HomeMy WebLinkAboutTB-05/26/1998300
SOUTHOLD TOWN BOARD
MAY 26, 1998
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice D. Hussie,
Councilman William D. Moore, Justice Louisa P. Evans, Councilman John M.
Romanelli,. Councilman Brian G. Murphy, Town Clerk Elizabeth A. Neville,
Town Attorney Gregory F. Yakaboski
9:15 A.M. Appointment - Craig Geier appeared before the Board representing
the Geier family on their unsafe building matter. His sister Joyce Harroun,
who was the previous representative, has moved out of town. Craig will get in
touch with the Suffolk County Department of Real Estate to find out what can
be done. They did have a buyer but due to the moratorium on public water
lost him. There is $75,000.00 owed in taxes and penalties. Only two units
per acre are allowed without public water. The person that was interested in
buying it did not feel 'that this yield was enough. Town Attorney Gregory
Yakaboski advised that the prior owner, or mortgage company, after a six
month period, are given two and one half years to redeem the property.
There' are four months left on this time period. Mr. Geier stated that they
would accept $180,000.00 for the entire property. Supervisor Cochran said that
the Town has the opportunity to buy it before it goes to auction. Decision
was held at this time, the matter will be discussed in executive session with
regard to liability.
9:25 A.M. Appointment - Lisa Tuthill representing C.A.$.T. appeared before
the Board to request funds for a summer program. They have received funds
from the Town grant program for the past several years. It is an 8 week
program, 5 days a week from 1:00 P.M.to 5:00 P.M. for 50-80 children, ages
5-14. C.A.S.T. is asking for $4,000.00 to continue this program.
Supervisor Cochran and Councilwoman Hussie recused themselves as they are
members of the C.A.S.T. Board of Directors. Therefore, it will take the
favorable vote of the remaining four board members to carry this. It will be
discussed later on together with the Greenport School grant application.
9:34 A.M.~ The Board reviewed IV For Discussion Items. IV 1. Floodplbin
Management Measures. Supervisor Cochran checked with Edward Forrester,
Building Department Head. This was adopted as Local Law No. 7 at the last
meeting. In addition to being filed with the Department of State, it must also
be filed with the DEC and FEMA. IV. 2. - Discussed in 9:25 A.M.
appointment with Lisa Tuthill, C.A.S.T. IV. 3.~ Greenport School Grant
application. The Board agreed to the $2,500.00 grant, but they would like an
evaluation at the end of the summer. (See Resolution No. 32).
9':42 A.M. Appointment. William Peters appeared before the Board to request
support for a grant application by the Cutchogue-New Suffolk Historical
Soclety-Oid House Society. The casement windows are leaking and need to be
replaced, the house needs to be re-clad, and they would like to put tn
electricity. They are applying for a grant and they need a letter of support
from the town. Mr. Peters presented a sample letter. The total grant
application is for $200,000.00 Mr. Peters will make us a copy of the grant
application. (See Resolution No. 33).
9:q6 A.M. For Discussion Items (continued,1 IV. 4.- Shadowing Program, Local
Schools. Supervisor Cochran placed this i~em before the board to see if they
would llke to do it. It is a sort of mei~tor program whereby students would
come in to spend a day in the office of each Town Official to learn about town
government. The program would take place sometime in October. The Board
agreed to support it. IV. 5. - STAR Foundatim~ is ~n organization that is
301
trying to keep the Millstone nuclear energy plant from re-opening. Justice
Louisa Evans said that she would like to know more about who these people
are. Supervisor Cochran advised that John Raynor is attending the public
hearing on this matter today, so we will wait and see what 'he has.to report.
IV. 6. - Chief of Police request for credit card. The Town Board said that
they would not like to see anyone have credit cards in the Town of Southold.
10:00 A.M. - Appointment with Edward Forrester, Head of the Southold Town
BUilding Department. Mr. Forrester advised the Board that the state auditor
has requested that they change the policy of accepting a blank check which is
placed in the file until such time as a complete review is made of the
application and the fee' is cal-&ulated. There is a considerable lapse of time
and checks have been returned by the bank unpaid. Mr. Forrester is
suggesting that a flat fii. ing fee be set for an 'application which can be
deposited immediately and .then the applicant could be notified after their
review of the additional money idue. This flat fee should be non-refundable.
The set-up and wording will be worked out and then it will be done.
IV:. 7 - ICIB participation. This item will be discussed at 12:00 noon.
The Town Board ;took a short break from 10:15 A.M. to 10:30 A;M.
P~og. ram
sessions on
attendants,
landed on
They ~have
be:
COt~
Kenneth Reeves, Recreation Supe~?s~r .updated the
t Program. He.will.be Cii~tribU~ing ~he Summer
Swfmming Lessons will be heal at/~ beaches, 2
h beach. Interviews will be cond~ soon for beach
water safety instructors pfp~l plover has
There is a $1,000.00 fine isturbing them.
up a cage 150 on each side. This is a federal law which must
the Bathing Beach it to the
said that he is now workir Recreation
c. Director, Southold on getting
on Pro-Star Sport Day Camps.
IV. 8. position was discussed by the Board. The fire
departments their Chiefs Council feels that there iis.a.rneed for a fire
marshal. John Cushman gave the Board a copy of the duty statre, ment' for fire
marshal. The board Said that we should have an0the~ building inspector
because a .Budding Inspector can do both jobs, but a fire marshal cannot do
building inspector work. It was the opinion of the BOard that Bob Fisher
should, be left on and another Building Inspector should be hired at
approximate!Y' $3zt~000.00. The Board agree~ that they sh~ul~d move ahead with
hiring another inspector after they get more in~orma[ion' on costs and
activity. AlSo, Supervisor Cochran will contact Tom Fisiher to see if he is
interested in part-time building inspector.
11:08 A.M. Appointment - James Bunchuck, Solid Waste Coordinator, S.O.A.R
& H & M Leasing. Supervisor 'Cochran explained that they have been looking
for a way to expand the S.O.A.R. Program. They would like to put a
magnetic can machine at both the Landfill and the Nutrition Center. It will be
~ione as a pilot program this year and the funds will go to the S.O.A.R.
program. It is expected to redeem approximately $30,000.00 from the cans.
The machines will pack up everything but tin. It was stated that all of the
clothing that goes into the St. Vincents clothing box goes for rags. (Resolution
No. 3u, was added to authorize the Supervisor to execute an agreement with H
& M Leasing Company). Jim Bunchuck reported that compost heavy with grass
was dumped in 3 locations in Southold Town. The NYS DEC and the Health
Department are investigating. Ag Bag Update: Jim reported that they have
found some of the equipment they have been looking for at $5,500.00 instead
of $8,000.00. (See Resolution No. 19 authorizing landfill foreman to travel to
Pennsylvania to inspect equipment before purchasing). Supervisor Cochran
advised that she has had an inquiry from the public asking about a Par 3 on
top of the landfill cover. Tom Maher will be contacted to find out what the
difference in the price will be for capping to allow for this.
On motion by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board enter into Executive Session at 11:35 A.M. for
the purpose of discussing land acquisition. Vote of the Board: Ayes:Councilman
Murphy, Councilman Romanelll, Councilman Moore, Justice Evans, Councilwoman
Hussie, Supervisor Cochran. Also present: Town Clerk Elizabeth Neville and
Town Attorney Gregory Yakaboski.
Executive Session ended at 12:28 P.M.
IV. 7. Fred Bender of the Suffolk County Department of Economic
Development Re:: IClB participation. Mr. Bender stated that this has been
going on for 2 years and they need the Town to make a decision as to whether
or not they want to be included in the program. The program runs for 10
years starting at 50% abatement on business or industrial property anywhere in
the Town. It has recently been amended from $10,000.00 to $50,000.00 under
section 305. The town can identify the type of business they want. It can be
restricted by doing it geographically and identifying the properties. The Town
of Islip picked Bay shore and West Islip.- The Town of Babylon said no to
it. If you have an identified need, you should go for it, but don~t create
one. All of the Board members, with the exception of CounCilwoman Hussie,
expressed a willingness to participate inthe program. It will be put back on
as a discussion item. IV.9, FutUre Plans for corner lot
Jean Cochran would like to begin to ~ list. for 'the Ryd. er
Eanding sale. IV. 10 Payment.-for . must: decfde
'Whether or net. to ask.o~rl hea~lth plan:to pay ft. :lt~ involves a series of 3
shots. Jean Wdl get w~th our insurance company .a. nd ~ ? 11
Shade Pavillion at SoUthold Town BeaCh. :. Thins wdl all I~e 4: volunteer
work by the National Guard. The cost will be $3,390.00. All that is needed is
permission to go ahead. (see ResOlution No. 35 budget modification).~lV. 18 -
Possible change Tn suit ~n a savings of
~.15 per prescrlp.tlon.~ A~.cal. 1.00. The. Board
agreed to~ this; See ResolUtion' !No. 3'7 ~. on of
public utilities for gas ,and ~1 were'., held.
The Board reviewed the resolutions to !:be voted upon' at the regular meeting to
be held at 7:30 P.~M. this evening.
On motion by Councilman Murphy, seconded by... Justice Evans, it was
RESOLVED that the Town '.Board enter into Executive'Session at r 1:50 P;M.' for
the purpose of discussing land acquisition, personnel, and attorney/client
Privileged information.. Vote of the !Board: Ayes:'~ Councilman Murphy,
Councilman Romanelli, Councilman Moore~ Justice Evans, CounCilwoman Hussie,
Supervisor Cochran. AlSo presentl TOwn Clerk Elizabeth.i:Neville and Town
Attorney Gregory ~Yakaboski.
Executive Session and work session ended at 2:30 P.M.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on May 26,
1998, at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice~Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakabosk|
SUPERVISOR COCHRAN: May I have a motion for the approval of the audit
of the bills for May 26, 19987
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount pf .$.111,222.36; General Fund
Part Town bills in the amount of $27,6~2.13~ Highway Fund Whole Town
bills in the amount of $6,857.tt9; Highway F~Jnd Part Town bills in the
amount of $19,561.67; Capital Projects Account bills in the amount of
$11,725.00; Ag Land Development Rights bills in the amount of $5,550.00;
Scenic Byways Corridor Capital bills in the an
Health Benefit Plan bills in the amount of $22
District bills in the amount of $22,997.90; Re
in the amount of $5[t, ttgL~.~5; Southold Wast
amount of $1,5[~1.22; Fishers Island Sewer Di
$1[t5.~5; Southold Agency & Trust bills in the
Island Ferry District Agency & Trust bills in t~
Vote of the Town Board: Ayes: Coun~
Romanelli, Councilman Moore, Justice Ew
Supervisor Cochran.
This resolution was duly ADOPTED.
ount of $22,000.00; Employee
.618.01; Fishers Island Ferry
fuse & Garbage District bills
ewater District bills in the
strict bills in the amount of
amount of $8,[1~t7.29; Fishers
e amount of $159.57.
:ilman Murphy, Councilman
~ns, Councilwoman Hussie,
SUPERVISOR COCHRAN: Approval of minutes, May 12, 1998, Town Board
meeting.
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the May 12, 1998, Town Board meeting be
and hereby are approved.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Setting the next Town Board meeting for June 9,
1998 at L~:30 P.M.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 1~:30 P.M., Tuesday, June 9, 1998, at the Southold Town Hall, Southold,
New York.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We have a special presentation for the Greenport
Fire Department Star Hose Company. They just celebrated 100 years of
service to the community, and Greg Riech is here to accept on behalf of
Star Hose.
Moved by Supervisor Cochran, seconded by The Entire Town Board,
WHEREAS, 1998 marked the 100th Anniversary of Greenp0rt Fire
Department's Star Hose Company No. 3, and
WHEREAS, a great sense of pride is felt in the service of all volunteer
firemen, and. we recognize STAR HOSE COMPANY for the outstanding
spirit and dedication to the safety of their village for the past 100
YEARS; and
WHEREAS, membership in the volunteer firematic service of a community
is of the highest order, wherein the members not only give of their time
and labors, but also place their lives and Welfare in danger for the benefit
of their citizens; now, therefore,~be it
RESOLVED that the Town Board of the Town of Southold, on behalf of
the residents of Southold Town, hereby commends and applauds STAR
HOSE COMPANY NO. 3 on the occasion of the celebration of its 100th-
YEAR, and extends sincere congratulations and cOntinued success in the
future.
Dated: May 15, 1998.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Congratulations.
GREG REICH: On behalf of the Star Hose we thank the Town of Southold
for this proclamation. We will display it very proudly in our firehouse. As
a token of our appreciation I would like to give you some journals. It makes
interesting reading, a little history. Thank you, again.
I. REPORTS.
SUPERVISOR COCHRAN: For those of you who have an agenda, they were
out on the front table, and each month different departments or committees
present the Town Board with monthly reports. Today's meeting the reports
are from the JustiCe Department.
1. Southold Town Justice Evans~ Monthly Court Report for April, 1998.
2. Southold Town Justice Price~s Monthly Court Report for April, 1998.
3. Southold Town Justice Bruer~s Monthly Court Report for April, 1998.
II. PUBLIC NOTICES. None.
SUPERVISOR COCHRAN: There are no public notices.
III. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we had a letter from Rosemary
McCamish, North Fork Parrish Outreach, thanking the Town Board for
the grant. To Supervisor Cochran and Town Board from Arline Richter,
Kenny's Beach Civic Association, in opposition to the storage facility on
the North Road. A letter to Supervisor Cochran from Anne Lowry, North
Fork Environmental Council, in regard to thanks for grant. A letter to
Rev. Marvin Dozier, Anti-Bias Task Force from the Mattituck Presbyterian
Church, with thank you regarding anti-bias incident. Letter to Supervisor
Cochran from Kevin McDonald from Group for the South Fork thanking
myself, and Councilman Murphy, and Dick Ryan, our Land Preservation
Committee, for appearing before the County Legislatures A letter to
Supervisor Cochran from Sue Krieling, First Night, thanking us for
the grant, and one from Judith Sherman, Stop DWI Program, with thanks
for presenting an award.
1. Rosemary McCamish of the North
appreciation for' the grant money received.
2. Arline Richter; Kenney's Beach
opposition to the storage facility.
3. An ne Lowry of the North FOrk
appreciation for the grant money received.
Mattituck Presbyterian Church~s letter to Rev. Marvin Dozier,
Anti-Bias Task Force in regard to a thank you regarding anti-bias incident.
Fork Parish Outreach with
Civic Association expressing
Environmental Council with
MAY 26, 1998 305
5. Kevin McDonald, Group for the South Fork thanking Supervisor
Cochran for appearing before the Suffolk Legislature.
6. Sue Krieling, First Night '99 thanking the Town for the grant
money received,
7. Judith Sherman, Stop D.W.I. Program BOCES, with thanks for
presenting award.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
.S. UPERVI!SQR COCHRAN: The ~own Board has a policy, that if you would
hke to address the Town Board on any of the printed resolutions that will
be passed on tonight, then I would take your input at this time. If you
wou~ld !.il~e to address the Board on any given Town Board business then
there iS a time slot at the conclusion of business at the end of the
meeting. So, if there is anyone that would like to address the Board in
relatiOn to the resolutions on the agenda this evening now is the time to
come forward.
JOE GOLD: Joe Cold, Cutchogue. I would like to ask the Board on
resolutions ti0 and /~1, approve formation of electric services, and approve
formation of gas services? Are these resolutions that in fact put in place
two districts for gas and electric?
SUPERVISOR COCHRAN: Our Town Attorney is still working on some
things, and we feel that tbis iS important, so that we have to dot all our
i's, and cross all our t's, because certainly be it LILCO, be it LIPA,
they certainly have many more resources than the town does in relation to
lawsuits, and so forth. So, we are right now looking at..tonight we will be
taking lead agency on the SEQRA.
JOE COLD: These will not be approved tonight?
SUPERVISOR COCHRAN: These will be held. We are hopeful that we can
have some things that came up at the last minute this afternoon in place by
Monday so that the Board can call a Special Meeting, and then take the
action at that time. Right now .there are still some things. Creg, would
you like to add to that, or any other Board member, please, feel free.
LOU BAKER: Lou Baker, Southold. Are we still talking about the utility?
The other folks are not here tonight, and I don't how much of these
questions you folks are familiar with. Shall I ask the questiOns, or not
bother or what? First, getting hooked with the Village of Creenport, you
talked about, how did it go? Why hook up with the electric? That don't
make sense.
COUNCILWOMAN HUSSIE: It can be run by the Town, or the Town can
hire someone else to run it.
LOU BAKER: LILCO qualified residents would be hired. Are there a lot of
them in Southold Town?
COUNCILWOMAN HUSSIE: I do know that there some people that presently
are working for LILCO that live here in town.
SUPERVISOR COCHRAN: I know some that are retired.
LOU BAKER: So do I. Low rates bring in business, some people from
Southold Town don't want this.
COUNCILWOMAN HUSSIE: That is not the number one issue, to bring in
business, but certainly it would be helpful to those businesses presently
existing.
LOU BAKER: Fishers Island, what is supposed to be done about that?
JUSTICE EVANS: This will just leave the options open. If the Town Board
finds the electric company is a better way to go. Basically it would be
whether it would make sense to have it over there. Our rates are higher
than your rates. They have their generators.
306 MAY 26, 1998
LOU BAKER: So, they don't have a cable from Orient to Fishers Island?
COUNCILWOMAN HUSSIE: We put in every possibility.
COUNCILMAN ROMANELLI: Before any of this could happen. It can not
happen without a public referendum, so you will have to vote on it, before
we go forward, and actually get moving on it. We talked about this today
in the work session. We have to get to a point where we, when it comes .up
for referendum, we would try to have many educational process meetings on
how we are going to do it. We will look at the numbers, actually get the
true numbers. Would it be cheaper to buy the pole, or put new poles? So,
before the public votes on it we have to have a good series of educational
meetings.
LOU BAKER: It says in there about buying one substation. Does anyone
know which one they are thinking about buying?
COUNCILWOMAN HUSSIE: I think it is the one by Greenport?
LOU BAKER: I don't know. I am asking you. Are talking about the one
between Creenport and Soutl~old?
COUNCILWOMAN HUSSIE: On the border of Greenport and Southold?
LOU BAKER: Down in back of what used to be Drossos., going to buy
that one. You are talking about changing from the present 13,000 volt
system, and going back to u,,000 volt system. Does anybody know anything
about that? As I said before, some of the problems aren't here. What
about Plum Island? They get it out of Orient now.
COUNCILWOMAN HUSSIE: They would be part of it.
'LOU BAKER: They are going to buy from Southold Town. In Southold,
that is where the gas turbine is that is run by LILCO now. When they run
the gas turbine down there, it uses 600 gallons of fuel per hour. That is
not really a cheap way of generating electricity.
COUNCILWOMAN HUSSIE: Isn't that a backup generator?
LOU BAKER: Yes, but it don't matter if it is backup, or whatever.
COUNCILWOMAN HUSSIE: The thing is, we hope .we won't have to backup
anything, the electricity will come through, and~ everything is going to be
exactly right. You know, Creenport doesn't have any problems.
LOU BAKER: That's true, but they also have a nice little one square mile
area, and they can't go too far wrong. The Board of Commissioners or
whatever, how does that get started? How do you do that?
COUNCILWOMAN HUSSIE: That would be' a situation that has to decided
between the time we establish and we actually..you vote on it in the
referendum. It could be a Board of Commissioners appointed by this Board,
or it could be a board elected. It could be a variety of things. It just
has to be someone who is minding the store, and dedicated to minding the
store.
COUNCILMAN ROMANELLI: We are just trying to keep our options open on
everything we are doing. We don't have all the answers. There is a lot of
researching to be done, a lot of engineers to be talked to. Did you work
for LILCO? People like you we have to talk to.
COUNCILWOMAN HUSSIE:
questions, some of them.
You probably know the answers to those
LOU BAKER: I know what I would do, but I don't know what everybody
else wants. Talking about line foremen, the crews, you have four line
foreman, and _four first class lineman, and two to four second class lineman.
The four senior, what do you call them, four foreman, would they be
working foreman? Do they go 'out and work, or do they just sit around?
SUPERVISOR COCHRAN: Bake, I think what we have to do is, so that you
get a complete overview, is the Town Board after our meeting' will be
discussing when we can have this special meeting, and pass a resolution.
But, before any referendum is held, that we have informational meetings,
so that every question is answered, everything anyone' wants to know is
put right out'..front. Okay?
TOWN ATTORNEY YAKABOSKI: Every time we think we have it we find
something.that we still question ourselves.
COUNCILWOMAN HUSSIE: We try to make it litigation proof.
COUNCILMAN ROMANELLI: We don't want to get sued, or stuck in
something that we are sorry we got into two years down the road. We 'are
going to research it. That is why the attorney keeps on stopping us.
LOU BAKER: One more thing, yesterday was Memorial Day. I went by here
three or four times that morning. The American flag was in full staff, as
opposed to being half staff where it should have been. Now, if the Town
Board can't do that, I~ow are you going to run an electric utility?
SUPERVISOR COCHRAN: Mr. Baker, is that a really fair statement? I will
have a memorandum for the custodians. We try to be so very careful.
While we are talking flags I would remind everyone in the viewing audience,
and those here this evening, that Flag Day is coming up June l~th, and
hopefully you will display your flag for Flag Day. I rode the length of
Southold Town last year I believe it was, and counting from the boundary.
in Laurel to Boisseau Avenue where I turn off there were 30 some odd
flags along the Main Road, and half of them where are gas stations, so we
try to encourage everyone to fly their flags June l~th. Are there any
other questions on resolutions? (No response.) If not we will proceed with
resolution number one.
1. -Moved
RESOI
and rect!
seconded by Councilman Murphy, it was
Board of the Town of Southold hereby authorize
W. Cochran to execute an agreement with the
following the summer 1998 recreation programs, all
accordance with approval of the Town Attorney:
Eugenia Cherouski: (folk,dancing) ................................................. $20/hour
Shirley Darling (tennis) ............................................... : .................... $20/class
Lauren Egan (Adult CPR) ............................................................ $50/person
(Pediatric CPR) .................................................... ~ .... $35/person
(ReCer~ifi~tion) ..................... : ................................. $25/person
East End InsuranceSe~ices (Defensive Driving) .......................... $35/person
Tom Fox (Cartoon Draw. lng): ......................................................... $24/class
Rose Gatto icooking~ &;!Enghsh) ................................................... $20/hour
Carol Giordano ~(Baton).i;., ............................................................
$20/class
Dalia Gorman ('~oga)i~. ..
Hidden Lake Farms (HOrSeback Riding) .........................................
Mattituck Lanes; (BO~,,lin~ .......................
Katharine M,
Martha Prin(~
Riverside Gl
Southold To,
Yola Van Hu
Chris Vedde
Dorothy Wol
in
'$30/hour
$37.50/person
$165/person
$32/person
$140/person/week
$30/person/day
sat, ~cr?tive writing) ................................. $18/hour
~. (~ ,~ .',; · ..............
,mb!cs) ........................................................ - ...... $20/hour
~ti .~.~...?.:. ........................... . . $75/person
~D~Da~ e'reservat[on CommIttee (old houses) $41/person
?!~.4 ,. ........................................... : $$7.SO/pemon
lrgo) .................................................................... $251hour
1 ;- Vote o,f. the T~w~ Board: Ayes: Councilman
'Romanelh, ~Coun~rlm~n Moore, Justice Evans,
Supervisor .~. 'chran.
This resolutibn was duly ADOPTED.
Murphy, Councilman
Councilwoman Hussie,
2.-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 budget as follows:
To:
Revenues:
A.2705.40
AppropriatiOns:
A.1010.4.600.775
Gifts & Donations
Other gifts & Donations
Town Board, C.E.
Anti-Bias Task Force
2.-Vote of 'the Town Board: Ayes:
Romanelli, Councilman Moore,' Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
$ 400.00
$ u.00.00
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
3.-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
A.1620.2.200.100
Buildings & Grounds
Capital Outlay
Land Acquisition
From:
A.9015.8~000.000
NYS Police & Fire Retirement
Employee Benefits
C~uncilman
Evans,
172,500.00
$ 172,500.00
Murphy, Councilman
Councilwoman Hussie,
3. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
4.-Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Recreation Supervisor Kenneth Reeves to take a 10 hour
National Playground Safety Institute Certified Playground Safety Inspector
Training Program, to be held at Huntington, New York,- on December 9, &
10, 1998, and the cost of the course, exam, and textbooks $373.00 shall be
a legal charge to AT020.o-600.200 Meetings and Seminars.
4.-Vote of the Town Board: Ayes: Councilman Murphy,. Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Su pervisor Coch~an.
This resolution was duly ADOPTED..
5.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Ceneral Fund Whole Town 1998 Budget as follows:
To:
A7020.4.400.200 Meetings & Seminars $200.00
From:
A7020.4.100. 150 Youth Program Supplies $200.00
5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
6.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
establishes the following 1998 pay schedule for Lifeguards and Beach
Attendants:
LIFEGUARD SALARY
PER HOUR
BEACHATTENDANT
SALARY PER HOUR
STEP NUMBER
I $7.50 $6.00
2 $7.75 $6.15
3 $8.00 $6.30
4 $8.25 $6.45
5 $8.50 $6.60
MAY 26, 1998
309
$8.75 $6.75
$9.00 $6.90
8 $9,25
$7.05
6.- Vote of the Town Board: Ayes: Councilman
Roman elh,' Councilman Moore, Justice Evans,
Supervisor Cochran. '
This resolution was duly ADOPTED.
Murp. hy, Councilman
CouncilWoman Hussie,
7.-Moved by: Councilman Romanelli, seconded by Justice.Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Southol~l Town Beach Attendants to be supplied with a petty
cash fund in the amount of $3tt.50. per Beach Attendant, to enable them to
make change due to the tax that is charged for each permit; check in the
amount of $280.00 to be made payable to Recreation Supervisor Kenneth
Reeves; charge to be made to A210, Petty Cash.
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.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it Was
RESoLVeD that the Town Board of the Town of Southold hereby
authorizes, the issuance of free beach parking permits to the following beach
personnel:: Water Safety Instructors, Beach Attendant; Lifeguards, Beach
Managers~ and ReCreation Supervisor Kenneth Reeves.
8.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli~ Councilman Moore, Justice Evans, Councilwoman- Hussie,
Super¥is~t~ Cochran.
This resolution was duly ADOPTED.
9.-Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the 'Town Board of the Town of Southold hereby
authorizes a reimbursement of $.'30 per mile to Southold Town Beach
Managers and Lifeguards acting as rotating Lifeguards (Lifeguards who
drive from beaCh tb beach giving other Lifeguards a 15-25 minutes break).
9.-Vote of the TOwn Board: Ayes: Councilman Murphy, Councilman
Romanelli, councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This reSolution was duly ADOPTED.
10;-Moved by. Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED: that the Town Board of the Town of Southo!d hereby
authorizes the closure of Cases Lane, Cutchogue, from 7:00 A,M. to 5:00
~;M.:..,_~Satu.r. day,_J.u.l~_/~,...1.998., in the i.n. terest of public safety, during the
u~.c~ogu_e-.l~.ew :~trtt.O. IK rlistorlcal Councd's Annual Antique Show and Sale
on the t;u:cnogue Vdlage Creen, provided they file with the Town Clerk a
One Million Dollar Certificate of Liability Insurance naming the Town of
Southold as additional Insured.
10.-Vote of the' Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, CoUnCilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor CoChran;
This resolUtion was ~duly ADOPTED.
1.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
with. regret the resignation of Mark Gaqen, member. 'of the Southold Town
Ant~-Bia~ Task Force Committee, .effecti~'e July 1, 1998.
11.-Vote 'of :the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, CoUnCilman Moore, Justice Evans, Councilwoman Hussle,
Supervisor Cochran.
This resolution;was duly ADOPTED.
12.-Moved by Councilman Romanelli, 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 resumes for member
of the Southold Town Anti-Bias Task Force, to fill the unexpired term of
office created by the resignation of' Mark Gagen, effective July 1, 1998
through October 30, 1999.
12.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Rescinded June 1, 1998 REsol. # 3
13.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Megan Gal agher, Kirsten Unfried, Katherine Holbrook, ~and
Lasser o~Call~ghar~ as: Technicians under the Fishers Island Sa BTI
Mosqulto Cont~bl!' Program, effective May 16, 1998 thrOugh October:10, 1998,
at salary .of $6.50 Pel- hour; total expenditure not to exceed $8,500.'00 :for
1998.
13. - Vote of the Town Board: Ayes: Councilman Murphy~ Councilman
Romanelli, CoUncilman Moore, Justice Evans, Councilwoman Hussie,
SUl
ThE , ADOPTED.
14.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute a lease
of Southo!d and Randall J. Feinberg for w!nter
for the periods of ..:D, ecember 1, 1997 through April
1 1~ 1998 through Aprll 1.-1999, at a. rental ;of
per month, exceed $2,000.00 per year, said agreeme~nt all in
accol ~pproval of the Town Attorney.
14.- Vote Board: Ayes: Cbuncilman Murph¥~ Councilman
Romahelli~ Ilman Moore, Justice Evans, Councilwoman HusSie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Number 15 and 16, in reference to maintaining and servicing landfill scale,
are put on hold.
17.-Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and direc?.s the Town Clerk to advertise for bids for the repair
of the incoming landfill scale.
17.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
18.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that t. he .Town Board of the Town of Southold hereby modifies
the Solid Wa~te District 1998 budget as follows:
Amount From To
$2.500 ~60. Lt. Lt00.670 SR8160. Lt. Lt00. 660
(Mack Quarry Truck Repairs) (Forklift Repairs)
$ 750 SR8160.Lt. Lt00.670 SR8160.Lt. Lt00.700
(M~ck Quarry Truck Repairs) (Equipment Rental)
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.- Moved by CouncilWoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorize
and directs reimbursement payment of mileage expenses for landfill
foreman s travel to Pennsylvama for inspection of equipment prior to
purchase, for the Solid Waste District.
19. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
20.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the use of a town vehicle for a second trip to Pennsylvania for
the purpose of inspecting equipment prior to purchase, for the Solid Waste
District.
20.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
21 .-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town .Boadd of the Town of Southold hereby grants
permission to James BunChuCk Solid Waste Coordinator to attend a one day
Seminar on food scrap composting sponsored by the Cornell Waste
Management Institute at Newburgh, New York, on June 10, 1998, and the
necessary expenses for travel and meals shall be a legal charge to the Solid
waste DiStrict 1998 budget.
21 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman ~Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
· 22.-Morned by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVi~D that the T°wn Board of the Town of Southold hereby accepts
the bid of Corazzini. Asphalt, Inc. for furnishing and placing Bituminous
Surface Treatment Liquid Asphalt Grades MC-250 and RC-250 ("Oil E;
Sand") within the Town of Southold, as follows:
Mainland Fishers Island
Bituminous Surface Treatment - Liquid
Asphalt 50% RC-250 F, 50% MC-250 with
screened sand
$.85 per sq. yd.
Schim Mix Asphalt Concrete - Type 5
$5! .00 ton
,.. per
Fog Coat; L~qu[d Asphalt 50% RC-250
S 5O% MC-250
$1.00 per gal.
22. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
$1.75 per sq. yd.
$100.00 per ton
$1.00 per gal
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
23. Moved by Coluncilman Murphy, seconded 'by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous
Surface Treatment Liquid Asphalt Grad RD-250 and lA Stone ("Oil I~
Stone") within the Town of Southold, as follows:
Mainland Fishers Island
Bituminous Surface Treatment - Liquid
Asphalt Grade RC-250 ~; lA Stone
$1.02 per sq. yd.
Schim Mix Asphalt Concrete - Type 5
$~9.00 per ton
Fog coat: RC-250 Liquid Asphalt
$1.00 per gal.
23.-Vote of the Town Board: Ayes:
Romanelli, COuncilman Moore, Justice
Supervisor COchran.
This resolution was duly ADOPTED.
$2.02 per sq. yd.
$u,9.00 per ton
$1.00 per gal.
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
2~.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for furnishing and placing Bituminous
Surface Treatment Liquid Asphalt Grades RD-250 & MC-250 ("Liquid
Asphalt") within the Town of Southold, as follows:
Mainland Fishers Island
$1.75 per gal. $2.05 per gal.
2~. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle,
Supervisor Cochran.
This resolution was dUly ADOPTED.
25.-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corrazzini Brothers, Inc. for furnishing and placing Hot Mix
Asphalt Concrete Pavement - Type 5 Shim, Sand Mix Asphalt with Tow of
Southold, as follows:
Mainland
0-350 tons
$65.00 per ton
350-650 tons
$55.00 per ton
650-1,000 tons
$~,9J00 per ton
Over 1,000 tons
$q9.i00 per ton
25. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Fishers Island
$110.00 per ton
$ 75.00 per ton
$ 75.00 per ton
$ 65.00 per ton
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
26.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Brothers, Inc. for furnishing and placing Hot Mix
Asphalt Concrete Pavement "Type 6 Top" within the Town of Southold, as
follows:
Mainland
0-350 tons
$57.00 per ton
350-650 tons
$55.00 per ton
650-1,000 tons
$55.00 per ton
over 1,000 tons
$50.00
26 .-Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Fishers Island
$120.00 per ton
$ 85.00 per ton
$ 75.00 per ton
$ 75.00 per ton
Councilman Murphy, Councilman
Evans, Counci Iwoman Hussie,
27.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for the furnishing and- placement of
Bituminous Surface Treatment Asphalt Emulsion Grades RD-2 with lA
Stone ("Emulsions & Stone") within the Town of Southold, as follows:
Mainland Fishers Island
Bituminous Surface Treatment - Asphalt
Emulsi°n Grades RD-2 with lA Stone
$1.00 per sq. yd
Schim Mix Concrete - Type 5
$1.00 per gal.
Fog Coat: Asphalt Emulsion Crand RD-2
$1.00 per gal.
27. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
$ 1.90 per sq. yd.
$ 99.00 per ton
$ 1.00 per gal
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
28.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Corazzini Asphalt, Inc. for the furnishing and placement of
Bituminous Surface Treatment - RC-250 Liquid Asphalt ("Oil & Recycled
Stone") within the Town of Southold, as follows:
Mainland
Bituminous Surface Treatment - Liquid
Asphalt Grade RC-250 ~ Recycled Stone
$.75 per sq. yd'.
Schim Mix Asphalt Concrete - Type 5
$50.00 per ton
Fog Coat: RC-250 Liquid Asphalt
$1.00 per gal.
28.- Vote of the Town Board: Ayes: Councilman
Romanelli, . Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
Murphy, Councilman
Councilwoman Hussle,
29.-Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Shawn Bowden, a high school student, to work as a volunteer without
pay, as an intern in the Supervisor's Office, after school and fullmtime
during the summer months, effective May 28, 1998.
29.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore,~ Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
30.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
establishes the following budget for the 1998 Consolidated Highway
Improvement Program:
Revenues:
DB1.33501.00 State Aide
.Consolidated Highway Aid
Appropriations:
DB1.5112.2.u~00.905 Consolidated Highway Improvement
Capital Outlay
Highway Resurfacing / Reconstruction
30.-Vote of the Town Board: Ayes: Councilman Murphy,
Romanelli, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
$ 220,367.84
$ 220,367.8Ir
Councilman
Councilwoman Hussie,
Number 31,. creating a position of Senior Citizen Program Supervisor and
establishing pay scale, was held.
32.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED Ithat the Town Board of the Town of Southold hereby allocates
$2,500.00' ~o ~Che Greenport Schools for the summer recreation program,
under the 1998 Grants Program.
32.- Vote of: the Town'~ Board: Ayes: Councilman Murphy, Councilman
Romanelli., ='Councilman Moore, Justice Evans, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
33.-Moved by Cpuncilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVEDifithat the Town Board of the Town of Southold hereby goes on
record cE the OLD HOUSE SOCIETY in its application for a
matcl Jnder the New York State Environmental Protection Act of
1993 to nd restore this architectural treasure, subject to the
ew of the grant application by the Town Attorney.
33.- Vote own Board: Ayes: Councilman Murphy, Councilman
Moore, Justice Evans, Councilwoman Hussie,
in.
ADOPTED.
3~t.-Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby
~authorizes Supervisor Jean W. Cochran to execute an agreement between the
Town of Sou~hold and the H S M Leasing Corporation of Copiague, New
York, for a ~extile recycling program at the Disposal Area and the Human
Resource Center, all in accordance with the approval of the Town Attorney.
3q. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanel Ii, r Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor .Cochran.
This resolution was duly ADOPTED.
31 4 26,.,998
35.-Moved by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED that the Town Bdard of the TOwn of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
Revenues: ·
A.2025.00
Special Recreational Facilities
Parl('~ Playground Funds
Appropriations:
A.7110.2.500.350 Parks
Equipment
Beach Improvements
35.- Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans t
3,390.00
$ 3,390.00
Murphy, Councilman
Councilwoman Hussfe,
36.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED. that the Town Board of the Town of Southold hereby directs
that each and every individual or entity filing a tax grievance contesting
their real .
· p. roperty assessments for the 1998'-1999 tax year are not required
to affll~matwely complete, as part of the tax grievance procedure, the
"Applicant Transactiona! Discl'osure Form" as developed by the Board of
Ethics. However, all applicants are still required to comply with the Code
of Ethics of the Town set forth in Chapter 10 of the town Code, and more
specifically, section 10-18-1 of the Town Code and fully disclose any
conflicts i 'of interest.
COUNCILMAN MOORE: Before we go on, Greg, would you explain briefly.
TOWN ATTORNEY YAKABOSKI: Resolution #36, the Code of Ethics has
adopted the Applicant Transaction Disclosure Form, and Tax grievances
which were brought before the Board of Assessment Review I believe one of
them had the Applicant Transaction Disclosure Form. There was a concern
that that would be an intricate part of the application, that perhaps these
grievances be desist rather than denied which would severely prejudice the
applicants. That is why this resolution has been adopted. Transaction
Disclosure Form is simply a form that applicants are required to fill out.
It puts a burden on the applicant to disclose any potential conflict of
interest that the applicant might have.
COUNCILMAN MOORE: We will be looking at that. We had a conflict within
the Ethics Code created by Local Law. That Local Law made reference to
applicants providing certain information to disclose whether 'they had
conflicts with people who were going, to be hearing that, whether it was his
own Board, the planning Board, or otherwise. The form that we generated
was adopted by a resolution. So, everyone that did a grievance against
their tax assessment this year didn't know about the necessity of having
this Applicant Disclosure Form. Every application came in did not include
that. If we took the tough line position we could throw all the grievances
out, and say, that-was a part and parcel of the application, you don't have
it, the grievance is dismissed. We are not going to do that. We are going
to get this out, and give notice that everyone that is doing this knows they
have to fill this form out.
36 .- Vote of the ToWn Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman-
Councilwoman Hussie,
37.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the ToWn of Southold hereby
authorizes the change in prescription carriers from PSC to C;en Plus
Managed Care, Inc., effective August 1, 1998.
37. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
38.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that. the Town Board of the Town of Southold hereby
authoriZes and directs the Town Clerk to re-advertise for a member of the
Ethics Board Committee, in both the Suffolk Times and the Traveler
Watchman.
38.- Vote of the Town Board: Ayes:
Romanelli, Councilman - Moore, Justice
Supervisor Cochran.
This resOlution was duly ADOPTED.
39~..-Moved
au
Con:
18, 1998
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
n Romanelli, seconded by Justice Evans, it was
Board of the Town of Southold hereby
the Town Clerk advertise for a member of the
for a two (2) year term of office from June
June 18, 2000.
39.-Vote of the Town Board: Ayes:
Romane}li~ Councilman Moore, Justice
sUperviSor Cochran;
ThisrresOlUtlon was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
40.-Moved bY Councilwoman Hussie, seconded by Councilman Moore,
WHEREAS, the Town Board of the Town of Southold is proposing to
a municipal .electric utility service by' resolution
~bject to a mandatory referendum pursuant to Section
ipal Law; now, therefore be it
RESOLVED that the pursuant to Article 8 of the Environmental
Conservation Law, State Environmental Quality Review Act, and 6
NY [t~ of the Code of the Town of Southold
the will conduct an uncoordinated~ review of this
to be the Lead Agency.
the Ayes: Councilman Murphy, Councilman
Justice Evans, Councilwoman Hussie,
41
duly ADOPTED.
seconded by Councilwoman Hussie, ~'
Board of the Town of Southold is proposing to
a municipal gas utility service by resolution of the
a mandatory referendum pursuant to Section 360 of
now~ therefore, be it
tnt to Article 8 of the Environmental Conservation
Quality Review Act, and 6NYCRR617 et. seq,,
Code of the Town of Southold the Southold Town
uncoordinated review of this action and declares
RES'
th~
Ayes: Councilman
an Moore, J.ustice Evans,
1ran ~
resolution W~as iduly ADOPTED.
Murphy, Councilman
Counci Iwoman Hussie,
EVans, seconded by Councilwoman Hussie, it was
Town Board of the Town of Southold hereby
~n No. 2 of the March 18, 1998 Special Meeting of the
reads as follows:
Town Board of the Town of Southold hereby accepts
o Cesspool Service Corporation, Brookhaven, N.Y.,
.0[~ per gallon to remove, transport 'and dispose of
scavenger~ waste from the Southold Scavenger Waste
an approved disposal location between April 1, 1998 to
and $.0~ per gallon between January'~ 1, 19999 to
~nd be it
THAT Supervisor Jean W. Cochran be and she
directed to execute a contract between the Town
Service Corp. to accomplish the removal,
dispo.sal of scavenger waste from the Scavenger Waste
all m accordance with the approval, of the Town
the,
Board: Ayes: Councilman Murphy, Councilman
Moore, Justice Evans, Councilwoman Hussie,
ADOPTED.
316 MAY 26, 1998
43.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby rejects
all bids on the Scavenger Waste Removal and authorizes and directs the
Town Clerk to re-advertise for bids for removing and transporting and
disposing of scavanger waste from the Southold TOwn Wastewater
Treatment Facility.
43. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
44.-Moved by CounCilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby goes on
record in opposition to the restart of the Millstone Unit 3 Reactor because
of its close proximity to Eastern Long Island and the ominous threat it
poses to Long Island residents.
SUPERVISOR COCHRAN: Just a word of explanation on this one. As you
may or may not know, Congressman Forbes held hearings this morning on
this topic, and in addition to us going on record as to opposition of the
starting, I believe Southampton, Easthampton, and Riverhead are, also,
on record as oppoSing~ and the County is concerned.
44. -Vote of the Town Board: Ayes:
Romanel Ii, Councilman Moore, J ustice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
45.-Moved by Justice 'Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold authorizes the
Anti-Bias Task Force to place an advertisement in the Suffolk Times ON
June 4, 1998 for a fund raiser "Motown Dance" to be held on June 6~
1998 =t ~ cost of $205.00.
45. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman HusSle,
Supervisor Cochran.
This resolution was duly ADOPTED.
46.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold grants
permission to Supervisor Jean W. Cochran, Valerle Scopaz, Planner, and
one member of the Planning Board to attend the "Ferry Services in the
Region - Focus Long Island. Sound, A Metropolitan Planning Forum" at
Bridgeport, Connecticut on Friday, June 5, 1998, and the necessary
expenses for registration, travel and meals shall be a legal charge to the
Supervisor's and Planning Board 1998 budget.
46.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Su pervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COGHRAN: That is the end of resolutions. At this time we
will take comments from the audience on any Town related business.
HOWARD MEINKE: Howard Meinke speaking actuali.y for myself and
North Fork Environmental Council; The Jim Gray building that has caused
a great amount of' discussion in the past. couple of weeks, and started with
the .Architectural Review Board, and the Planning Board, and then it
advanced to the fact that there were various ~ Zoning Board of Appeal
actions ~that did~ things that were beneficial to the Jim Gray project, and
then people !said, well, I wasn't officially noticed, and that became
somewhat of an issue, and I am not sure how that turned out. I guess this
has come up a little bit, but I think..what I am about to say is I feel it
is atrocious, and ~somethlng should be done about it. The Town Code has a
Section Chapter 58 Notice of Public Hearings, and it says, provide notice of
public hearings. It talks about putting notices in the newspaper. It talks
about erecting a sign on the premises. It talks about notifying your
neighbors, left and right, and across the street by registered mail, and
having a return receipt, etc. All very logical. That was adopted by the
Town Board on 12/27/95, Local Law #25 - 1995, amendments noted where
applicable. I don't see anything in my copies that said, there was an
MAY 26, 1998 317
amendment. However, ,if you go into the zoning part of the Code Book you
come upon Notice of Hearing amended 12/27/95 by Local Law 25 - 1995, the
same date, the same law, looks like it was simultaneous with #58. It is
called Section 100-275. It says, in all cases where the Board of Appeals is
required to hold a public hearing notice shall be provided pursuant to
Chapter 58, put it in the papers, send the registered mail, put up the
sign, notify t~he neighbors, do all that. In lieu of complying with some of
those provi.,
to get: the reg
witi~ the
actiOn
nob
it
there
~ from the neighbors that they don't have
that is okay. Then it. says, failu.re to. comply
section shall not effect the validity of an~
Of AppeaIs. Now, that sort of sounds like the
SOunds ~o me as could notify
stmas )f
there is I d
~g 'to be in ~d
get cracking, get the h~ll out of
Thank you for your comments. Bernie?
BERNARD HEINISCH: i would like to commend the Town Board on their
swift a. ~ in attempting to eliminate the composting odor on the North
Road, the proposed two story metal storage buildings to be
bu It~b¥ I would also like to commend Mrs. Cochran for donating
best and worse on County Road 48. The worse being
~ction equipment and precast concrete sections on
~e of 48, where the four lane highway starts in Mattituck, as
SouthOld Traveler several weeks ago. Let's~ .look further
hamiet On the south side of' 48. The old Kev n Knobloch
mower repair, property ,=ntial. Large
trucks, and etc. on the
and Gravel. zoned
)wed? Is this one of the next. to be~:rezoned
Again, going east on It8, on. side of
~rner of Ackerly Pond Road large signs Sound Shore
Ex, concrete cesspool sections, trailer tru~ks, bul~ldozers,
uck and crawler cranes With thei~ booms sticking'
the so,
m~
in
to
Z0~
jur
a~
is
the
but
high. This is limited business zone. According
allowed. Is some~t[
these properties wer&
er east on 48 is the
Why did the Boar
~0te, the width of
;ting in the neighbol
It is Lucas
north is business offices,
There is no other feasibl~ alternative for
This ~s also false. The
~dards than those
Metal storage buildi~
variation is less than
s are wider, larger, than i.n
refuses to do BA
the ZBA, the do al these
good old .:smell of
~ action, because the smell went with the wind,
lie, and other dlegal uses qn u~8 is in our
yOU.
to be done?
They knew
~sed asphalt
~ls grant: the
a, b, and
ha'
hel
OUl
Coutsouros, 1
come here on otb
)n L~8. I, also, now
noticed that a lot
type of
I think all
her standard to
)us asset. It is the
a good job in
a look at all this
said, on 48,
:ha~ building to go up
Lane. I
to voice my
thought aboUt it
shacks
know, we
:ia property in
e community in
~tiful place on
that, but
that is
is going to be
e red roof. You
318 MAY 26, 1998
know the red roof is ali breaking. It looks very nice, and everything.
There's a Morton building just about 3/ti of a mile east of it.
SUPERVISOR COCHRAN: By the Landfill?
ANTHONY COUTSOUROS: No, not by the landfill. Where the red roof
is. About 3/4 of a mile east of that on the north side. There is a like
Morton size building there. I think in a lot of areas, you know they
require 25% masonry on any project. A standard like that would definitely
apP~0ve the appearance of all these buildings. Any type of storage
projeCts that tl~y want. to put up, you know, sh0uld be like Lucas, you
knoW a ways off the Main. Road wl~ere people really can't see it. Also', yOu
know, you. are suppos.e.d to have a Master' plan. You know, just give you an
exami~ e, in an at:ea llke Garden City to the west, I mean when. that .area
was develOped, there Was a Master Plan. They had a c0mme~cial area; hght
commercial~, .heavy. c°mmerci~'l, and bUsiness district, and then 'it had 'all
it's reSidenti~l'[ '1~ 'don~t see"a plan like that here. :1-o take and: :Say; this
will be the area for heavy commercial property like corazzini, and
whoever else wants to have that heavy, ugly equipment,; or even your
place, an oil storage faci'lit¥. I mean, as this~ towr~ 'gi;oWs even that
property is not looking too good across from the railroad tracks. So, I am
just Sa~;ing~ you Enow.
COUNCILMAN ROMANELLI:
ANTHONY COUTSOUROS:
least 300 feet of~ia road.
COUNCILMAN ROMANELLI:
Where do you go?
Well. the Town should have a special area at
Farmland.
ANTHONY COUTSOUROS: We have farmland, but we have to cut a
commercial area, because commercial people do have to have a place;
COUNCILMAN ROMANELLI: That's it. Farmland is what it is boiling down
to.
ANTHONY COUTSOUROS: It shouldn't be on a road where people car~
see it. That is all I am trying to say. ~ '
SUPERVISOR COCHRAN: We do have a Master Plan that was put in place
in the late '80s, and part of the theory at that time was you had the
different hamlets, be it Greenport, Southold, Cutchogue, or Mattituck, and
rather than run east and west, and have everything iri a strip the concept
at that time was to run north and south, so that you will see on the Master
Plan, and the zoning, that behind each hamlet is the availability of
business, behind each hamlet on 48. In between is the open space and the
farmland.
ANTHONY COUTSOUROS: As I said before, McDonaids was held to a
high standard, and I don't think too many people object to the way that
property looks today. I think that should be the goal. Try and get all the
properties to look something like that, even upgrade the properties that are
here. Thank you.
SUPERVISOR COCHRAN: Thank you. Yes, ma~am?
MYRA STEC;MAN: My name is Myra Stegman. I have heard you say on
many occasions, that your philosophy is for Southold to maintain some of
it's beauty by conserving it's natural resources, and most particularly it's
open spaces. The people coming through Southold are mentioned as the
beneficiaries of such. The people using Oaklawn Avenue deserve at least
this, if not more. These people use Oaklawn Avenue in their every day
lives, and the numbers are large. On a summer day as many as 200 cars an
hour have been clocked on this road. The thoughtless destruction of the
trees on Oaklawn Avenue is causing them great concern. I fully realize
that the Southold TOwn Board has no jurisdiction over the school grounds,
and they are not required to file a site plan. Who makes these decisions
which rob 'Southold iof it's beauty, and at taxpayers~ expense? In Southold
our houses are set back from the road for a reason, to preserve it's rural
atmosphere. Southold School Board should do the same. Throughout
schools commemoration of Arbor Day teaches our children to appreciate
MAY 26, 1998 319
trees. How sad that the same school lose sight of this by destroying those
beautiful gifts of Cod. We all want Southold to be beautiful, and an
asphalt urban-like parking lot under our noses does not fill the bill.
Protest marches, placards, petitions, etc. is not the way to handle this.
We £herefore feel that you as our Supervisor should use your position, act
in our behalf to assure that these simple basic considerations are adhered
to. Help restore Oaklawn Avenue to it's fOrmer beauty~ and I also agree
with the gentleman who just spoke. Planning has to be enforced in order
that We do not have anymore of these horrors. Thank you.
SUPERVISOR COCHRAN: If I may, I perchance had the opportunity to see
the Plans of the as I was viewin had come in
with another in relation to would the ds for their
playground? Well, if I had $25,000 I would give , ~own recreation
department, $2,000 to develop programs for our young
pe~Ple; As plans I questioned the SUPerintendentI 0f
Schools. I said; what are yeu doing along Oaklawn Avenue?
going, tf3
know~ a
is
bui
the
So,
not
wou I
where the
'People go
down Bayview.
to change some of this, I certainly
does slope down
'n. yOu are 100% ri(.
;r over a sc
do.
was
Well, we are
fou
It
ing a
~ee
w'~h
this
alo
to
hear
the
the way they are
come to I
am just~
an¢
I~m
real
hear
you
~ y be damn over there, we ha~ no
on.
MYF{A.STEGMAN: I don.~t feel jt is encumbered upon me. I read to you
on behalf...
SUPERVISOR COCHRAN: The Town can't do it.
MYRA STEGMAN: You come down Oaklawn Avenue where there is not
just me, and I do not to resort to, as I mentioned here, protests, and
placards. That is not a civilized way to handle this. You are our
Supervisor, our representative.
SUPERV~ISOR COCHRAN: We have offered, and our Planning staff has sat
down wi~h them on two occasions. We ale trying..
MYRA STEGMAN: Are you telling me, there is one person sitting over
there, and they are making these decisions?
SUPERVISOR COCHRAN: The School Board, that is their jurisdiction.
MYRA STEC;MAN: There are only four people on the School Board.
SUPERVISOR COCHRAN: Go, and present your case to the School Board.
You are presenting it to us.
MYRA STEGMAN: No, but at least you are listening to me. They do not
listen at all. I have been there.
320 _MAY. 26, 1998
COUNCILWOMAN HUSSIE: Mrs. Stegman, I was concerned, as I am sure
everybody else on the Board is about that plan over there, and in deed
before they started taking down the trees, and before they started moving
dirt around ~ did talk to two of the School Board members. Kind of
attacking them the same way one of them has attacked this Board, you
know. Why are you doing such and such? The answer was some attitude
about,, well, we will look into it. I tried. There were things, not only
with the removal of the trees, but also the way the lights were going to
come down, as I said to these School Board members, th~e iights are going
to come straight into the homes right opposite that parking lot.
SUPERVISOR COCHRAN: That was another point made, because, again, we
have .n. 0juri~diction over their site plan.
COUNCILWOMAN HUSSIE: We did try, but, again, realizing that they can
just say...
MYRA STEGMAN: Isn't that a pretty sad state 'of affairs in our town,
that we can have one or two people to do this to us?
COUNCILWOMAN HUSSIE: I agree.
BERNARD HEINISCH: I would like to make a statement, if I may? The
attorn, ey can check ipto this, Coming from the school districts, I have had
to file plans in the. local toWnship by Education Law, showing them exactly
what :we to do, where the parking facilities were, where the
on. This is in the Education Law. I:f' they didn't do
it, Attorney can do something.. This is in the
I: muCh I know. It is in their planning standard. They
are
SUPERVISOR COCHRAN: I will double check it.
JOE :GOLD:. This is om land acquisition. Dick Ryan appraisals in
Execu~tiYe Session i. was chairman for three years, a.n.d'= we purchased. We
went thr0~ugb a lot of steps setting up land preservation. Never once were~
we involved '.in Executive SesSion. Has something cl~anged3
COUNCILMAN ROMANELLI: How much land did you buy? Again, it goes
down to negotiation side of it, to find out what land is what, what it is
valued at.
JOE GOLD: We did most of the appraisals that have been bought now,
were authorized within the last two years. What is the justification for
Executive Session on land preservation?
COUNCILMAN ROMANELLI: When you negotiating the value of land, and
the dollar value...
JOE GOLD: I don't argue the point, but..
SUPERVISOR COCHRAN: Let me clarify since we are getting into the
political realm here. We made an offer. Okay? And it was to discuss a
counteroffer, or to look at the person not accepting the offer, which we
had presented. That's what we discussed in relation to that particular
thing with Dick Ryan. We also discussed the acquisition of land,
Thompson's, and the sale that we are selling Ryder's Landing. Those are
the other topics that were discussed.
JOE GOLD: Ryder's sale was discussed at an open Board meeting. The
price was discussed.
SUPERVISOR COCHRAN: Yes.
JOE GOLD: The orily point 1 am making. I don't think it is getting across.
The point I am trying to get across is, that these labels immediately raise
antennas.
SUPERVISOR COCHRAN: The next time we make a motion, or move within
our Work Session to go into Executive Session, we will perhaps..we could
perhaps define.
MAY 26, 1998 321
JOE GOLD: Personal matters do not fall into Executive Session unless a
particular person is involved.
COUNCILWOMAN HUSSIE: All of~ these Executive Sessions when we do move
to go into Executive Session, we do state the reason, and you could
probably check with the Town Clerk, because she make a note of that.
JOE COLD: Wouldn't it be so much simpler to just put it here, and then
you wouldn't have to listen to it?
COUNCILWOMAN HUSSIE: We llke to listen.
FRANK WILLS: Frank Wills, Mattituck. This gentleman hit on a good
point. How come there are so many of us here. I will confess. I only woke
up about this last Saturday. (Unintelligible)
COUNCILMAN MOORE: Try to build a comprehensive jet ski ordinance.
One of the things that we discovered was that there is a rather substantial
body in the existing Town Code in regard to boating, because the jet skis
or these personal watercraft are considered vessels, and abide by 'the same
rules. So, the Bay Constable kept reminding us, if they are reckless in
their driving, if they are going too close to existing..like any other
vessel too close to bathing areas, and whatnot, they are supposed to..if we
have sufficient marine coverage. We don't have sufficient coverage on the
water. We have three Bay Constables to cover how many miles. That is the
problem. New York State is struggling with the necessity for education,
and trying to make comprehensive statewide approach.
FRANK WILLS: One thing I forgot to mention', more than anything else, is
the noise. It is unbelievable. For consideration of the Board to consider
putting in rules, not only for licensing, but permitting, extra money,
enforcing noise regulations, putting extra mufflers on these things before
they are allowed to operate in Southold Town.
COUNCILMAN MOORE: One thing to tell you, the people who operate these
things have all of maybe one hour of training. It is almost a function of,.
does enforcement be in place to put your effort, or should it be in
encouraging and enforcing regulations that require education, and that is
what the State is focussing on education.
FRANK WILLS: Force permits, and licenses on people in training.
COUNCILMAN MOORE: The State is considering that.
ANTHONY COUTSOUROS: If they can do anything about the motorcycle
noise on a weekends, and Mrs. Cochran you were so gracious to return my
call about the exorbitant water fees over $5,000 that I had to pay to
Greenport water to hook up my house, which I was forced to hook up to
Greenport Water. Is there any recourse on that with that monies that is
being kept in advance there? Is there anything can be done with that?
COUNCILMAN MOORE: On the one positive side, you got your water.
There is a whole group of people that don't have it. Right now, the Water
Authority is imposing a backbone type of hookup as well for new dwellings,
who want to hook up to the Water Authority's line. That was imposed.
ANTHONY COUTSOUROSi
is?
So, over $5,000 fee is done? That is what it
COUNCILMAN MOORE: Was it. Greenport that provided you the water in
exchange for that payment?
ANTHONY COUTSOUROS: Right. I tried to fight them on it.
COUNCILMAN MOORE: Presently, as to the FOIL lawsuit that went on, the
Village appealed the Supreme Court Judge's ruling. I personally sued the
Village. The Town Board sued the Village. Both myself, and the Town
Board won, and the Village has chosen to appeal the Supreme Court Judge's
ruling on that. Those briefs have just gone into the Appellate Division, so
we are still fighting over whether they have provided information to account
for the money.
322 MAY 26, 1998
ANTHONY COUTSOUROS: Say the Town of Southold wins on that appeal,
and they have to disburse that money, are those people.. We paid the
money in. We are entitled to that.
COUNCILMAN MOORE: Greenport's argument is they took that money,
and paid for.. Remember the lawsuit was only for obtaining the
information, not necessarily forcing them to provide water. Different
lawsuits have come out with regard to, like I said, people who paid the
money, and didn't get the water. That is a separate battle that is going
on right now.
SUPERVISOR COCHRAN: Thank you. Yes, ma'am?
CAROL BIRCH: My name is Carol Birch. I am not living in town very
long. I just wanted to tell you that I object very much, now that I am a
resident, to paying the beach parking fee .every summer, and when I go up
to the beach there (unintelligible)
SUPERVISOR COCHRAN: We had court last Friday here in Town Hall, and
206 cases to be heard, most of them vehicle infractions, so they are out
there giving tickets, and yes, we can request of the Chief that he keep a
better eye out, and let them ride through a little bit more, and ticket
those, because it is lose of revenue to us. Thank you very much.
MARY MOONEY GETOFF: I am Mary Mooney Getoff. I want to
speak about that large building, and the funny thing about it is, it seems
like the right hand doesn't know what the left hand is doing. (tape change)
SUPERVISOR COCHRAN: This Board can not change their decision. They
have to change their dec~sion. We don't know what else to do. We can share
State Law with you.
DONNA DZUGHAN-SMITH: How about sharing Town Code? It has been
already been brought up. You have a Town Code, Town Law, which
everyone follows, I think, or supposed to follow.
SUPERVISOR COCHRAN: They do.
DONNA DZUGHAN-SMITH: It is supposed to be enforced. You have Town
Code, you make a Code, why did you make an exception for one of your
appointed committees, why did you make exception for a ZBA group? You
don't have that exception for the Planning Board. You don't have that
exception for the Assessor. You don't have that exception for the Buildrng
Department.
COUNCILMAN ROMANELLI: What exception?
DONNA DZUGHAN-SMITH: Cornell's. Chapter 58, says that all public
hearing have to be noticed, certified return receipt, to all your neighbors.
There is eight neighbors to that property, only four of them notified by
the ZBA, when the variance was requested, only four. One of which is
considered Donuhue's and others, which is an estate? Okay? One of the
main people of that estate was in the hospital at the time. Someone else
signed for it. She never received it. That is one of the four that was
notified. There were four others that were not notified. As citizen's we are
supposed to raise more money, and we are supposed 'to go get our own
legal counsel for this? That is your Town Code. That is what you are
supposed to enforce. That one wasn't followed, and then Number 2,
Chapter 100, that refers back to Chapter 58, says, A. Everyone is
supposed to follow this Town Code. B. You can get a waiver to it if you
have the person sign it instead of signing certified return receipt. Okay.
C. If ZBA does not follow this, it is okay. They can sign whatever they
want. That is what it says in the Town Code. Code Chairman, would you
like to address that?
COUNCILMAN MOORE: Thank you for bringing it to my attention, because
what happened there, as I understand it, we had a series of laws that had
notice provisions throughout the Code. Planning Board had their own way
of doing it. The Zoning Board had their own way of doing it, and that
section, that you are talking about, exception~ was there for an awful long
time. I am not going to give you a legal opinion as to why that was there.
MAY 26, 1998 323
I have a .supposition. It has nothing to do with the-Southold Town Zoning
Board of Appeals. I Would suggest it has to do with finality of decisions,
and saying, you know six years from now..I am just guessing. I haven't
researched this question, but six years down the road you can't pull a file
off the shelf, and say, you know what? The notice wasn't right. The
bui'!ding is up. The building is being occupied. The building is being
used, and somebody doesn't like it, and comes in, and say, oh, the notice
wasn't right, and says, that is the basis on which six years later I can
undo.I I am going' to suggest to you, that is why that clause ls in there
witho~Jt even researched the question. Let me just fini.sh. Back in '95 an
attempt was made, because the Town Trustees did notices a certain way~
the Zoning Board did nOtices a certain way. They all ha.d, their own rules
and' ~roC~dures, and You had to learn how to d~ each d.fferent One. The
Board had their own. Back !n '95 an attempt was: made to meld it
all ~ it is entire y possible, I was on the Board in '95, it is
and it I before, When you .ar~e working in one
had the Code on com~uter, ~;~u don~t
tent Other subsections of ~Ee :Code. So, it
be th-~ should have been Plucked Out, and not left
there rtainl¥ a Z6ning Board exception' al.ii ~b¥ itself. That
does~ dee a .sense, when ryou sat there, ai~d did, What you ihope is
a uni~o~'m notice relation. :1 ~t~knoWl~dge 'that.
/
DON~A DZUGAS-~MITH: Are you going to look into it now?
/
Yes, thank you. I will, but I understand I think
there 3g reason in law why that exception there.
DON~
COU~
DON~
on th
COU~
A DZUGAS-SMITH: That should include the Planning Board, too.
CILMAN MOORE: That's right.
A DZU. GAS-SMITH: SO in other words, everyone's name should be
ere, not just the ZBA, if you want that in your Town Code.
CILMAN MOORE: That's right, if you want that, or if it should be
there.
DON~
as e~
Jimb~
envir
the
Cou n'
A DZUGAS-SMITH: Another thing, I keep reading this file. I am not
Jucated in town matters, but the town is set as lead agency on
's little plan here, now, when in such lead aganc¥ -it makes
)nmental statement. It accepts environmental impact, so when it does
.~nvironmental impact, alright, instead of having the State or the
'.¥ or someone else accept the lead agency, the Town has made-a
decision-
COUI~.CILMAN MOORE: Some agency within the town. It could be Planning
Board. It could be Zoning Board?
DONP
ever~
COUf
you '
way ·
all t
take
you
kinds
for: ~
be~.
prop~
have
say,
point
Can
is t~
A DZUCAS-SMITH:
one autonomous?
Are they answerable to you at ail? Or is
CILMAN MOORE: They are autonomous for a reason, and I will tell
~hy. You set up a Planning Board, and you can cut this one either
fou want it. if you want the Planning Board to have no power, and let
ie Town power sit with the Town Board, you can do that. You can
all the power away from the Zoning Board, and put it right here. What
:nd up with is, every application comes in, and becomes subject to all
of pressures. That is not necessarily considered fair or appropriate
fair hearing on the application that is before a Board. It shouldn't
~re there 255 people who say, I don't like that? If you had a piece of
,rt¥ that is zoned business, or it is zoned limited business, or what
you, the person who has bought that property looks at the Code and
geez, if I go in and do this, this, and thus and such. The whole
of having appointed boards is to take it out of the political arena.
fou justify the approvals granted? Can you justify the variances? That
reason why they are created as an autonomous boards.
324 MAY 26, 1998
DONNA DZUGAS-SMITH: Rather than go on general on that, let's stick
to this particular property. Okay? He bought that property, agricultural.
Okay? He had it changed and rezoned, and many other pieces on the North
Road they have done the same thing to. Okay?
COUNCILMAN MOORE: Individual applications.
DONNA DZUGAS-SMITH: One is under Pudgie. One is under Jim Gray.
He has many aliases. Back to the environmental thing. Okay? If you look at
the application, the short form, you are telling the town, whichever board
is representing the ~own for this accepted this. It said, will proposed
action comply with existing zoning, or other existing land use restrictions?
Yes, if variances are granted by the Appeals Board. OkaY? What is the
present land use in the vicinity of the. project, residential and
agricultural? That .is all that is checked. It. doesn't'say, business. It
doesn't say,. commercial. It doesn'.t say, industry. It says, residents to the
west on to the. south, Are you going to tell me l~hat som~0ne actually checks
this off on his own thing, the Town says, oh yeah, and now we are going
to let him build on.aU this property. It i~ less than three acres that he
is building almost.. ~,0,000 square feet. Let's think this out. You are
saying, well, this Board may be making a mistake, that~ Board may be
making a mistake, and the other thing, I am not sa;/ing. that they didn't
work on. They definitely worked on it. The appeal was;, submitted in May.
The first hearing was held in June, '96. He did not get approval until
October o.f '96. In the meantime it was held over, held over, held over. In
the meantime there was a lot of paperwork back and forth b~tWeen Planning
Board, Building Department, Architectural ReView Committee' and the Zoning
Board. Every time, d° you know what was.' stated? :Nobody read this.
Every time, ArchitectuFal Review Committee Was not in fav°r Of it, not in
favor of it. Planning Board, we are not in favor of it. Do not grant the
variances. He still got all the variances. Without going irYco long detail,
and this is public:r~ecord, you are welcome to read it.
SUPERVISOR COCHRAN: Please, address your remarks to the Board, and
not to the audience.,
DONNA DZUGAS-SMITH: It is their lives that is affected, too. This is
my parcel of land in red. It is 29.4 acres. Jim Gray is over here. He is
not even an adjacent neighbor. He is not going to be blocking my view. I
live in Southold, and care about all of Southold, not just my backyard, my
front yard, my side yard. He has these parcels over here all of the way up
to the where the traffic light is on Horton's Lane. There is three parcels.
Two he is putting together to build these buildings. It is less than three
acres. Once again, [~0,000 square feet. Here is my 29.z~ acres. I am asking
to build a 1,000 square hand crafted log winery building. Guess what, the
Architectural Review Committee says, no, because it doesn't fit in with
existing architecture. It is not metal, It is not vinyl siding. It is not
cement, so my hand crafted..do you know that it is worth $300.00 square
foot hand crafted logs? Isn't it actually amazing? There is only one other
building on all of Long Island that is truly hand crafted logs. We would be
the second building, and the Architectural Review Committee is telling me,
don't even bother submitting my site plan, because we are not going to
approve it. I am going to submit it, and I would hope that the public and
Town Board would help support such a thing. It is going to be a piece of
art. It is going to be reasonable. Twenty-nine acres, it is going to be Iow
profile. It is going to be like back in the 1700's, 1800's. Don't you think
that is a little more acceptable than two stories on ~0,000 square feet?
SUPERVISOR COCHRAN: I have always said what makes Southold unique is
the mix of housing and buildings. Anything from the 50's with asbestos to
salt boxes from the 1600s's. Submit your plan.
DONNA DZUGAS-SMITH:
1900's and 20th century?
Should we make metal buildings, that are the
SUPERVISOR COCHRAN: We do have some metal buildings throughout the
town.
DONNA DZUGAS-SMITH: This is the idea of a hand crafted log building,
not milled, it is handcrafted, hand scraped, wooden pegs. I would hope
MAY 26, 1998 325
that many more people would rather see this than what is being approved
up on the North Road, and I hope it is not too late to stop that. There
are many things in that record, and I hope one of you as a citizen, not as
a Town Board member, as a citizen will take the time to read the record, to
read the ZBA, and a citizen act on it, if you can't do it as a Town Board
member.
SUP.ERVISOR COCHRAN: Anyorm else like to address the Town Board on
Town business?
ANTHONY COUTSOUROS: Mrs. Cochran, just listening to her what she
was sayi.ng about the Zoning Board, people voting, no, no, no, and then
some !people changing their vote. I think there is an ethics problem there,
or there is some kind of problem, because Mr. Gray owns so much property
in the town maybe he has got a little more puli in other places with other
people. I mean I am just listening to the people here, and sounds like
there.could be a conflict of interest, and you said something about maybe
we need metal buildings.
JF
COCHRAN: I didn't say, maybe we need metal buildings.
words in my mouth.
ANTHON~ COUTSOUROS: You said it was part of our makeup.
SUPERVISOt COCHRAN: I said it was part of the uniqueness of Southold.
to her lob cabin, not the metal buildings. Okay?
ANTHONY COUTSOUROS:
town.
I am just saying, we have to preserve the
SUPERVISOR COCHRAN: Yes, we do. We are well aware of that.
ANTHONY COUTSOUROS: A few more trees in the town.
SUPERVISOR COCHRAN: You are right. We have a Tree Committee. We are
planting them every day. Mr. Meinke?
HOWARD MEINKE: Howard Meinke. ! am not looking for a response from the
Board. I am not trying to antagonize the Board, but I just have the feeling
that what people are saying is that they think that the top strata of
elected people in the town should stand up for the people when things are
going ~rong, and in the history of this country in other political arenas
the top :executive engages in the use4of what is known as the bully pulpit,
or jawboning, and the President has been known to hammer the Unions,
hammer big corporations, do things of that sort, hammer certain of the
cabinet people, and get. public opinion rallied to get something going, and
this is not a case of having authority over boards. It is just a case of
using the power of the position, and I would feel better, and I think these
people Would feel better, if there was more of the Town Board, and the
SuPerviSor using the power of their position when the townspeople get this
riled about something, to make it known that we understand speaking as a
ToWn Board that we have no authority over what you are doing, when what
you are doing is making very large footprints. It is spoiling the town, and
it is our opinion that you are doing a damn lousy job, and we think you
better get back to the drawing board, and think about it. I would believe
that is What the Town Board could do, and I would feel-better if I thought
it was being done.
SUPERVISOR COCHRAN: Thank you.
time.
I am going to take you one more
DONNA DZUCAS-SMITH: I was only up once.
SUPERVISOR COCHRAN: Yes, but it was a long time.
DONNA DZUGAS-SMITH: Two things, land acquisitions, which was also
brought up as a separate issue. When is it decided about a person
interested in selling their development rights? Okay? Things like this two
story building going down one block is going to bring down our land
values, if we are interested in selling our development rights, and that is
if the Town's interest in buying development rights to land when that takes
326 MAY 26, 1998
the view away. If you read your own preservation thing it says you like
the continuous views. That is something else to really consider. The other
thing is, I wish that kind of like the way you feel towards me right now, I
wish you would feel that way with the ZBA.
CHRIS BAIZ: My name is Chris Baiz, a resident of Southold. In
addressing the issue that seems to be very popular tonight, I had done
some quick analysis for' basically what is a 70,000 square foot building when
it is double decked, and at the going rate over here at Southold Storage
approximately $.80 a square foot for storage space per month. That comes
out to about $10.00 a square foot here, hence 70,000 square feet could
generate a very attract!ye revenue, a sum of $700,0.0.0 for that property. I
~otice that the~e ils go.ng to ~be One resident's building on site presumably
for the manager Caretak.? of the facility, and for al:loWing such intensity
.o.n a piece of prOPerty 'Ilke. that i am a litt e hard pressed, as tO see where
~t is generating jobs for the Town of SoUthold. I th~nk it might generate
one sort of' quasi managerial job, and maybe a couple: of :attendant :jobs such
that after taxes and reasonable maintain and salaries, and what have you,
or wages for the various workers that might be there, I see either three or
four, the owner is left with approximately $500,000 a. year of free cash
flow, pre-tax cash flow as we call it, and if you follow any of the sale
of businesses, or merger, and acquisition things that .are happening on Wall
Street today, and els~het:e, we ~re seeing t~at busineSses are selling .fOr
in access of ten times~ the their multiple of their free flow, meaning
that this $500,000 fre& cash flow would Very like~lY a sale ~for Mr.
Gray of about $5,000,000, Or better, and~ I~ am r&all presSed when we
as a community are attempting to work for .farmland preservation, and open
space preservation, and we as an entire comm~init~/'~ :can only raise
$2,000,000 every other year in a referendum for a bond issue, that one
person be granted such special privilege that basically oN less than three
acres of land he can generate a $5,000,000 sale ca~al~ilit¥~: overnight. I
think we have got our priorities turned around here a little, bit. Perhaps
maybe the Town of Southold ought to go into the storage building and sale
business, so that we can use those proceeds to more rapidly fund land
preservation and open space preservation. Thank you.
SUPERVISOR COCHRAN: Would anyone else' like to address the Town
Board.
DAN SULLIVAN: My name is Dan Sullivan, 940 Hill Road, Southold. I just
have a question about the real estate transfer tax. I read in the paper
today, I believe, that there was a equal vote between the Board members
three to three on whether or not it would be 2 1/2 percent or 1/2 percent.
Am I mistaken about that? I thought I read that in the paper.
COUNCILMAN ROMANELLI: We went back and forth. It was in the paper,
but when we were back and forth amongst the Board member on the
percentage. A few of us felt we didn't like the percentage rate and wanted
to change it to 1/2 percent. In going up to Albany we were told in so many
words that we either support as is, or you get nothing, so we did what we
thought was the right thing to do, was take what we could get. It is going
to go through as 2%, but they changed some of the parameters, as far as
this dollar number of where it kicks in.
DAN SULLIVAN: Will there be a referendum on it, o~ is just up in State
Legislature?
SUPERVISOR COCHRAN: It has been passed by the Senate, and it is with
the Assembly now. It was our feeling that to support it the way it was it
had more of a chance of passing then to begin to mess with it at the last
minutes, so we did go along with the way it was presented for Riverhead,
and Southold, and we are hopeful that it will pass.
JUSTICE EVANS:
referendum.
After it goes to the State, it comes to Town for a
CHRIS BAIZ: Chris Baiz, again, Southold. On an entirely different
issue, but on one of the resolutions tonight, and I know she has been
working hard on the project, one of the members of the Board, Alice
Hussie. Has the Town of Southold, as an entity, previously, or does it
intend to notify LILCO, that it intends to condemn the transmission of
MAY 26, I998 327
distribution facilities within the Town of Southold? Where do we stand on
that?
COUNCILWOMAN HUSSIE: Condemnation is not the only way to acquire. We
could do it through peaceful negotiations. We could do it through
condemnation. We could also just ignor.e it all together, and put our own
lines in. We haven't notified them, but you can be sure that they are
watching us.
CHRIS. BAIZ:. Okay, now how does that work via the LIPA, which as I
understand ~=later this week it is going to take over T&D systems, the issue
there is, is that, as I understand it LIPA is in itself basically by New
York State Law a municipal instrumentality, and as I understand it one
municipal can't confiscate or condemn another municipal instrumentality
service.
COUNCILWOMAN HUSSIE: That is what they claim, however in 1986, I
think when the LIPA Act, it was specifically mentioned that. this is not to
preclude a municipality or another town from establishing it's own electric
company. That is in the law, and I don't have that stuff with me right
now, and LIPA people are saying, no, no, no, you can't Possibly do
anything like this~ Mr. Harringburg was queried when Lynnbrook was,
who was a little: bit ahead of us, When Lynnbrook said that they were
going to do this, and Mr. Harringburg wrote a letter specifically to
Lynnbrook saying, LIPA is wrong, We never intended that to be
preempted. Your opportunity to forming your own electric company.
CHRIS BIAZ: In other words, we can see. this some court decision? Is
that what is going to happen?
COUNCILWOMAN HUSSIE: I imagine that is what is going to happen. We
are lucky that there are three people ahead of us.
CHRIS BIAZ: Okay. Great. The second issue in forming a municipal
electric authority, such as we would have here, is the issue of, for the
sake of better words, transmission and distribution insurance coverage~
When a hurricane strikes how are going to pay for the destruction and the
damage that has occurred to the wires and poles, and what have you. In
the revenues that we would generate is there a sinking fund, or something
like that set up? Okay. What kind of magnitude is it? Is it a million
dollars a year that would get set aside?
COUNCILWOMAN HUSSIE: Five hundred thousand. It is a considerable sum
for whatever we might need, whether it would be improvements.
CHRIS BAIZ: In '85 with Hurricane Gloria with the entire LILCO system
we were looking at a $80,000,000 repair cost, and my concern in all of this
for the residents, owners of their own electrical system is that we get a
hurricane that comes in here, and no repair trucks are going to come from
Pennsylvania or upstate New York until they have got cash on the
barrelhead. That is very important.
COUNCILWOMAN HUSSIE: The repairs were made new. stuff was put in.
That is why it became a little more expensive.
CHRIS BAIZ: Thank you very much. It was good job. I.appreciate that.
SUPERVISOR COCHRAN: While we are on the topic, I will be setting a
speCial Board meeting for Monday at 10:00 a.m. Is that agreeable with
everyone? Louisa will sign a waiver. Okay. Ten o'clock Monday morning,
a special meeting. Anyone else like to address the Board, last chance?
(No response.)
COUNCILWOMAN HUSSIE: Can I just say one thing. Those of you who
may or may not be here on Monday at 10:00 o'clock for the special meeting
to establish the electric utility, and also the gas utility have to know
that past practice has it that as soon as we do this LILCO will come, and
call you on the phone, and do a door to door campaign to explain why you
should not do this, and what a terrible thing it is. They have done that in
the Lynnbrook Farmlngdale attempted effort, and I am sure they are
going to do it here. But, you understand that a lot of the stuff that they
328 MAY 26, 1998
say is not actually true. They are particularly concerned because of the
LILCO/LIPA situation if a number of customers go off line, and if they
lose all of Southold, which is a $19,000,000 plum, it will make an impact.
So, be prepared.
SUPERVISOR COCHRAN: I am going to forego Board reports, but I would
like to share with you one particular piece of information. I had a courtesy
call by Cross Sound Ferry, and they wanted to share with me that they
would be replacing their one ferry the Norstar, and they wanted us to
know that, they did find a boat to replace' it from Prince Edward Island.
They used to have ferries that ran between Nova Scotia and Prince Edward
Island. It is where you get off the ferry the bagpipes are there. It's
great. But, they built a bridge dnfortunately so they. no longer need the
ferries, and they were able to obtain this. It appears .in the DEIS which
was given to the Planning Board on page 8, so they did notify in their
DEIS that the Norstar would be placed due to inadequate cabin and
passenger accommodations. Just so that it is clarified,, and everybody
knoWs. May I have a motion to adjourn?
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
9:32 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Southold Town Clerk