks general at all. I thi .. specific.
In this you will see that she says, without ( it will
come off the tax; rolls, whether it is a a
condominium, whether it~is any part of whatsoever it~, will;:' ~,tax
rolls. Remember ba 1997 John Ma~ and 'lied to you., He
might not' have. lit you knowing it, but as
are not. telling you' the truth. There is no reason~
ever should ,t. this is only one out of i se~en.
wrong, this itself up to litigation
going see that they are going to start Selling
they .have is $1,000 refundable depositsl. Once
they; start selling, contracts~ you are ]
should~ be idone, and it has 'to be done
about:buildings up on th? 'North 'Road, and
that has taken to go. throughL As Chairman
to be effected. My :only question is, why wouldn't you
been talking a'bout this{ for months;
dis1
they
change
am ihalf
!and
to effect
I don't
one.
It wasn!t a
iness in a
.You are
ht now all
and
~roblems. It
talking
long
~ive Party
of them
lawsi are
and the
is going
le~ .it?! We have
SUPERVISOR COCHRAN: Dean, may I say something? You came into my
office last Tuesday the first time, is that correct? This is first time you
came into see me, or shared the information with me? At the time the Town
Board made this decision of support, we had given, it to.' our Assessors to
look at in full detail, and investigate it; The Town Attorney did the same
thing, and we felt comfortable i!n the fact that it would be. kept .on the tax
roll. Now, when you came into see me last week, I said, we willgo through
the process again. We will investigate. We ar.~ in the middle of getting a
letter out to the Attorney General to have a ruling fromr him. if we are
taking this off the tax rolls, that is not our intent. We Wave been assured
that it will stay on the tax rolls, all except the nursing, part. I have no
problem with looking at the whole situation again as qu'lckly as possible,
and getting back to you with any information that we gleam out. I would
also ask of you that the information from the attorney, that you have the
letters, and so forth, make sure I have a complete file'on everything. I
don't know what Grog has. I don~t know what you gave us the other day.
Does Greg have everything?
DEAN BLAIKE: I gave him another one this morning.
TOWN ATTORNEY YAKABOSKI: I believe I do, whatever he gave me.
SUPERVISOR COCHRAN: So, we are going to get a ruling from the
Attorney General as to whether or not this will be kept on the tax rolls.
DEAN BLAIKE: If you look through Article 46 New York Health Coder it
tells you how these are permitted. They came in in 199u,, I believe. They
tell you right through it, how it can be done, and under what qualifications
are for the individuals, for the corporations, and everything else. I don't
understand how I can find out this information, and the Town Board has
not found out this .information, especially the previous Town Board.
SUPERVISOR COCHRAN: We had the Assessors look at it, and the Town
Attorney look it. That is our information.
DEAN BLAIKE: I have given information to the Town Board members since
January.
SUPERVISOR COGHRAN: Not me.
DEAN BLAIKE: I have made copies of everything, so everybody gets them.
SUPERVISOR COCHRAN: Dean, I am telling you my position at this point.
DEAN BLAIKE; Assemblywoman Pat Acampora has been looking into it for
a month ho,w. Things do not move fast, Jean, you know that.
SUPERVISOR COCHRAN: We will move them as quickly as we can. We will
give it our best shot. I told you that in my office we would fully
investigate it, and give it every best shot, Dean, and I still mean that.
Greg wiU be working on it as a priority. Anyone else like to address the
Board ~h relation to Dean, and what he has presented? Dean, please,
keep in contact. Anyone else llke to address the Town Board? (No
response. )
Moved b_y i Councilwoman Hussie, seconded by Councilman Moor.e, i.t .was
RESOLVED that this Town Board meeting be and .hereby'is adjourned at
10:02 P.~.
Vote of the Town Board: Ayes: Councilman Murphy~ Councilman Moore,
Justice E~an.s, Councilwoman Hussie, Supervisor Cochran.
This resolution was duly ADOPTED.
Southold Town Clerk