HomeMy WebLinkAboutTB-10/13/1998REGULAR MEETING
A Regular Meetin9 of the Southold Town Board was held on October
13, 1998, at the So~thold Town Hall, Main ROad, Southold, New York.
Si~pervisor Cochran opened the meeting at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present:
SUPERVISOR COCHRAN:
bills of October 13, 1998.
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. RomanellJ
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
May ! have a motion to approve the audit of the
Moved by Councilwom~in Hussie, 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 $94,732.13; General Fund
Part Town bills in the amount of $590.19; Highway Fund Whole Town bills in
the amount of $11,687.45; Highway Fund Part Town bills in the amount of
$8,010.73; Chips (Highway Part Town) bills in the amount of $28,713.85;
Capital Projects Account bills in the amount of $5,602.85; Landfill Cap S
Closure bills in the amount 'of $27,1~29.82; Open Space Capital Fund bills in
the amount $1[[.18; Employee Health Benefit Plan bills in the amount of
$27,861.19; E-W Fire Protection District bills in the amount of $69,511.64;
Fishers Island Ferry District bills in the amount of $3,313.07; Refuse &
Garbage District bills in the amount of $21,778.1u,; Southold Wastewater
District bills in the amount of $228.58; Fishers Island Ferry District
Agency & Trust bills in the amount of $684.69.
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: A motion to approve the minutes of September 29,
1998, Town Board meeting?
Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the September 29, 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 date of a Special Town Board meeting
for October 22, 1998 at 4:00 P.M. to adopt the Preliminary Budget.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that a Special Meeting of the Southold Town Board will be held
at 4:00 P.M., Thursday, October 22, 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: Set the next Town Board for Tuesday, the 27th
at u,:30 P.M.
OCTOBER 13. 1998
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the next regular meeting of the Southold Town Board will
be held at 4:30 P.M., Tuesday, October 27, 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: From time to time it is the Board's privilege to be
a part of the some of the nice things that happen in Southold Town, one is
the results of the work done by our Landmark Preservation Committee. Mr.
Greene, as Chairman, would you like to come forward? John, I would like
you to take a moment to introduce the Landmark Committee.
JOHN GREENE: There are four members here tonight, including myself,
the Chairman, Herb Adler, Ralph Williams, John Stack.
SUPERVISOR COCHRAN: This committee has continuity, because both these
gentlemen have been there a long time, and they teach the new people like
Mr. Greene here.
JOHN GREENE:
Kassner.
We have two members missing, Deborah Windsor and Bob
SUPERVISOR COCHRAN: Do you have something special?
JOHN GREENE: Yes, we have a number of awards this evening.
Unfortunately, all the people that were supposed to receive their awards
were not able to come. I can tell you an interesting antidote about Mr. and
Mrs. Tare. The Tares were just on a cruise to Hawaii, and she got off
the boat to look at a beach. The first ~ime she had been to Hawaii, the
first time she had been to a beach on Hawaii, watching the water, got
knocked over, and had a dislOcated shoulder. So she is not able to join us
this evening. Mr, and Mrs. Ernest are just coming back from Washington,
so they~ are not here. Unfortunately, I did not hear from the owners of
Storrs/Eester House, but everyone else is here. With that, why don't we
go alphabetically, and start with Mr.and Mrs Asip. The Asips have a
rather fascinating classic Long Island farmhoUse. They approached
Landmark Preservation a couple of months ago with the idea of having us
come out and taking a look, which we did. Ralph and John, I think they
were in charge of poking around upstairs in the attic, and I believe that
Mr.Asip even volunteered to pull down a wall, so that Ralph could go up
and look around. They also have had a tremendous amount of research on
the property, and the house, and it's history, and it is rea. ll¥ quite an
interesting property, and I think you have done a wonderful jol~ restoring
it. It is On Bridge Lane.
SUPERVISOR COCHRAN: On behalf of the Town Board I would like to
present you with this certificate, Town of Southold Historic Landmark,
Asip House. The structure has been designated a Landmark.
JOHN GREENE: In addition to that you get your bronze medallion. The
second award is for Ted James, and the Theodore James House, which is on
Indian Neck Lane in Peconic. Now, Ted has been back and forth I guess
with the Landmark Commission for about twelve years. Ralph and John first
went out to see Ted James I think in about 1986-'87, and then you can
appreciate there is a big hiatus between then and now, but Ted recently
approached us, and said, why don't come back now that my garden is
finished? I think most of you know that Ted is a well-known garden
writer, a lecturer, a columnist, and has indeed installed quite a
spectacular garden, and uses it as a showcase in collaboration with his
photographer, Harry Teralondoff, for many of the shots for his books.
So, it is with great pleasure that we give this, and one other little
antidote here. It is said that Thomas Jefferson when he visited Southold in
about 1780 someone did stop at Ted's house, and gave a lecture on new
wheat grains, so there is a decided agricultural connection.
OCTOBER 13, 1998
THEODORE JAMES: It is quite a gratifying experience to anybody that has
been through this. You know, twenty-five years of either heaven or hell
depending on how you look at it, and finally to get that nice pat on the
back. Thank you.
JOHN GREENE: We have a special award for Mr. and Mrs. Harper. Bob
and ,Kathe.~ine~ please, come up, Bob and Katherine's house has been on
the HistOric Landmark, ,or has been on Landmark in Southold Town for
many years. When they originally approached the Landmark Commission
their house was not as in good shape as it was today. During, how many
~years have been here? Ten.. They have done a truly remarkable job on
heir house located on New Suffolk Avenue in Mattituck. The
restoration ~ ten years of research, and love, sweat, and
tears., I have feeling i.n this house, and it is truly a remarkable residence.
If any of you ever have. the opportunity to either be invited over, or ,to go
and visit it I d strO~ -ge you to do this. I think the Landmark
commissiOn . We went to see it on a very her day in
July Harper gave us iced tea and Cookies in the
gave us 'th~s fabulous tour from the top to bottom; and I must
say it is a :token to people who truly appreciate the: historic s~ructu~res in
our town.
)R COC ~N: This is a certificate of recognition, and it is
sp, ition as a result of renovating and redoing your
house,~ and we are very pleased that you are a part of the program. Thank
you very ~.:r~uch.
JOHN GREENE: We have one more award. It is actually going to me. I
must say that there are other properties that are part of this, and this is
to recognize the Cosden Estates Historic District, which is on
Soundview. Avenue in Southold. What is unique about this district is that
the Cosden family came to Southold at the turn of the century. They
commissiOned a fellow called James Burly, who was a well known architect at
the time. He did a number of houses on Long Island, Connecticut, and had
received.a commission. He is also a landscape architect, and if any of you
have. driven on Mt. Beulah, Soundview in that area you can appreciate
his 'hand touched that landscape. There was a newspaper article in 1916
about 'dlinarily beautiful it was. I think if you drive Mt. Beulah
today :it , and large, continues to look that way. All that remains right
now are servant houses, and outbuildings which were restored by the
Ernests, Mr. and Mrs. Tare, who are my next door neighbors, and
myself.
SUPERVISOR COCHRAN: Is the story true? I have always been told that
Mr. Cosden felt that Southold was getting too crowded, and he had a big
wrecking ball come in, and they destroyed this absolutely magnificent
house. That is what the old timers tell me.
JOHN GREENE: The house was torn down before World War II. With
respect to local law, I think I can tell you about the stories as to why.
My personal belief is ~ncome taxes, given the estate was built with
pre-income tax money for $250,000, and I think that is fascinating
because relative to the great space of Long Island, this property is
occupied for lU~0 years, which is a long time relative to many estates on
Long Island, but as you can all appreciate during the depression.
SUPERVISOR COCHRAN: To maintain that beautiful, beautiful look of
driving down Mt. Beulah with the trees arching over the road, Ed Dart and
his Tree Committee are replacing trees where needed so that eventually
they Will grow, and catch up to some of the old ones, and form a tunnel
down Mr. Beulah. John, not only for your work on the committee, and
serving as Chairman, but because you truly have such an i~nterest in this
area, as to your committee they are sincere people who truly love what they
are doing, and realize the importance of this, as does the Town Board, so
it is with great pleasure that on behalf of the Town Board I present you
with your certificate and plaque to go on the house. Thank you, John.
I. REPORTS
SUPERVISOR COCHRAN: Those of you that have the agenda, if you do not
there should be copies out on the front table. As you know the Town
Board receives reports from all committees and departments each month.
They are listed on the agenda. They are filed with the Town Clerk. If
there is anyone that would like any of this information it is all public
information, and please feel free to come in, and request what you think
you would like to have shared with you.
1. Southold Town Clerk's Monthly Report for September, 1998..
2. Southold Town Planning Board Monthly Report for September, 1998.
3. Southold Town Scavenger. Waste Treatment Facility Monthly Report for
September, 1998.
4. Southold ~Town Recreation Department Monthly Report for September,
1998.
5. HHS Administrators Claim Lag Study Analysis Town Monthly Report
for September, 1998.
6. HHS Administrators Claim Lag Study Analysis PBA Monthly Report for
September:, 1998.
7. Town of Southold Budget Report for month ending August 31, 1998.
8. Southold Town Justice Bruer Monthly Court Report for September,
1998.
9. Town of Southold Budget .Report for the month ending September 30,
1998.
10. Southold Town Building Department Monthly Report for .September,
1998.
II. PUBLIC NOTICE.
SUPERVISOR COCHRAN: Public notices in relation to a beach at North
Road here in Southold. The hearing is going to be in the conference room
on the 17th at 10:00 A.M.
1. New York State Department of Environmental Conservation Notice of
Rescheduled Public Hearing and Notice of Complete Application of JMC
Capital Corp to sink approximately 20 boulders currently exposed on a
beach at 628;~5 North Road, Town of Southold, SCTM #1000-40-1-11.1.
Public hearing NoYember 17, 1998 at 10:00 a.m. in the Conference~ Room,
Southold Town Hall, 53095 Main Road, Southold. Written comments by
November 13, 1998.
i11. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we have had a letter from
Coalition of Chambers of Commerce, one from Mike Ryan, North Fork
Volleyball thanking us, a letter from Mr. LoGrande. As you Enow the Water
Authority is buying lots of parcels in the Town of Southold testing for
water and wells. We worked out with their Board that if they come to point
where they want to sell any of the lands that they have purchased, that
the Town would have first refusal. Also, a letter thanking us for the grant
for the Opera of the Hamptons Program, that took place here on the
North Fork, the different programs.
1. Suffolk County Coalition of Chambers of Commerce to Supervisor
Cochran in regard to introduction.
2. MiChael Ryan of the North Fork Beach Volleyball thanking the Town
for continued support.
3. Michael A. LoGrande, Suffolk County Water Authority to Supervisor
Cochran in regard to request for right of first refusal on parcels of
property.
/~. Martha Campanella, Opera of the Hampton, thanking the Town for
the grant.
OCTOBER 13, 1998
'I 59
IV. PUBLIC HEARINGS.
1. 8:00 P.M., on a proposed "Local Law in Relation to Stop Signs at
Azalea Road and Meadow Lane".
2. 8:05 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 SR 25 and Manhasset Avenue in the
Town of Southold".
3: 8:,10 P.M., a a proposed, "Local Law in Relation to Amending
Section 4 E~XclUsions of the Local Law Adopted on September 5, 1998 entitled
"Temporary'MoratOrium on the Issuance of Approvals and/(~r Permit~ on
Busir~ess ;~oned Along the Route 48 COrridor in the TOwn of Southold".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy in
relation to the resolutions. If there are any resolutions on the agenda,
that you would like to address at this point before we pass the resolutions
now is your chance. You will have time later on at the end of the meeting
to address the Board on any Town business that you would like present to
the Town Board. So, is there anyone that would like to address the Board
in relation to any of the resolutions that we will be acting on? (No
response.) If not, we will begin with number one.
1.-Moved by Councilman Moore, seconded by Councilwoman Hussle,
WHEREAS, this year we mark the 50th anniversary of the Universal
Declaration of Human Rights; and
WHEREAS, Human Rights are the foundation of human existence and
coexistence, and ~they are universal, indivisible, and independent. They
are what makes uS human and they are the principles by which we create
the sacred home for human dignity; and
WHEREAS, Human Rights are the expression of those traditions or
tolerance in all .religions and cultures that are the basis of peace and
progress. Human, Rights are foreign to no culture and native to all
nations. Tolerance and mercy have always and in all cultures been ideals
of government rule and human behavior; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby declares
October 24, 1998 as "Diversity Day" in the Town of Southold.
COUNCILMAN MOORE: There is some backup on that. October 24th is
United Nations Day, and the Southold Town Anti-Bias Task Force is
sponsoring a Southold Town Diversity Day at the Southold American Legion
on the 24th from two to five o'clock, so that is why this resolution
designates that day in this town as Diversity Day.
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 Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
Revenues:
A. 2705. u~0
Gifts & Donations
Other Donations
Appropriations:
A.1010.4.600.775 Town Board , C. E.
Anti-bias Task Force
2. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
SuPervisor Cochran.
This resolution was duly ADOPTED.
$ 857.00
$ 857.00
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
OCTOBER 13, 199!8
3.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To:
Revenues:
A. 2705.30
ApprOpriations:
A. 8560./~. u,00.200
Gifts E Donations
Tree Committee Donations
3. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Tree Committee, C.E.
Trees & Maintenance
Councilman
Evans,
$ 300.00
$ 300.00
Murphy, CoUncilman
Councilwoman HussJe,
~.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southoid hereby
authorizes and directs Supervisor Jean W'. Cochran to execute an agreement
with Richard Halle for folk dancing/substitute instructor, as needed,
$20.00 per hour for the Fall 1998 recreation programs, all in accordance
with the approval of the Town Attorney.
-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
5.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the placement of an advertisement in the Traveler Watchman and
the Suffolk Times newspapers advertising an "Information Meeting" on the
Community PreservatiOn Fund Referendum 2% Land Bank Bill, to be held at
7:00 P.M., Thursday, October 22, 1998, at the Southold Town Hall, 53095
Main Road, Southold, New York.
5.-Vote of the Town BOard: Ayes: Councilman Murphy, Councilman
RomaneJli, Councilman Moore, Justice Evans, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We would like to encourage any residents in the
Town of Southold that has any questions in their minds in relatiOn to the
referendum that will be on the NoVember ballot, please, please attend the
meeting, so you can have your questions answered, and we will try to
answer all the questiOns that you have.
6.-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:
Amount To From
1) $2,ooo
Maint/Facilit[~s & Grounds
(SR 8160.4.100.800)
Qmmy Track [vfnint~nan~
(SR 8160.4.100.565)
2) $1,500 Ncvvspal~r Reauoval
(SR 8160.4.400.835)
Mixed Paper R~moval
(SR 8160.4.400.830)
3) $1,000 Newspaper Removal
(SR 8160.4.400.835)
Repairs CAT'816 Compactor
(SR 8160.4.400.675)
4) $1,000 Glass Removal Plastic P,~'TcHng
(SR 8160.4.400.825) (SR 8160.4.400.820)
5) $ 950 Equipment Renlal Repairs CAT IT12B
(SR 8160.4.400.700) (SR 8160.4.400.650)
6) $ 93.97 Employee Work Gear Mi~. SuppUcs
(SR 8160.4.100.120) (SR 8160.4.100.125)
7) $2,500 Maint/Supplies Trailer Fleet Mnint/MacX Tractor
(SR 8160.4.100.640) (SR 8160.4.100.590)
OCTOBER 13, 1998
8) $1,000 Maint/Supplies Trails Fleet Maint/CAT rrl2B
(SR 8160.4.100.640) (SR 8160.4.100.560)
9) $2,500
Misc. Equipment Maim/Supplies
(SR 8160.4.100.600)
Mainl/Supplies Tl-ommel Screen
(SR 8160.4.100.573)
6. -Vote of the Town Board: Ayes:
RomanelH, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
CounCilwoman Hussie,.
7.-Moved by Justice Evans, seconded by Councilman Romane. i, it was
RESOLVI~D that [he Tt~wn ::Board °t~ the Town of Southold hereby modifies
the 1998 East-West Fire Protection District budget as follows:
To:
SF.3U,10.u~. 400.200 Hydrant Rental
From:
SF. 9010.8.000.00 Retirement Benefits
7. -Vote of the Town Board: Ayes: Councilman
Romanelli, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
$ 22,300.00
$ 22,300.00
Murphy, Councilman
Councilwoman Hussie,
8.-Moved by Councilwoman Hu:ssie, seconded by Councilman Moore, it was
RESOLVED that the 'Town Board of the Town of Southold hereby sets 8:00
P.M., Tuesday, November 10, 1998, Southold Town Hall, 53095 Main Road,
Southold, New York, as the time and place for a public hearing to hear
citizen views on local housing and community development needs to be met
with the approximately $1~,8,000.00 in Community Development Funds the
Town of Southold expects to receive in April, 1999. These funds may be
used, and have been pr~evJously used for a v.ariety of: projects to be
selected by local officials., iEliigible activities include.
Acquisition and demoii{ion of blighted property
Housing Rehabilitatiof~
Ehmmatmon of physical barriers for the handicapped
Public facil:ities and improvements
Street reconstruction
Code Enforcement
Public Water Projects
Economic Developmen. t i
Public Services (Limited to 15%)
8. -Vote of Ayes: Councilman Murphy, Councilman
Romanelli, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR
Town Recyclin
~ber nine, a resolution appointing a Southold
is being held.
10.-Moved by Councilmal
RESOLVED
reappoints Wil
Assessment
through Se
10. -Vote of the
Romanel Ii,
Supervisor Co~
seconded by Councilwoman Hussie, it was
Board of the Town of Southold hereby
Jr. to serve as a member of the Board of
(5) year term of office, effective immediately
Ayes: Councilman Murphy, Councilman
Justice Evans, Councilwoman Hussie,
This resolution was duly ADOPTED.
11.-Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Mattituck Lions Club to use the following Town Roads for
its annual Halloween Parade on Friday, October 30, 1998, commencing at
6:00 P.M., provided they file with the Town Clerk a One Million Dollar
Certificate of Liability Insurance naming the Town of Southold as an
additional insured: Pike Street, Westphalia Avenue, Sound Avenue, and
Love Lane, Mattituck, New York.
11 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
OCTOBER 13,1998
12.-Moved by Councilman Moore, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 13th day of October, 1998, a Local Law entitled "A Local
Law in Relation to Amending Certain Sections of Chapter 97, entitled
"Wetlands of the Town Code of the Town of Southold", now therefore, be it
RESOLVED that this Local Law be referred to the Southold Town Planning
Board and the Suffolk County Department of Planning fo~ recommendations
and reports, all in accordance with the Southoid Town Code and the Suffolk
County Charter. Said Local Law reads as follows:
A Local Law in Relation to Amendin~l Certain Sections of Chapter 97¢
Entitled W_~-!~--~ds'of the Town Code of, the Town of ~Southold
BE IT ENACTED, bY the Town Board of the Town of Southold as lollows:
I. Chapter 97 CWetlands) of the Town Code of the Town of Southold is
hereby amended as follows:
1. Section 97-12 (Exceptions) is hereby amended as follows:
(7) The ordinary and usual maintenance or repair of a
man-made pond that is created by using an artificial
seal to prevent water from seeping into the ground and -
activities disturbing the bottom lands of, and wetlands
adiacent thereto.
2. Section 97-13 (Definitions) is hereby amended as follows:
WETLAND BOUNDARY OR BOUNDARIES OF A WETLAND - The
outer limit of the vegetation specified in the definition of freshwater,
brackis or tidal wetland. The wetland boundary is to be defined and
flagged at the point where existing wetland indicator species no longer
have a competitive advantage over upland species. Wetland and
upland plants will mix together at this transition zone. The methodology
used to determine this boundary shall be the same methodoloev
utilized in the N.Y.S!D.E.C. Technical Methods Statement relatin~
,to the FreshwatecWetlands Act: to wit, if the innermost portion of
_a wetland is effectively t00 percent wetland plants, the next
concentric ring. shows an area of 7'5 percent wetland species, and
the oUter dn.q i~s al50 percent mix where:the COmpetitive advantage
of upland species: is demonstrated, the boundary line will be drawn
at the mid-point of the outer ring. Where a: site is dominated by
facultative spe,cie,s which are characteristic of Long Island wetlands,.
such as red ~maplb (ACer'rubrum) and black tupelo (NySsa sylvatica),
a community app?ach shall be used in determining the wetland
boundary.iThi~ te~t of what constitutes a wetland community will be.
satisfied if the species are those included :in the description of natural
wetland community types as documented by the New.York Natural
HerCta,qe Program ~n the March 1990 manual entitled Ecolo,cl~ca
communities of New York State." '
WETLANDS [Amended 8-26-1976 by L.L No. 2-1976; 3-26-1985 by L.L.
No. 6-1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland as defined in
Subsection A(2) and lying within seventy-five (75) feet landward
of the most landward ,~,'~' "~ .... k ,-, +;,.,1~1 .... H,,,-I v,,~fl~nH hnHnH~r't/
of such tidal wetland.
OCTOBER 13, 1998
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, §24-0107,
Subdivisions 1 (a) to 1 (d) inclusive, of the Environmental Conservation
Law of the State of New York; o_r
(2) All lands and waters in the town which contain any or all of the
follow n,q:
(a) lands and submerged lands commonly called marshes,
· swampSl siOU,qhSi ~bo,qs, and .fiats sUpporting aquatic or semi-
aquatic ~/e.~etati°n of the follOwing types:
(1) wetiand trees which depend upon seasonal or permanent
flood~n,q or~ sUfficiently water-logged soils to '.¢iive them a
competitiVe'advantage over. other trees; inclUdin.q, among.
others, red maple (Acer rUbrum), willOws (S~JliX. spp.)~, black
spruce ~Pi~ mariana); swamp white oak (QUe~cus bicolor)
red ash (FraXinUm pennsylVanica), blackashl {Fr~aXinus ni,qra),
silver magie' i[Acer saccharinum), AmeriCan elm (IUImus
americana), and larch (Larix laricina); or
~'2) wetland shrubs, which depend upon seasonal or
permanentifl°oding or sufficiently water-logged soils
to Rive them a competitive advantage over other shrubs;
including, among others, alder (Alnus spp.), buttonbush
(CePhalkanthUs occidentialis), bog rosemary (Andromeda
glaucoPhVlla), do.qwoods (comus spp.), and leatherleaf
(Chamaedaphne celyculata); or
(3) emergent ve.qetatfon, mcluamg, among others, cattails
(Tvoha sD~).), pickerelweed (Pontederia cordata), bulrushes
~SciroUs spp.), arrOw arum (Peltandra virRinica), arrowheads
(Sagiffaria spp.), reed (Phragmites communis), wildrice.
(Zizania aquatica), bur-reeds (Spar.qanium sOD.), purolP.
loose'rife (LYthrum salicaria), swamp IooseStrife (Decodon
verticill~tus), .and water plantain ('Alisma planta,qoaquatica);
o._r
(4) rooted, floatin,q,leaved vegetation; including, among others,
water-lily (Nymphaea odorata), water shield (Brasenia schreberi),
and sPatterdock (NUphar spp.); or
(5) free-fleatin~q vegetatio~n, including, among others, duckweed
(Lemna Sop.), b ~ duckWbed (Spiro~lela pol~rhiza), and
.watermeal (Wblffia spp.); or
(6) wet meadow ve,qetation, Which depends upon seasonal
or permanent flooding ~r sufficiently water-logged soils [o
.qive itu competitive advantage over other open land
vegetation; including, among others, sedges (Carex spp.),
..rushes (Juncus spp.), cattails (Typha spp.), rice cut~rass
(LeerSia oryzoldes), reed canary grass (Phalaris arundinacea),
swamp Ioosestdfe (Decodon verticillatus), and spikerush
(Eleochads sop.); or
(7) bog mat vegetation; including, amon,q others, spha,qnum
mosses (Spha.qnum soD.), boq rosemary (Andromeda
~laucophvlla), leatherleaf (Chamaedaphne calyculata),
pitcher plant (Sarracems purpurea), and cranberries
(Vaccinium macrocarpon and V, oxycoccos); or
OCTOBER 13, 199~
(8) submer,qent vegetation; including, among others,
pondweeds (Potamo,qeton spp.), naiads (Naias spp.)
bladderworts ('Utricularia spp.),.wild celery (Vallisneda
americana), coontail (Ceratophyllum demersum), water
milfoils (Myriophyllum spp.) musk,qrass (Chara spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.),
and water smartweed (Poly,qonum amphibium); or
(b) lands and submer,qed lands containing remnants
of any ve,qetation that is not aquatic or semi-aquatic
that has died because of wetr Conditions over a
sufficiently Ion,q :period; prOvided that such wet conditions
do not exceed 'a maximum seasonal water depth of six
feet~and provided further that such conditions can be
expected to persist indefinitelY, bardn,q human intervention;
{c) lands and waters substantially enclosed by aqUatic or
semi-aquatic ve.qetafion as set forth in paragraph (a) or be
dead ve.qetation as set forth in para,qraph (bt, the regulation
of Which is necessarY to Protect and preserve the aquatic
and'semi-aquat c Ve.qetation; and
(d) the waters overlyin,q the areas set forth in (a) and (b) and
the lands underlyin,q (c).
(2) All land immediately adjacent to a "freshwater wetland," as
defined in e'rther SubseCtion B(1)or SubseCtion B(2) and 'lYing within
seventy-five (75) feet landward of them0St landward ~
..................... wetland boundary of suCh :freshwater wetland.
3. Section 97-20. B. (Permits Required) is hereby amended as follows:
(B) Notwithstanding the provisions of Subsection A of this section, the
Trustees may, by:resolution, waive the requirement of a permit'with respect to
lands immediately adjacent to wetlands, ia~ defined ih S~JbSectien iA(3) or B(.~) of
the definition of "~/etlands" in {}97-13, ii the Trastees find and det~r~nine that no
operations are proposed on sLj'Ch lan~s, or thaf~th~ oPerafiens i~r°posed thereon
comply with the standards set forth in §97-28 of this chapter.
II. Severability.
if any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged invalid or:held unconstitutional by any court
of competent jurisdiction, any judgment made thereby shai not affect the validity
of th~s law as a whole or any part thereof other!than the part or prows~on so
adjudged to be invalid or unconstitutional.
III.
State.
~ Underline represents additions
Strikethrough represents deletions
-Vote of the Town Board: Ayes: Councilman
Romanelli, Councilman Moore, Justi, ce Evans,
Supervisor Cochran,
This resolution was duly ADOPTED.
This Local Law shall take effect upon filing with the Secretary of
Murphy, Councilman
Councilwoman Hussie.
OCTOBER 13, 1998
13.-Moved by Councilman Hussie, seconded by Councilman Murphy,
WHEREAS, there has been presented to the Town Board of the Town of
Southold, on the 13th day of October, 1998, a Local Law entitled "A Local
Law in Relation to Amending Certain Sections of Chapter 97? entitled
"Wetlands of the Town Code of the Town of Southold"? now therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 5:00
P.M., Tuesday, October 27 1998 at the Southold Town Hall, 53095 Main
Road, Southold, New~ York, 'as the time and place of hearing on this Local
Law which reads as follows:
dd
BE Iq by ard of the Town of Southold as follows:
I. Chapter, 97 (Wet[ands) of the Town Code of the Town of Southold is
hereby amended as follows:
1. SectiOn 97-12 (Exceptions) is hereby amended, as fellows:
of a
seal t
adi
lands of
2. SeCtion 97-13 (Def~r~itiOns) is hereby amended as~eilows:
- The
outer i
and
no Ion,qer
and
used to
to of
at the T
a
be
satisfied if the s of natural
wetland Natural
ical
WETLANDS [Amended 8-26-1976 by L.L. No, 2~1976:i ~3-26-1985 by L.L.
No. 6~1985]:
A. TIDAL WETLANDS:
(3) All land immediately adjacent to a tidal wetland asdefined in
SubSeCtion A(2)iand lying within seventy-five (75) fee~ landward
~ ' ' '~ '~'~-"~ "~ such a tidal '.".'etlon'~ ;" a
of the.: most, land. rd:, ...~ .... wetland bound ry
of such tidal wetland.
B. FRESHWATER:WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Title 1, [}24-O107,
Subdivisions l(a) to l(d)inclusive, of the Environmental Conservation
Law of the State of New York; or
(2) All lands and waters in the town which contain any or all of the
following:
(a) lands and submerged lands commonly called marshes,
swamps, slou.qhs, bogs, and flats supporting aquatic or semi-
aquatic vegetation of the following types:
(1) wetland trees, which depend upon seasonal or.permanent
flooding or sUfficiently water-lo,q,qed soils to PINe ~hem.a
comPetitive adVantage over other trees; includinc~, amone
.others red maple (Acer rubrum), willows (Salix soo..), black
spruce (Picea mariana); SWamP white oak (Que.rou? biC°lor),
red ash (Fraxinum pennSYlvanica), blaCk aSh (Fraxinus niara),
silver maple (Acer saccharinum),~ American elm (Ulmus
americana), and larch (Larix laricina); or
(2) wetland shrubs, which depend upon seasonal or
permanent flooding or sufficiently water-log,qed soils
to ,qive thema competitive advanta,qe;over other shrubs;
including, among others, alder (Alnus spp.), buttonbush
(Cephalkanthus occidentialis), bo,q rosemary (Andromeda
elaucophVlla), do.qwoods (comus spp;),,and leatherleaf
(ChamaedaPhne calYc[Jlata); or
(3) emergent vegetation, including, among others, cattails
(Typha spp.), piCkerelWeed (Pontederia cordata), bulrushes
(Scirpus soP.), arrOw arum (Peltandra virginica), arrowheads_
(Sa,qittaria sop.), reed (Ph!'a,qmit~s communis), wildrice
(ZiZania aquatica), bU~:rebds (Sparganium spo.~, purple
loOSestrife (Lythrum salic~H~),~Swamp Ioosestrife (Decodon
verticiilatUs), and watbr' PlAni~ain '{Alisma planta,qoaquatica);
or
)rooted, floatin,q-leaved~ vegetation; including, among others,
ater-lily(NymPhaea odOrata)i, water shield (Brasenia schreberi);
and spatterd0ck (Nuphar SOP.); or
(5) free-floating vegetation; includin,q, among others, duckweed
(6) wet meadow vegetation, which depends upon seasonal
~ to
or perm;
land
rushes
(7): bog mat ;vegetation; including, among others, sphagnum
mosses (Spha,qnUmi soo.~; b% rosemary (Andromeda
lauCOph¥11a), leatherleaf~ {~Chamaedaphne calyculata),
itCher p[an~ :(Sarra~nis'~3U~uCea), and cranberries
(v~CCinium mac~ocar~oni~i'hd'V. 'OXYcoccos); or
OCTOBER 13, ~99t~ ,?~,,i~ ~7
(8) submer.qent ve,qetation; includin,q, amon,q others,
pondweeds (Potamo,qeton spp,), naiads'(Naias spp.)
bladderworts (Utriculada spp.), wild celery (Vailisneria
americana), coontail (Ceratophyllum demersum), water
milfoils (Mydophyllum spp.) musk,qrass (Chara spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.),
and water smartweed (Poly,qonum amphibium); or
(b) lands and submerged lands containing remnant, s,
of any vegetation thatis not aquatic or semi'aqUatic
that has died because of wet conditions over a
sUfficiently Ion,q period, provided thatsuch wet conditions
do not exceed a maximum seasonal' water depth of Six
feet and provided further that such .conditions can be
expected to persist indefinitely, barring:human intervention;
(c) lands and waters substantially enc[osed by aquatic or
semi,aquatic ve,qetation as set forth in paragraph (a);Or be
dead.vegetation as set forth in para.qraph (b), the re.qulation
of which is neCessary to protect and prese~e the aquatic
and semi-aquatic vegetation; and
(d) thewaters overlying the ~areas set forth in (a): and (b) and
'the,lands UnderlYing (c).
(2) All land immediately ,adjacent to a "freshwater wetland," as
defined in either subSe~tio~ B(1 ) Or Subsection .a(2) a~diying within
seventy-five (75) feet landward of the most landward c~;5 cf
"~-~o~, .... * ...... *~-~,,,~" of such "freshwater wetland"
..................... wetland boundary
3. Section 97-20:B. (Permits Required) is hereby amended'as fOllows:
(B)' Notwithstanding the provisions of Subsectipn A of ~his section, the
Trustees may, by reSolutiOn, W~ive the requirement o{ a pern~it with respect to
lands immediately adjacent to wetlands, as defined in SubseCtion A(3) or B(~) of
the definition of "wetlands" in §97-13, if the Trustees find and determine that no
operations are proposed on such lands or that the operations proposed thereon
comply with the standards set forth in §97-28 of this Chapter.
!1. Severability.
if any section or subsection, paragraph, clause, phrase or
provision of this law shall be judged invalid or held unconstitutional by any court
of competent jurisdiction, any judgment made thereby shall not affect the validity
of this law as a whole or any part thereof other than the part or provision so
adjudged to be invalid or unconstitutional.
III. This Local Law shall: take effect upon filing
State.
* Underline represents additions
Strikethrough represents deletions
-Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
with the Secretary of
Murphy, Councilman
Councilwoman Hussie,
OCTOBER 13, 1998
14.-Moved by Justice Evans, seconded by Councilman Murphy,
WHEREAS, Eugene Henson has requested that his status be changed
from full-time to part-time; and
WHEREAS, Eugene Henson understands and agrees that medical
insurance, available to him as a full-time employee, will not be available
upon change of status; and
WHEREAS, the Board of Commissioners of the Fishers Island Ferry
District hereby approves Of Eugene Hensonfs request for the said change
in status; now, therefore, be it
RESOLVED that the' Town Board of the Town of Southold hereby changes
Eugene Henson's employment status to that of part-time Ferry Captain
effective October 1, 199'8.
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 coUncilwoman 'Hussie, seconded by Justice Evans~
WHEREAS, the Board of Commissioners of the Fishers Island Ferry
District wishes'to engage ': the . services of a full;time'.employee to replace
Eugene Henson; and
WHEREAS, currentl as a part-time
deckhand re, be it
RESOLVED thal employs
Sean O'Meara on a full-time basis at..a salary:of ~i$8:.25 ~.per hour.
15.- Vote of the Town Board: Ayes: Counc~ilman Murphy, Councilman
Romanelli; Councilman. MOore, Justice Evans,:: Councdwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
16.-Moved by Councilman Romanelli, seconded by Councilman Murphy,
WHEREAS, the north ferry la~ding ramp in Silver Eel Cove, Fishers
Island, which ha~ been ii~ service since 1982, is in need of repairs to
ensure continuing safe operation; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Board of Commissioners of the Fishers Island
Ferry District to' advertise for bids for making repairs to said ramp in
accordance with specificatiqns~
16.- Vote of the ToWn Bbard: Ayes: Councilman Murphy, Councilman
Romanelli, CounCilman` ~'Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
17.-Moved by CouncilWoman Hussie, seconded by Justice EVans, it was
RESOLVED that the TOwn Board of the Town of SOuthold hereby adopts
the following Policy on Sexual Harassment and directs that it be made a
part of the Employee Handbook:
POLICY ON SEXUAL HARASSMENT
The Town of Southold strongly condemns and strictly prohibits all
forms of sexual harassment.
Sexual harassment is aga!nst the law. It also creates an unpleasant
and unproductive working enYmonment. All employees are reminded that
such behavior .s absolutely unacceptable and will result in disciplinary
action or discharge.
The following activities are examples of possible "harassment". All
may be considered serious enough to warrant immediate discipline or
discharge, in accordance with the Civil Service Law.
1. Threatening retribution or promising benefits in return for sexual
favors, whether implicitly or explicitly.
2. Unwanted physical contact. The person being' touched is the
judge of what contact is unwanted.
3. Unwanted sexual advances.
u~. Comments concerning an employee's sexual habits, sexual
preference, or sexual desirability, whether directed directed at him or her
or not.
5. Offensive talk about sex, woman, men or sexuality.
6. The use of demeaning or offensive words when referring to men
or woman.
7. The display of pornographic or other highly offensive material.
8. Any other activity that creates an unpleasant or offensive
working environment, or that interferes with work performance, because of
person~s sex.
It makes no difference if the harassment is "just joking" or "teasing"
or p!ayful". Jokes may be just as offensive as any other type of
harassment, and will ~be dealt with in the same manner.
Harassment by peers is just as strictly prohibited as harassment by
supervisors. No employee may take any action that creates an offensive
environment for any other employee.
All employees' are responsible for successfully maintaining this
policy. In particular, every supervisor and manager has an affirmative duty
to maintain hi: - her department free from any form of harassment.
IF YOU ARE JBJECT OFr OR WITNESS TO SEXUAL HARASSMENT
Any employee who believes that he or she has been the victim of
sexual or wh° .has seen anyone engaging in any of the
listed abo~e shou d report the harassment at once to
his ~isor, to Town Attorney G~eg Yal~ab°ski (telephone
extension 217, or to liance Office Town Clerk Elizabeth A. NeVille
aints may be made in person Or in writing,
compatible ~with a thorough
and kept
investi
and
If ti
Town
includ
the h
York
to
re(
or
their
.the Town will promptly conduct a thorough
;to determine if sexual harassment has occurred.
involves the individuals who would ordinaril¥~
ate means of investigatic~n will be used.
.'. ti( a [on that harassment did occur, the
rectify tl~e situation Without delay. ~This may
.~ of those in or ngi
imposed in ew:
may include a wr
;:well as discharge, h
also be transfe~
required to
is not satisfied he~
as a result
the Com ~r the own
be reviewed.
aith
report sexual ha,~assment will be
actions or retalia~ic~n as a result.of
have no negative:impact upon the
the
age,
Empl(
the
above
on
17. -Vote
Supe
This ~e~
as sexua
of race,
_;NT
haras: .nt is strictly prohibited, so is harassment on
color, :ethnlc~ y, disability, reh.g~on, national origin,
,izenship, or any other category protected by law.
~;are being harassed or discriminated against on
should follow the Same Pro&edure outlined
concerning The 'Town of Southold's policy
other equal employment opportunity matters,
Town Attorney at telephone extension 217.
Ayes: Councilman Murphy, Councilman
Justice Evans, Coun~ilw0man Hussi.e,
Cochran.
Was duly ADOPTED.
I would just like to say that there has been some
did have an attorney out this past week, and we
did for the department heads, and we received information in
relation the awareness Of sexual harassment, and part of that is having a
policy, and it :certainly is something that we will enforce if necessary.
18.- Romanelli, seconded by Justice Evans, it was
Town .Board of the Town of Southold hereby appoints
T. own eth A. Neville as the Compliance Officer for the Policy on
Sexual Harassment.
18.- Vote o1~ the Town Board: Ayes: Councilman Murphy, Councilman
nan Moore, Justice Evans, Councilwoman Hussie,
Su :hran.
This resolution was duly ADOPTED.
19.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the preparation-of a survey of the Southold Town hall property,
at a cost not to $600.00.
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 Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the sponsorship of Todd F. Bryant's attendance in the Suffolk
County Police Academy part-time program commencing October 26, 1998 to
approximately May 7; 1999, at no cost to the Town of Southold.
20. -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 Councilwoman Hussie, seconded by Councilman Moore,
WHEREAS, the Town of Southold is a historic community with roots going
back~ to its origin as'the First English Settlement 'in New York State in the
16~,0; ~and
WHEREAS, the Town Board is desirous of protecting and promoting its
historical and cultural heritage as found in the buildings with the
township, particularly Within its Historic Districts and its traditional
hamlet, s, and
WHEREAS,~ the Town Board recognizes that. these buildings are a
signffi!cant asset to the community for econ0~c, as well as a visual,
ar~:hitectural and Cultural reasons, and
WHEREAS, the Landn~ark PresErvation Commission wishes to consolidate
infodmation about financial and other programs whiCh would assist the
owners of; recognized historic properties to maintain, renovate, and upgrade
them, '. now, therefore, be it
RESOLVED that the TOwn Board hereby charges the Southold Town
Landmark ~Preservation Commission to research and gather information about
the range of to~ls available from public and private sources to preserve,
protect,~ : maintain and Upgrade historic properties, information to be
presented to the Town Board ~n four months ~ime from the date of this
reso[u{ion.
.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans~ Councilwoman Hussie,
SuperviSor Cochran.
This resolution was duly ADOPTED.
22.-Moved by Councilman Moore, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the use of the former Thompson house on the corner of Southold
Town '=Hall property for a "Halloween Haunting" to be open to the public to
be held on Friday, October 30, 1998 and Saturday, October 31, 1998.
22 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romai~elli, Councilman Moore, Justice Evans, Supervisor Cochran. No:
Councilwoman Hussie.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: Let me just explain. My wife had some great idea
sitting at the dining room table one evening. Wouldn't it be fun to do that,
so we had the foolishness to suggest that to Jean. Great idea. So, Pat is
the chairman, it's off to the races, and schools are involved, and Interacts
are involved, and Cornell Cooperative Extension.
SUPERVISOR COCHRAN: The four banks in town are sponsoring with
funds. It's going to be fun, but it is for all the little pumpkins that
walk around on Halloween night, and some of the big ones, too.
OCTOBER 13, ,998 !-,
23.-Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
John M. Addamo to the position of Full-Time Laborer at the Scavenger
Waste Facility at a salary of $13.05 per hour, effective November 1, 1998.
23 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
24.--
Mead
6NYC
seconded by Councilman Murphy,
ted to the Town Board of the Town of
ew York, on the 29th day of September,
Law in Relation to Stop Signs at Azalea
~erefore, be it
of the Town of Southold hereby
Relation to Stop Signs at Azalea Road and
~action under the provisions of SEQRA
thus the action is not subject to further
Ayes: Councilman Murphy, Councilman
MoOre, Justice Evans, C0unci]woman Hussie,
duly ADOPTED.
26,-
WHI
Sout
Local
I
now~
prov
26.--
by Councilman Murphy,
~resented to the Town Board of the TOwn of
of September, 1998, a Local law entitled, "A
Temporary Moratorium on the Issuance of
BUs|ness Zoned Property Along the Route 25
:rsection of SR25 and CRU~8 East to the
and Man!basset Avenue in the Town of Southold,
Board of the Town of Southold hereby
"action" is a Type II Action under the
617.5(c)(30), thus the "action" is not
review.
· d: Ayes: Councilman Murphy, Councilman
Justice Evans, Councilwoman Hussie,
ADOPTED.
28.--
Sou'
dete
sub
in,
Hus'~sie, seconded by Justice Evans,
was presented to the Town Board of the Town of
~gth day of September, 1998, a Local Law entitled "A
to Amending Section ~,. Exclusions of the Local Law
1, 1998 entitled "Temporary Moratorium on the
and/or Permits on Business Property Along the
'idor in the Town of Southold, now, therefore, be it
Town Board of the Town of Southold hereby
prop( "action" is a Type II Action under the
JYCRR 617.5(c)(30), thus the "action" is not
rn Board: Ayes:
Iman MOore, Justice
ADOPTED.
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
SUPERVISOR COCHRAN: May I have a motion to adjourn for the hearings?
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
8:00 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.
Meeting reconvened at 8:15 P.M.
SUPERVISOR COCHRAN: We will act on 25, then 27, and 29.
SUPERVISOR COCHRAN: I will continue saying what I started to say. Some
of us started at 8:30, and the whole gang started at 9:00 o'clock this
morning, and we worked through to about 4:30, quarter to five, and then
we went into the Conference Room, and worked with the Budget from five
to seven. We ordered pizza, but I would like to thank the Board for
putting in Such a long day. It was a long day. I think we are all tired,
but we are hanging in there, but the Budget process is moving along fairly
well, thanks to the cooperation here. If I may share with you this is a
cookbook that the Town Hall has put out. It has all the recipes from the
staff. I didn't realize until I was elected what wonderful, wonderful cooks
we have here in Town Hall, both male and female. So, we decided~ we
should do a cookbook, 'because ~there is a lot: of talent hei-e, so this is the
cookbook with a pictUre: of Town,Hal on it. It would make .a. nice Christmas
gift.' The Procee~ls from this wil be Used for the daffOdil program, 'for
planting the ToWn We just recently had a
$400;00 was used to Brian
Mul so a
p~ogram, and also, the proceeds from the Haunted
ask for a donatron of 25 cents per person as they
House, and those funds also Will be used for
or qnother we will
more thah'it already is.
the
25.- Moved by Councilman Moore :ilman Romanelli,
WHEREAS, ' ther& was i Board of the Town of
SouthpId, Suffolk County, New Yor 1998,
a L0~:I [Law entitl&d, "A ns at Azalea Road
and Meadow Lane"; and
WHEREAS,., ia public hearing was held on this Local ~aw on the '13th
day ~f 0c~tober, '1998, at Which time all interested :Persohs were given an
opportunity to be .h. eard th. ereon, now, therefore, be it
RESOLVED a public hearing was held on this Locai LaW ~'cin the 13th day
of Octob~r, 1998, at which t~me all interested ~.e. rsons~ were givenl
oppo~turi~t¥ to be heard 'thereon, now, therefore~ be~t
RESOLVED that the Town Board of the Town of Southold hereby enacts
the folloWing Local Law:
LOCAL LAW NO. 17 - 1998
A Local Law in Relation to Stop Signs on Meadow Lane and Azalea Road
BE IT ENACTED, by the Town Board of the Town Of Southold as follows:
I. 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
hereby amended by ~ thereto the following:
Stop Sign on D~rect~on of Travel At Intersection Location
With (Hamlet)
Meadow Lane East Cardinal Drive Mattituck
Azalea Road West Cardinal D~ive Mattituck
II. This Local Law shall take effect upon its filihgwith the Secretary of
State.
* Underline indicates additions.
25.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
27.-Moved by Councilman Romanelli, seconded by Councilman Moore,
WHEREAS, there was presented to the Town Board on the 29th day of
September, 1998, a Local Law entitled, "A Local Law ~n Relation to A
Temporary Moratorium on the Issuance of Approvals and/or Permits for
Business Zoned Property Along the Intersection of SR25 and Manhasset
Avenue in the Town of Southold; and
WHEREAS, a public hearing, was held on this Local Law on the 13th
day of October, 1998, at which time all interested persons were given an
opportunity to be heard thereon, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts
the following Local Law:
OCTOBER 13, 1998 173
LOCAL LAW NO 18 - 1998
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 ~.8 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
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 ~n 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) governing 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; 100-101(A) through (11 ) and (B) and (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 Light Industrial District.
Section 3. DEFINITION OF 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 ("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 one
thousand feet (1000') south respectively from the north road edge and the south
edge of SR25.
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;
1 ?'5'
and
2) parcel(s) of land currently improved with a ~building or buildings so long
as the application is not: a) seeking, in whole or part, a change in the use
of:the land, premises.or, build ings; 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 Lawshall
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.
OCTOBER
27. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
29.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of
Southold on the 29th day of September, 1998, a Local Law entitled "A
Local Law in Relation to Amending Section I~. 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
Route 48 Corridor in the Town of Southold; and
WHEREAS, a public hearing was held on this Local Law on the 13th
day of Ocl~ober, ~998, at which time all interested persons were given an
opportunity to be heard thereon, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enacts
the following Local Law:
LOCAL LAW NO. 19 - 1998
A Local Law Amending Section 4 of the Local Law entitled, "A Local Law in
Relation to Temporary Moratorium on the Issuance of Approvals and/or
Permits for Business Zoned Property Along The Route 48 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) 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 moratorium; and
2) parcel(s) of land currently improved with a buildin9 or buildings so
Ion9 as the application is not: a) 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 oT
Southold.
This Local Law shall take effect upon its filing with the Secretary of State.
* underline indicates additions.
29.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
Abstain: Councilman Moore.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of our prepared resolutions. At
this time, if there is anyone in the audience that would like to share any
Town business with the Town Board, we would be very happy to have you
present it at this time.
JACK WILLIAMS: Jack Williams from East Marion. Two weeks ago we were
given to understand that there might be further enlightening on the subject
of the Southold Electric Company. I see it has been discussed during the
day. Would anybody care to share any information with us on that?
SUPERVISOR COCHRAN: Do you want to do that, Alice or Greg?
TOWN ATTORNEY YAKABOSKI: The current situation with the utility
service is that there is a draft resolution, which was handed out to the
Board members today for their review during the week. That incorporates
three things which are necessary under Section 360, the Municipal Law
establishes the method of a foreign intra-structure. It sets forth the
maximum estimated costs, and it also sets forth the method of buying the
service. I believe that pretty much sums up where it currently is.
COUNCILWOMAN HUSSIE: Supposedly that will be already to do, and we
can vote on establishing the company, and then going out for referendum.
But, that is going to take a little while. So, we have made some progress
toward it, not a giant step, a baby step.
SUPERVISOR COCHRAN: Does that answer your question?
~' OC.TOBER 13, 1998
JANE BORELL: Jane Borell, East Marion. I was wondering what
Councilwoman Hussie was able to come up with in the way of, you were
going to be approaching some purveyors.
COUNCILWOMAN HUSSIE: I did that. I did that. I don't have my notes
in front of me. I talked to a power company in Houston, and they told me
what it costs in North Carolina. They told me how much various things
would cost, but they would not give me any idea as to how much we would
pay. They gave other costs. Another company said they would be very
happy to help us with our RFP, and talked to a third company. The
bottom line is I didnit really get anything I could grasp, hold on
COUN~
:that,
going
lye us, we
SUPERVISOR COCHRAN:
Boardl? Yes, Sir?
HAN
this
that
thal
people
cou:r
monE
quibl
SUPERVISOR
AlternatiVes?
use yOU had thought without an existing company
IY to treat you..
very kind, very cordial, and all of
to this Board, and say, okayt X company is
this amount. It didn't happen.
Thank you. Would anyone else like to address the
Hank Kuhn from Laurel. After hearing the comments
concerning the electric situation, I went back to
brochure, and in that they state that the twelve
for the Town of Southold is over 110,000,000 kilowatts.
3urs. We are talking about a $.05 savings, and you divide
months, you are talking over Su,00,000 a month the
dd are spending in different ways in resolving this
assuming that it is past. If it isn't passed, of
~k. Any delays is costing, because you are spending
n!t be spending somewhere down the line. I mean, the
~his, the better off we will be.
COCHRAN.: Thank you. Anyone else like to address the
T6w~ business? Mr. Haupt?
': Harold Haupt. The original write-up that you have
s changed? Anything? I mean the proposition you gave out.
COCHRAN: Are you talking about the plan from Power
HAROLD HAUPT: Yes. Is that what you are still talking about?
COUNCILWOMAN HUSSIE: We have had three capability studies done over
the last twelve years. They have all come in pretty much the same. Yes, it
is feasible. The costs have changed obviously because everything has
changed in the last twelve years.
HAROLD HAUPT: Let me ask you, in the time that came out there are no
changes been made? The sum of money that you are talking about, is that
going to cover everything?
COUNCILWOMAN HUSSIE: That is the worse case scenario, which also
included $8,000,000 charge to the Town of Southold when the Shoreham
expense was considered. If we could avoid that, that would be $8,000,000
less. But th s was the worse case scenario that we were presented with.
HAROLD HAUPT: Why I am asking you this question is, if that covered
everything, does that cover just wiring and getting it as a utility?
COUNCILWOMAN HUSSIE: It covers the legal expense. It covers the
engineering expense. It covers the acquisition by condemnation of the lines.
It cove~s one year's running expense for the accounting and certain number
of trucks, and the personnel, really the operation expenses.
HAROLD HAUPT: From reading the brochure that I received from Town
Hall, I hate to tell you but you are going to go backwards. The reason I
am telling you, if you operated according to that plan right now you have
phase to phase 13,200 volts phase to ground 7620. That plan is telling
you, you are golng to go back to ~KB. You are going to lower your
voltage, and by doing that you are going to have to change out every
transformer in the location. So, that the amount of money, that is why I
asked if there were' a change, the amount of money: before you. can start
according to that plan is going to cost. you -a lot more th.a.n t.he set figure
that you have there. They make a ot of comparisons with that plan With
Creenport. Creenport does operate under 4KB. You can work a certain
way with the 762,000 high voltage. You can not work...the same as you do
with t~KB. It is your business. You went back ~o ~KB, what' ii am
telling you, and some day when it is cold outi and you need the'pUm~3s tO
run, and the voltage is Iow,' and you couldni't g.et i~ to operate,
going to be bloWing somebody, but you are not go.;ng te get
is the same as any other business in thls town..
company, when they had it went to 4KB
changed it. So if you do buy'it, and make it; yOUr. are going to
have to start putting up step down transformers, changing
back to ~KB until you work your way all the way to the substati:on by
changing every transformer; You are talking 'ilots ia~d lots SO~
when you start talking that kind of monet is ~t ge|rig to.be worth the
or not?
COUNCILWOMAN HUSSIE: I don't know the answer to that, but I would
imagine that the answers would come from the engineering people, that we
would have to have 10ok into that. I have no idea...
HAROLD HAUPT: See the man made a great, presentation ~ the people
sitting here that night, and sounded great wha~~ her ~was selling, but ,he
wasn't telling the people what had to be done~ All ben.was saying was You
were going to save money. If you start doing all this work you are not
going to save money; The other thing if you with him he
wanted a ten to fifteen year contract with gs. Ne is
going to take for ten or fifteen years savings, so the
people aren't going to be saving that and it
still is going to be costing 'the town to and
maintain it, to operate it you are going to need types of
personnel to operate it than it was specified..
COUNCILWOMAN HUSSIE: Let me ask you a question. This is obviously
something that you know something about, and I don't.
HAROLD HAUPT: You should, because you have been talking about this
for years.
COUNCILWOMAN HU$SIE: But I am not talking about that technical stuff.
I was assuming, and perhaps I was wrong, you tell me, that the flow of
electricity would be operated the same way that it is now. Do you see it
change?
HAROLD HAUPT: According to that write-up. The man in that write-up
said it is going to operate at ~,KB.
COUNCILWOMAN HUSSIE: And what are we doing now?
HAROLD HAUPT: We are operating phase to phase, that is between
multi-phase. They call it 13,200 volts, phase to ground, that is a single
phase line is 7620, so if you are going to change it back to ~KB, every
transformer on the system has to be changed, because they are different
types of transformer'.
COUNCILWOMAN HUSSIE: So, we have four transformers right now. Would
we be adding or just changing those four?
HAROLD HAUPT: You have how many?
COUNCILWOMAN HUSSIE: Four.
HAROLD HAUPT: Four? Where?
COUNCILWOMAN HUSSIE: Substations.
HAROLD HAUPT: I am talking about any transformer you see along the
road, in the air, or underground. They have to all be changed. In the
write-up it wasn't really telling you in that amount of money, that is why I
asked, if that amount of money covered doing all this work?
COUNCILWOMAN HUSSIE: Are you in the phone book?
HAROLD HAUPT: Yes.
SUPERVISOR COCHRAN: Also, Hoagy, two weeks ago I wrote to the
people that are consultants, and asked them for all backup data to this
plan, and we haven't heard any response from them as yet, but we have
seen no supporting data with this presentation they have given us, which I
think is part of what you are saying.
HAROLD HAUPT: When you have people working under 4KB you can
work it, climb a po!e, and handle it. With high voltage you can not do
that. That is why you have to have a bucket truck. They are all
insulated. If you are not insulated, and isolated, you are not going to be
working very long.
SUPERVISOR COCHRAN: Thank you, Hoagy.
the lighting company for many years.
Mr. Baker was also with
LOU BAKER: No sense in me asking any questions, because nobody knows
anything.
SUPERVISOR COCHRAN: Would you like to ask your question to see if we
know something? Give us something more to think about.
LOU BAKER: Lou Baker, Southold. Hoagy was talking about pole
transformers. What about sub-station transformers? You think these pole
transformers cost a lot, if you go to a sub-station changing 23,000, or
69,000 volts to 13,000 which we do now, if you go to our new transformer
you go to u~,000 volts. It is going to cost a lot of money, regulators,
metering, all kinds of equipment.
SUPERVISOR COCHRAN: That is within the substations in addition to
transformers on poles? Right.
LOU BAKER: What about the gas turbine down .here? Does anyone know
anything about that? Does the town buy it?
COUNCILWOMAN HUSSIE: In this proposal it supposed to be we buy it.
LOU BAKER: You got to figure on a lot of maintenance. That thing runs
600 gallons of fuel an hour. There are a lot of things in that story, that
was flung out before. There is only one substation from Laurel to Orient,
t~,000 volt circuit. There could be a lot of complaints about Iow voltage.
So, there is an awful lot to be learned by somebody before this goes too
far. 'You are buying a pig in a poke, it looks like.
COUNCILMAN MOORE: We have some questions about the information
provided by that particular organization starting with the very procedure
they suggested to us was the procedure that was required for villages, not
for towns. So, it would raise a little bit of eyebrow, if this is another
case of where some information was packaged up. I don't know what they
are trying to suggest we go back and change that alternative stuff. As
much as it well be that they have misdescribed the system that they
envisioned operating here. That raises different questions, so that is
being looked at.
LOU BAKER: There is a lot more to be known about it.
SUPERVISOR COCHRAN: Thank you, sir. Anyone else like to address the
Board?
OCTOBER ;3,
HANK KUHN: Three things I wanted to mention. Comment was made by
Mr. McMahon, I think it was, that there were four legal docks in Brush's
Creek. Most of the houses on the creek side of the road date back to the
30's, and so do the docks.
SUPERVISOR COCHRAN: Grandfathered in?
HANK KUHN: Yes. Just to clarify. The second question was, not a
question a comment, there was comment made about docking south of the
bridge. That is a commercial facility.
SUPERVISOR COCHRAN: The gentleman that lives on the north side to the
right. Okay.
HANK KUHN: I have been there eighteen years, and to my knowledge no
one north of the road has docked there, because you canlt get through the
bridge with the boats that he has docked. The third comment, I guess it
was Mr. Richter said that the bridge wasn't dropping. I wish he would
explain to me how the water pipe is rising around the bridge if the bridge
isn't dropping. It is almost like you can believe what I say.
SUPERVISOR COCHRAN: He did offer an invitation to come up to his office
where he has a model. He can show you exactly what is causing..he claims
it is not dropping, but what is causing that twisting. This thing seems to
be twisting more than dropping, but I am going to see the model, because I
haven't seen it.
HANK KUHN: Usually you have a model before you build a bridge. Once
you got the bridge you don't need a model.
SUPERVISOR COCHRAN: That's true. We needed the model this time
because of the circumstances. Anyone else like to address the Town
Board? Yes, ma'am?
DONNA DZUGAS-SMITH: Donna Dzugas-Smith, Tuckers Lane, Southold.
Actually I have three issues. The first thing I was wondering how the
Board feels about citizen involvement, whether it be positive, negative, as
far as coming up and speaking at hearings. It may not be something you
want to hear sometimes.
SUPERVISOR COCHRAN: We invite citizen participation. If you have an
opinion, or a position, we certainly would hope that you would express it.
DONNA DZUGAS-SMITH: I hope that kind of follows throughout the Town
Hall in all departments, because something that does come to light when I
bring this issue up is when someone comes, and talks here, or talks at
another hearing in ZBA, or Planning Board or whatever, it does seem to be
a backlash to the person. Okay? I mean in that if they bring up something
that someone on that particular Board or someone in the Town Hall does not
really want to hear or address for whatever reason, what happens is that
person that brings up, all of sudden someone is looking at them, starts
looking at their piece of land, starts looking at what can we find wrong
with you, and very often it is about an issue of Code enforcement from the
Town, and I think you making the moratorium is a great idea, if we are
going to do something with it, and I think we have some great Town Codes
if you follow them, and not selectively, and follow them across the Board,
not because your name is Mr. X, and my name is Mrs. A, or Mrs. A
doesn't mean as much as Mr. X in this town. It is a big issue, because if
you are doing a moratorium, that was my main question, actually tonight
was, we are now a month into a moratorium that you passed, what has
happened in the first month of the moratorium?
COUNCILMAN ROMANELLI: That was part of a discussion that we had
today, that a month has passed, and the clock is ticking, and what has
really happened is no concrete changes. We are still discussing and looking
at consultants to help us with it. We discussed that today, how the clock
is ticking. We are aware of that. We set a deadline for ourselves, and I
believe that everyone on this Board wants to meet that deadline.
OCTOBER 13, 1998
DONNA DZUGAS-SMITH: I think, also, it brings creditability to you as a
Board, to the Town, if you see something in this moratorium, more than
just what we see from the electric thing in that you .pay a consultant to do
something, and you find out what he is consulting you about is not exactly
right. Some of the citizens are telling you. This is what is going to
happen with the moratorium, you pay some consulting firms to da-de-da
on u~8, and then guess what? The nine months come and go, and not too
much became of it. It is a definite concern. You have had citizens come to
a number of Boards for the ZBA public hearings, for the Planning Board,
and the public hearings here. There are many issues before you even
brought the moratorium to our attention, they brought issues to you about
zoning, zone violations, zone Code violations. Okay? And things, that I
brou~.ht to the Planning Boa.r.d about, use of something that is zoned
busir~ess. They d~dn't exactly fit into what he was g0iiag to up.
~tart opening rrr? mouth the '
~ I :,haVe there, the setbacks Oka
good feeling? a
t( a person that looks in a~/or m.
My poinl ,ing to other people, why
People that you normally ha~
Pla
are..
rea
ha
e
you do open
call, and
for sale
line.
is a
a phone..ca
sign is~ not flfte~
SU
an'
May I? I don't think the
Main Road, 25, and
ne was listed that had a violation, not
visible has been recorded, and they
s. So, it wasn't picking out anyone in partiCu,,lar.
41TH:
It just happened to be ironic that she made ,a
in this Town Hall, and .then she gets ,a
ng, right after she has dOne that.
SUP.ERVISOR COCHRAN: That is unfortunate, but they have been working
their way down all last week, and this week. I think the first time, if I
may, and I will stand corrected if I am wrong, but I think the first time
that someone came up in compliance was long before you ever came into to
speak to the Town Board. I think it goes back prior.
DONNA DZUGAS-SMITH: Also, I did hand in a thing, and it was not
d~ing Department claims they are so over worked, and
so was not addressed, and it was a dropped issue, and then all of a
su( ~ it:became an issue again when I did start talking up.
SUPERVISOR COCHRAN: Please do not feel one relates to the other,
because the entire road was done, both roads, because when some are
enfOrced,.andlsay it is only the one person. Then we have the people come
in, and complain that it is selective enforcement, that you are only doing
it to me, you didn't do it to Joe down the road, and he is violating the
same th[ng~ so~ this time they went the whole length of both roads.
DONNA ;DZUGAS-SMITH: There should be a lot of people getting notices.
SUPERVISOR COCHRAN: There have been.
DONNA DZUGAS-SMI'TH: The other thing in consideration, too, is the
priority of violations. Okay? If you have a business operating in
agricultUral area, and they are really not a winery, they are not a farm,
they really don't fit into that agricultural business.
OCTOBER 13, 1998
SUPERVISOR COCHRAN: I believe those are being looked out, also. They
are also they are being dealt with. It is not just signs, or realtor signs,
or neon signs. It is every violation.
DOk;NA DZUGAS-SMITH: That is good to hear, because as you make a
moratorium, and whatever you are going to do with zonings, and everythirtg
else, you spend ali your hard effort and. time, and put everything in
writing, but if you don't have someone helping you watch those people that
don't like to t~ollow the rules, while other people that want to follow the
rules want to live in a town like this.
SUPERVISOR COCHRAN: We are being firm, but fair~ and we like to
believe that we are being fair to all people.
DONNA DZUGAS-SMITH: That's good. Then we should be seeing a lot of
changes in a lot of areas. Hopefully they will comply. A lot of people that
are not complying for their zoned use. then therefore they can not ask for
a rezone at the time of the moratorium, if they have been illegally
operating in the wrong zone.
COUNCILMAN MOORE: That particular topic was a matter of discussion
with our Code Enforcement this morning when he came in. The goal is to
obtain compliance assuming that one could take certain steps, and actually
comply. If you get a building permit, and a CO for the fence, or the
shed, or the this; "Or the that. you can accomplish that. but he was
expressly told today, don't think that someone who is actually operating out
of his zone Can com~ in witch a zone change, or use variance application to
the or zoning to the Town Board, when they are clearly in
violation, in your mind, because there has been some
real public meetings the last several weeks, or
coup :~ this Supposed policy where if you come in with
an applicat on we will ~,,stop enforcement, and so to clear up any
misunderstanding, what the Town Board felt was a policy was appropriate
for Code Enforcement, that was cleared up, I think, abundantly clearly this
mor~{i:ng, just~so Y°C~ know. If that is the case you don't get to stop the
wheels of enforcem;~nt against you by running in, and saying, I will go for
a zone change instead.
DONNA DZUGAS-SMITH: Okay. Moving on to get to get off that touchy
subject. Something the way the paper is worded. It kind of came across
very negative to me .about the tax increase coming up, being over 5%, and
they had basically summarized that..Mrs. Cochran had expressed that it
was due to closing cost for the landfill, and land preservation.
SUPERVISOR COCHRAN: It is not over 5%, and I believe the Traveler
reported that in error and corrected it.
DONNA DZUGAS-SMITH: I am just saying, that if that is on the front
page, and people, especially from out of town, because I had to notify all
my neighbors when I did my public hearing, and people said, well, taxes
just keep going up and it is because you are going to save land. It just
didn't come across right. We have got to be careful, because I think that is
a great resource, to save meadows and space. You have to careful the way
that is said. I just want to make sure that kind of got.. Is the majority
of that due to the closing of the landfill, and the preservation? The
majority is still due to that?
SUPERVISOR COCHRAN: I think the landfill costs amounted to [[0%. Both
were almost around the [[0% mark, because when you bond, when people
vote to bond, for buying farmland development rights, you don't start
paying for it the same year that you approve the bond issue. It usually
comes down a whole full year later into almost two years away. So we have
begun to pay the interest and the financial costs involved with the
borrowing of the bond issue.
DONNA DZUGAS-SMITH: I just hope it doesn't discourage any future
referendum, because it is something that is very important. The other one
is about the Landfill closing. Have we capped ourselves as how much it is
going to cost us to close the landfill?
COUNCILWOMAN HUSSIE: There is a number out there that says, 5.8.
DONNA DZUGAS-SMITH: Are we capped at that?
COUNCILWOMAN HUSSIE: You can't say we can't spend anymore than that.
We have to go out to. bid to do the actual work, and then we are expecting
about $2,000,000 from the State to help us pay for that, so that eventually
it won't be quite as onerous.
SUPERVISOR COCHRAN: It still is an increase. It is mandated.
DONNA DZUGAS-SMITH: It is bad, and one of my concerns is especially a
starting farmer, new. compared to everyone else out here. You know, when
I came out here..first of all, I got my land at auction, which is great, but
I bought all my equipment at auction. I bought my tractors, my equipment,
and that. I didn't totally understand the bid process when you were
renting the bulldozer, and the covering of the landfill. One hearing I
thought you said you weren't going to go over $9,000 a month for a
bulldozer, and I think the bid ended up going over that?
COUNCILWOMAN HUSSIE: No, we didn't go over it. It was a question
about the repairs on it. That was the only question that arose, and I think
that has been solved. The repairs are going to be done by the owner.
DONNA DZUGAS-SMITH: We are pretty sure about how long we are going to
need that, so that we don't go over too many month rental things. It would
be cheaper to do it that way.
COUNCILWOMAN HUSSIE: We did the math on that, because it is cheaper
to rent it for the few months we need it, than to buy it, and then sell it
back or something like that, and we will only need it until the time comes
when we actually bid the job out. We are not going to do that, and I
certainly hope that we are going to be able to let one person be responsible
for the whole thing. Do one bid.
DONNA DZUGAS-SMITH: It may sound petty, but every dollar we save
keeps our taxes lower, and I know there are municipalities, and school
districts, and that, that get on the Federal list, and State list, and they
can actually buy like surplus equipment.
SUPERVISOR COCHRAN: You buy it through the State, many things,
whatever is available, be it cars, vehicles.
COUNCILWOMAN HUSSIE: I check the Net every Monday morning for the
State auctions, not auctions, the things they have for sale.
DONNA DTUGAS-SMITH: You can buy through State contracts.
COUNCILWOMAN HUSSIE: The contract ~s one thing, but then there is also
surplus material, too.. They don't always have what we want, though.
DOPNA DZUGAS-SMITH:
everybody, that's all.
I would like to see Southold affordable to
SUPERVISOR COCHRAN: We certainly are trying. Anyone else like to
address the Town Board? (No response.) If not, before I call for a motion
to adjourn I would like to express on behalf of the Town Board our
condolences to Senator LaValle. His Mom passed away, and we send our
best to him and his family. May I have a motion to adjourn?
Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
8:48 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