HomeMy WebLinkAboutTB-09/29/1998 12:1
SEPTEMBER 29, 1998
REGULAR MEETING
A Re~lular Meeting of the Southold Town Board was held on
Sept~ember 29, 1998, at the Southold Town Hall, Main 'Road, Southold, New
York. Supervisor Cochran opened the meeting at ~i: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. Romanelll
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills
for September 29, 19987
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the following bills be and hereby are ordered paid:
General Fund Whole Town bills in the amount of $332,231.56; General Fund
Part Town bills in the amount of $9,110.61; Community Development Fund
bills in the amount of $15.057.16; Highway Fund Whole Town bills in the
amount of $9,900.42; Highway Fund Part Town bills in the amount of
$37,602.77; Capital Projects Account bills in the amount of $88,980.00;
Mattituck Creek Stormwater Capital bills in the amount of $16,176.40;
Employee Health Benefit Plan bills in the amount of $8t[,598.76; Fishers
Island Ferry District bills in the amount of $25,246.48; Refuse and Garbage
District bills in the amount of $22,790.68; Southold Wastewater District
bills in the amount of $8,506.07; Fishers Island Ferry District Agency &
Trust bills in the amount of $1,171.50.
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: Approval of minutes of September 15, 1998, Town
Board meeting.
Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the September 15, 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 a Special Town Board meeting tomorrow at
1:00 P.M.
Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that a Special Town Board meeting will be held at 1:00 P.M.,
Wednesday, September 30, 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.
SEPTEMBER 29, 1998
SUPERVISOR COCHRAN: The Special Town Board we have set for
tomorrow is in relation to the bidding on the sand. We have the opportunity
to get sand for the closure of the landfill at a lower price, so we are
trying to get all we can, and the time frame we missed by one day,
otherwise it would have been something we would take care of today, so we
will: have a Special Board meeting tomorrow to take care of the sand bid.
May I have a motion to set the next regular Town Board meeting for
Tuesday, Oct 13, 1998 at 7:30?
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, October 13, 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: At this time I am presenting the Town Clerk,
according to law, a copy of the Supervisor's 1999 Town Budget, and the
Supervisor's 1999 Capital Budget. We now comply with the law. I will be
handing out a copy to all Town Board members in addition. First I would
like to present a budget message. I am pleased to submit my 1999 budget.
This budget increases the property tax-rate by 3.78%. One of our priority
goals is to maintain and preserve our quality of life. The community has
supported past bond issues for farmland preservation and open space issues
in the amount of 11 million dollars over the past 15 years. The debt service
on the 1996 and 1997 authorizations acCOunt for 2~.7%-of this year's budget
increase. It is important to understand my urgency for purchasing farmland
rights and open space now. There are still many acres of farmland in the
hands of developers. We can't buy it all, but we can make a difference.
The wine industry ~ is an im, portant player in the farm industry, as is the
farmer. Another importanc~ issue to land preservation is the 2% Community'
Preservation legisla.~tion on the ballot for November.~ The second item brings
2.3i% increase to :tl~e budgel~. The town ~is borrowing 5.8 million dollars for
capping and closing the landfill. For years S~uthold has delayed this
expense, but now it is cati:h-up time. Closing tee landfill is a New York
State mandate issue. These two items of bond indebtedness totals $655.,188
or a 5% increase in the budget. The budget provides a small increase for
elected officials and board people. Any increases .for CSEA and PB/~
members are through contractual bargaining agreements. This budget
continues to provide for improvements of town~ facilities, and pro¥ides
adequate park and recreational opportunities for all. As you may.~or not be
aware, we are in the process of purchasing the park across the way from
Tasker Park, which also belongs to the Rich family, and I would like to
think that this Board, and' they have supported i panning for the future,
not just what our needs are today, so hol~efull~ ~{hat ~will t. ake care of u~
for a bit of a time. Support of senior ser~vi!ces d~li~ered through our Human
Resource Center is provided, for all. In addition, more services will be
provided by the new MetLife facility, opening on Thursday. We ,will
continue to look for ways to enhance public safety efforts through our
Police and Building Department, and for our Highway Department to
maintain our roadways--keeping them open, safe !and in :good repair. We
also continue to investigate new sources of revenue. This year the Board
requested a SMART report by the State Comptroller's Office. This report
is an analysis of department fees. The draft report is under, review? by the
State and will be available in October, Hopefull¥, the report will indicate
additional avenues-for new revenues. With regard to personnel requests, 3
out of 15 requested were placed in the budget. One building inspector to
allow for fire inspection duties, one scale operator, and one diesel
mechanic. There is a need for additional help in bther departments. As has
been the Town's policy for the past several years, )posal
appropriates 50% of the anticipated fund balance at ¥ ;look
forward to discussing this budget proposal in further detail with the Town
Board and our department heads. I have scheduled the first budget work
session for October 6th, and we will continue ~rom there. A preliminary
budget must be adopted by the Town Board by October 23 and a public
hearing on the preliminary budget will be held on November 5. The final
budget must be adopted by November 20. Respectively submitted, Jean
Cochran, Supervisor.
q
SEPTEMBER 29, 1998
123
I. REPORTS.
S'UPERVISOR COCHRAN: As you know we receive reports from both
committees and department heads, so that the Town Board is kept informed
on the different workings of: government here in Southold. They are public
information. They are available from the Town Clerk's Office, and we would
be very happy to share any of .it with you if you request.
1. Southold Town Board of Trustee Monthly Report for August, 1998.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: We receive Public Notices which give us
notification of different projects that are taking place in relation to the
Department of Environment Conservation, or the U.S. Corp of Engineers.
1. State Department of Environmental Conservation, Notice
cation of Walter and Mildred Sibernagel to construct an
addition g!e family dwelling and a septic system 33 feet from the
tidal wetland boundary on Bridge Lane, Cutchogue. Written comments
October 9, 1~.98.
2~ ":1~1. S~ Army Corps of Engineers, N.Y. District, Notice of
application Of Peter Izzo and Arnold Blair for a permit to dredge with ten
years main and upland disposal in Horseshoe Cove, Great Peconic
Bay, ;:: Town of Southold. Written comments to be received by
October 16
III. COMMUNICATIONS.
SUPERVISOR COCHRAN.' Communications, we had a letter from Secretary
of State Sandy Treadwell thanking us for our efforts to help the
residents With the erosion problems at Mattituck Inlet, Goldsmith Inlet, and
Kenny's:; Beach, a letter to myself and the Town Board for Community
Action Of Sou~hold Town, a thank you for our support in the funding that
we gave them, and a letter from the Cutchogue Fire Department in relation
to defibrillators, which are in the budget. We are in the budget to
purchase three more, which would then give us adequate equipment to fully
protect the entire township, rather than selected areas.
1. Alexander F. Treadwell, Secretary of State, thanking Supervisor
Cochran for helping residents with erosion problems at Mattituck Inlet,
Goldsmith Inlet and Kenney's Beach.
2. Community Action of Southold Town thanking Supervisor Cochran for
her support~
3. Cutchpgue Fire District to Town Board and Supervisor Cochran in
regard to de¥ibrillator.
IV. PUBLIC HEARINGS.
1. 5:00 P.M. on a proposed "Local Law in Relation to Senior Citizen
Exemption".
2. 5;05 P.M. on proposed acquisition of the Fitzgerald property,
SCTM #1000-06-04-011 & 1000-06-08-006.
3. 5:10 P.M. on a proposed "Local Law in Relation to Non-Commercial
Scallop Season".
4. 5:15 P.M. on a proposed "Local Law in Relation to a Temporary
Moratorium on the Issuance of Approvals and/or Permits for Business zoned
Property Along the Route 25 Corridor from the Intersection of SR25 and
CR48 East to the Intersection of SR25 and Manhasset Avenue in the
Town of Southold".
5. 5:20 P.M., on a proposed "Local Law in Relation to Amending Section
4 Exclusions of the Local Law Adopted on September 5, 1998 entitled
"Temporary Moratorium on the Issuance of Approvals and/or Permits on
Business Zoned Along the Route 48 Corridor in the Town of Southold".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy that
prior to the adoption of any resolutions we would be very happy to take
your input in relation to any of the resolutions printed on the agenda.
Later on after the resolutions are passed time is set aside for you to talk
to the Town Board on any Town Board business that you would like to
bring to our attention. At this time, is there anyone that would like to
talk to the Town Board or share something with us in relation to the
printed resolutions? Mr. ~,Carlin?
FRANK CARLIN:
mixer going to be?
Frank Carlin, Laurel. Number 16, how much is that
COUNCILWOMAN HUSSIE: Eight thousand.dollars-
FRANK CARLIN: Number 22, determine that a "Local Law in Relation to
Senior Citizen ~ Exemption" shall not have no significant effect on: the
environment. What can it-have on the environment? What I figured out it
might be, it .might be' that maybe-if you qualified: for this here exemption
maybe they nave to have their well checked for contamination.
SUPERVISOR COCHRAN: What it is, when your whole SEQRA process came
out, towns, as did Southold, did SEQRA practically on everything,
environmental, economic kind of investigation, and we kind of have' gotten
away from it, so we are trying to go back and do our SEQRA as we should.
The truck we are buying, we should be doing SEQRA. SEQRA is done on
almost every action that the Town Board takes. This is one of those
actio ns.
FRANK CARLIN:
looks nice.
I see you got some new furniture up there.
It really
SUPERVISOR COCHRAN: That was donated to us, and they donated six,
but I know where two more are so we are going to try to get the two more,
and we will still utilize the chairs we are sitting in presently.
FRANK CARLIN: I thought it was furniture Frank Murphy's put down the
cellar.
SUPERVISOR COCHRAN: No, that is probably still in the cellar. That is
probably still down there, Frank. No, every once in awhile people are
kind enough to donate to us things that we would like to afford, but we
have priorities. I understand they are thousand dollar chairs, a thousand
dollars a piece for free. We are happy to get them.
FRANK CARLIN: I remember that. It was sad they were put in the cellar.
SUPERVISOR COCHRAN; We could write a book, Frank.
to address the Town Board in relation to any of the
response.) If not, number one.
Anyone else like
resolutions? (No
1.-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
designates the following houses in Southold Town as a Southold Town
Landmark, all in accordance with the recommendation for designation by the
Southold Town Landmark Preservation Commission, and acceptance of
designation by property owners:
Storrs/Lester House
Calves Neck Road, Southold
Theodore James House
Indian Neck Lane, Peconic
William Asip House
Bridge Lane, Cutchogue
The Cosden Estate Historic District
which encompasses the Greene, Ernest
and Tare House, Mt. Beulah Avenue, Southold
1 .-Vote of the. Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Counci Iman
Evans,
Murphy, Councilman
Councilwoman Hussie,
2.-Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 1:00
P.M., Wednesday, September 30, 1998, at the Southold Town Hall, as the
time and place,for a Special 'Meeting of the Southold Town Board, for the
purpose of considering and voting upon the award of bids for sand and
rental~ of D-8 BUlldozer for the Landfill, and any other business that may
property come before this meeting.
2.- ~/ote ' of the Town~ :Board:' Ayes: Councilman Murphy, Counciilman
Justice Evans, Councilwoman., Hussie,
duly ADOPTED.
SUPERVISOR..COCHRAN': I think eYerybody is full of winegar today,
~g, long day. We had some really good conversations o,n
is before the Town Board, so I think we are .just
beginhing to wi.nd down a little: bit, but some of it is still hanging on here.;~
3.-.Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Town Clerk to advertise for bids for the following, items for
1999:
Milk for the Human Resource Center
Food for the Human Resource Center
Police Department Uniform Clothing
Cleaning Uniforms of the Members of the Police Department
Gasoline for Town Vehicles
Heating Fuel Oil for Town Buildings
Diesel Fuel Oil for Highway Department and Disposal Area
Removal and Disposal of Household Hazardous Waste from
Collection Center
Removal of Scrap Tires from Disposal Area
Removal of Scrap Metal from Disposal Area
Town Yellow Garbage Bags
3.- Vote of the Board: Ayes: Councilman Murphy, Councilman
Romanelli, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
4.-Moved by Councilman Murphy, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, Suffolk County~ New York, on the 29th day of September,
1998, a Local Law entitled, "A Local Law in Relation to Stop Signs at
Meadow Lane and Azalea Road; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets
8:00 P.M., October 13, 1998 as the time and place for a public hearing on
this Local Law, which reads as follows:
A Local Law Jn Relation to Stop Signs on Meadow Lane and Azalea Road
B IT ENACTED,. by ~he Town Board of the Town of Southold as follows:
Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1. Article III, Section 92-30 (Stop intersections with stop signs)
is hereb~ ~men~ed by addin9 thereto the following:
Stop Si~IR On Direct.on of Travel At Intersection Location
With (Hamlet)
Meadow Lane East Cardinal Drive Mattituck
Azaleal Road ~----~t Cardinal Drive Mattituck
!1. This Local Law shall take effect upon its filing with the Secretary of
State.
Underline indicates additions.
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
4.- Vote of the Town Board: Ayes:
Romanelli, CounCilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, the Town of Southold has hereby determined that certain
work, as described in the State assistance application and any amendments
thereof, herein called the "Project" is desirable and in the public
interest; and
WHEREAS, Title 5 of Article 5u, and Title ~, of Article 56 of the
Environmental Conservation Law authorized State assistance payments to
municipalities for closure of municipal landfills by, means of~a written
agreement and,the TOwn of Southold deems it to be in the public interest
and benefit under' this. law to apply therewith; now, therefore be it
RESOLVED that the Town Board of the Town of, Southold hereby
authorizes and directs Supervisor Jean W. Cochran- as the official
representative to act in connection with any n between the Town
of Southold and the State, and to provide s
may be required; and that one (1) certified copy of this
prepared and sent to the Director, Division ~ of Solld~&i I~ als,~,
New York State Department of Environmental Conservation, 50 If ROad,
Albany, New York 12233'7250, together~ with the ~applica~ion; and,"that this
resolutions, shall take effect immediately.
5. -Vote of the i . Town Board: Ayes: Councilman Mu~rphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman HuSsie,
Supervisor Cochran.
This resolution, was duly ADOPTED.
6.- Moved:by Councilman Romanelli, seconded by Councilwoman Hussie, it was~
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to sign a partnershi.p
agreement form between the Town of Southold, the U.S. fish ,and Wild,life
Service, the County of Suffolk, and Ducks Unlimited, as' part of, the Orient
Point Grassland Restoration Project.
6.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
ROmanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.,
This resolution: was duly ~DOPTED.
7.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of, Southold hereby
authorizes and directs Supervisor Jean W. Cochran, to sign the 1999 DFY
PrOgram Application for the Southold Town Juvenile Aid Bureau, in the
amount of $31,635;00.
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 Justice Evans, seconded by Councilwoman Hussie. it was
RESOLVED that the Town Board of the Town of Southold hereby requests
the Suffolk County Department of Public Works to conduct a traffic survey
on County Road u,8, Peconic, to consider the installation of "No Stepping At
Any Time" signs from the easterly right-of-way of Henry's Lane east along
the northerly right of way of Route /,tS a distance of 250 feet.
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 Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town-Board of the Town of Southold hereby appoirits
Michael Fouchet, from the Suffolk County Department of Civil Service
Certification of Eligibles; to the position of Scale Operator, effective
November 1, 1998, at a salary of $27,114/J,.00 per annum..
9.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBER 29, 1998 1 2 7
10.-Moved.by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the closure of Case's Lane, Cutchogue, on Saturday, October 3,
1998, between the Village Green and the Library (with the road blocks to
be placed so as not to block the entire Library parking lot and continue
south to the east end of the Village Green to allow access te all homes from
the other end of Case's Lane) between 9:00 A.M. and 5:00 P.M., as a
safety precaution during the Annual Harvest Fair to be held by the
Mattituck Lioness Club on the Village Green, Main Road, Cutchogue, New
York, provided they file with the Town Clerk a One Million Dollar
Certificate of Liability Insurance naming the Town of Southold as an
addition Insured. i
10.- vote., of Board: Ayes: Councilman Murphy, Councilman
Romalnell't Moore, Justice Evans, Counc~il~oman HUssie,
SuperviSor Cochran.
This resolution was duly ADOPTED.
11
CounCilman Murphy, seconded by Justice Evans, it was
Town Board of the Town of Southold .hereby modifies
th~ ~al Fu~
T~;
Revenues
A.2705/~0
ApproPriations
A: 71'1:0.'4.100.100
Town 1998 budget as follows:
Gifts & Donations
Other Donations
Parks, C.E.
Supplies & Materials
Miscellaneous Supplies
$ 500.00
500.00
11. - Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Su pervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
12.- Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town BOard of the Town of Southold hereby appoints
Kirsten Unfrled as a Technician under the Fishers Island BTI
Mosquito Control Program, effective immediately, at a salary of $12.00 per
hour.
12.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Su pervisor Cochran.
This resolution was duly ADOPTED.
13.- Moved by Councilman Moore, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute any and all
necessary documents, including a waiver for a sixty (60) day comment
period, for consideration of the nomination of the Fort Corchaug
Archaeological Site for designation as a National Historic Landmark.
13.- Vote of. the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
14.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Southold PTA to hold a Fun Run on Saturday, October
3, 1998, commencing at 8:00 A.M. (1.5 mile) and 8:L[5 A.M. 5K, using the
following Town Roads, provided they file with the Town Clerk a One Million
Dollar certificate of Liability Insurance naming the Town of Southold as an
additional insured: Main Bayview Road, Baywater Road, Nakomis
Road, and Minnehaha Boulevard, Southold.
14. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
15.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authoriZes the establishment of the following Capital Project in the 1998
Capital Project;
Capital Project N~ame: Assessors Filing System
Financing Method: Transfer from General Fund Whole Town
Budget: Revenues
H.5301.40 Assessors Filing System $ 8,530.00
15. - Vote of the Town
Romanelli, Councilman
Supervisor Cochran.
Appropriations
H.1355..2.100.100 Assessors
Capital Outlay
Supplies & Materials
Filing System
Board: Ayes: Councilman
Moore, Justice Evans,
This resolution was duly ADOPTED.
$ 8,530. O0
Murphy, Councilman
Councilwoman Hussie,
16.- Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
17.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Solid Waste Management District 1998 budget as follows:
To:
SR 8160.2.500.600 Misc. Sanitation Equipment $ 6,000.00
SR 8160.2.500.600 Misc, Sanitation Equipment $ 1,000,00
F rom:
SR 8160.4.100.60 Encapsulator Maintenance
SR 8160.4.400.670 Mack Quarry Truck Repairs
17 .- Vote of the Town Board: Ayes: Councilman
Romanelli, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
$ 6,000.00
$ 1,000.00
Murphy, Councilman
Councilwoman Hussie,
18.-Moved by Justice Evans, seconded by Councilwoman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Douglas Murphy as a Member of the Southold Town Transportation
Committee to fill the vacancy created by the resignation of Barbara
Michelson, term to expire on April 5, 1999.
18. - Vote of the Town Board: Ayes: Counci Iman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
19.-Moved by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED-that the Town BOard or'the Town of Southold hereby appoints
the following ind|vidual as members of the Southold Town Conservation
Advisory Council effective immediately, for a two (2) year term of office to
expire June 18, 2000; Scott A. Hilary, Mary Griffith, and Richard D. Smith.
1 9 .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanel/i, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
16.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold authorizes the
purchase of one (1) Gehl 7210 mixer wagon from Marshall Machinery of
Honesdale, Pennsylvania at a cost not to exceed $8,000.00, plus
approximately %500.00 shipping, for use with the Ag Bag compost system.
COUNCILWOMAN HUSSIE: I am sure that many of you are as interested in
all this machinery up at the Landfill as I am, so this mixer machine is the
thing that is going to put the leaves, and other stuff that we are allowed
to compost, yard waste, that we can compost into those long sausage
casings that the Ag Bag system has, and it will speed that process up.
SEPTEMBER 29, 1998
129
20.-Moved by JuStice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Scott A. Hilary as Chairperson of the Southold Town Conservation Advisory
Council, effective immediately, through June 18, 2000.
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 Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes~ and directs, the Town Clerk to readvertise for resumes for a
member°f the Landmark~ p~eservation CommiSsion.
21 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli,! CounCilman MOore, Justice Evans, Councilwoman Hussle,
Supervisor Cochran.
This resolution Was duly ADOPTED.
22.-Moved by C0uncilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs Supervisor Jean W. Cochran to execute any and all
necessary documents~ with regard to the 'contract with Dvirka
Bartilucci for the landfill closure.
22.-Vote of the . Town · Board: Ayes: Councilman Murphy, Councilman
Romanel[i, C°Un~ilm~n, Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This reSolUtion was duly ADOPTED'.
SUPERVISOR COCHRAN: We will adjourn for a public hearing scheduled
for five 'o'cloCk.
Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that a recess be called at this time, 5:00 P. M., for the
purpose of holding a public hearing.
Vo~e of the Town Board: Ayes: Councilman
Romanelli, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
Murphy, Councilman
Councilwoman Hussie,
Meeting reconvened at 5:35 P.M.
SUPERVISOR COCHRAN: I would like to set the date of our next Board
meeting, the 13th, public hearings in relation to these two laws on the
moratorium, which we had to postpone.
23;-Moved by Supervisor Cochran, seconded by Councilman Romanelli~
WHEREAS, there was presented to the Town Board on the 29th day of
September, 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 Route 25 Corridor from the intersection
of SR25 and CRU,8 East to the Intersection of SR25 and Manhasset
Avenue in the Town of Southold, now therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05
P.M., Tuesday, October 13, 1998, at the Southold Town Hall, 53095 Main
Road, SoUthold, New York, as the time and place for a public hearing upon
this Local Law, which reads as follows:
Temporary Moratorium on the Issuance of Approvals and/or Permits for
Business ,Zoned Property Along The Route 25 Corridor from the intersection
of SR 25 and Cr ~ East to the Intersection of SR 25 and CR ti8 East to
the Intersection of SR 25 and Manhasset Ave. 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 necessity to locate
businesses in suitable zoning districts located in areas which are best suited for
130
SEPTEMBER 29, 199~
the placement of such businesses. To insure that economic activity takes place
in desirable locations thereby maximizing existing character of the Town's
hamlet centers, an examination of the existing zoning along The Route 25
Corridor from the intersection of SR 25 and CR 48 East to the Intersection of SR
25 and Manhasset Ave. in the Town of Southold (hereinafter referred to as "THE
CORRIDOR" is necessary 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 CORRIDOR to provide the Town Board an opportunity to
review the zoning of properties along THE CORRIDOR, the likely impacts to the
community based upon the. existing zoning of properties along THE CORRIDOR,
and to make amendments as to the level and nature of business uses that are
appropriate along THE CORRIDOR such that, these uses complement existing
hamlet economic centers and that businesses uses appropriate outside hamlet
centers are provided ample location in which to be situated.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
Until nine (9) months from the effective date of this Local Law, after which
this Local Law shall lapse and be without further force and effect and subject to
any other Local Law adopted by the Town Board during the nine month period,
no agency, 'board, board officer or employee of the Town of Southold including,
but not limited to, the Town 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, special exception, variance, site plan,
building permit, subdivision, or permit for any of the following property uses
listed in the following sections of the Town Code within the following zoning
districts which are located in THE CORRIDOR: 100-61(B) and (C) goveming the
Resort Residential District; 100-71(B) and (C) governing the Residential Office
District; 100-81(A)(2), (3) and (B) and (C) governing the Limited Business
District; 100-10t (A) through (11) and (B) and (C) goveming the General
Business District; 100-130(A)(3) through 16 and (B) and (C) governing the Light
SEPTEMBER 29, 1998
3.1
Industrial Park/Planned Office Park District and 100-141 (A)(3) ,(15) and (B)
and (C) governing the Light Industrial District.
Section 3. DEFINll ~ON OF The Route 25 Corridor from ~ne intersection of SR
25 and CR 48 East to the Intersection of SR 25 and Manhasset Ave. lin the,Town
of Southold ("THE CORRIDOR")
THE CORRIDOR is hereby defined and identified as follows: .from a
point beginning at the intersection of SR 25 and CR 48 East to a point ending at
the Intersection of SR 25 and Manhasset Ave. in the Town of Southold
"THE CORRIDOR" shall extend one thousand feet (1000') north and ene
thousand feet (1000') south respectively from the north mad edge and the south
edge of SR 25,
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) any person or entity who has, prior to the effective date of this Local Law,
Obtained all permits required for construction of a building on any parcel of
property including later applications to repair or alter, but not enlarge, any such
building otherwise prohibited during the period of this temporary moratorium;
and
2) parcel(s) of land currently improved with a building or buildings so long
as the application is not: al seeking, in whole or part, a change in the use
of the land, premises or buildings, and b) and so long as the application
does not require any applications to, or approvals, special exceptions~
variances from, the Zoning Board of Appeals of the Town of Southold.
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 sections 264, 265, 265-a, 267,
267-a, 267-b, 274-a, 274-b, and 276 this Local Law is intended pursuant to
Municipal Home Rule Law Sections 10(1)(ii)(d)(3) and section 22 to supersede
any said inconsistent 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 permit 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. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary
of State.
23. - Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Murphy, Councilman
Evans, 'Councilwoman Huss|e,
24.-Moved by Supervisor Cochran, seconded by Councilman Romanelli,
WHEREAS, there was presented to the Town Board on the 29th day of
September, 1998, a Local Law entitled, '~A Local Law in Relation to
Amending Section ~,. ExclusiOns of the Local Law adopted on September 1,
1998 entitled "Temporary Moratorium on the Issuance of Approvals and/or
Permits on Business Zoned Property Along the County Route 48 Corridor in
the Town of Southold", now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby set 8:10
P.M., TueSday, October 13, 1998, at the Southold Town Hall, 53095 Main
Road, Southold, New York as the time and place for a public hearing upon
this Local Law, which reads as follows:
A Local Law Amending Section u~ of the Local Law entitled "A Local Law in
Relation to Temporary Moratorium on the Issuance of Approvals/or Permits
for Business Zoned Property Along The Route it8 Corridor in the Town of
Southold" adopted by the Town Board of the Town of Southold on
September 1, 1998.
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 4. EXCLUSIONS is hereby amended as follows:
This Local Law shall not apply to_:
1.!.1 any person or entity who has, prior to the effective date of this Local Law,
obtained all permits 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 building otherwise prohibited during the period of this
temporary moratoriuml and
2l ~3arcells) of land currently improved with a buildin,q or buJldin,qs so Ion,q
as the application is not: a) seekin.q~ in whole or part~:.a chan.qe in the use
of the land, premises or buildinRs; and b) and so Ion.qas the application
does not require any applications to, or approvals~ speCial exceptions,
II.
Stat-,.
* Underline represents additions
Strikethrough represents deletions
-Vote of the Town Board: Ayes:
Ro,manelli, Councilman Mobre, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
variances from~ the ZoninR Board of Appeals of the To.wn of, Southold.
This Local Law shall take effect upon filing With the Secretary of
Councilman Murphy, Councilman
Evans, CoUncilwoman Hussie,
26.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 15th day of September, 1998, a Local Law entitled, "A
Local Law in Relation to Senior Citizen Exemptions", and
WHEREAS, a public hearing was held on this Local Law on ~he 29th
day of September, 1998, at which time all interested persons were given an
opportunity to be heard thereon; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 16 of 1998,
which reads as follows:
LOCAL LAW NO. 16 - 1998
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 85 (Taxation) of the Code of the Town of Southold is
hereby amended as follows:
1. Section 85-1 (Partial Exemption for senior citizens) is
amended as follows:
25.-Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby
determines that the proposed Local Law entitled "A Local Law in Relation to
Senior Citizen Exemption" is not an "action" as defined by 6 NYCRR 617
ET SEC~, and therefore, an environmental review is not required.
25.- 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: As a result of the hearing on a "Local Law in
Relation to Senior Citizens' Exemption"?
13, L, SEPTEMBER 29, 1998
(1)
Amount of Exemption
Real property owned by one (1) or more persons, each of
whom is sixty-five (65) years of age or over, or real
property owned by husband and wife, one (1) of whom is
sixty-five (65) years of age or over, shall be exempt from
town taxes to the extent provided, subject to the following
income limitations:
Extent of Exemption
Income, %
Up to 819~499
$19,500 to $20,499
~')l",?('X') f~ ~')l.4g.q
~21 :!~00 fo
$22:500 fo ~28:3gg
$23.400 to $24.29g
$24,300 to ~25,199
· $25.200 to $26.099
$26.100
50%
~,~,40~ 45%
~ {a~ 40%
~ [o $~25%
024 20%
~ ~,:, ~-~ lO%
50%
45%
40%
35%
30%
25%
20%
15%
10%
5%
II.
State.
* Underline represents additions
Strikethrough represents deletions
26. - Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
This Local Law shall take effect upon filing with the Secretary of
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
27.-Moved by Justice Evans, seconded by Supervisor Cochran, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is hereby
given that the Southold Town Board, in conducting an uncoordinated review
of this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Question of the acceptance of an offer of
property by Janet Fitzgerald, for acquisition by the Town of South°Id
under the Open Space Preservation program, located at Central Avenue,
Fishers Island, New York, SCTM Nos. 1000-06011 & 1000-06-08-006
comprising approximately 1.5 acres at a cost of $378,000.00. The proposal
has been determined not to have a significant effect on the 'environment
because an Environmental Assessment form has been submitted and reviewed
and the Town Board has concluded that no significant adverse effect to the
environment is likely to occur should the proposal be implemented as
planned.
27.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SEPTEMBER 29, 1998 ~13 5
28.-Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS, Janet Fitzgerald has offered to sell her property to the
Town of Southold under the Open Space Preservation Program; and
WHEREAS, the. Town Board of the Town of Southold held a public
hearing on the question of the acquisition of the Fitzgerald property on
the 29th day of September, 1998, pursuant to the provisions of Chapter
59, Open. Space Preservation, of. the Co. de of the Town of Southold, at
wl~ich time ~[I interested persons were g yen an opportunity to be heard;
and
WHEREAS, the Town Board deems it in the public interest that the Town
of Southold acquire the Fitzgerald property, subject to the Town
rece,i¥ing an~ irrevocable easement or covenant from the Island Peoples
Project to assure access to the adjoining beach; now, therefore, be it
RESOLVED that the ToWn Board hereby elects to purchase the property
of Janet Fitzgerald, at a cost of $378,000.00, described as follows:
1. SCTM ~1000-06-04-011, comprising approximately .65 acre, located
on the east side of Central Avenue, it00 ft. south of~ Madeline Avenue,
Fishers Island York.
28.
2. SCTM·
side of Central
New York.
All
SUpE
This
comprising .85 acre, located on the west
50 feet south of Madeline Avenue: Fishers Island,
ice
approval of the Town AttqrneY.
Ayes: Councilman . Murphy, Councilman
Moore, Justice Evans, Councilwoman Hussie,
uly ADOPTED.
SUPI
scal
This is to do SEQRA. We will take a vote on the
change in the scallop law to non-commerclal
--QRA, issuing a Negative Declaration.
29.--
WHE
wh
environment,
29. - Vote Of the~
ans, seconded by Councilman Romanelli,
Board of the Town of Southold is considering
in relation to the non-commercial scallop season;, and
~listed action pursuant, to 6 NYCRR 617 ET SEQ;
Environmental Assessment Form has b. een completed
[o the environment; now, therefore; be it
Town Board of the Town of Southold hereby
action will not have an adverse effect on the
is issuing a Negative Declaration.
Board: Ayes: CounCilman Murphy, Cou ncil man
Moore, Justice Evans. No: Councilwoman Hussie,
ADOPTED.
a I Decl
RAN: It passed with four votes with the Board issuing
~n. Now, the next is the passing of the Law itself.
30.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of
Southold on the 15th day of September, 1998, a Local Law entitled, "A
Local Law in Relation to Non-Commercial Scallop Season", and
WHEREAS, a public hearing was held on this Local Law on the 29th
day of September, 1998, at which time all interested persons were given an
opp0rtunit~, to be 'heard thereon; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 17 of 1998,
whi~:h reads as follows:
; A LoCal Law in Relation to Non-Commercial Scallop Season
BE ~T ENACTED by the Town Board of the Town of Southold as follows:
Section 77-20[t (B) Non-Commercial Scallop Season
B. The Trustees of the Town of Southold shall establish, by
r~e~o[utlon, lithe daily amount of scallops permitted to be taken
frdm town waters by hand or with a scalp net either by an individual
or :per boat. during the non-commercial scallop season.
B. During the non-commerclal scallop season, not more than
one-half (1/2) bushel of scallops may be taken from town
w~aters in any one (1) day by hand or with.a scalp net.
Il.This local law shall take effect upon filing with the Secretary of State.
* Underline represents additions
Strlkethrough represents deletions
30.-Vote of the Town Board: No: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
Thi.~ resolution was LOST.
SUPERVISOR COCHRAN: The' law will remain the same for the present
time, and it will allow us time to perhaps between now and then come up
with a better solution,
COUNCILWOMAN HUSSIE: I was very interested in all the comments from
both sides of the room. They were things that I had never even considered
before. They made sense.
SUPERVISOR COCHRAN: They held water. Okay, thank you for joining
uS;' At this time ri would like to entertain any comments, anything anyone
from the audience would like to share with the Beard in relation to Town
business. We would ,be very happy to have you present it at this time.
Bernie?
BERNARD HEINISCH: My name is Bernard Heinisch. I live on County
Road ~,8. I have several items I would like to discuss. One is your bidding
p~ocedure. :At,the present time you are biding for 75,000 cubic yards of fill
material to ,'be used at the dump, yet you are only allowing five days. I
know that the law states that a minimum of five days public notice, but why
don't you do yourself and the rest of the people justice in allowing more
time? Once this pub'lic notice hits Brown's newspapers, i.t is then delivered
to various contractors. You really don't give them any, t.me to pick uP the
bid specifications, and submit a bid. With this large industrial complex in
Riverhead now closing I believe that you are going to find your limitation
,on what type of bankrun is now available. I know that your bid opening
is: ~omorrow, bu~t perhaps after you look at the bids you might want to
re,id it, and ,,g!ve ~it' to a longer time span. It isn't that you need this
material Thursd~y~ next week. You need it in due time. I also realize that
the State and the Federal government also ships on that Landfill closure,
but this is still dollars, and it is lot of dollars. The other item I would
like to bring up, .at, the present time at the Landfill if you are a
contractor from, 'out Of town, and you are doing a cesspool or otherwise,
and you do; not 'have a Town sticker, you are forbidden :to dump that
material at the dump. This material can be used for la'ndfill. I see no
reason in the World why-you do not eliminate this one procedure. Allow
anyone to dum, p usable fill material, regardless where they come from. It is
the right
price. It :.s for nothing. I don't see how you can lose. Is there
any comments on that?
COUNCILWOMAN HUSSIE: The only comment I will make, Mr. Heinisch,
is concernin9 the sand bid. I know that we were hoping that maybe we
would 9et an interestin9 number from the company there in Riverhead. At
the time that we had this bid going out the situation there had not been
stopped, and as it stands now we may or may not, we are not obliged to
accept these bids. We will open them. We will lOok at 'them' tomorrow. We
will make the decision then given all the facts.
BERNARD HEINISCH: My other question 'is, are these trucks weighed when
they come in?
COUNCILWOMAN HUSSIE: Yes. They are weighted here at our place. They
don't have a scale. Well, if we were going to do the Riverhead thing, they
don't have a scale over there.
BERNARD HEINISCH: The other item I have, some our neighbors have
sent a letter of protest to Mr. Forrester regarding the local irrigation
that is just opening up an irrigation business. We want a clarification of
zone. Now, understand he is given a notice to the Board of Zoning, and
the Planning Board, but he never notifies those that write to him, and in
all courtesy I t~hlnk that the people that write him should be notified of
what his decision is when they send him a letter. I wish you would look
into this. Thank you.
SUPERVISOR COCHRAN: Thank you. Bernie. Mr. Carlin?
FRANK CARLIN: Good evening, ladies and gentlemen. Frank Carlin.
Councilwoman Hussie, I imagine in the future down the line you will have a
public hearing on this so called pool, right? A month ago I was here about
a problem I had the scale at the landfill being overweight. I sound llke I
am trying to be a nuisance here, but there has got to be a resolve one way
or another. What did you come up with to solve this problem that we all
have here?
COUNCILWOMAN HUSSIE: As I mentioned to you one of the times that you
brought up the Prob:l~m~,~it qsp, not my, idecision alone, and s~ ~11 brought ~it
before the Board. g; them the ~ost. I gave the good and bad. The
good being ~, odd ,sized things might not be overchar~ged, if
indeed ~we had a ~re seemed ,to more ~bads than goO~i.. ~Number
one was the was the possibte misuse, of this sca~ler
because' it is and after'some di~scusslon: 'the Board~ decided
that it~was a road they ~. want to pursue. So, we will not be~buying
a scale for p~rpeses of ~e~ghing things less~ than 20 ~pound.increments.
FRANK CARLIN: I can understand that, Counci,Iwom~nl ~HuSsie. I am a
reasonable man. If it is a ppoblem getting a small Scal'e i~hich.il understand
you have to get a ~ the State, and all that. I go along with that.
You going to tell me..let this continue~ on~ letting the
people' being and don't do nothing about it. I don't buy
that.
COUNCIEWOMAN.HUSSIE:: I ram not going to sit here and tell you that..
FRANK CARLIN: That is just what you told me.
COUNCILWOMAN HUSSIE: Sometimes there is not a solution that is either
black or white, and what we really are in here is this gray area. I have
been in the same boat that you have been in, of being what I considered
overcharged for a piece of aluminum, so I understand your frustration, and
I went around and talked about it for weeks, because I just could not
understand how this antennae, that I could pick up with one hand, could
possibly cost me $4.00 'to get rid of. On the other hand I know that I
couldn't put the antennae in a yellow bag. I paid more than double. I
agree it is a problem. A scale does not appea'r to be the solution. I don't
know what the solution is.
FRANK' CARLI;N: I said I was going to come up with two food for thoughts
in a little awhile, something to think about. Maybe you can resolve your
problem. Anyway, in February 11th of 1993, in the Suffolk Times, dump
scale discrepancies detected. Remember that one? You were on the Board
then.
COUNCILWOMAN HUSSIE: I remember.
FRANK CARLIN: I am not going to read through the whole thing, but I am
going to read you two articles here. Monday an empty truck entered the
landfill, dumped nothing, and was charged for 40 pounds, $1.20. Sounds
like me. Tuesday, a truck offloaded a hundred pounds of factory packed
line, and it was charged 460 pounds, $~.80. It should have been $3.00.
Maybe this came back to haunt you.
COUNCILWOMAN HUSSIE:
haunting me.
Was there a follow-up article. No, it is not
FRANK CARLIN: Yes, there was a follow-up article. They checked out the
scales from t~he County. County Executive Gafney's Office got involved
with it, which I am going to pretty soon going to bring him in on it, since
you can't do anything about it. You can't dance around the bush with the
music. You got to resolve this problem. If I was overcharged $.99 then the
other people are being overcharged $.99 for years, or maybe I don't know
how long. I am surprised Suffolk Times didn't pick up on my issue like
they did back in 1993. So, perhaps my name ain't Frank Carlin, so the
$.99 doesn't mean nothing. Anyway let me continue. Oh, incidentally you
mentioned the last time I was here that the scale gets calibrated, you
think, every three months. It gets calibrated once a year.
COUNCILMAN ROMANELLI: Yes, once a year.
FRANK CARLIN: It is once a year as of Suffolk County Weights and
Measures. If you want the man's name, I will tell you who is in charge of it.
COUNCILWOMAN HUSSIE: Mr. Conway, George Conway.
COUNCILMAN ROMANELLI: You should state for the ,record that it
tested once a year, and it has passed. Just so the people know that ~t is
not out of whack, and everybody is getting overcharged.
FRANK CARLIN: This is not my problem here. There are two ways you
can resolve this problem, I think. You can't have a scale, and if you want
to prevent this from continuing on, having.~,.people being overcharged,
doubl~ .Weight on small amounts of weight, the first fifty pounds is free,of
charge. To :make it fai,r to the carters. They also' should be deduced on
there; gross~.weight. Option number two, the,first ~one hundred pounds
hal~ price, instead of 4,5¢ a pound, it is 2.25¢ a pound. Also,, carters
get the same; ': tf ¥our can't ,resolve it~ some other way, ~hen try, th~s,one~ or
number one. Don't say yellow bags. Can't use yellow bags. It says Plastics
on there:, and. cardboard; Can't use yellow bags to: get rid of ~this stuff.
Bill, you look kin~[ of?
COUNCILMAN MOORE: I am intrigued by the thinking process.
COUNCILWOMAN HUSSIE: I tell you I think immediately about those free
fifty pounds, it is never going to cut the mustard, because everyone is
going to come in with ,anything and everything including garbage, only it ,is
going to be a shopping bag instead of a yellow bag. You .are free fifty
pounds?
FRANK CARLIN: I wasn't bringing in garbage, though. I was bringing in
recyclables.
COUNCILWOMAN HUSSIE: I would feel much better if you would kind of
give this burden of this situation to the entire Board.
FRANK CARLIN: It is not only up to you to 'make the decision. It is up to
the entire Town Board.
COUNCILMAN ROMANELLI: We know our scale is tested once a year, and
we are going by your word that your scale said so much. Why don't we
have your scale tested by Weights and Measures, and see how accurate
yours is? We are going by hearsay here.
SUPERVISOR COCHRAN: Let's not get out of hand here.
FRANK CARLIN: Let me tell you one hint about weighing something. I was
told about this from a professional, how to check a small amount on a scale,
small scale. I couldn't believe it when he told me this. The best thing to
use to check a small scale for calibration ~s one pound brick of butter.
SUPERVISOR COCHRAN: That is pretty right on as a pound. I mean, you
say you are going to buy a pound of coffee, but it is only 13 ounces now
days.
FRANK CARLIN: I was very surprised at that. That's all for you,
Councilwoman Hussie. Now I've got one for Councilman Moore. I read in
the paper last week you had in there about amendments in the
Traveler-Watchman, and you mentioned the fence in there, and you
mentioned a shed. I get down below, and I see children's swing sets. I
couldn't even believe it that' the,/ would print that in the paper for a
permit to have a mailbox. You know, how about a birdhouse. How about a
flag pole, do you need that, too?
COUNCILMAN MOORE:
defines structures.
The logical carried to extreme, the way our Code
FRANK CARLIN: It has nothing to do with structures.
COUNCILMAN MOORE: Let me finish what we were going to talk about this
evening. I wanted .to eliminate the necessity of the building permits for
all kinds of nonsense structures. I wasn't picking fences. Those are by
way of example. The way our Code presently requires it, if you do a piece
of sculpture, a flag pole, in theory, a mailbox, or a statute, or .anything,
the way .our Code reads you would need a building permit for it. That's
ridiculouS. So, one'of my recommendations to the BOard is I brought up
two weel ng on drafting some legislation, for it, is to
look at Building .Code.. It has the criteria which
build and their specific exemption on which you
don't ;d for, which~, go far beyond these nonsense
little ex~ allow things like changing windows in your
two bY four window, and ( three by six
f will tell ~wo, by four,
a building permit. The I I have got
for is to say, alterations, .Ko do . with
structural II sheds of one hundred square feet, all of that
went along with that, they would no longer requi,r~e
· any.lof.that sort.
FRANK CARLIN: What are you waiting for?
COUNCIEMAN MOORE: I have to draft a law. I am working on it.
SUPERVISOR COCHRAN: He is working on the law now, Frank.
FRANK CARLIN: For an example, when you get to a mailbox, you are
dealing with Federal government now.
COUNCILMAN MOORE: I am not saying you require it. I am saying, the
way our Code presently reads. We have a case involving the Town right
now for a statue of a heron. By our Zoning definition it is a structure.
FRANK CARLIN: Back 1972, there was a law passed that after 1972-. any
motorized mail delivery will be curbside, not delivered to the house. Now
I come in Southold, and I want to build a new house. Follow me what I am
saying. Permit required. I go down, and get my permit, and like I waited
for my fence, probably nine days, or two weeks. So, I can't get my mail
delivered for two or three weeks, or maybe a month, because this is the
mailbox. That is how you get yourself in trouble.
COUNCILMAN MOORE: Exactly, and my poi.nt is the way the law is
presently written you could interpret it to require a permit for a mailbox.
(tape change) I got a building permit for that. It is ridiculous. We are 'n
agreement, complete agreement.
FRANK CARLIN: Some of the things on the Zoning Code you should have,
and you don't have. Like you should have sound ordinance code. At the
last Town Board meeting, the last time here, I wasn't here, but I know
what went on. There was sound mentioned in there. There is no ordinance
on that. That is something you have in there. You should have and you
don't. You don~t have really anything on animals. Only thing you have on
animals is a dog, or a cat, nothing else. You have no control. Those are
the things you should focus on, things like that. Like I will give you
example, some years back my neighbors had three pigs. They got lose at
night. I woke up in the morning, and my whole lawn was a mess like you
took a plow into it. Couldn't do nothing about it, because there was no
ordinance on it. So, if s0mebody's chickens gets out, and comes around and
eats~ up your flowers. There is no ordinance on it.. There are other things
you got to focus on, instead of worrying about birdbaths, or replacing a
fence like I went through, stuff like that. I want to suggest this one more
time, and I say it the way it is, believe me. That's the way I am. Take the
18L~ page, zoning book you got there, throw it out that door,, and start from
scratch. Come up with something reasonable and fair for everybody, and
the Town Board. I want to say one more thing, and then I should wind it
SEPTEMBER 29, 1998
up. I want to bring up an example here. Madame Supervisor, you will
remember this back in 1968. You will remember this one. We had a Judge on
this Board here named Judge Tuthill. Remember him? We need a couple of
street lights at that time in Mattituck in an area. So, I called him 'up.
Judge, we are having a problem here. Would you look into maybe giving us
a couple of street lights, he said, okay, Frank. I believe he was 93 years
old. Did he pass away this year? I believe he did. A fine man.
SUPERVISOR COCHRAN:
my time, Frank.
I know he 'was elderly; That was really before
FRANK CARLIN: It was? This is a true story. I called him, and he said,
we will look into it, Frank. The next day somebody called me up, then
there was a fellow walking around looking up at the utility poles here. A
week later he called. :me up, and said, Frank, we are going to install three
street lights, if that~isn't enough call me up and let: me know. Thal~'s' how
we operated ~n these days.: There is no public hearing, no resolutions. It
was done, and it was, over with, none of this big deal. I tell you.
SUPERVISOR COCHRAN: You would like to see us go back.to that? Those
were the good old days; and those were the back room days, and we don't
like to see government that way today, Frank, and. there are so many laws
and restrictions. I dO agree with that. Too many laws govern our lives.
FRANK CARLIN: Here's :~the Zoning Code we had then, six pages, but we
survived. The town was beautiful. We survived from it. Now we, have 184
pages, nobody knows what is in there.
SUPERVISOR COCHRAN: Yes, I have a copy. Frank, I would say we agree
with you in relation to the Code. Frank, the Code is not in the best shape.
FRANK CARLIN: If you need help I will volunteer to help you make one
up.
SUPERVISOR COCHRAN: We will really be in trouble, Frank.
FRANK CARLIN: I will volunteer to help sit in on any Board, Town Board
member, or whatever you want.
SUPERVISOR COCHRAN: Frank, let me tell you. The other day my
husban~d, when :we put a deck on the back of the house we moved the metal
entryway for the cellar, a bilko door, and it has been sitting there a~bout
five years, and Pep says, I really should get another entry into the cellar,
besides the inside entry. We are replacing a door to the cellar that was an
original part of my CO and so forth. I have got to pay $75.00 for the
permit. Now, '1 can't see $75.00 for that permit. I really can't, but I pa.id
it. My point is, there is many things in the Code and that is what Bill is
working on right now. The way the Code reads some of these little tiny
things we could charge for. We are not in all cases, but we would like to
see it more meaningful, and using the New York State Building Code as the
guide. So, that is just a part of things we are looking at. We have a lot of
catch-up to do as far as the Code is concerned, and Frank, we are moving
as quickly as we can.
FRANK CARLIN: Looking at this for years, and I hope that Bill will put a
Federal EXpress on this issue to get things moving here, and this thing
changed. I got one thing I would like to ask you, Madam Supervisor. This
is puzzling me a little bit here. You purchased the building along side of
here, $170,000; Now, you find out there are problems there with termites.
SUPERVISOR COCHRAN: We knew that before.
FRANK CARLIN: And you still bought it?
SUPERVISOR COCHRAN: I don't want the building. My own personal
concept was that it Would square off this property. It was appraised, but I
felt it was worth the Town buying. We never seem to do comprehensive
planning, or plan for the future. As you know this building is inadequate
in the sense that we have people all down through the bottom cellar
working there day in, and day out. We just had a air quality report done
on the building, and I don't think you want to sit in my office~ and up at
the landfi I, the place were the guys now eat, so we are trying to upgrade
Town facilities. I still think, and I spoke with many businessman that it
was a smart move to buy the corner, because it is contiguous to this
property. It allows us to plan for the future. The building has not that
f~uch value. I knew that. We had Fair-Weather Brown go in, and check to
see what it would cost us to put it into shape for a pub'iC Use bUilding. It
would cost you more to try to rehabilitate that building, than to build from
scratch.. :eel next door is a of the
entrance mark
Pi salve
it. ~ ;t
the
lng ~e year.
~and the
.~: no
go
Problem is, Madam Supervisor, if it's' loaded
What: is, ;going to be
pr~0bably end up
sUPERVISOR COCHRAN: I believe we will.
FRANK CARE'IN: So, you actually paid $170,000 for a lot.
SU Yes. What we did, we had a piece of surplus
property We sold that for $190,000 to purchase this for $170,000~
So, we have a $20,000 leeway there, that we probably, if the Board agrees
at some point: help us tear it down.
FRANK :
Town Bc
stories to it.
after that,
I don't
Hall.
am still saying, I mentioned it to a year ago, maybe
n Youngs Avenue on the corner would have been ideal
vacant North Fork building. I suggested that to the
ago. It's got adequate parking space. It's got two
have been adequate for a Town Hall. You went
me, we missed out on it. Well, it is still vacant.
it is still vacant. It would be ideal for the Town
WE
not
had
next d
own
we
the t
Frank, at that time when we discussed that there
the community that came in, and said that they do
Hall leave the Main Road. They feel that this is
IS. Frank, everybody has different opinions. Now, I
in for the property next door. Mr. Stankevicz
000 total for the property adjacent to us. We do
on the end of the driveway here. I believe they paid
£9r it, so as long as we are able to add on, or ~1o what
Pbt people in a work situation that is healthy, those are
beert i
believe they got an elevator, too. That would have
)lnlono
an ap
QOCHRAN: The bank sold it before we had a chance to have
We Were in middle of having it appraised. We can only pay
p~ice. We can go lower, but we can't higher.
FRANK CARLIN: You might not agree, but a lot of people in town agree.
SUPERVISOR COCHRAN: Thank you, Frank. Yes, ma'am?
JANE DORELL: I have just one question. I am Jane Dorrel from East
Marion. I came here today hoping that there would some discussion,
something on the agenda regarding the possibility of an electric utility
here in the Town of Southold, and I am just wondering where that stands?
SUPERVISOR COCHRAN: Alice, would you like to fill them in? We
discussed it quite extensively this morning.
1
SEPTEMBER 29, 199'8
COUNCILWOMAN HUSSIE: One of the reasons that we are probably so
punchy this evening is that we spent a lot of time on this, and we had
arguments back and forth, discussions, debates; You name it, we had it.
My goal was to establish an electric company, a paper company. One of my
arguments for the creation of this company was to give the town the
aOpportunity to go out, and get more information, and also to put this on as
referendum for ~everYbodY to'have a vOice in, because, as marvelous as
we are, we are not able to decide everything like that, and I think that the
people are far smarter than .we are S° the :formation of.. the
company and referendum would:
d~i It Would"als0'aliow us,
fin.
thl
I of , all of
For h~e nati
at 6
make the
o 'out and
kind of
'1
electricrty. '
compa~n¥ at L[ I kii~wa~t
subst~r~tiat~d, khow I
definite. Unless we are a company we can
· S
Ye are, we need x number of kilowatt , or
ng to '~hbrge'~'and get a; number. I talked Of
Lyn. pbrclc he to me
process, to get
some of this information, and he kind of got, well, we don't know,~ what dO
think, and don't call us we will call you kind of situation. The., day after
his Board formed the company there 'were people kn0cking~a~'! his docir~
They were either ready to sell him him
take over the whole system and do
difference between being a bona fide company, and
mii~ded board members that wants to do 'Something,
the ability to follow through~
JANE DORELL: To form a company you require an expenditure?
COUNCILWOMAN HUSSIE: At this point it woUld require nothing. We would
have to pay for, if it was a referendum that was a special 'referendum, we
would have to pay extra for. If we had to have done all of this at the time,
and were able to have gotten this on as a referendum by this November we
wouldn't'have had to pay for it, because all the voting groups, and all that
stuff is in effect already. The foundation of a company do~s not oblige us
to proceed. I mean if everybody said, yes, let's do this, we would still
have to go step by step by step to make sure that we were doing the right
thing, and would -assume that the public would be involved in that. I do
not consider the amount that has been given to us as a possible expense
fop this, $47,000,000 as chicken feed, or small potatoes. It is a lot of
money. However, it would be paid out of revenue anticipation. The other
thing that we only briefly went on to discuss this morning, and this
afternoon, was the necessity for SEQR, which, is something that there are
those who say that the. formatl°n of an electric co.mPan, y is going to effect
the water, it is going to effect the air, It IS going to effect
transportation, it is going to effect all of these thiiigs. I tell you my
common sense will not allow me to take that into consideral~ion. As far as I
am concerned the formation of a paper company is not going to have any
effect on a drop of water, or any of that kind of stuff, and in deed, the
scallop [aw that we are trying to pass certainly has an effect on the
environment. I can see that. So, anyway we debated 'this left and right,
and up and down, back and forward, finally, and I hope I am going to be
able to prove this, I said that in two weeks I would come ba~k V~ith the
'information that I could possibly get for four generators of 'electricity, to
find out if I can indeed make any headway at all, as a well meaning I~oard
member So, that is where we are.
SUPERVISOR COCHRAN: And the Town Board has the responsibility. We
had the study done eight, twelve years ago, so they review that, bring
them up to date, and there was another report.
COUNCILWOMAN HUSSIE: .I.W. Beck did one about twelve years ago. We
did one about four or five years ago, and then .we have this one. All of
them have come up with the same thing, but really they should look into it.
JANE DORELL: All of them have come up with the fact that it is feasible.
COUNCILWOMAN HUSSIE: Feasible~ yes. What feasible means is it has a
reasonable chance to succeed. Until we know that it has a definite: chance
of succeeding I don't think I, or anybody else on this Board would want to
do that.
JANE DORELL: But, there is a great deal of interest, a :tremendous
amount that I know, because I was one of the volunteers who took the
initiative for the referendum around. I got many signatures.
COUNCILWOMAN HUSSIE: That was for the LIPA thing.
JANE DORELL: That was for the LIPA, but at the same time everyone
who signed wanted to know what about what was going to happen with the
utility from the Town of Southold, so there is a lot of interest out there,
and a lot positive feelings.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
FRANK KUHN: Frank Kuhn from Laurel. Two. questions really on the
same subject, again the electrification. I am a little unclear as to what
the next step is. Is Mrs. Hussie is going to do the survey?
COUNCILWOMAN HUSSIE: It is not really a step in the process to form a
company. It is just a sort of measure temporarily to get everybody back on
the page. We had such a wild discussion this morning, and I don't seem to
be able to get the sense of where the true opposition is coming from. It
seems to come from a lot of different quarters, so one of the big opposition
things was why do we have to do this, because we can get all the
information that we need without forming a company, so in order to answer
that question I am going to do my little survey.
FRANK KUHN: What is the next step the Board should take? When will
that be?
COUNCILWOMAN HUSSIE: It is to forma a company, and then have a
referendum, and when that is going to happen is up to this Board.
FRANK KUHN: Is there a target date to make a decision, either to form,
or not form a company?
COUNCILWOMAN HUSSIE: No, we haven't dated that. At one time, in my
mind our target date was to have it formed in time for this to be on the
referendum in November. That time has come and gone. It would have to
be a special referendum.
FRANK KUHN: Is there a will with this Board do that, to form a firm
date, or at least as firm as you can make, to make a decision?
COUNCILMAN ROMANELLI: I think if there was a majority will, it would
have already happened, so I think there is still a lot of debate going on
amongst the Board on which way to go.
FRANK KUHN: I am just wondering what is it going to take to make a
decision one way or another?
COUNCILWOMAN HUSSIE: I think we are right now we are, go ahead
three, reluctant three. That's where we are.
FRANK KUHN: My other question relates to an article in Suffolk Life a
few days ago concerning the Town of Huntington considering a law suit
against LIPA/LILCO. My question is, where does this Board stand on
that? Have you investigated it? Are you aware of it?
COUNCILWOMAN HUSSIE: This Board has not been advised that that was
happening. It was done without our knowledge. I 'don't know if we would
have entered into that lawsuit or not. I didn't know about it until I read
about it until I read it in the paper, too.
FRANK KUHN: According to the paper, and that is the only thing I can
go by, they really haven't filed a suit yet.
COUNCILWOMAN HUSSIE; That was according to the paper last week, but
they did. I think it Was yesterday.
FRANK HUHN: Is this something you would consider?
COUNCILMAN MOORE: I didn't see that article, so I don't know what they
are doing.
SUPERVISOR COCHRAN: ! haven't seen it.
COUNCILWOMAN HUSSlE: That particular one wasn't the tax certiorari.
FRANK KUHN: This is about tax revenue, that was collected by LILCO.
COUNCILWOMAN HUSSlE: And it also dealt with the absolving of having to
pay the $2,000,000,000 to the IRS?
FRANK KUHN: The last paragraph, or the next to the last paragraph,
they mentioned a lawyer, where it isn't costing the town, apparently, any
money, so it seems to me it is a no loss situation if you get into that.
COUNCILWOMAN HUSSlE: The best answer I can give you, Mr. Kuhn, is
that we were not invited, not that we were left out, but we weren't part of
it.
FRANK HUHN: I am sure if you talked to this lawyer he would be happy
to include you, I assume. I don't know what the legalities of something
like that are.
COUNCILMAN MOORE: The other lawsuit that we are involved in deals with
the tax rebate, 1.2 billion dollars, which LIPA agrees to settle with half
of that amount. So, we talked to Mr. Like, and that is the lawsuit we got
involved in.
FRANK HUHN: It would seem the bigger the pot the bigger his
continuances. Is this something you would consider, or going to consider?
SUPERVISOR COCHRAN: We will have to find out more about it. We will
find out more about. Yes, sir? Mr. Samuels?
TOM SAMUELS: Tom Samuels from Cutchogue. Just two things, and I will
be 'very brief because the hour is late. We have a truck scale at our
operation in Southampton. It is the latest, the greatest of computerized
truck scales. It is capable of weighing /~0 tons, but it also goes up to 60.
Those scales were never meant to weight 20 pounds. If the wind is blowing
northeast you get one rate. If it is blowing southwest you get another
weight. The sensors are not that acute that they can pick up small
weights. It is impossible. If you drive the truck off the scale, and back
on the scale you will get a different reading. If it is raining you will .get
a different reading. If it is snowing you get a different reading,-if the
temperature is lower, if the temperature is higher. You can c~librate them
unti! the cow come home. It costs a lot of money to have them calibrated,
and we frequently do jobs for the Corp of Engineers where we weight tons,
and tons, and tons of stone, which is why we put it. in in the first place.
They insist in more frequent calibrations. We do the frequent calibrations,
but, again, the adjustments are good for a little while. In fairness to
Frank, who is my very good friend, I think highly of him, these truck
scales were never meant to weight 20 pounds, and if you look at the
percentage of error between ~,0 ton, or 50 tons at 20 pounds, they are
pretty damn good scales. The other issue is the electric company, which is
to my way of thinking is a no-brainer._ We have absolutely nothing to
lose. We have badgered this issue for years, and years, and years. They
remind me of the great issue we had back in 1989, and I am not going to
SEPTEMBER 29, 1998
bring that one up. It just has to be done. You have to give the public a
shot at ~thls electric problem. I had hoped to have Jimmy Holman with
me, He is probably, one of the largest users of electricity in the Town of
Southold; with his freezers, and his refrigerators, and so on, and he would
have been here, however he is on vacation. He will come on another
occasion and speak. It is unfathomable to me why there is any opposition. I
can't understand.. It is a no-brainer. The other thing that concerns me as
I understand it is that the Town Attorney required a long form ElS
statement.' I probably filled out forty of those things, and I understand
would want an arm!s length transaction, or a
er than. the Planning
Pos ~Dec'out of Southold les.
.IPA.~ runn:ing lines of or
;..T~hat is a rea et
do ore. It is a pocl issue. We are paying
is ridiculous. Let's' take a it.
Who~ What harppened: ,to' Brookhaven and Wading
is, and We Ne are
a lot .of people in! .th pay as
~ do on their .mortgageS. Yot les
~s~. It ~is terrible. We gl me
company going, o,tat
ipeople need the
mucl~
to
on
all :;We
Th~n!k
Mo
JOE:,
do!
tal
Sc
of
vote
rea,~
to
y why, and
Go[d, $out~hold. I am not going to talk about scales~ and I
about 'the electric company, because .Tom; said ~eveFything
absolute no-loss situation. Form the company.
out at the referendum. The thing I want to
going into Executive S:essi~on. during: t ~e Work
many times I
ns to go into Executive ney~client
Period. You can't d° that~ the
able to conduct their busi~
town one cozy deal to ;s~s
~ducted in secret. I o~e
graph of the open meeting
if they are to rema.n
Period. Maybe in
people in the town the
this year mak~
when there is no
h. You have to explain has 1:o
be litigation involved. · liti has to be
n?t a blank check. You can not just Waive the eighth
juist saY, reason number four, personnel. ~Ou have got
is ~!isn't~ =Eieing done.
TOWN ATTORNEY YAKABOSKI: Can I respond? You folks sit in on open
meetings a lot, and you stated that there are eight reasons enumerated for
Executlve:~:'~Sessfons. :You are absolutely correct, and you are absolutely
correct in the statement that when you say that the Board can not go from
an open meeting, make a motion during the open meeting, and go into
Executive Session, except for one of eight enumerated reasons. However,
wheFe I belie¥~ you are getting confused is that you have not read the
entire ~open M~eting I~aw. Let me hand you something. It is on the same
page. ;This is t~rom New York Open Covernment Law Your Right to Know.
JOE GOLD: I want to clear up something, because I believe you are a little
confused. I am reading from the Open Meeting Law. This is not the Open
Meeting Law.
TOWN ATTORNEY YAKABOSKI: May I please finish? What that states is
there ~are..what I think is important for everybody to understand, I spent
some time with Pat and Albert today, is a Town Board, any Board, must
conduct it's business in an open meeting. That is correct. Here is your
open meeting. You have to have discussion in a decision making process, or
the actual decision where the Board takes a vote, just like every time here
today people voted on resolutions in the open meeting. During that open
meeting, once. you are in the open meeting, the Board can only ask people
to leave the room, and go into Executive Session while the Board discusses
SEPTEMBER 29, 199.8
COl
op~
confuse a~.tol
for ei
Freeman.
issues, or makes a decision, for those eight reasons. Where the difference
lies though is that what I just handed you, I didn't get the book out, I
don't remember the exact section of the Open Meetings Law, but 'there are
exemptions, three exemptions, from the Open Meeting Law, and.what that
means, Mr. Gold, is under those re-exemptions the Board never has to go
into the open meeting~ so when you made a reference .earlier, .for example,
to attorney-client privilege not being one of the reasons for going into
Executive Session, you were correct. However, attorney,client privilege is
an exemption from the Open Meetings :Law. The Board is client. They are
entitled to. receive legal opinions from their counsel, That is net .part of
the open meetings. You never get in the door. You never get in. the.
meeting..So, if you are never there you don't have to worry abOat"whether.
or~ not you~are going into Executive Session, what you do is:
attorne.y. '.client discussions~ Now, what happens when the s an
atto~ne~ e:l!ient~,~ th'e~'~Board can come to. me anytime, Monday [hrough,; Friday,
Saturday, SUnday, get together for asking a legal, opinion, on an issue
before any special Counsel that works for the Boards is
they ask 'the issue, and 'the' attorney will, give the legal
is'alloWed to ask questions to kind ,of flesh out :theil
does not Occur during "those Sessions iS the decision, makingr.:proce ~e
Board then does not turn, for example .this morning:there was .a,..di: 'on
under attorney-client privilege. That is' why o
into Ex:ecutive,~ SesSion; What does not occur iduri ~t
meetings, or gatherings, is the decision' making'
after ask my opinion, and say, Greg, please leave the room
decision. That doesn't happen, nor can the Board actually make a (
the resolu[ion. That: is when the Board comes back in. That can
during '~he open meeting, the decision makin(
a quorum.. In this case'lt would itake
members, of the BOard. That is what; the ~ ou
have any ~questions on 'this, please, ple,a, se call a
number I just g/ave you. That is a pamphlet that the
State has a standing committee on open
an .open government question, and~ I
because it~'is an important issue. Please, give. him..a~
will be able ,to this. What happens unde~
which .are~ .urider Federal and :State
discussions
Board is not for
'! are edtitled to have thath 'of
go into a
'with ~the
¥:' meetings you
This is outside :of
JOE GOLD: 1 don't want to go on with this. The hour !is late. I'a.n talking
about the open meeting law. You are giving me a pamphlet;
TOWN ATTORNEY YAKABOSKI: When I get to my room.
JOE GOLD: This says, matter made confidential by Federal or State law
are exemptions. That is an opinion of this committee.
TOWN ATTORNEY YAKABOSKI: Let me get the law.
JOE GOLD: I could continue with the Board, because this doesn't involve
the Town Attorney. We are talking about the appearance of impropriety
here. We could go back and forth here for an hour, but we won't. The
point is, why are you doing this?
SUPERVISOR COCHRAN: Doing what?
JOE GOLD: It seems to be we are continuing to have Executive Sessions
with no specific reason given. It seems to me this a way of doing business
that has happened only in this past year.
SEPTEMBER 29, 1998 1 ~'7
COUNCIL.M. AN R,OMANELLI: Every t. ime we go into Executive Session at the
open meebngs, When We make a n~°tion t:° go int°. ExecUtive Session there is
always a motion made as to why we go. to Executive 'Session, so you can't
sit there, and put words, and get the camera, and tell people that we are
just going into Executive Session for no reason. When we go into Executive
Sessi°~ c~Uring, the open..meeting everybody Would say wi are: going into
Executive Ses~,0n for ~ontract negotiatiOns, for personnel matter~.
JOE GOLD: That's not gOod enough.
COUNCILMAN ROMANELLI: You can't give the personnel matter out.
JOE .D: If read the law, you say contract negotiations involving:
such such. If it is personnel matter you say it is
a personnel the salary of an individual. Every personnel is
not Session. Every contract negotiations is not
grounds for Session. Every property acquisition is not grounds
for Executive .ession. You got to be more specific.
ATTORI
Th
know you
the Open Meetings
are reading from (.
SKI: Mr Gold, the law you are referring to, the
in Public Officers Law, New York State Law.
Meetings Law. If you turn to page 316, I
it in front of you, the copy machine was turned off,
has several sections 100 through 111. I believe you
n: .103, am I correct?
JOE COLD: No, I am not. I am reading from 105, Executive Sessions.
TOWN ATTORNEY YAKABOSKI: Do you have 107 in front of you?
JOE GOLD: No~
TOWN ATTORNEY YAKABOSKI: 107 actually excuse me, 108, it is entitled
exemptions. Nothing contained in this article, the article referred to as
the Open Meeting Law article shall construed as provisions hereof, reads
one, two and three. Number three is any matter made confidential by
Federal or State Law, which is what I handed to you earlier. It quotes from
this.
JOE COLD: Where does attorney client privilege appear in State Law? It is
CPR Act, and it is generally referring to judicial proceedings. In Federal
Law it appears in the Federal Rules of Evidence.
TOWN ATTORNEY YAKABOSKI: Mr. Cold, please, don't take my word for
it. Please call Bob Freeman. He is an individual who heads the standing
committee on open government. Please give him a call. If you want to stop
by tomorrow I will give you a copy of this.
JOE COLD: I have the books. You are giving an impression, which I am
sure you don't want to give. Maybe you are giving the impression which is
unnecessary, and that is that there is a lot going on in Executive Session,
a lot more than used to be.
SUPERVISOR COCHRAN: I don't think so. We do not abuse going into
Executive Session. That is something we do not do as a Board, nor will I
allow it, nor will Greg allow it. When we go into Executive Session, and
it's personnel, we will say it is personnel, but we don't mention who the
person IS.
JOE GOLD: You don't have to, bUt you can't go into Executive Session for
every personnel related matter.
SUPERVISOR COCHRAN: We don't. Only if there is a problem, or
something that is personal to that personnel, to that person or that
situation. We don't goin for every personnel matter. I, too, would like to
suggest that You contact Mr. Freemen. Also', you can contact the
Association of TOwns and Villages. Call me ~and I will give you the number.
They have four or five attorneys on staff. They would be more than happy
to just let them know We have spoken, and they will .be more than ha.ppy to
give you any information you require, but as sUperviSor i feel at thl~ time
we are not violating the trust of the public. Thank you.
ROBERT LEONARD: Good evening. Robert Leonard, S & L Irrigation. I
have been, not ~necessarily before this Board, but:before the Planning
when I started to
was told that LB
has been
I am
was :hoping
re about~ my
sign. I don't really care about my fence.' I do care. more or less of' 'having
my business :a legal zone, ny,
because it was
! tinder'stand lm is
th mne months I
illegally out of my
COUNCILMAN MOORE: Did you need to get a building permit'to make.your
use change?
ROBERT LEONARD: As I understand it, and that is why I am. up here
right now asking you this question, do I need to?
COUNCILMAN MOORE: You can have use changes of property that don't
necessitate getting a building permit.
CObNCILMAN ROMANELLI: We are looking for a site plan, whereas
everything got triggered in his case. The site plan just opened the typical
can of worms, but your question was, are you going to operate illegally.
ROBERT LEONARD: What my question is, I mean, I was told I need a
waiver or a site plan review, because I asked for a fence. Then they told
me I can't put uP my fence anyway, because of the moratorium. Now I am
being told, maybe I'can put up the fence. The bottom line is, if I say, the
heck with the fence, I don't want a fence anymore, can I be CO'd for
an irrigation warehouse and office, and live there happily, or I am still
going to run into opposition, when I come down and ask for that?
COUNCILMAN MOORE: Do you want my opinion?
ROBERT LEONARD: I want the Board's opinion. I mean I asked the
Planning Board a year and a half ago, and they told me absolutely no
problem, move in, enJoy. We would like to have you as a neighbor. Every
since I have done that I have had nothing but opposition from everybody I
talk to around here it seems.
COUNCILMAN MOORE: Assuming you got Site plan waiver, I don't know if
you did or not.
ROBERT LEONARD: I am trying, but they are tied by the moratorium they
tell me, that they can't even waive my site plan because of the moratorium.
They said we can go through all the motions, but they can't make a final
determination on that.
COUNCILMAN MOORE:
you.
I am sorry I don't have an immediate answer for
SEPTEMBER 29, 1998
ROBERT LEONARD: Maybe on the 13th we can discuss it again? I guess
that is what I am going to have to wait for, I supposed to go before the
Planning Board again on the 5th, but I would assume they are not going
to have much more answers for me with the moratorium being held over to
the 13th, as far as changes.
COUNCILMAN ROMANELLI: The two boards have to iron it out. You have
so many problems.
ROBERT LEONARD: It is sort of catch-22.
COUNCILMAN MOORE: We just don't want to assume what they are doing
at the moment over there.
SUPERVISOR COCHRAN: Would you make a appointment to come in, and
talk to the Town Attorney, and Mr. Forrester the head of the Building
Department, and so we can look at both sides of the issue, and see what
th~ Problem is and so on, and so forth. Please, call Greg's office tomorrow,
and ask for Carol his secretary, and she will set it up as soon as we can.
Is there anyone else who would like to address the Town Board? (No
response.) I would like to inform you that the Town Board did not pass the
resolution giving you, or the law giving you the authority to make the
decision on sca~.llops. The determination will stay with the law as it is now
presently. Maybe it can be looked at in the future if you,;still have.strong
feelings on it with solutions. Anyone else like to address the Town
Board? (No response.) A motion to adjourn?
Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
6:50 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