HomeMy WebLinkAboutTB-09/01/1998SEPTEMBER 1, 1998
SOUTHOLD TOWN BOARD
SEPTEMBER 1. 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.
9:00 A;M.-9:30 A.M. Updates by Town Board members. Supervisor Jean
Cochran reported that Richard Ryan, Chairman of the ~outhold Town Land
Preservation Committee has advised her that the town's purchase offer on the
property at Fishers Island has been accepted. Supervisor Cochran also stated
that the Greenport Village Board plans to attend the meeting this evening to ask
for an extension of the moratorium to include the area east of Porky's
Restaurant to Manhanset Avenue, Greenport. Councilman Romanelli stated
that he feels that this is a hardship for someone who currently owns and
operates a business and asked how it will affect someone doing alterations or
renovations on existing buildings. Councilman Moore responded that you could
still file and have your application processed, only you wouldn't receive your
permit. Councilman Romanelli said that he was talking about a business who is
properly zoned and would not need a variance or anything. He views this as a
severe hardship. Councilwoman Hussie questioned the goal of the moratorium,
that the Board might possibly Change zone of the zoning at the end of the 9
month period. The Board agreed that after reviewing everything during this
period, there Could be zoning 'changes. Supervisor Cochran stated that she
doesn't view it as a hardship. In her opinion prior Town Boards have not been
strong enough in the past to make this tough decision. She doesn't believe that
businessmen will be injured by it. They Will not be putting anyone out of
business during this period.. Councilman Moore cautioned that any changes in
text or boundaries, and it will have to be re-evaluated and re-advertised again.
Councilman Murphy suggested adopting and t.hen making changes at a later
time. Town Attorney Yakabosl(i suggested dmng a separate local law for the
area east of Porky's Restaurant. It would be a Type II action under SEQR.
Councilwoman Hussie questioned if someone has a building permit in their
hand, can they go ahead at this time? The Town Attorney answerec~ yes, as
along as' they have all of the approvals that they need Including the Health
Department approval. Councilman Moore said that the moratorium is to maintain
a status quo. At the end of the moratorium during which time they have
studied all of the properties and zones, they may recommend changes in some of
them. Councilman Romanelli said that his understanding of the moratorium was
to stop new structures and if it is going to stop pre-existing businesses,
then he is against it. A letter of recommendation has been received from the
Planning Board to adopt it as is, then, do a separate local law for the area east
of Greenport. Supervisor Cochran advised that it will go on as it is today and
the board members can vote how they feel.
9:35 P.M.(9:15 A.M. Appointment) Eastern Outboard Racing Club Mr. Ed
NicholSon ~advised that he would like to give the Board a proposal for some
sort of event in town waters. They were looking at the area in the creeks
because the boats are small, 10 feet in length, and it would be safer. Town
TrUstee Henry Smith informed him that our creeks have a 5 mph speed limit.
Trustee President Albert Krupski also advised that these are heavily populated
residential areas. Mr. Nicholson questioned if the speed limit would be the
same during a special event. He received an affirmative reply from the
Board.Councilman Murphy voiced the same opinion that he does not like the
creeks because there is too much development in these areas. He suggested that
a~good place to go would be in Peconic Bay in between Town and Goose Creeks
where the Southold Yacht Club holds their regattas. Supervisor Cochran
questioned the maximum speed of the boats. Mr. Nicholson replied ~5 mph
Which depends on the sites and tides are always an issue. Events are held on
Sundays only, although it is a ~, hour event, the engines run for less than 1
hour· The Board was of the opinion that they should look into an area such as
Orient Harbor, perhaps in between the causeway where they would have plenty
of room. Councilman MurPhy inquired the number and locations of events
currently held. Mr. Nicholson replied that they have !~, at North Sea Harbor,
Flanders Bay and Cold Spring Harbor. The Town Board advised them that the
Town Insurance Agency will be consulted and that they should work with the
Town Trustees for an acceptable location with full consideration of impact on the'
surrounding areas.
9:50 A,M, Appointment -Discussion with Town Trustees of town dredging
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SEPTEMBER 1, 1998
On motion by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board enter into Executive Session at 11:08 A.M.
to discuss litigation, property acquisition, personnel. Vote of the Board: Ayes:
Councilman Murphy, Councilman ~Romanelli, Councilman Moore, Justice Evans,
Counciwoman Hussie, and Supervisor Cochran. Also present: Town ~Clerk
Elizabeth Neville and Town Attorney Gregory Yakaboski.
Executive Session ended at 12:30 at which time the Board recessed for lunch
until 1:30 P.M.
The Board reconvened the work session at 1:it5 P.M.' and reviewed the IV For
Discussion Items: IV 1.. Long Island Association, Inc. - Coalition for Mandate
Refo,... The Board was in agreement with the concept of this organization in
that if an agency mandates something, they should also provide the funding for
it. (See Res..olUtion No. 15). IV. 2. Salary Structure - Custodial Worker III.
(see Resolution No. 16). IV. 3. Referendum Items for 1998 General: ElectiOn.
There will. be tw° town propositions on the ba!lot in the 199'8 General' EleCtion:
(1) ImPo.sing the tax for the 2% landtax bill; and (2)$2,000,000.00 Land
preservatio.n. Bond. IV. ltl .RequeSt of Solid Waste CoordinatOr Jim eu~huck
for :leaVe time. ResolUtion No. ~17). IV. 5. EmPloyee Handbook Will
15, 1998 meeting. IV. 6. Amendment of Chapter itS: to
~ as being able to review and :isSue building permits,
~p~ ;was held for discussion on September 15, 1998~ IV 7.,
Disposition of Law Books from the Town Attorneys Office. ~ (Sec
ResOlUt~°n' No. 18 IV. 8. Early Retirement IncentiVe-Payment of. Medical
Insurance Preml who choose to retire at age SO versUS age
55? The ~sed the matter with Town Comptroller John Cushman
Who ~t they must make a decisi°n by December 31/ 1998. iV.
Re: electric company - to be discussed at next
1998.
2:0? P:M. Appointment ~- Kevin McLaughlin & Robert Mills met with the Board
to ihqUlre their interest in developing a town park on the Oyster Ponds School
District property at East Marion where the tennis courts are located. They
proposed that the town lease the property from the schOOl district and construct
a ball ~fieid and memorial to former Oysterponds Superintendent Charles
y away. Supervisor Cochran liked' the idea and
to see a recreation area in the ~eastern portion Of ~the
town. are
rods.
Continuation of the review of IV For Discussion .Items: IV. 10. Yellow Garbage
Councilwoman Hussie spoke with Town Clerk and: Solid Waste
a charge 'acCOunt system will be set up for the businesses who
' the box tO ehmmate the need for them to :come to town hall to
¢ing them up at the landfill., will now be
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The !Work Session ended at 5:15 P.M.
REGULAR MEETING
A Regular Meeting .of the Southoid Town Board was held on
September 1, 1998, at the Southold Town Hall, Main Road, SouthOld, New
York. Supervisor Cochran opened the meeting at 4:30 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. Yakaboski
SUPERVISOR COCHRAN:
September 1, 19987
May I have a motion to approve the audit of
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town in the amount of $83,773.36; General Fund Part
Town bills in the amount of Sqtt0.78; Community Development Fund bills in
the amount of $27,315.28; Highway Fund Whole Town bills in the amount of
$3,864.69; Highway Fund Part Town bills in the amount of $7,325.89;
Capital Projects Account bills in the amount of $5,900.00; Open Space
Capital Fund $633.75; Computer System Upgrade bills in the amount of
$1/~,u,19.~7; Employee Health Benefit Plan bills ~n the amount of $39,058.77;
Fishers Island Ferry District bills in the amount of $12,528.77; Refuse
Garbage District bills in the amount of $2,~08.99; Southold Wastewater
District bills in the amount of $20,517.98; Fishers Island Sewer District
bills in the amount of $375.00; Fishers Island Ferry District Agency
Trust bills in the amount of $356.06.
Vote of the Town Board.: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the August 18, 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.
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, September 15, 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 today to the
Mattituck Rockets. I have a proclamation on behalf of the Town Board to
congratulate you on your achievement. May I have you all up front? Turn
around and face the camera. The proclamation does list all the players
names, but I think what we will do is let them introduce themselves, rather
than my just reading the names, because we won't know what name belongs
to whom. Why don't you start here, and say nice and loud who you are?
SEPTEMBER ~1, 1998
Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS, the Town Board of the Town of Southold wishes to recognize
THE MATTITUCK ROCKETS, a team in the MATTITUGK SOCCER CLUB,
LONG ISLAND JUNIOR SOCCER LEAGUE,for winning the Waldbaum's
Long 'lgland Cup Championship in the under-17 age.group, the first
MATTITUCK SOCCER CLUB team to place as Finalist~ ~n the. State Cup;.
and
WHEREAS, this championship is an example of the spirit, dedication,
team work and sportsmanship of THE MATTITUCK ROCKETS as they
defeated such formidable opponents as. Stony Brook 2-0, Middle Country
3-2, Franklin Square 9-0, Cambria Heights 5-0, and finally winning over
Mastic $-1; a nd
WHEREAS, the importance of the skill, pride and commitment of. the
coach, parents, families, and team supporters cannot be overstated as THE
MATTITUCK ROCKETS were guided toward this outstanding
accomplishment; now, therefore, ' be it
RESOLVED that the Town Board of the Town of Southold wishes to
publicly congratulate THE MATTITUCK ROCKETS for winning the
Waldbaum's Long Island Cup Championship; with deep appreciation to
the team, the coach, and the parents for the positive example they have
provided to the youth of Southold Town.
ROCKETS
- -Coach
Mahammad Baig
Rob Dickerson
Will Hayes
Kevin LJtehult
Jeremy Tomaszewski
DATED: September 1, 1998
Vote of the Town Board:
RomanellJ, Councilman Moore,
Supervisor Cochran.
This resolution was duly ADOPTED.
ino
)rdan
Councilman
Jstice Evans,
Dave Caterall
John Harrison
Sean Kelly
Joe McHeffey
Chris Zay
Murphy, Councilman
Councilwoman Hussie,
I. REPORTS.
SUPERVISOR COCHRAN: Each month reports are given to the Town Board
for their updating, and there information from the different departments
and committees.
1. Southold Town Trustees Monthly Report foF July, 1998.
2. Southold Town' Planning Board Monthly Report for July, 1998.
3. Fire Inspection for the Summer of 1998.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: We had a public notice from the Department of
Transportation in relation to the school zone speed limits, and the flashing
beacons that were requested for Laurel, Mattituck, Peconic, Southold,
Greenport and Orient. I think that is for the speed limit for all the
schools. The beacons were only requested for Cutchogue, of which we did
get an approval, but it would not be at the State's expense of putting them
up. It would be at the expense of the town, so I have talked with Mr.
Elwood of the Mattituck School District, and when our Higkiway
Sbperintendent comes back from vacation, we will be looking at the cost. We
do not have the money in the budget to do this, but the school will
consider it, if they have more of an idea of a cost, so we are working
closely with them.
1. New York State Department of Transportation investigation
regarding school zone speed limits and flashing beacons request for Laurel,
Mattituck, Peconic, Southold, Greenport and Orient with the Town of
Southold.
SEPTEMBER 1, 1998
Ill. COMMUNICATIONS.
SUPERVISOR COCHRAN: We have had communications, one from the
Southold Historic District Committee in relation to the Historic District,
and a thank you from Parnell Wickham and Walter Krupski, co-chairs of
the Douglas Moore Concert. They wanted to thank the Board for their
support, and a thank you from Jim Grathwohl to the people of FiShers
Island. When we went over there they were kind enough to give him a tour
of the island, and: the museum. Then a letter to Superintendent Of Highway
Jacobs in relation to a fast request. Usually our Superintendent of
Highways if you have a concern, or a complaint, he tries that very same
day to go out and make the correction if it ..is something minor.
1. Maureen C. Ostermann, Chairperson of Southoid Historic District
Committee to Thomas oelerich, Regional Engineer, New. York State
Department of Transportation in regard to Southold National Historical
District.
2. Parnel Wickham and Walter J. Krupski, Jr., Co-Chairs of the
Douglas Moore Memorial Concert with thanks for supporting the concert.
3. James F. Crathwohl to Mrs. Harold Williamson, Jr., Vice President
of Fishers Island Conservancy with thank you for personal tour and
orientation of FishE .rior to Annual Town t Fishers
Island with thank , to Supervisor Cochran for;
t~. and Teresa Taylor thanking Highway Superintendent
of for quick response.
IV. PUBLIC HEARINGS.
1. 5:00 ?.M., on a proposed "Local Law in Re!ation to A..Temporary
MoratoriUm ~oi~ the:~lssuance of approvals and/or permits for Business Zoned
Property Along the County Road /~8 Corridor in the Town of Southold".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy, that
prior to the enactment of the resolutions on that agenda, we give the public
the opportunity for input, and at the end of the meeting we also allow time
for anyone to give input to the Town Board, or expressions or concerns,
on any Town business. So, at this time I ask if there is anyone that has a
comment to make in relation to any of the planned resolutions, please, feel
free now. Mr. Carlin?
FRANK CARLIN: Frank Carlin, Laurel. Number eight, it is very strange I
was going to include that young lady in my issues tonight, but I see you
have it as a resolution, so I will do it now. The senior citizens of this
town should be very proud to have such a young lady like this working for
the Human Resource Department in the Town of Southold. I know from some
experience. You call her up, she is not one of these kind that will say, I
will call you back, you wait maybe a week, sometimes you never get a call.
She gets many times right on the case, gets the iob done. She is doing a
wonderful job, and also her associates. Senior citizens of this town should
be very proud of her. Also the Town Board should be very proud of such
an employee working for them.
SUPERVISOR COCHRAN: We are, Frank. Thank you for the nice words,
we recognize her value to the operation up there. Would anyone else like to.
address the Town Board on any of the printed resolutions? (No response.)
1.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the First Presbyterian Church-of Southold to hold their
annual Crop Walk on Sunday, October 25, 1998, beginning at 1:00 P.M. at
the Southold High School and ending before 6:00 P.M. back at the high
school, using the following town roads in Southold, provided they file with
the 'Town Clerk a One Million Dollar Certificate of. Liability Insurance
naming the Town of Southold as an additional insured: Horton~s Lane, Booth
Road, Soundview Avenue, Mr. Beulah Avenue, Old North Road, and
Boisseau Avenue.
SEPTEMBER 1, 1998
1. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
2.-Moved by Councilman Romanell|, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Knights of Columbus, Marion Council No. 3852,
Cutchogue, New York, to use Depot Lane from New York State Route 25 to
Sacred Heart Cemetery for a Pro Life March to the Shrine of the Unborn at
Sacred Heart Cemetery, on Saturday, October 10, 1998, beginning at
approximately 10:30 A.M.,. provided they file with the Town Clerk a One
Million Dollar Certificate of Insurance naming the Town of Southold as an
additional insured.
2.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli~' Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was. duly ADOPTED.
3.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Ocean & Coastal Consultants, Inc. to conduct water quality and
benthic community sampling and analysis, at Goldsmith Inlet, at a cost not
to exceed $7,100.00, as part of the Southold Town Erosion .Study.
3.-Vote of~ the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Meore, Justice Evans, Councilwoman Hussie,
Supervisor COchran.
This resolution was duly ADOPTED.
COUNCILWOMAN HUSSIE: It is not fair really for us to laugh, and nobody
knows why we laugh. I was laughing. Explain why we were laughing.
SUPERVISOR COCHRAN:
dwelling.
We learned a new word today. Benthic, bottom
4.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Lauren M. Standish provisionally to the position of Clerk-Typist in the
Office of the Town Trustees, effective September 3, 1998, at a salary of
$22,685.
4. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This reselution was duly ADOPTED.
5.-Moved by Justice Evans, seconded by Councilwoman Murphy, 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.6772.~.100.125 Programs for the Aging, C.E.
Supplies & Materials
Kitchen Supplies $ 1,500.00
From:
A. 6772. u,. 100. 150
5. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Programs for the Aging, C.E.
Supplies & Materials
Disposables
Councilman
Evans,
$ 1,500.00
Murphy, Councilman
Councilwoman Hussie,
6.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, 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.3120.o,. 100.100 Police, C.E.
Supplies S Materials
Office Supplies ~ Stationary $ 2,200.00
A.3120.2.200.300 Police, Equipment
Office Equipment
Filing/Storage Equipment 733.00
SEPTEMBER 1, 1998
&7
A.3640.2.500.700
From:
A.31~0.2.500.400
A.3120.2.500.500
A.3120.2.500.800
A.3120.2.300.100
-Emergency Preparedness, Equipment
Other Equipment
Communications Equipment
Police, Equipment
Other Equipment
Rad lo Equipment
Police, EqUipment
Other Equipment
Radio Equipment
Police, Equipment
Other Equipment
Light Bars
Police~ Equipment
Motor Vehicles
Automobiles
6 .-Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
1,299.97
$ 1,299.97
405.00
328.00
2,000.00
Councilman MUrphy, Councilman
Evans, Councilwoman Hussie,
7.-Moved by Justice
RESOLVED that
resolution no. 11 of
Commissioners of the
Timothy J. Keating
read at a salary of
$15.25 per hour.
7. -Vote of
Romanelli,
Supervisor Cochran.
by Councilwoman Hussie, it was
Board of the Town of Southold amends
~, 1998, granting permission to the Board of
Island Ferry District to engage the services of
Il-time ~Ferry Captain, effective immediately, to
hour, rather than the erroneous salary of
Ayes: Councilman Murphy, Councilman
Justice Evans, Councilwoman Hussie,
This resolution was duly ADOPTED.
8.-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Karen McLaughlin to the position of Senior Citizen Program Supervisor at
a salary of $35;068.61,~. effective September 1, 1998.
8.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman: Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
9.-Moved by Councilman
RESOLVED that the
the General Fund Whoi
To:
Revenues:
A. 2025.00
Appropriations:
A. 1620.2.500. 100
seconded by Justice Evans, it was
of the Town of 5outhold. hereby modifies
Town 1998 Budget as follows:
pecial Recreational Facilities
a~k F~ Playground Funds
Buildings & Grounds
Capital Outlay
Chamber Booth Improvements
15,000.00
$ 15,000.00
COUNCILMAN MURPHY: This $15,000 is to add to a special grant that we
have from the State fbr $25,000 to move and rebuild the tourist information
booth in Greenport.
· ,~ 9.-Vote of the Town~: Board: Ayes:
Romanelli, Councilmah Moore, Justice
Supervisor Cochran.
- _ This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
SEPTEMBER '1, 1998
10.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town' of Southold hereby
authorizes and directs the Town Clerk to advertise for resumes for EISEP
Aides to help maintain elderly clients in their homes who need help with
housekeeping and errands, to work 17 1/2 hours per week, at a salary of
$7.23 per hour.
10.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman HussJe,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Number 11 we will hold. We are waiting for it as
far as the $2,000,000 bond issue. We have to take action on that today, and
we are waiting~for some wording from the bond counsel. So, we are hoping
that it will come through anytime.
12.-Moved by Councilman Moore, seconded by Councilman Romanelli,
WHEREAS, Section u,85-b of the Real Property Tax Law was amended
effective January 1, 1995 to provide exemption from real property tax and
ad valorem levies for certain business investments in .order to provide for
economic resurgence within the State of New York and increased total
assessed value of real property, and
WHEREAS, such law provides for the creation of county industrial and
commercial incentive boards in order to strategically target tax abatements
to those industries and geographic areas considered to have the highest
potential for succesSful development, and
WHEREAS, the Suffolk County Legislature by Resolution No. 0,8-1995
adopted Local Law: No. 9-1995 establishing an Industriarl and Commercial
Incentive Board; and
WHEREAS, the Industrial and Commercial Incentive Board is charged with
the preparation of a plan for consideration by the Suffolk County
LegiSlature that wil~l define strategic geographic areas and businesses that
will be eligible for real property tax exemption pursuant to applicable
State Law; and
WHEREAS, the Town Board of the Town of Southold is desirous of taking
part~n~hms pr gram; now, therefore be it
RESOLVED that the Town Board of the Town of Southold does hereby
authOrize the Town~ Clerk to-forward the Town of 5outhold's Industrial and
Commercial Incentive Plan report to the Suffolk County Executive and the
Suffolk County Industrial and Commercial Incentive Board for inclusion in
the Industrial and Commercial Incentives Program, with the understanding
that the Town~ will continue refining and amending the program as presented
in the enclosed report; and be it
FURTHER RESOLVED that upon the review and recommendation of the
Suffolk County Industrial and Commercial' Incentive Board, this Town Board
will amend the Code of the Town of Southold in order to allow the Town
Assessor to apply~that exemption schedule made part of Section ~85-b of the
Real.property Tax Law.
COUNCILMAN MOORE: What all that gobbley gook means is that what
we are trying to do is target certain businesses to the town, and we have
focussed on ag type business, mariculture, and tourist related
businesses to be located in those areas in town where they are supposed to
be located, and to encourage that, and it relates to existing businesses,
and new businesses. There are tax incentive programs, that can be
offered, and we are trying to participate on a Countywide basis with that.
If the school districts are so inclined they can choose to participate as
well. So, recognizing that the beautiful east end is not separate, and
apart, and distinct from a vibrant economy, this is our part of providing
tax incentives to keep the economy rolling right along out here.
12. - Vote of the Town Board: Ayes: Councilman
Romanelli, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
Murphy, Councilman
Councilwoman Hussie,
SEPTEMBER 1, 1998
COUNCILWOMAN HUSSIE: I am voting yes, and I want to have everybody
realize that the mention that Mr. Moore made about the fact that the school
district can take part in this, toa, is probably the most important part of
this whole thing. ! was not particularly keen on it ih the beginning until
it was pointed out to me that the school district would be able to take part
in it. I was thinking of just ourselves as the town a taxing entity, and we
could do this on our own, but this includes the school districts. We have
no control over what the school districts do, hOwever, as you know 65% or
more of your tax bill is schOol taxes, so you have to get going, and talk to
your school boards about adopting, or becoming part of this venture, or
else it is not going to have much impact.
13.- ~cilman Moore, it was
ronmental Quality Review Act
and 6 et.seq, temporary moratorium for the
Route 0,8 corridor is a Type II action (6 NYCRR 617.5 (30) which
requires no "further responsibilities" under SEQRA (6NYCRR 617.6) by
the Town Board.
13. -Vote Board.: Ayes: Councilman
Romanel re, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUI
the
we can pass
hearing
15.-Moved by Justice
WHEREAS, the
reducing
districts in New
RESOLVED that
actions to become
Murphy, Councilman
Councilwoman Hussie,
We.are going to hold 10,, because it relates to
to go through the public hearing first, before
so :~we are going to hold that until after the public
t° 15. -
~s, seconded by Councilman Murphy,
goal of the "Coalition for Mandate Reform" is
State mandates on local governments and school
Town Board hereby resolves to take and all
of the "Coalition for Mandate Reform".
COUNC
of a bare
convince
think
municipalities. It
some tim&. Lm
successful
from the grass
as was descrq
participate
so this resolution
I vote to just explain this thing, it is kind
Island Association has tried for some time to
the State Legislature enacts laws they have to
impact of thOse laws on county and local
mandate, which was talked about for quite
sociation apparently'doesn't feel they were very
level, so they are going to try and .start
way back up. The bottom up approach
us~ so they have asked all local jurisdiction to
d~aw attention of Albany to the unfunded mandates,
to that as far as dealing with unfunded mandates.
SUPERVISOR COCHRAN: If they want to pass them, put the money with
it. So, hopefully th~s will have some impact.
15.-Vote of the BOard: Ayes:
Romanelli, Justice
Supervisor
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Counci Iwoman Hussie,
16.-Moved by Councilman Murphy, -~econded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby creates
the position of Custodial 'Worker III and establishes the following salary
scale:
1/1/98
Entry 27,565.00
I 32,692,30,
2 33,699.50,
3 3ir, 60,1.71
0, 35, 60,8.91
5 36,656.07
16. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBER1, 1998
SUPERVISOR COCHRAN: I would just like to explain a little bit about this
resolution we just passed. As far as the position of Custodial Worker III,
We are not sure if we are going to need it or not, but one of the things
that is being presented to the Board at the time of the budget is to merge
two departments, the Parks, and Custodial staff, and would be treated as
Building and Grounds. We think it would be more efficient. We think that
more. productivity: and so the Board will be discussing that, but if we do
go in that direction, then we would like to have a C~ustodial III worker,
wh. ich 'is his job description ~he can supervise, others, so it is some of the
things we are looking at as we work through the budget.
17.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of. Southold hereby grants
Solid .Waste Coordinator . James Bunc~uck a leave of ~absence of
apProx.mately 23 days start, ng with .t. he blrth°f his child in October~.. three
days. of eave starting the day'Of deliverY, then 20 additional days taken in
1/2 day increments.
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 Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby declares
as surplus the following listing of town law books; and be it
FURTHER RESOLVED that the Town Board of the Town of Southold
hereby authorizes and directs the Town Attorney to dispose of .them at his
discretion:
McKinne¥'s Consolidated Laws of New York Annotated Complete Set
Complete Set -Good through 1996
Shepard's New York Statute Citations 1995 Volumes 1-5
with March 1997 Cumulative Advance Sheet
Shepard's New York Miscellaneous Citations 199~ Volumes 1-~
with March 1997 Cumulative Advance Sheet
Shepard's New York Court of Appeals Citation 1993 Volumes 1-10
with April 1995 Cumulative Supplement
October 1996 Cumulative Supplement
March 1997 Cumulative Advance Sheet
Shepard~'s New York Supreme Court Citations 1995 Volumes 1-12
with 1'996 Annual Cumulative Supplement
January 1976 Cumulative Supplement
March 1997 Cumulative Advance Sheet
18 .- Vote of the Town Board: Ayes: Councilman
Romanelli, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
Murphy, Councilman
Councilwoman Hussie,
19.-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 preparation of a topograph!cal map of the
landfill which is necessary for the landfill closure plan.
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 Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes' and directs the Town Clerk to advertise for resumes for members
of the Southold Town Agricultural Advisory Committee.
20.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelll, Counci.lman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That's the end of the resolutions at this point.
We have eleven yet. Has anything come through yet? That is on resolution
#11, and the bond issue. We have one minute before we open the public
hearing in relation to the moratorium. May I have a motion to adjourn for
.the public hearing?
SEPTEMBER 1, 1998
Moved by Justice Evans, seconded by Supervisor Cochran, it was
RESOLVED that a recess be called at this time, 5:00 P. M., for the
purpose of holding a public hearing.
Vote of the Town Board: Ayes: Councilman
Romanelli, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened 5:15 P.M.
SUPERVISOR COCHRAN: We will move to resolution #1t~.
Murphy, Councilman
Councilwoman Hussie,
14.-Moved by Supervisor Cochran, seconded by Councilman Murphy,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the u, th day of August, 1998, a Local Law entitled, "A Local
Law in Relation to A Temporary Moratorium on the Issuance of Approvals
and/or Permits for Business Zoned Property along the County Road
Corridor in the Town of Southold, and
WHEREAS, a public hearing was held on this Local law on the 1st day
of September 1998, at which time all interested persons were given an
opportunity to be heard thereon, now, therefore, be it
RESOEVED that the Town Board of the Town of S0uthold hereby enacts
the following Local Law:
A Local Law in Relation to a Temporary Moratorium on the Issuance of
Approvals and/or Permits for Business Zoned Property Along the County
Road q8 Corridor in the Town of Southold
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Section 1. Purpose.
The Town Board finds that increased growth and development within the-
Town of Southold are placing pressures on the infrastructure of the Town
including such things as water supply, traffic Impacts, and the neces~ity to locate
businesses in su'~ble zoning distrk~s located in areas which are best suited for
the placement of such businesses. To insure that economio a~vity;takes place
in'desirable locations thereby maximizing existing character of the Towffs .....
hamlet centers, an examination of the existing zoning along Route 48 from
Mattituck to Groenport is necessap! and is an important and appropriate subject
for study in detail. This study is past due. This Local Law is intended to
preserve the status quo of the Route 48 corridor to provide the Town Board an
opportunity to review the zoning of properties along the Route 48 corridor, the
likely impacts to the community based upon the existing zoning of properties
along Route 48, and to make amendments as to the level and nature of business
uses that am appropriate along Route 48 such that. these uses complement
existing hamlet economic centers and that businesses uses appropriate outside
hamle~ centers am provided ample location in which to be situatecL
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
Until nine (9) months from the effective date of this Local Law, after ~nlch
this Local Law shall lapse and be without further force and effect and subject to
any other Local Law adopted by the Town Board dudng the nine month period,
no agency, board, board officer or employcc of the Town of Southold including,
but no[ rm~ited tO, the To~vn Board, the Zoning Board of Appeals, the Trustees,
the Planning Board~ or the Building Inspector(s) issuing any building permit
pursuant to any provision of the Southold Town Code, shall issue, cause to be
issued or allow to be issued any approval, spedal exception, variance, site plan,
build'rog permit, subdivision, or permit for any of the following property uses
listed in ~ following sections of the Town Code within the following zoning
districts ~ich are located in the Route 48 corridor:. 100-61(B) and (C)
governing the Resort Residential Disfltct; t00-?I(B) and (C) governing the
Res'u~a~ial Office Distri~ 100-81(AX2), (3) and (B) and (C) governing the
Umited Business District; 100-10t(A) through (11) and (B) end (C) governing the
General BUsiness District; 100-130(A)(3) through 16 and (B) and (C) governing
the Light Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15)
and (B) and (C) governing.the Ught Industrial District.
Section 3. DEFINITION OF 'ROUTE 48 CORRIDOR"
The 'Route 48 Corridor' is hereby defined and identified as follows: from
a point beginning at the Riverhead/Southold Town Une on Sound Avenue east
along Sound Avenue continuing East along County Route 48 to a point ending at
the intersection (tf Route 48 and Route 25. The 'Route 48 Corridor' shall extend
one thousand feet (1000') north and one thousand feet (1000') south
respectively from the north road edge and the south edge of Sound Avenue and
Coun~Road48.
Section 4. EXCLUSIONS
SEeP?EMBER i, 1998
This Local Law shall not apply to any person or entity who has, prior to
the effective date of this Local Law, obtained all pe.iilts required for construction
of a building on any property located in the Route 48 corridor including later
applications to repair or alter, but not enlarge, any such ~llcling otherwise
prohibited during the period of thts temporary moratorium,
Section 5. AUTHORITY TO SUPERSEDE
To the extent and degree any provisions of this Local Law are construed
as inconsistent with the provisions of Town Law seotions 264, 265, 265-a, 267,
267-a, 267-b, 274-a, 274-b, and 276 this Local I.aw is Intended pursuant to
Municipal Home Rule Law Sections 10(1)(ii){d)(3) and se~on 22 to supersede
any said inoonsistent authority.
Section 6. VARIANCE TO THIS MORATORIUM
Any person or entity suffering unnecessary hardship as that term is used
and construed in Town Law section 267-b(2)(b) by reason of the enactment and
continuance of this moratorium may apply to the Zoning Board of Appeals for a
variance excepting the person's or entity's premises or a portion thereof from the
temporary moratorium and allowing issuance of a pe(~it all in accordance with
the provisions of the Southold Town Code applicable to such use or
construction.
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall
be adjudged by any court of competent jurisdiction to be invalid, the judgment
shall not impair or invalidate the remainder of this Local Law.
Section 8. EFFECTNE DATE
This L(x=ai Law shall take effect immediately upon filing with the Secretary
of State.
COUNCILMAN MOORE: I just want to make one comment, that everyone
who spoke at the public hearing it is obvious, but it wasn't, exactly said,
moratorium is holding things in the~ status quo, and Doc., you made a
good point, that we can't sit there and expect that this moratorium will
lead to the wholesale stripping of business zoned property on Route u,8. If
you go back, and look at the 1985 Master Plan studies and update studies
that were done, 'there is clear discussion in there of the need to separate
business uses, that are suitable for the hamlets, and business uses suitable
for the North Road. There is no suggestion that the North Road becomes
some pristine non-commercial route, and that all properties are just going
to suddenly disappear as business owned property, and certainly the
moratorium that we are doing here tonight doesn't affect that, or accomplish
that either. So there are some very tough choices that have to get made,
and it is time to do' it. It is long past time to do it. With that said, I
vote, yes.
14.- Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
SUPERVISOR COCHRAN: Number 11, do we have that wording?
l~.-Moved by Councilman Moore, seconded by Supervisor Cochran,
A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
ADOPTED SEPTEMBER 1, 1998, AUTHORIZING THE
ACQUISITION OF INTERESTS OR RIGHTS, INCLUDING
DEVELOPMENTAL RIGHTS, 'IN AGRICULTURAL LAND WITHIN
SAID TOWN FOR THE PRESERVATION OF OPEN SPACE5 AND
AREAS, STATING THE ESTIMATED MAXIMUM COST THEREOF
IS $2,000,000, APPROPRIATING SAID AMOUNT THEREFOR,
AUTHORIZING THE ISSUANCE OF $2,000,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION,
STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS
ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND
RESOLUTION AND DETERMINING THAT THIS BOND
RESOLUTION. SHALL BE SUBJECT TO A MANDATORY
REFERENDUM.
Recitals
WHEREAS, pursuant to Section 247 of the General.
Municipal Law, constituting Chapter 24 of the Consolidated Laws
of the State of New York (herein called "Section 247"), the Town
of Southold, Suffolk County, New York (herein called "Town"), is
authorized to acquire interests or rights in real property for
the preservation of open spaces and areas as defined in Section
247; and
WHEREAS, such acquisition of interests or rights in
land situate throughout the Town for the preservation of open
spaces and areas and maintaining and enhancing the conservation
of natural resources, as defined in Section 247, must be found,
determined and deemed to be necessary, in the public interest and
a proper public purpose of the Town in accordance with the
findings and determinations of the State Legislature as set forth
in Section 247; and
SEPTEMBER 1, 1998
WHEREAS, in pursuance thereof, the Town desires to
implement the land acquisition and financing program hereinafter
set forth and to authorize the issuance of land installment
purchase obligations for the purpose of financing the acquisition
of such interests or rights in real property:
now, therefore
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of
not less than three-fifths of all the members of said Town Board)
AS FOLLOWS:
Section 1. The Town is hereby authorized to acquire by
purchase, gift, grant, bequest, devise, lease or otherwise,
including the fee or any lesser interest, or development right,
easement, covenant or other contractual right necessary to
achieve the purposes of Section 247, in various parcels of real
property including, but not limited to, development rights in
open agricultural lands, within the Town, for the preservation of
open spaces and areas and to maintain and enhance the
conservation of natural resources, as may be authorized from time
to time, by the Town Board of the Town, after due notice and a
public hearing, pursuant to the provisions of Section 247 and
applicable provisions of the Town of Southold Code, including
incidental costs incurred in relation thereto, such acquisition
being hereby found, determined and deemed to be necessary and in
the public interest and a proper public purpose of the Town in
accordance with the findings and determinations set forth in
Section 247; provided, however, that no such right, including the
fee or any lesser interest, or development right, easement,
covenant, or other contractual right in any piece or parcel of
such lands shall be so acquired until all relevant provisions of
the State Environmental Quality Review Act (herein called
"SEQRA"), constituting Article 8 of the New York Environmental
Conservation Law, have been complied with and a final declaration
as to environmental impact has been duly declared by the entity
duly authorized to make such determination and declaration. The
estimated maximum cost of said class of objects or purposes,
including preliminary costs and costs incidental thereto and the
financing thereof, is $2,000,000, and said amount is hereby
appropriated therefor. The plan of financing includes the
issuance of $2,000,000 serial bonds of the Town to finance 'said
appropriation, and the levy and collection of taxes on all the
taxable real property in the Town to pay the principal of said
bonds and the interest thereon as the same shall become due and
payable.
Section 2. Serial bonds of the Town in the principal
amount of $2,000,000 are hereby authorized to be issued pursuant
to the provisions of the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (herein
called "Law"), to finance said appropriation.
Section 3. The following additional matters are hereby
determined, stated and declared:
(a) The period of probable usefulness of said class of
objects or purposes, as described herein, for which the serial
bonds authorized pursuant to this resolution are to be issued,
within the limitations of Section 11.00 (a) 21. of the Law, is
thirty (30) years.
(b) All or a portion of the indebtedness to be
contracted by the Town for the purpose of financing the
acquisition of such interests or rights in real property may be
issued in the form of a land installment purchase obligation or
obligations pursuant to the provisions of Section 29.10 of the
Law; any portion of said estimated maximum cost that is not
financed by the issuance of a land installment obligation or
obligations may be financed through the issuance of such bonds or
bond anticipation notes issued in anticipation of the sale of
such bonds.
· SEPTEMBER ~, ~98
77 f
(c) The proceeds of the bonds herein authorized and
any bond anticipation notes issued in anticipation of said bonds
may be applied to reimburse the Town for expenditures made after
the effective date of this resolution for the purpose or purposes
for which said bonds are authorized. The foregoing statement of
intent with respect to reimbursement is made in conformity with
Treasury Regulation Section 1.150-2 of the United States Treasury
Department.
(d) The proposed maturity of said $2,000,000 serial
bonds will exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds as well as any bond purchase obligation
shall contain the recital of validity as prescribed by Section
52.00 of the Law and said bonds and any notes issued in
anticipation of said bonds, shall be general obligations of the
Town, payable as to both principal and interest by general tax
upon all the taxable real property within the Town withou~
limitation of rate or amount. The faith and credit of the Town
are hereby irrevocably pledged to the punctual payment of the
principal of and interest on said bonds and any notes issued in
anticipation of the sale of said bonds and provision shall be
made annually in the budget of the Town by appropriation for (a)
the amortization and redemption of the bonds and any notes in
anticipation thereof to mature in such year and (b) the payment
of interest to be due and payable in such year.
Section 5. Subject to the provisions of this
resolution and of the Law and pursuant to the provisions of
Section 21.00 relative to the authorization of the issuance of
bonds with substantially level or declining annual debt service
and of Section 30.00 relative to the authorization of the
issuance of bond anticipation notes and of Section 50.00 and
Sections 56.00 to 60.00 of the Law, the powers and duties of the
Town Board relative to authorizing bond anticipation notes and
prescribing the terms, form and contents and as to the sale and
SEPTEMBER 1., 1998_
issuance of the bonds herein authorized and of any bond
anticipation notes issued in anticipation of said bonds, and the
renewals of said bond anticipation notes, are hereby delegated to
the Supervisor, the chief fiscal officer of the Town.
section 6. The validity of the bonds authorized by
this resolution and of any notes issued in anticipation of the
sale of said bonds, may be contested only if:
(a) such obligatiOns are authorized for an object or
purpose for which the Town is not authorized to expend
money, or
(b) the provisions of %aw which should be co~lied
with at the date of the publication of such resolution are
not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
11. -Vote of the Town Board: Ayes:
A. Romanelli, Councilman Moo~:e, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
(c) such obligations are authorized in violation of
the provisions of the constitution.
Section 7. A proposition for the approval or
disapproval of this bond resolution shall be submitted as a
Proposition to the qualified voters of the Town at the Special
Town Election to be held at the same time as the General Election
on November 3, 1998, and this bond resolution shall take effect
upon the approval of the Proposition by said voters of the Town
at that referendum vote.
Councilman Murphy, Councilman
Hussie,
Councilwoman
Evans,
11.- Moved by Councilman Moore, seconded by Supervisor Cochran,
B. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS:
Section 1. A Special Town Election of the Town of
Southold (herein called "Town"), in the County of Suffolk, New
York, shall be held at the same time as the General Election on
November 3, 1998, between the hours of 6:00 o,clock A.M.
(Prevailing time) and 9:00 o'clock P.M. (Prevailing Time) or as
much longer as may be necessary to enable the voters then present
to cast their votes, to vote upon the following Proposition
contained in the Notice of such Special Town Election hereinafter
SEPTEMBER 1, 1998
set forth, shall be submitted to the qualified voters, as
hereinafter referred to. The polling places in each of the
respective election districts of the Town shall be the same
polling places as shall be used at the General Election to be
held that day.
Section 2. The Town Clerk is hereby authorized and
directed to publish at least once in "THE TRAVELER WATCHMAN," a
newspaper published in Southold, New York, New York, hereby
designated the official newspaper .of the Town for such
publication, and to post on the sign board of the Town maintained
pursuant to subdivision 6 of Section 30 of the Town Law, said
publication and posting to be at least ten (10) days before such
Special Town Election, a Notice in substantially the form stating
that the Town Board will submit a Proposition for the approval or
disapproval of the Bond Resolution adopted at this meeting, the
title of which is set forth therein:
TOWN OF SOUTHOLD. NEW YORK
NOTICE OF PROPOSITION
TO BE SUBMITTED AT THE
SPECIAL TOWN ELECTION
TO BE HELD ON NOVEMBER 3, 1998
NOTICE IS HEREBY GIVEN that a Special Town Election of
the Town of Southold will be held at the same time as the General
Election on November 3, 1998, between the hours of 6:00 o'clock
A.M (Prevailing Time) and 9:00 o'clock P.M. (Prevailing Time),
and that the following Proposition will be submitted to the
qualified voters of the Town of Southold for their approval or
disapproval and will appear on the ballot in substantially the
following form, to wit:
PROPOSITION
SHALL THE RESOLUTION ENTITLED: "Bond Resolution of
the Town of Southold, New York, adopted September
1, 1998, authorizing the acquisition of interests
or rights in real property, including, but not
limited to, developmental rights in open
agricultural lands, within said Town, for the
preservation of open spaces and areas and to
maintain and enhance the conservation of natural
resources, stating the estimated maximum cost
thereof is $2,000,000, appropriating said amount
therefor, authorizing the issuance of $2,000,000
serial bonds of said Town to finance said
SEPTEMBER l, 1998
appropriation, stating that land installment
purchase obligations are authorized to be issued
pursuant to this bond resolution and determining
that this bond resolution shall be subject to a
mandatory referendum," BE APPROVED?
An abstract of said bond resolution, concisely stating
the purpose and effect thereof, is as follows:
FIRST: RECITING that pursuant to Section 247 of the
New York General Municipal Law ("Section 247"), the Town of
Southold ("Town"), is authorized to acquire interests or rights
in real property for the preservation of open spaces and areas
and maintaining and enchancing the conservation of natural
resources, as defined therein; that such acquisition of interests
or rights in real property throughout the Town must be found,
determined and deemed to be necessary, in the public interest and
a proper public purpose of the Town in accordance with the
provisions of section 247 and the Town desires to impelement the
land acquisition and financing program hereinafter set forth;
AUTHORIZING the Town to acquire ~y purchase, gift, grant,
bequest{ devise, lease or otherwise, including the fee or any
lesser interest, or development right, easement, Covenant` or
other contractual right necessary toachieve the ~urpos~s of
Section 247, in various parcels of real property including, but
not limited to, development rights i~open agricultural lands,
within the Town, for the preservatio~'Of op~ spaces and areas
and to maintain and enhance the conservation of natural
resources, as may be authorized fr°m%ime to time, by the Town
Board of the Town, afterdue notice and a public h~aring,
pursuant to the provisions of.Section 247and applicable
provisions of the Town of Southold Code, including incidental
costs incurred in relation thereto, ~ch acquisition being hereby
found, determined and deemedt°' be nedessary and in the public
interest and a
with the findings
provided, however,
lesser interest, or
other contractual
shall be so acquired unti%
Environmental Quality
with and a final decl~
duly declared by the entity dgly
determination a~d declarati0n~
thereof is!$2,
and STATING the pl~
$2,000,000 serial bonds
of taxes upon all
pay the principal of ~ bond
in accordance
: forth in Section 247;
including the fee or any
easement, covenant, or
of such lands
· isions of the State
.ihave been complied
impact has been
maximum cost
said cost;
of
nd collection
the Town to
~ti~.thereon;
SECOND: AUTHORIZING the issuance of $2,000,000 serial
bonds of the Town pursuant to the Local Finance Law of the State
of New York ("Law"') to finance said appropriation;
THIRD: DETERMINING and STATING the period of probable
usefulness applicable to the class of objects or purposes for
which said bonds are authorized to be issued is thirty (30)
years; that all or a POrti~D of such bonds or any bond
anticipation notes may be issued in the form. of a land
installment purchase obligation or obligations pursuant to
section 29.10 of the Law~ the..pr~¢eeds of'the bonds may be used
to reimburse the Town f0~ expenditures made: after the effective
date hereof for the purpose for which s~id bonds are authorized;
and the proposed maturi~yiof said serial bonds will exceed five
(5) years;
SEPTEM[3ER 1, 1998
FOURTH: DETERMINING that said bonds and any bond
anticipation notes issued in anticipation of said bonds and the
renewals of said bond anticipation notes shall be general
obligations of the Town; and PLEDGING to their payment the faith
and credit of the Town;
FIFTH: DELEGATING to the Supervisor the powers and
duties as to the issuance of said bonds and any bond anticipation
notes issued in anticipation of said bonds, or the renewals
thereof; and
SIXTH: DETERMINING that a Proposition for the approval
or disapproval of this bond resolution shall be submitted to the
qualified voters of the Town at the Special Town Election to be
held at the same time as the General Election on November 3, 1998
and that this bond resolution shall take effect upon such
approval.
said Proposition shall appear on the ballot label to be
inserted in the voting machines to be used for voting in
substantially the following form:
PROPOSITION
YES NO
SHALL THE RESOLUTION ENTITLED: "Bond Resolution of
the Town of Southold, New York, adopted September
1, 1998, authorizing the acquisition of interests
or rights in real property, including, but not
limited to, developmental rights in open
agricultural lands, within said Town, for the
preservation of open spaces and areas and to
maintain and enhance the conservation of natural
resources, stating the estimated maximum cost
thereof is $2,000,000, appropriating said amount
therefor, authorizing the issuance of $2,000,000
serial bonds of said Town to finance said
appropriation, stating that land installment
purchase obligations are authorized to be issued
pursuant ~o this bond resolution and determining
that this~ bond resolution shall be subject to a
mandatory referendum," BE APPROVED?
By order of the Town Board
Dated: September 1, 1998
ELIZABETH A. NEVILLE
Town Clerk
Section 3. After said bond resolution shall take
effect, the Town Clerk is hereby directed to cause said bond
resolution to be published, in full, in the newspaper referred to
in Section 2 hereof, and hereby designated the official newspaper
of the Town for said publication, together with a Notice in
substantially the form as provided by Section 81.00 of the Local
Finance Law, constituting Chapter 33-a of the Consolidated Laws
of the State of New York.
Section 4. This resolution shall take effect
immediately.
SEPTEMBER 1, 1998
11. - Vote of the Town Board: Ayes:
B Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
SUPERVISOR COCHRAN: There will be a referendum on the agenda in
November for the $2,000,000 bond issue for the purchase of both open
space and farmland development rights. At this time' if there is any Town
business that any of you would like to share with us, or any information we
can share with you, now is the time. Mr. Carlin?
FRANK CARLIN: Good evening, ladies and gentlemen. Frank Carlin
from Laurel. Councilwoman Hussie, about a month ago I stood before this
Board complaining about being overcharged at the Landfill by 22 pounds. I
told you the problem that I had. What did you come up with to solve this
problem?
COUNCILWOMAN HUSSIE: You asked me, I am not trying to solve this
problem. You ca-~,-up with a few specific questions, one of which was, why
don~t we have a separate scale so the situation such as yours, which were
to remind everybody that your poundage that you brought in was not
accurately estimated by our scales, because they work in 20 pound
increments. I did look into a few things, and I came up with a few facts so
far. No decisions have been made. I have not discussed this with the
Board, although this seems to be my problem, it is our solution. Number
one, we can buy a scale which would be incremental in smaller numbers for
$2,300. We could have an attachment put on that scale,' which would do a
printout for another $650. Your are making a statement, because you think
we can use a bathroom scale. We talked to the County Department of
Weights and Measures. We can not do that. We have to have something, if
we are going to be doing any charging, we have to have something that is
absolutely valid and approved by the County. It is also .a scale that has to
be checked out every three months as you. know. We, also, looked at it
from the standpoint of how would we operate this thing, and where would it
be? It could probably be in the large building, but it would also probably
require a person to handle it. We are also concerned that if we have a scale
like that more and more people will not necessarily be using the old bags,
then we will have a real explosion of people, who .want to know exactly how
many pounds they are disposing of. So, that is where we are to this point.
FRANK CARLIN: Ms. Hussie, number one, I did not mention about any
bathroom scales. The Town Board made a remark about it. It was right on
TV. Several people remarked about that statement, when I mentioned it to
you. Some of you made a remark about that statement when I mentioned it
to you. Some of you made a remark, bathroom scale. I did not make that
remark.
COUNCILWOMAN HUSSIE:
weighted it.
You said you brought your stuff home, and
FRANK CARLIN: I didn't say bathroom scale. I said, I brought it home,
and had two scales that were pretty accurate.
COUNCILWOMAN HUSSIE: What kind of scales do you have Mr. Carlin?
FRANK CARLIN: I have a witness, and I showed you the affidavit that he
signed that he witnessed me weighting eighteen pounds, and when I went
over the landfill they measured me as forty pounds. Also, the fellow at the
landfill said to me, well, you would have been better off using the yellow
bag. Is that correct?
COUNCILWOMAN HUSSIE:
bathroom scale.
I just asked you why you didn't use the
FRANK CARLIN: Ms. Huss!e, those two red checkmarks, what does it
say? No plastics, no cardboard, newspapers, cans, or bottles. I had in my
material a cardboard box, plastic coathangers, and some broken tumblers
of my wife's. You are telling me to violate your own rules, because the
yellow bags list not to use it. Get your story straight.
COUNCILWOMAN HUSSIE: You have. got me there. You are absolutely
right. Maybe we should take notes.
FRANK CARLIN: Somebody better straighten out this operation, because I
will tell you another thing, I don't come to these Board meetings
unprepared, believe me. I will tell you another thing. I can get you a
brand-new potato scale, brand new $L[50. You don't need no $2,000. I can
get you a portable scale. Not, I can get you, but it can be purchased.
This potato scale weights zero to a thousand pounds; I can get you a
smaller portable scale, that will weight in half a pound increments, be more
a.rcurate, for $200.00. As far a.s I am going to say, ! am going to make this
statement of how far I am going to have to take it. The Town owes me
$.99, and I want it in a check. You overweighed. I can prove it, an.d you
got to do something about it, because if it happened to me it happei~ed t°
other peOPle. Don~t teli me about people gettin~ discouraged, and won't use
the yelloW, bags. So what? If I had uSed the yellow bag, I w°uldn[t have
saved no money, maybe saved a nickel, It woUld :haVe:cost me half. ! was
overcharged 22 pounds, not 18 pounds. Eighteen pounds from it0. pounds is
22 overcharged, or 93 cents more or less I'woUld ha~e Paid, instead
of ~etter get that thing straightened out, because you also
at the last Board meeting I was here we~:donJt have
~with small items
:now what~ is
too. I I in this ~cn0w quite a
I and
you ~ the
own might say one
more~, i on it now,
suPERVISOR COCHRAN: Yes, you may.
FRAN A couple of weeks ago, I got to say this, a couple of
wee put up a new fence to replace my old fence. It was
a for my wife's flowers. It wasn't a property line fence.
Noth.ing I Wanted to replace it with a nice white vinyl fence. I
said to myself, I had better call up the Town Hall, and make sure nothing
would-prevent this . i called up Ed Forrester. I said, do I need a permit
for this fence I am putting there, replacing it from the old one? Yeah, it
is $3~.00. I said, why? I am replacing the old .one. He said, it is different
mat~r]~l.r:!unbelievable. So, I went down and got the permit, come back, fill
it ou boom. I get back hOping to gret my permit. He says to
me take cash. I had cash With me $35.00. You don~t take cash?
Do sa card? No, we are not equipped to handle a Visa card,
a little box. Well, I went back, got a check, handed it back in.
Oh, I go any further, I thought it very strange the Building
Depa~ d~)esn't take cash, but you can walk into th~ ClerkJs Office,
and ~ill~ take cash for any permits you want. I continue on, so bring
it ~d I waited nine days, and finally got my permit. I don~t see
why we need that money that bad that we have to charge somebody for a
perm|t~' $35.00, for replacing a fence. Riverhead you don~t need'a permit
for ah¥ fence. Southampton you need a permit if it is over four feet I
under';canal. One more thing I want to speak on is about metal buildings,
small ibuildings. A lot of people build a house on an acr..e .or two acres, they
want~to .put up a little metal building, a 10 by 10 building for their lawn
mowers and stuff. Southold you need a permit for it, Riverhead you dOn~t
n.eed ~ permit providing it is no more than 100 square feet measured inside
d~ame~r.''' Why Southolc~? Do we need the money that bad? Unbelievable.
To p~t up..and it is not a bad looking fence, $35:00, and it was a
repl~i~ment, and it wasn't on the property~ line where It Could be critical,
like so many people, my neighbor, or the woods, I don t have any
neight:ibrs along the side of me, I have the woods on one side, and a little
bit ~ problem there on the other side of me.. It was just. a background for
my Wi~eJs flowers, and all the rigamarole waiting for nme days. I could
have ~ini.shed that thing off in five minutes, but we have to go through
that ~oning~!Code, that 18/~ page Zoning Code we got, and make some
chang~ in tl~ere, put some commc~n sense and reasoning in it.
SUPERVISOR' COCHRAN: Frank, I did share the circumstance with the
Board in one of our sessions, because it certainly doesn!t make sense to
rne, it is not a perimeter, it ~s in the middle, it is the same footprint, it
SEPTEMBER 1, 1998
is improving the property. I think your fence looks lovely. It doesn't make
sense to me, also, that is part of' the ....
FRANK CARLIN: Why don't you do something about it?
SUPERVISOR COCHRAN: We certainly will.
other thing.
It is on the list with many
FRANK CARLIN: While we are doing that, I mentioned that before to you,
knock off that $15.00 yard sale permit for the people in Southold. You have
one yard sale a year, Madame Supervisor, only one, and you got to charge
them $15.00. You need to have zoning, but you are tightening up the
people too much in this town. Believe me. I have been living here since
years back,, and we got along, and no problem, and but this zoning..if I
was Supervisor~ I would take that 18u, page book of Zoning Codes, throw it
out the window, and start from scratch.
SUPERVISOR COCHRAN: Thank you, Frank.
FRANK CARLIN: One more thing while I am here, and I won't bother you
no more. I will give somebody else a chance to speak. You mentioned
something about Route /~8, a referendum on that, and then I see you are
going to have a speed limit on Route U,8 from Cox Lane to Westphalia Road
to ti5 miles an hour. I can't understand a super highway, a four lane
highway, /~5 miles an hour, yet where there should be speed limits, which
is 25~ I'll give .;you a good example of one. Right in front of my house, it
is a two lane highway right by the Laurel bridge~ right across the street
there is a sign says, fifty-five miles an hour, a two lane highway
approaching a bridge yet. Those are the things I would like to see done,
not worry about a speed limit, which is four miles between COx Lane and
Westphalia Road, a forty-five mile an hour, on a super four lane highway
yet. Can you imagine the tickets. I bet you get a lot of money here in
revenue. Imagine the tickets the cops are going to give out there. They
are going to have a ball there, because a lot of your people from the city
are not going to realize it is ~5 miles an hour.
SUPERVISOR COCHRAN: Thank you, Frank.
WILLIAM J. MILLS: William J. Mills. I am speaking as I suppose first as a
Trustee of the Village of Creenport. Is there any possibility, and I just
have to direct these towards your attorney, whether you can set a hearing
date for the amendments to the moral[orlum? Is that something that you can
do now?
COUNCILMAN MOORE:
consider.
There is more than one amendment we want to
SUPERVISOR COCHRAN: There are several.
WILLIAM J. MILLS: It would just make us feel comfortable, I think, if' we
know the ball is rolling.
SUPERVISOR COCHRAN:
giving you my word.
It will be rolling, Jamie, believe me. I am
WILLIAM J. MILLS: The second item, I will take my Trustee hat off, and
put on my businessman's hat. Mr. Carlin reminded me of a point that has
been stuck in my craw for awhile now, and that Ts concerning the stickers
for commercial vehicle~ for the Town Dump. As a resident you can go get a
sticker, no charge.
SUPERVISOR COCHRAN: That's not true. $10.00 and $5.00 for the second.
WILLIAM J. MILLS: A commercial business is required to get a sticker for
each and every vehicle it owns, which to me is highly discriminatory, if we
are all paying a fee. as we go. 'We pay the per pound fee, when we go into
the dump, and that fee, I believe is the same for commercial and
residential, or residents and businesses.
SEPTEMBER 1, 1998
TOWN CLERK NEVILLE: Two dollars for residents without a permit, thirty
· t
dollars for a single axle commercial without a permit, slx y dollars for a
double axle commercial without a permit. It is a different fee.
WILLIAM J. MILLS: With a permit, whatever you bring into-the dump you
pay the same price per pound, either it's $.0u, per pound, or whatever.
What totally baffles me is if I have a pickup that I own privately I can pay
$10.00 and get a sticker, and I-can bring as much stuff to the dump, and
pay my $.0tt5 a pound. But step over here, and now businessmen with six
trucks, and I am going to take those same loads of stuff to the dUmps, I
have to now pay for a sticker for each one of those trucks.
COUNCILMAN ROMANELLI:
WILLIAM ,J.
beca
$.0
I have
the $.
chooses to
number
one
MILLS:
truck
SUPERVISOR CO;CHRAN:
Sixty dollars a truck.
is .the rationale? Why am I being penalized
I own six trucks? We are all paying the same
am going to pay for $.0u,5 a pound.
g in fifty tons as residents, I pay
of never understood why the town
who happens to own a
~vhat realistically do we do? I buy
Is extremely mconvement to always
around to make sure that one
dump run~ Thank you.
Mr. Samuels?
TOM SAMUELS: Tom Samuels. I want to kill two birds with one Town
to make a couple of comments. Number one,
Soul st waste management facility on th.e east end by far.
I have It is the .lEast expensive. It is the best run. It
spent less on solid deposal since the initiative of the DEC. It is way ahead
ahead of Easthampton, way ahead of Riverhead,
about half Shelter Island. A lot of credit for that goes to
Mrs. Huss been with the issue forever. I would also like to
commer in Romanelli's breath of fresh air reopening of the
It is long overdue, t, lt is long overdue the
ng of owners of business a change of use frOm a hat store
to a shoe store, or .whatever, the classical descriptions of What is needed
we all know The Planning Board has got enough to do,
and .' to BUilding Inspectors. If you don~t you have
what a mess. Everybody agrees it is a mess, and not just
fences. Something was brought to my attention by a farmer, who received
in the mail a docum&nt called, potential land developement modifications,
iration and re~¥is of AC District to establish the following operation
as use, principal use in that zoning district. Are you
merit? Is it real?
COUNCILWOMAN HUSSIE: Who is it from?
TOM SAMUELS: Unsigned. Does this come from the Planning Board, or
from the Planning Department? This document when you start talking about
moratoriums is one of the most alarming documents that I have ever read.
In this document the proposition would be, or maybe it is somebody trying
to rise the farmers up.
SUPERVISOR COCHRAN: Tom, I think where this comes from, because that
concept ~would certainly take away your equity from the farmer, it has come
through the Planning Department, but I think it is part ~of a report that
Steve Jones is going to be giving.
TOM SAMUELS: Who is?
SUPERVISOR COCHRAN: Steve Jones is head of Suffolk County Planning.
TOM SAMUELS: This is a rather unique document. It should get some
scrutiny by the public.
SUPERVISOR COCHRAN: It definitely will. I think he is going to present
it to the Planning Board and the Town Board at the same time.
SEPTEMBER 1, 1998
TOM SAMUELS: Let me just give you one example. If you remember a
previous administration was opposed to public water, in that it would
encourage development. This document would only allow residential property
where there was public water. It goes further to say that possibly
individual wells should be dug. Okay? A catch 22, or what, but this
is..you know I have known farmers. I moved here in '59, and I remember
there were 23 farmers in Cutchogue, and on a day like today they would all
be 'irrigating. You know where I live, down by the water. I am on the
edge of the bubble: the hydrological bubble, that exists 'under Southold
.Town. Yet.we certainly didn't have quantity problems, 'We had salt water
,ncursion In the summertime, When there was great use, and the
groundwater table was down, but now ali of a sudden we have quantity
problems. I don't perceive them. ! think that~the ten parts: per million, or
billion of nitrates is a.n .outrageous figure. There has never been any
i d~cabon of scientific indication that, that was a , but here we
have ;stuff that wants to save farmS
econOmical viable use. When you want
nothing i,' do
is farm, . and
iS more
in
of them"h
have sold 'all; I
to make a living in Southold Town.
Sidor, Frank McBride, and couple of
have the vineyards, which to some extent is a lit~l? (taPe change)
SUPERVISOR COCHRAN: IS there anyone else who would like to address
the Town Board? (No response.) If' not, '1 will enter~ain a. motion to
adjourn.
Moved by Councilwoman Murphy, seconded by CouncilwOman Hussie, it was
RESOLVEDthat this Town Board meeting be and hereby is adjourned at
6:00 P,M.
Vote of the Town Boar'd: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Su.pe~visor .CoChran. ~
Th,s'resolutlon was duly ADOPTED.
Elizabeth A.
Southold Town Clerk