HomeMy WebLinkAboutTB-02/02/1999$OUTHOLD TOWN BOARD
FEBRUARY 2. 1999
WORK SESSION
Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie,
Councilman William D. Moore, Justice Louisa P. Evans, Councilman John M.
Romanelli, Councilman Brian G. Murphy, Town Clerk Elizabeth A. Neville, Town
Attorney Gregory F. Yakaboski.
9:10 A.M. - Appointment (originally scheduled for 1:30 P.M.) Bobble and Carol
Zorn appeared before the Board to request a permit to place a trailer to be used
for temporary living quarters on their property located at 305 North Road,
Greenport, New York (formerly Porky~s Restaurant) to be renovated for "Shady
Lady" Bed and Breakfast establishment. They were living in the barn in which
they put a bathroom and they were fined. There are now living in the little
house and use the barn as an office. The Board agreed to grant permission for
a temporary six month trailer permit to enable them to complete their
renovations. (See Resolution No. 35).
9:30 A.M. - The Board reviewed IV. For Discussion Items as follows: IV. 1.
Telecommunications Local Law. The Board placed Resolution No. 36 on the
agenda to adopt this local law. IV. 2. Supervisor Cochran discussed the 1999
Resolutions for the Association of Towns Meeting with the Board. Justice Evans
voiced her opinion that she would like to see a resolution allowing the formation
of a separate electric district. We currently have laws for lighting districts,
sewer, etc., but not for electric. She suggested that it be called an energy
district and include both gas and electric. The following twelve (12) resolutions
are up for discussion by the New York State Association of Towns and they will
be recommending their passage by the New York State Legislature: 1. Code
Enforcement Aid. Supervisor Cochran advised that New York State is planning to
enact a new statewide Building Code; 2. Hate Crimes Legislation. 3. Sporting
License Fees. The towns currently receive $1.00 on each hunting license that
they issue. The Association of Towns is recommending that this fee be raised to
$3.00. ~. Sales Tax. They are recommending amending the New York State Tax
Law to permit each municipality to raise, collect, and/or enjoy its own sales
tax, or in the alternative, to mandate that all sales tax collected by and within
a county be equitably distributed to each municipality. 5. Wicks Law Reform.
6. Forestry Tax Exemptions. 7. Retroactive Retirement Benefits. 8. Annual
Report Requirement. 9. Local Government Records Management Improvement
Fund. 10. Veterans Property Tax Exemptions. 11. Speed Limits. 12. Grant
funds for Cossayuna Lake Clean-Up. IV. 3. Fishing Permits for surf casting off
Town Beaches. The Board discussed the permit system in its entirety and voiced
their opinions on how they feel such a permit should be issued. It will now be
sent to the Code Committee for their review. The Board directed that the
section of the code where is says that a permit is not needed after Labor Day
should be removed. IV. b. Construction of a Town visitors dock at "Town
Creek" off Youngs Avenue, Southold - per Councilman Romanelli. Supervisor
Cochran informed him that this is "Southold Park District" property, not Town
property. The Board suggested that Councilman Romanelli approach the park
district on this matter. IV. 5. Interview candidates for Assistant Staff
Attorney. The Board set Thursday, February 11, 1999 from 9:00 A.M. to
12:00 P.M.S; and 3:00 P.M. to 5:00 P.M. each person will be allocated 15
minutes. There are 16 candidates to interview. The Board would llke to shorten
the list after the initial interviews. IV. 6. The Down's Farm Preserve
Management Plan was discussed. The Board was not unanimous in their decision
to move a[nead with the $121,000.00 funding, .~..therefore, no action was taken at
this time. - ....
FEBRUARY 2, 1999 SOUTHOLD TOWNBOARD
11:20 A.M. The Board reviewed resolution numbers I through 37 to be voted
uppn at the 7:30 P.M. regular meeting. A SEQR determination was added to
-I~rec~ede resolution number 10 authorizing appropriation of funds by issuance of
~e~ifil bonds for the acfquisition of a payloader. Resolution number 11 formation
of a public utility agency was expanded by adding four SEQR resolutions to
precede it. Resolution number 25 authOrizing a sewer connection on Fishers
Island also had a SEQR resolution added to precede it. Resolution number 33
approval of development rights in the Estate of Sophie Kaloski, the hearing
which was left open from the last meeting will be closed before voting upon this
resolution.
On motion by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold enter into Executive
Session at 12:05 P.M. for the purpose of discussing land acquisition, the
Fitzgerald property on Fishers Island. Vote of the Town Board: Ayes:
Councilman Moore, Councilman Romanelli, Councilman Murphy, Justice Evans,
Councilwoman Hussie, Supervisor Cochran. Also present: Town Clerk Elizabeth
Neville, Town Attorney Cregory Yakaboski.
Executive Session ended at 12:25 P.M. at which time the Board recessed for
lunch.
1:35 P.M. - Lynn MacDonald Representative of CATV appeared before the Town
Board to apprise them of some of the new things that they are doing around
town. They are currently in the process of installing new fiber optic cable
throUghout the east end which will enhance services. The Board questioned the
rate increases. Ms. McDonald stated that the FCC recommended that the
company increase its rates by 30%, but they only increased them by 28%.
2:10 P.M. - The Town Board discussed the proposed resolutions on the public
utility agency.
On motion by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold enter into Executive
Session at 2:25 P.M. to discuss the Power AlternatiVes contract regarding the
public utility, and the Dvirka g Bartilucci contract for the landfill.
Executive Session and work session ended at 2:35 P.M.
SOUTHOLD TOWN BOARD FEBRUARY 2~ 1999
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on February
2, 1999, at the SouthOId Town Hall, Main' Road, Southold, New York.
Supervisor Cochran opened the meeting .at 7:30 P.M. with the Pledge of
Allegiance to the Flag.
Present:
Supervisor Jean W. Cochran
COuncilwoman Alice J. Hussie ·
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: May I have a motion to approve the audit of the
bills for February 2, 19997
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the following bills b'e and hereby are ordered paid:
General Fund Whole Town bills in the amount of $0,55,187.01; General Fund
Part Town bills in the amount of $26,363.73; Community Development Fund
bills in the amount of $5~252.0,0; Highway Fund Whole Town bills in the
amount of $20,603.0,7; Highway Fund ~'Part Town bills in the amount of
$4,257.96; Ag Land Development Rights bills in the amount of $18,153.32;
Landfill Cap & Closure bills in the amount of $3,898.18; Employee Health
Benefit Plan bills in the amount of $11,082.67; Fishers Island Ferry
District bills in the amount of $27,751.86; Refuse & Garbage District bills
in the amount of $57,010.80; Southold Wastewater District bills in the_
amount of $3,712.23; Fishers Island Sewer District bills in the amount of
$68.21; Southold Agency ~ Trust bills in the amount of $9,u,58.61; Fishers
Island Ferry District Agency S Trust bills in the amount of $271.5u,.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN:
Town Board meeting?
Approval of the minutes of January 19, 1999,
Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the JanUary 19, 1999, Town Board meeting
be and hereby 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: To set the next regular Town Board meeting for
Thursday, February 18, 1999 at 0,:30 P.M., and you will note that this is a
Thursday meeting, because that is the week that many members of the
Town Board go into New York City for the Association of Towns work shops.
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the next meeting of the Southold Town Board will be held
at 0,:30 P.M., Thursday, February.:18,: .1999~, 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.
FEBRUARY 2~ 1999 SOUTHOLD TOWN BOARD
SUPERVISOR COCHRAN: At this time I am pleased to present a
proclamation. Bill, why don~t you come down, and Reverend Dozier as
Chairman and Co-Chair of the Anti-Bias Task Force. We stood in the same
place, and proclaimed Southold Town a bias-free community. I think you
have some in roads..There is still so much more to go, but people are
communicating, people are looking, and we once again proclaim.
Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS, the Town of Southold being committed to securing a decent,
deferential and equitable life for all its citizens and having established
an ANTI-BIAS TASK FORCE to secure that end; and
WHEREAS, since its formation on July 25~ 1995,~ the ANTI-BIAS TASK
FORCE has studied, explored and identified elements of prejudice, bias
and exclusion that occur on a daily basis at an ever increasing rate across
this great nation; and
WHEREAS, racism and bias ignores .devalue and degrade the wonderful
diversity of our human family that make up the fabric of our society within
the Town of Southold and throughout the entire world; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold, in keeping with
the principle of equal~ civil rights for all, openly confront any display of
hated or prejudice towards any group or individual; and be it further
RESOLVED that the Town Board hereby proclaims 1999 as a BIAS FREE
YEAR IN THE TOWN OF SOUTHOLD and stands together with all people of
good faith throughout .the ~tOwn and 'pledgesl .t0 do our utmost through
support and ParticipatiOn in plans ar{d p~°g~anls to promote intergroup
harmony,~, reduCe prejudice~ :foster respect and tolerance to all through our
family lives, jobs~ schools, and places of worshi.p;, business and recreation.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evai~s, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Reverend Dozier: I want to say, first, to you, and thanks to Mr. Moore
and the entire Board, that what this means to us~as Anti-Bias Committee,
we want to thank everyone for their support, and bias is not something
that is easy to just say we have, or check,~ because we have gone to the
bank, and it hasn't bounced, You have redeemed it, and so we are happy.
Thank you.
SUPERVISOR COCHRAN: I also would like to share with the Board, and
with the public, last Saturday a celebration was held over on the preserve
on Shelter Island, and the different towns were given a, I guess you would
call it, it is not a plaque, and it is not a proclamation, but it is a
lovely, lovely framed piece that will go on the back wall here with many
other honors that we have received, for outstaoding commitment to farmland
and open space protection to the passage Of the East End Community
Preservation Fund presented to the Southold Town Board by the Croup for
the South Fork, ~North Fork Environmental Council, Peconic Land Trust,
and the Nature Conservancy, so we are very pleased to receive this, a.n.d
we are working very hard on putting the 2% in place, working out details
of how the money comes through the County. So, it is a busy time for
everyone, and hopefully, we expect to be ready for this program March
1st.
I. REPORTS.
SUPERVISOR COCHRAN: As you know the Town Board each month
receives reports from the different committees and departments, and they
are public information. They are available through the Town Clerk's Office,
and if there is anythi~ng of interest to.~ yourself,~ please, feel free to come
in, and obtain a copy. : ....
1. Southold Town Police Department .Monthly Rel~ort for December, 1998.
2. SOuthold Town Personnel Leave taken for December, 1998.
3. Southold Town Recreation Department Mpntbly Report for January,
1999.
SOUTHOLD TOWN BOARD FEBRUARY 2, 1999 5
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: Public notices, Suffolk County Industrial
Development Agency in relation to the expansion of Mattituck-Laurel Library.
1. Notice of Public Hearing ~elating to a project by the Suffolk County
Industr|al Development Agency for the expansion of Mattituck-Laurel
Library on February 23, 1999 at 10:00 a.m. to be held at the library, 13900
Main Road, Mattituck, New York.
III. COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1. 8:00 P~:M.,~ on a proposed "Local Law in Relati.on to No Parking Signs
on plum Island Lane'l.
2. 8:05 P.M., on a proposed "Local Law Tn Relation to Stop Sign on Pike
Street".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy that
before we pass on any of the resolutions if there is anyone here would like
to ask a question, or a point of information, we would be very happy to
answer you. You will have a time later on at the end of the meeting to
speak, and address the Town B6ard on any given topic, which relates to
Town Board business. Are there any resolutions that anyone would like to
speak to at this time? Mr. Samuels?
TOM SAMUELS: Tom Samuels. The cost of any of the electricity in the
Town, we are actually at a stationary period with oil prices, but this
isn't going to last. I would at least explore, just explore the
possibilities. I know there are legal reasons why in this impossible
situation, trying to do difficult things, and you can't do them. Open space
purchasing, years ago people said that was difficult. We have done a
explicatory job. Years ago the solid waste situation was a difficult
situation. They said we couldn't do it, but Southold Town remains the less
expensive town on the east end of solid waste disposal. All these things
were difficult at the time, and it was said they couldn't be done, and you
couldn't, go up against these powerful forces in Albany and the County.
This is something that can be done, whether it will be done is something
else again. I don't know. There isn't a member in this room that knows if it
can be done, but the opportunity or the possibility of doing it is before
you. I think you have to make that tiny little step. I have heard that the
Town Attorney is skeptical, and I have heard other members of the Board
are skeptical of the legality of what is proposed, but unless we take an
aggressive stance we are not going to go anywhere with it. When I chose
an attorney, and I chose attorneys frequently for my business, I choose
aggressive attorneys, attorneys that dare, that look at the law, and look at
what is possibler not what is definitely probable, but what Ts possible. I
think this is possible. I think we have to .make this step. The business
commun'{y, we .have a business advisory committee. One of businesses
greatest :expenses ,is fuel. Another big expense is electric energy. It is a
real cost de faux when Greenport is paying $.06 or $.07 a kilowatt hour,
we are paying $.16 or $.17. I think Councilman Romanelli will appreciate the
fact that Cutchogue Presbyterian Church is buying #2 heating oil for $.57 a
gallon. That is not going to last. LILCO is going to be paying more for
oil, and. there is ,a, surcharge on your electric bill when they have to do
that. That is going to happen. I am not advocating buying Texaco or
Exxon, but it is not going to stay the way it is. It hasn't in the past, and
it won't in the future. I don~t consider it even a political problem. It is
a Southold Town .pr0blem. I: get involved in. politics some years ago,
because of my desire to make'S0uthold mor&' affordable for the people that
hve here. Sadly, we are importing labor. We are exporting our k~ds, our
teenagers. This a pocketbook issue. It is important to the town. If and
when the votes are recorded 'tonight, I would really appreciate it if Town
Board member that voted explained .their reasons for voting one way or
another to" go on record. It has been a long tlme that this electric problem
has been festering. A great many people have been interested in it, and I
have been at a number of Town Board meetings where people si;[ up, and
FEBRUARY 2~ 1999 SOUTHOLD TOWN BOARD
said, what is happening? Here is a chance for something to happen. I
don't know Ail it will ever come to past. I think the Town has the
opportunity, deserves the opportunity to explore this issue in it's
entirety, and forget the legalisms. Let's find out through the process about
the legal issues. Nobody is sure what the legal answer is regardless of how
many books they have' ~ead, Codes, or whatever. Things change. Congress
deregulated the electric industry. We have an opportunity to get cheaper
electric power. We have to strive to do that. If we can't do it, then we
can't. Then we will live with it, but let'S give it a shot. Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board on
any of the resolutions? (No response.) If not, .we will begin passing the
resolutions. Number one?
.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts,
with regrets, the resignation of Sharon A. Shine, Member of the Southold
Town Conservation Advisory Council, effective immediately.
. -Vote of the Town Board: Ayes: Councilman Murphy~ Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
2.-Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southo!d hereby
authorizes and directs the Town Clerk to advertise for a member of the
Conservation Advisory Council to fill the vacancy created by the resignation
of Sharon A. Shine, and complete her unexpired term of office to' expire on
June 18, 1999.
2. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Murphy, Councilman
Evans, Councilwomar~ Hussie,
3.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Association for the Help of Retarded Children [AHRC)
Long Island Chapters, to use Moores Lane, C;reenport, as the starting point
for .their "Laurel Run", on Saturday, May 1, 1999, beginning at 10:00
A.M., provided they file with the Town Clerk a One Million Dollar
Certificate of Liability naming the Town of Southold as an additional
insured.
3.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
Th~s resolution was duly ADOPTED.
4.-Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southoid hereby grants
permission to the American Diabetes Association to use the following town
Roads for their eighth annual "Tour de Cure" cycling event on Sunday,
June 27, 1999, from 7:00 A.M. to 3:00 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: Peconic Bay Boulevard, Bay
Avenue, Wickham Avenue, c;rand Avenue, Mill Road, Oregon Road, Cox
Lane, Bridge Lane, Mill Lane, Soundview Avenue, Lighthouse Road,
Moores Lane, Village Lane, King Street, Narrow River Road, Orchard
Street, and Tabor Road.
4.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore~, Justice EYans, ~ Councilwoman Hussie,
Supervisor Cochran. "
This resolution was duly ADOPTED. '
SOUTHOLD TOWN BOARD FEBRUARY 2, 1999 7
5.-Moved by Councilwoman Hussie, seconded.by Justice Evans, it was
RESOLVED that the Town Board of the Town of SOuthold hereby modifies
the General Fund Whole Town 1998 budget as follows:
Revenues:
A.2705.~0
Appropriations:
A. 5182.2.500.500
Gifts & Donations
Other Donations
5.- Vote of the
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution Was duly ADOPTED.
Street Lighting, Equipment
Street Light Fixtures
Town Board: Ayes: Councilman
Evans,
287.50
$ 287.50
Murphy, Councilman
Councilwoman Hussie,
6A.-Moved by Councilman. Moore, seconded by Councilwoman Hussie,
WHEREAS, the Highway Department is considering purchasing one
tractor; therefore, be i~
RESOLVED that the '[ow.n; Board of the Town of Southold hereby declares
this to be a Type II ActionI pursuant to the SEQRA Rules and Regulations
set forth in 6NYCRR, ~ section 617.5(c)(25) and Chapter ~u, of the Town
Code of the Town of Southold.
6A. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
6B.-Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and dir~ects the Town Clerk to advertise for bids for the
Superintendent of Highways for the purchase of one (1) used 1998 Tractor
with side-mounted flail mower.
6 B .-Vote of the To,Wn Board: Ayes: Councilman Murphy, Councilman
Romanelli, CoUncilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
7.-Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED tha~ the Town Board of the Town of Southold hereby appoints
Edward J. Forester to the position of Director of Code Enforcement, at a
salary o Su,9,1tlJ~.11, effective February. 2, 1999.
7. -Vote of the TOwn Board: Ayes. Councilman Murphy, Councilman
Romanelli, COuncilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochrar{.
This resolution was duly ADOPTED.
8.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby adds
Alan Kaplan of ISland Group Administration, Inc. as a signatory to the
account entitled "Town of Southold Employees Health Plan", Account No.
0124-10635-2 at North Fork Bank, subject to the strict limitations set forth
in the agreement, a copy of which is attached.
8. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Rom~ nelli,. Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
9.-Moved by Councilman Romanelli, Seconded by Justice Evans, it was
RESOLVED that tl~e Town Board of the Town of Southold hereby accepts
the bid of Northeast Environmental Services, Inc., for the Removal and
Disposal of Household .Hazardous .Wastes from the Southold Town Collection
Center for the Calendar Year"'1~99; all '"in accordance with the bid
specifications.
9.- Vote of the Town Board: Ayes: Coun&ilman Murphy, Councilman
Romanelli, Councilman Moore,, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
FEBRUARY 2, 1999 SOUTHOLD'TOWN BOARD
10A..-Moved by Councilman Moore, seconded by Councilwoman Hussie,
WHEREAS, the Highway Department is considering purchasing a
payloader; therefore, be it
RESOLVED that the Town Board of the Town of SouthOld hereby declares
this to a Type II Action pursuant to the SEQRA Rules and Regulations set
forth in 6NYCRR, Section 617.5(c)(25) arid Chapter L~ of the Town Code
of the Town of Southold.
10A .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, JUstice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
lOB.~loved by Councilwoman Hussie, seconded by Councilman Romanelli,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED FEBRUARY 2, 1999, AUTHORIZING
THE ACQUISITION OF A' PAYLOADER FOR USE BY THE
ToWN HIGHWAY DEPARTMENT, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $100,000,
APPROPRIATION SAID AMOUNT THEREFOR AND
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$100:,000 SERIAL BONDS OF SAID TOWN TO FINANCE
SAID APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not
less than two-thirds of all the members of said Town Board) AS
FOLLOWS:
Section 1. The Town of Southold, in the County of
Suffolk, New York (herein called "Town"), is hereby authorized to
acquire a payloader for use by the Town Highway Department. The
estimated maximum cost of said specific object or purpose is
$100,000, including preliminary costs a, nd c6sts incidental
thereto and the financing thereof, and said amount of $100,000 is
hereby appropriated therefor, including an amount equal ~o the
trade-in value of the existing Payloader, which is hereby
authorized to be disposed of by tr. ade-in or other lawful means.
The plan of financing includes the issuance of not to exceed
$100,000 serial bonds of the Town to finance said appropriation
and the levy and collection of taxes on all the taxable real
property in the Town to pay the principal of said bonds and the
interest thereon as the same shall beco~e~dme and payable.
Section 2. Serial bonds of the: Town in the principal
amount of not to exceed $100,000 are hereby authorized to be
issued pursuant to the provisions of the Local Finance ~aw,
constituting Chapter 33-a of the-Consolidated Laws of the State
of New York (herein called "Law"), to finance said appropriation.
SOUTH0~D:*~OwN BOARD FEBRUARY 2, 1999 9
Section 3. The following additional matters are hereby
determined and declared:
(a) The ~period of probable usefulness applicable to the
specific object or purpose for which the serial bonds authorized
pursuant to this resolution are to be issued, within the
limitations of Section 11.00 a. 28 of the Law, is hereby
determined to be fifteen (15) years; however, the bonds
authorized pursuant to this resolution, and/or any bond
anticipation notes issued in anticipation of the sale of said
bonds, shall mature no later than five (5) years from the date of
original issuance of said bonds and/or notes.
(b) The proceeds of the bonds herein authorized and any
bond anticipation notes issued in anticipation of said bonds may
be applied ko reimburse the Town for expenditures made after the
effective date of this resolution for the purpose for which said
bonds are authorized. The foregoing statement of intent with
respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United States Treasury
Department.
(c) The proposed maturity of the bonds authorized by
this resolution will not exceed five years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of validity
as prescribed by Section 5~.00 of the Law and said bonds and any
notes issued in anticipation of said bonds shall be general
obligations of the Town, payable as to both principal and
interest by general tax upon all the taxable real property within
the Town without limitatio5 of rate or amount. The faith and
credit of the Town ar~ hereby irrevocably pledged to the punctual
payment of the principal of and' interest~ on said bonds and any
notes Issued in anticipation' of the!sale of said bonds and
provision shall be made annually in the' budget of the Town by
FEBRUARY 2, 1999 SOUTHOLD TOWN BOARD
appropriation for (a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such
year and (b) the payment of interest to be due and payable in
such year.
Secnion 5~ Subject to the provisions of this resolution
and of the Law and pursuann to the provisions of Section 21.00
relative 5o the authorization of the issuance of bonds with
substantially level or declining annual debt service, Section
30.00 relative to the authorization of the issuance of bond
anticipation notes and Section 50.00 and Sections 56.00 to 60.00
and 168.00 of the Law, the powers and duties of the Town Board
relative no authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of
the bonds herein authorized, and any other bonds heretofore or
hereafter authorized, and of any bond anticipation notes issued
in anticipation of said bonds, and ~he renewals of said bond
anticipation notes, and relative to executing contracts.for
credit enhancements and providing for substantially level or
declining annual debt service, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this
resolution, and of any notes issued in anticipation of the sale
of said bonds, may be contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to expend money,
or
(b) the provisions of law which should be complied with
at nhe date of the publication of such resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty d~s a~er ~the date of such publication,
or
(c) such obligations are authorized in violation of the
p~ovisions of the constitution.
SOUTHOLD TOWN BOARD FEBRUARY 2, 1999
Section 7. This bond resolution shall take effect immediately and
the Town Clerk is hereby authorized and directed to publish this bond
resolution, in full, together with a notice attached in substantially the
form prescribed by Section 81.00 of the Local Finance Law in "The
Suffolk Times", a newspaper published in Mattituck, New York, having a
general circulation in. the Town and hereby designated the official
newspaper of the Town for such publication.
10 B. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
SUpervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Counci Iman
Councilwoman HUssie,
SUPERVISOR COCHRAN: Before we go into the next series of resolutions I
~ould like to make some comments. The 11A begins the SEQ. RA process,
hiCh ends· :uP ~.With the adoption of Resolution #1.1E. That Is how many
steps there, are in the SEQRA. It is the type of actmn, lead agency, short" '
or long, .form~ accept or reject, the content conclusions of the long form,
and positive dec, and then you get to the main body of
the n.:l.~vould like to address my remarks to the Town Board. I am
.ise in relation to going ahead, or looking at supplying
the pal for the community with electric power at a
les is something we can work through. My thought is that
all ly in the day was a two week extension, but my thought
that cjpality, have the right to now request lower electricity.
starting a company? Just for the town, for the
the town properties and buildings, and part of our
co~ York State Law requires certain things when you are
~ut to the public, one of Which is a plan and the
cost, at this point, but it is my feeling if we can reach a
as we~go through perhaps obtaining electric power for the
bu long to Southold Town municipality, it gives us the
to see what the process is, to see what
adtni need to actually be a pilot mini program to expand
on a thimgs are presently now I believe the vote is
eve d I would again ask the BOard if they would
for two weeks, so we can look at our municipal
bull pig the first time throu, gh. At least it is still
on something, and I think we could learn a lot
COUNCILMAN ROMANELLI: Couldn't we still use the Town as a guinea pig?
SUPEI SOR COCHRAN: I am of the mind that when I am told that New
Yc Law dictates a certain thing, and to do otherwise is illegal. If
I :. have that knowledge perhaps I could go in a certain direction, but
once: ~1 am informed of this I have a responsibility to myself, and to the
voter to obey the law. So, if this goes the way it has been presented on
resolutions I am going to have to vote, no. I would much rather see the
Board work together, and go through a process. It would also give us time
to look at certain contracts we are involved with. I am making a motion to
table.
Moved .by Supervisor Cochran, seconded by Councilman Moore, it was
RESOLVED that Resolutions 11A through 11E pertaining to the formation
of;a municipal electric company be TABLED.
Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,
SUpervisOr Cochran. Abstain: Councilman Murphy. No: Councilman
Romanelli, Councilwoman Hussie.
This :resolution was LOST.
SUPERVIiSOR COCHRAN: I~n't an abstention a positive vote? Robert's
ruies2 Do I have an attorney? I question that.i The resolution is lost. We
will gO through these resolutions, and so be it.
FEBRUARY 2, 1999 SOUTHOLD'TOWN BOARD
11A.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie,
WHEREAS, the Town Board of the Town of Southold is considering
forming a public utility agency for the Town of Southold to purchase power
on the wholesale market to be sold to eligible consumers including
residential, commercial 'and municipal corporations; be it
RESOLVED that the Town Board of the Town of Southold hereby declares
and finds this proposed action be an UNLISTED ACTION pursuant to the
State Environmental Quality' Review Act 6 NYCRR et. seq and Chapter
u~u, of the Town Code of' the Town of Southold.
COUNCILMAN MOORE: I will speak to all these resolutions right now, and
make my comments here. I shared with the Board my concerns at the Work
Session as it relates to the State Law, and what we can and should be
doing. It is just that we enter into a contract to help us start this
process. That firm's plan, and had a plan, was to acquire through our use
of imminent domain condemnation a system, and we pushed, and we shoved,
and of course, it took forever to get that plan out of them. In the' meantime
the LIPA process went on it's merry way, and that plan is nO longer
feasible, and I think the Board members sitting here will now concede that
acquiSition of the system is no longer the plan to be considered. ,The State
Law requires certain elements if you contemplate providing electrical
service in: your community. I have suggested, and please, do not
misunderstand, I am all for cheap electric. I a.m all for .gOing out and
bUying che~p electric, and .as the Supervisor smd we as consumers, as a
to~n, the t~wn' is a municipality, and that goes for the SchO°l~ districts,
and that goes for park districts, .and anybody else isa consumer, can go
out and d~l with LIPA, if it Es available. There~ is. co~petition, and
there is deFegulated open market they are all taking, whEch i:~n~t to say it
is not a bad idea, if' we are able legally to buy a chunl~ and ourselves
spin it Off ~and sell it to residents of our town. We don't have' that plan.
You are not going to go, and pull a file here [n ~Town HaH, la, nd see that
plan, or that laid out. It is not there. The. reSOlutions !tha~ are. being
conSidered,~ the last one in particularly, which 'Es the creation of. this
agency,: rec~uires under the law a .mandatory publici referendum.! To do; that
we;~have to'. give t° the'public the plan. The plan~ iS nOtr there~ So I ;can't
sit:her~' today, and say, we have..a plan to put before: th~ voters to
acc~°mPlish t~ha~' task. I am not saying, the plan can't be ;pu?together. I
am not sayir~g I WOuldn't Support that: plan, but asiit Stands rEight now~ the
plan isn't there. I raised these concerns earlier, and that is my comment on
that, but please, do not misconstrue that as being somehow opposed. I
don't own any bonds of LIPA. I don't have any favorite friends who work
there, so this is not a matter of supporting LIPA at all. It is not a
matter of being fearful of taking steps forward .either, but, boy, when the
law requireS~ a plan in place to give to the voters, and come November
there will be a referendum on the ballot, and people will say, what'S the
theory? What's the plan? I would be-hard pressed to tell you what it was,
and specifiCally what it might cost. That is an important piece of the
puzzle here. It is not there. Having said that I will vote, no, on 11A.
JUSTICE EVANS: I would like to support.what Councilman Moore said. He
is much more eloquent than I could be, but I would also like to emphasis
what he said is that this resolution that is before us now is different from
what we had before us before, and~we did have a plan for using our power
of imminent idomaln for taking over the facility and stuff that was at one
point with LILCO, now LIPA. I personally like this idea, better than
.the one we had the plan for, but until we have a plan to go along with the
Edea I can'n0t vOte for this.
COUNCILWOMAN HUSSIE: In the first place to reply to the Supervisor's
suggestion that we just have the.town buildings,' be the guinea pigs, so to
speak. That would be'. fine; ;&x~ePt ~['h~t the use by the town buildings is
not enough to give anybody an offering of anything. Indeed it isn't even
enough to get into the LIPA choice plan. The Town as a whole over the
whole year, the whole town, every consumer, uses u~0 megawatts of power.
The town doesn't use anything like that. There is no way that LIPA is
going to get involved in this, or any other company become involved in
this. That is just an aside. As far as this not being legal and needing to
go to a referendum with a plan and numbers, that is an opinion. I could
bore you by reading to you from Article I~A that says that every local law,
resolution, etc. has to be published, like the law says, it .~as to be
published, it has to be in there for six weeks. After all of these things it
does not say that it has to have money involved with it. To counter the
argument that there is no plan, there is a plan. The plan is to form an
agency. The agency will be run by a board of directors consisting of seven
people, three of them from the community at large. The plan is to have that
agency enter into agreement to purchase available power from whomever
they can get it. The plan is to make sure that the costs are correct, and
not exceeding what is legally allowed. The plan is to distribute that power
to all and any eligible consumers. The plan is to go to the Public Service
Commissioner, and get the rates from them. The plan is not have any
money at all; It says, it is estimated that the rates fixed by the Public
Service Commission for the electric service to be furnished ~to the customers
set forth in Section 6 will be sufficient to reimburse the agency, that's
the town, for all of it's costs in furnishing such electric service that
accordingly .~the operation of this utility service will be at no net cost to
the agency.. We had a lot: of argument, a lot of talk, a lot of discussion
about .that this afternoon, but if I can make an example, if the town~ if the
agency~ has the opportunity to purchase the electricity at $.02; and it cost
us b2 'to Wheel,-it h&re, to get it over LILCO's lit{es, nes
and, we sell the elec.tricity for that cost. 1 the
$.02 ;:0b, ': there :. is no cost i~.volved anywhere, here. ar~e just
act .' Incidentally, I didn't compose this myself. I took it
from County' Law, They have to do thlS~ by Iaw. 'f'he ~ns'~d0
it by I toOk the language right out of there. I left out the
fact t d be buying our power from LILCO~ ~s
not at the time in 1983, when this was don
were g~ing to purchase the power from was LILCO. I out'
of their&; It would have been no problem at all. Suffolk County is ng
electricity, and shuffling it around wherever it wants to go, or
applies for it. It has not been a problem. I do not go with the idea we
have to.~have COSTS, dollar absolutely dollar amounts. It doesn't .say that
anyplace, and the Town Attorney also said that, that was an opinio~; Did
you not~ I won't get you into this. It was an opinion.
~ ~1 lA.- Vote ~ of the Town Board:
Romanelili, Councilwoman Hussie.
Supervisor Cochran.
This resolution was LOST.
Ayes: Councilman Murphy, Councilman
No: Councilman Moore, Justice Evans,
SUPERVISOR CQCHRAN: Greg, I have a ~uestion. Does the adoption or
the det~eat of this paYticular resolution serve to cancel out the rest? Is
this a :series of you have to do this, then you have to do this, if this
doesn't :happen, the next one doesn't, or do we go through all of these?
TOWN ATTORNEY YAKABOSKI: The short answer is normally you would
stop. Under SEQRA rules and regulations there is a series of steps you
take in evaluating a project under SEQRA. The first step you take is the
project sponsor, m this case the Town Board, making a determination of
whether it is a Type I, Typ. e II, or an unlisted action, as the Board can
not reach a decision at this time as to what type of action it is. It is
difficult to decide what to add to that.
COUNCILWOMAN HUSSIE: What was the last thing that we voted on? That
was a motion to table it, wasn't it?
SUPERVISOR COCHRAN: That was the one before. That was defeated, and
this one was defeated, and that is why through the SEQRA process
adoption of one thing triggers the next, and that is my question. Should
we go through, and continue all of these?
TOWN ATTORNEY yAKABoSI~'i: One step W6 could take is 11C, I think it
is regarding the long form, that in a worse case scenario if this is a Type
I then that ~would mandate a Long Form being done. The second resolution
as a lead agency I do not believe that there are other lead agencies. So,
really number 11C, if that was undecided it would seem to bring a stop to
the process.
FEBRUARY 2, 1999 SOUTHOLD'TOWN BOARD
SUPERVISOR COCHRAN: Okay, so we will go with 11B? Unlisted Action is
11B. The next one 11B is Lead Agency, 11C is the Short or Long Form,
11D is accept or reject content and conclusions of Long Form, and then you
have the Neg Dec, or Positive Dec, and then you have the resolution
itself. It you would like to go through all of these we will.
PAUL SZPARA: We don~t have those in front of us. We can't look them
over. I didn't see these'things. I would love te comment on this .stuff, and
I need time. I have 11 here, set for a public hearing. That is all I see.
I don't see 11A, B, C. I don~t want to read them now, It is a.little late
now. I don't think it is fair, that we don't know all of this. I thought
you all were going to vote.
SUPERVISOR COCHRAN: We are going to vote on each and every one of
them. They were written in on our resolutions, because it was late in the
day 'when they were finished. It was after everyone left for the day. I
would still 'entertain a motion to hold this for two weeks. Do you want to go
make copies of the agenda as you changed it, and hand it out? These are
resolutions given to us by the attorney at the end! of the day. If this is
what anyone in the audience would like copies of, we will stop and make
copies f~r everyone. It is the automatic SEQRA process, that you have to
go through. The one that I think you want is 11.
JUSTICE EVANS: You should note on the agenda it shows it as a public
hearing :for a local law, and it is actually a resolution.
COUNCILMAN ROMANELLI: Eleven is probably what the public probably
would want to read.
PAUL SZPARA: As I read it, it is very simple. It authorizes the town
to establish. It doesn't mean you go through the whole process. Now, you
are all talking about something way different.
SUPERVISOR COCHRAN: You have to go through a SEQRA process before
you get there, and these are the steps of the SEQRA process. If~ anyone
wants a copy of these resolutions you are more than welcome. Joe?
JOE GOLD: I don~t think that is the point that he is trying to make. The
point is we are given an opportunity before the meeting to comment on the
resolutions, and then they are voted, and we haven't seen them. I don't
want to go through the SEQRA thing, but it looks like it is SEQRA
resolution. You are never going to get to the real measure.
SUPERVISOR COCHRAN: We are going to go right through the real
measure. We are going to go through every one of these.
JOE GOLD: You are going to vote on every one.
SUPERVISOR COCHRAN:
question whatsoever.
Right to the real measure, so there won't any
11B.-Moved by Councilman Romanelli, seconded by Councilman Murphy,
WHEREAS, the Town Board of the Town of Southold is considering
forming a public utility agency for the Town of Southold to purchase power
on the wholesale market to be sold to eligible consumers including
residential, commercial and municipal corporations; and
WHEREAS, there are no other involved agencies;
RESOLVED that the Town Board of the Town of Southold hereby declares
itself to be the LEAD AGENCY for the above referenced project pursuant to
the rules and regulations of SEQRA set f0rth~in 6~NYCRR 617 et.seq.
11 B.-Vote of the Town Board: Ayes:. Councilman Murphy, Councilman
Romanelll, Councilman Moore, Councilwoman Hussie. No: Justice Evans,
Supervisor Cochran.
This resolution was du!y ADOPTED,
11C,-Moved by Councilwoman Hussie,, seconded by Councilman RomanellJ,
WHEREAS, the Town Board of the Town of Southold is considering
forming a public utility agency for the Town of Southold to purchase power
on the wholesale market to be sold to eligible consumers including
residential, commercial_ and municipal corporations; and
WHEREAS, the Town Board has determined that this project is an
UNLISTED ACTION; and
WHEREAS, the Town Board is the LEAD AGENCY; be it
RESOLVED that the Town Board of the T~e~nF~LrSuOa~th~ldl~Leby adopts
the Long 'Environmental ASsessment Form, da' .. y
C.-Vote. of the Town Board: Ayes: Councilman Murphy~ Councilman
Romanelli,. CouncilWoman Hussie. Abstain: Councilman Moore. No: Justme
Evans, Supervisor Cochran.
This resolution was LOST.
· -Moved by Councilman: Romanelli, seconded by Councilwoman Hus. sie, . .
wH~EAS, the !T°wn Board of the Town of Southold ns considering
forming a public utility agency for the Town of Southold to purchase power
on the wholesale m~rket to be sold to eligible consumers including
residential, commercial and municipal corporations; and
WHEREAS, Board has determined that this project is an
UNLISTED and
WHER_F~.s, Boar. d is the LEAD AGENCY;
WHEREAS~ a Enwronmental Assessment Form has been completed;
be it
RESO.LVED l~hat the Town Board of the Town of Southold hereby declares
and finds that the above referenced project will not result in any large and
important and therefore, is one which will not have a significant
11
this
6NYCl
SM
This reso
be it further
loard hereby issues .a negative declaration for
SEQRA rules and regulations set forth in
~, of the Town Code;
~rd: Ayes: Councilman Murphy, Councilman
Hussie. No: Councilman Moore, Justice Evans,
11E,
that~there.~
the T(
cot
iii
pass
~.Hussie, seconded by Councilman Murphy,
I of the Town of Southold does hereby find and determine
electric power available in the near future to
other municipal coq3orations or other public
a need for this Boa~i to authorize the establishment of a
c consumers in the Town of Southold and to
~,and
WHEREAS, PUmuanti;to Article 14A of the General Municipal Law the Town hereby
establishes a public dtility ~rvice, as such term is defined in Section 360 of such article.
which is authorized tO establish, construct, lease, purchase, own, acquire, use, and/or
operate facilities withi)~.or without the territorial limits of the Town for the purpose of
furnishing to itself or l~or COmpenSation to its inhabitants any sap/ice similar to that
furnished by any public utility company specified in Article 4 of the Public Service Law
Law. Now, therefb~e, be it
RESOLVED, on behalf of the Town with respect, to,,s~uch service, there is hereb.y,,created
the Town of soUthoid Gas ~ Electric. Agency, hereinafter called the "Agency. The
Agency Shall possess andy an~l ali powers granted to a public utility service pursuant to
Article 14A of the General Municipal Law and any other applicable provision of the law.
The Agency shall have seven (7) members appointed by the Town Board and including
two (2) Town Board members, the Town Attorney; the Town Comptroller and three (3)
members of the public at large. Each of said appointments shall be for a four (4) year
term except that the initial appointments shall be one for a two (2) year term and one for
a four (4) year term by such appointing authority. No compensation shall be paid to
persons for the performance of their duties .on behalf of the agency. The Agency shall
meet at the call of the Chairman. A quorum of four (4) members shall be required for
any action of the Agency and such action shall require the affirmative vote of the
majority of the members of the Agency~ .and be it further ~
6 FEBRUARY 2, 1999 SOUTHOLD TOWN BOARD
11E~-
RESOLVED that ,(1), The Agency ,on behalf of the Town,
of Southold is hereby authorized to enter into agreements to purchase all available
power from the state, any State agency, any other municipal corporation or other public
corporation or any other available source at such price, as may be negotiated by them
and such other entity, not ~o exceed, however, the price thereof allowable by law. (2)
The Agency is authorized, from time to time as it may deem appropriate, to enter into
agreements to lease or otherwise contract to use electric transmission systems
of other utilities as is necessary*to deliver sUch electric service. 'The amount to be paid
under such arrangement shall not exceed the cost inourredby such other utility for
transmitting the power purchased through the system of such utility,, the cost of leasing
such incident connecting facilities and-metering devices as :may be required and related
administrative costs. Such arrangement shall contain assurances that such power
purchased by the Town of Southold will be distributed to any eligible consumers.(3)
The Agency is hereby authorized to enter into agreement(s)to sell the power it
purchases ~rom any entity, as aUthoriZed hereby, to the eligible consUmers of electricity
in the Town at a Price not to rexCeed the'cost of such. electric power, the system leasing,
operating, administrative and transmission costs relating to such power, and the
administrative costs that may be i~curred by the Town in the purchase and sale of such
power, but in n°'Case shall the price t° the ~Onsumer Provide fOr a profit to the
Town.,and(4), It is estimated that the rates as fixed by the Public S~rvice CommiSsion
for the electric service to' be fumiShedt0 eligible customers, as set fOrth in SeCtiOp 6 will
be sufficient to reimburse the Agency for allof its costs in furnishing such electriC ~
serVice and thati accordingly the operation Of this utility service.will be at no net cost to
the Agency:
This Resolution shall not take effect unless and until approved by the majority of the
electors Voting at the next Genera[ ElectiOn of theTOv~'of S0u~old and, in such
respect, the Town Clerk of the TownI of South01d shal[PubliSh this propositi?n
embodying the' terms of!this resoluti~, n in ihe manner i~rovided .for in Subdivision 5 of
section 6C~ of. the General Municipal iLaw' This resolution shall in no: way be. construed
as a limitation on t.h.e power of ihe TOwn of Southold t° exerCi.'se the right of Eminent
Domain in connection With the aCquisition' of plant, tra?mission:or di~tributions°urces
of any utility las may be authorized by sUbSequent legislation and SUbject to a
subsequent mand~t0ry :~efe~endum'~f the ~{ers of;[lq· TOWn of South°Id.
cou LLI: I wOuld ;Ii
read,
conanent on that, that ':Alice just
~k~' like a plan.~
COU:NCILWOMAN HUSSfE: Before I say, yes, there was one comment that I
did make before. There was some talk about the contract.that we halve with
the company that has been Iool(ing fo~ us forming 'an' agency 'or cbmpany,
· ' d
or whatever you want to call it, and,the fact that we are obhge , at this
time, to pay them 50% of the Town's bill is for the next ten It would
be nice not. to to do had the
oppqrtunity the can save
$60,000, 'and we r? 'We .000.
Vote of the TOwn Board: ~ Ayes:
Romaneili, Councilwoman HuL~sie. 'Nb:
SupervisOr Cochran;
This resolution was LOST.
Councilman: Murphy, ..Councilman
Councilman Moore, ~Justme Evans,
SUPERVISOR COCHRAN: We should have stopped at 8:00 o~clock, but with
ali this involvement. We have public hearings. As you know we left the
Kaloski hearing ope, n. Until (tape change) rights being purchased· If not,
I will close that heal'lng; ~ 41 ~ ' ' ' ~ r
Moved by Councilman Moore, seconded by Councilwoman HussJe, it was
RESOLVED that a recess be called at this t~me, 8:05 P~ M., for the.
purpose of holding a public, hearing.
Vote of the Town Board: Ayes:. CounCilman Murp. h¥, = ~ CouncJlm. an
Romane|li, Councilman Moore, .Justice Evans, CouncilWoman Hussm,
Supervisor Cochran.
This resolution was duly ADOPTED.
Meetin~l reconvened at 8:20 P.M.
SUPERVISOR COCHRAN: We will go back to resolutions. Number 12,.
pertaining to Conservation Easements conveyed by Raoul Witteveen to
Peconic Land Trust, is on hold.
13.--
Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1998 as follows:
To:
A1-~10.1.100.100 Full-Time Employees, Regular Earnings $ 38/4.00
F rom:
A1/410.1.200.100 Part-Time Employees, Regular Earnings $ 38/4.00
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 modifies
the General Fund Whole Town 1998 budget as follows:
To:
A~670.~4.600./400 Miscellaneous, Postage
From:
A1670Jt.600.500 Miscellaneous, Express Mail
14.- Vote of the Town Board: Ayes: Councilman
Romanelli, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
$158. O0
$158. ~0
MurPhy, Councilman
Councilwoman Hussie,
15.--
Moved by Councilman Murphy, 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:
A.9055.8.000.100 Package 7 Benefit Plan
CSEA Benefit Fund $ 1,800.00
From:
A. 9055.8.000.200
15. -Vote of the
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Package 7 Benefit Plan
PBA Benefit Fund
Town Board: Ayes: Councilman
Evans,
$ 1,800.00
Murphy, Councilman
Councilwoman Hussie,
16.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the 1998 Employee Health Plan budget as follows:
To:
Revenues:
MS. 5990
Appropriations:
MS. 1910./4.000.000
MS.8686./4.000. 000
MS. 9060.8.000.000
From:
MS. 1989.tt. 000.000
16.-
Appropriated Fund Balance
Insurance
Administration
Medical Benefits
Medicare Reimbursement
Vote of the Town Board: Ayes: Councilman
Romanelli, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
/41,000.00
2,000.00
1,000.00
50,000.00
$ 12,000.00
Murphy, Councilman
Councilwoman Hussie,
17.
17. - Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
-Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the town of Southold hereby modifies
the 1998 Fishers Island Sewer. District budget as follows:
To:
Revenues:
SS2.5990.00 Appropriated Fund Balance $ 9,500.00
Appropriations:
SS2.8160./4.000 Sewage Treatment, Contractual Expenses
Councilman
Evans,
$ 9,500.00
Murphy, Councilman
Councilwoman Hussie,
FEBRUARY 2~ 1999
SOUTHOLD TOWN BOARD
18o--
19.--
20o--
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1999 budget as follows:
To:
Revenues:
A.3089.80
Appropriations
Vote of the
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Miscellaneous State Aide
Department of State Grant
Parks and Beach Facilities
Contracted Services
Beach Nourishment
Town Board: Ayes: Councilman
Evans,
$ 5,000.00
$ 5,000.00
Murphy, Councilman
Councilwoman Hussie,
Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the 1998 Wastewater Disposal District budget as follows:
To:
S51.8130.4.200.200 Light & Power $ 800.00
SS1.8130.4.200.400 Water ~ 50.00
SS1.8130.4.600.700 Licenses & Permits 255.00
From:
SS1.8130.~,.500. 900 Unallocated '$ 1,105.00
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the General Fund Whole Town 1999 budget as follows:
To:
Revenues:
A.2025.00
Appropriations:
Special Recreational Facilities
Park & Playground Funds
A.7110.2.500.900
A.7110.2.500.350
A.7110.2.500.850
A. 1620.2.500.100
20. - Vote of the
Romanelli, 'Councilman Moore, Justice
Supervisor Cochran.
Thls resolution was duly ADOPTED.
Parks, Capital Outlay
Laurel Lake~ Park
Town Beach Gazebo
Downs Farm Preserve
Chamber Booth
Town Board: Ayes: Councilman
· ~ Evans,
37,638.25
$ 10,006.05
3,390.00
5,242.20
19,000.00
Murphy, Councilman
Councilwoman Hussie,
21 .-Moved by Justice Evans, seconded by Councilman-Moore, it was
RESOLVED that the Town Board of the TOwn of 5outhold hereby modifies
the General Fund Whole Town 1998 budget as follows:
To._~:
A.1620.4.100.100
Buildings & Grounds, C. E.
Supplies & Materials
Miscelladeous Supplies
$ 200.00.
A.1620.4.200.100
A. 1620.4.200.200
A.1620.4.200.400
Buildings & Grounds, C. E.
Utilities
Telephone
BuildingS & Grounds, C. E.
Utilities
Light & Power
Buildings & Grounds, C. E.
Utilities
Water
1,000.00
5,000.00
500.00
A.1620.4.400.100
Buildings & Grounds, C. E.
Contracted Services
Building Maintenance & Repairs..
2,500.00
SOUTHOLD TOWN BOARD FEBRUARY 2, 1999 1 9
A.5010.1.100.100
Superintendent.of Highways, P.S.
Full Time Employees
Regular Earnings
60.00
A.5010.1.100.200
Superintendent of Highways, P.S.
Full Time Employees
Overtime Earnings
700.00
A.5010.1.100.300
Superintendent of Highways, P:S.
Full Time Employees
Vacation Earnings
7,100.00
A.5010.1.100.400
Superintendent of Highways. P.S.
Full Time Employees
Sick Earnings
19,500.00
A.5182.1.100.100
Street Lighting. P.S.
Full Time Employees
Regular Earnings
75.00
A.5182.4.400.650
Street Lighting. C.E.
Contracted Services
Vehicle Maintenance & Repairs
250.00
21. - Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
22 .-Moved by Councilman Romanelli, seconded b_~ Councilman MOore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Highway Fund Whole Town 1998 budget as follows:
To:
DA. 5140.2. 200.100
Brush & Weeds, Equipment
Office Equipment
Typewriters
From:
DA . 5140 . 4.100 .100 Brush & Weeds, C.E.
Equipment
Office Supplies
22. - Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
$ 400.00
$ 400.00
Councilman Murphy, Councilman
Evans, Councilwoman Hussie,
23.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby declares
the following list of equipment as surplus equipment; and be it
FURTHER RESOLVED that the Town Board of the Town of Southold
hereby authorizes and directs the Town Clerk to advertise this surplus
equipment for sale by bid=
IBM Quietwriter III, printers, asset number 25, 26, tt53, 455, 650, 651
NCR PC asset number 1306
IBM PS/2 model 30 286 asset number 1213 or 1352
IBM 5160 asset number 1258
Para Systems battery asset number 135~
Bernoulli backup, apparently missing from Fixed Asset system
23 .-Vote of the Town Board: Ayes: 'Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran. :
This resolution was duly ADOPTED.
0 FEBRUARY 2, 1999 SOUTHOLDTOWN BOARD
24.-Moved by Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town Of Southold hereby modifies
the General Fund Part Town 1998 budget as follows:
To:
B.9055.8.000.100 Package 7 Benefit Plan
CSEA Benefit Fund $ 700.00
From;
B.9010.8.000.000
New York State Retirement
ERS Retirement
24. - Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
$ 700.00
Murphy, Councilman
Councilwoman Hussie,
25.-Moved by Councilwoman Hussie, seconded by Just~ice Evans,
WHEREAS, there has been an application to c~nnect to the p.ublic sewer_.
at Winthrop Drive, Fishers Islan~J in order to cOnstruct a single-family- ....
residence on a vacant lot; therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby declares
this to be a Type II Action pursuant to the SEQRA Rules and Regulations
set forth in 6NYCRR, Section 617.5 (c)(11) and Chapter /~, of the Town
Code of the Town of Southold.
25. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
Abstain: Councilman Moore.
This resolution was duly ADOPTED.
25B.-Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, pursuant to Section 76 of the Southold Town Code, the Town
Board acting for and on behalf of the Fishers Island Sewer District is
authorized and empowered to regulate the disposal of wastewater and
proper operations and maintenance of the public sewers, the sewage
treatment facility, and other sewage works within the Fishers Island Sewer
District (FISD); and
WHEREAS, Thomas and Carman Suedmeier, (contract vendees), wish
to obtain a permit to connect to the public sewer located at Winthrop
Drive, Fishers Island for the purposes of Construction of a single-family
residence on a vacant lot, presently owned by Paul and Jean Bigelow,
said lot located on the north side of Winthrop Drive, Fishers Island, New
York (Suffolk County Tax Map ~1000-009-0-15); now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby
authorizes Thomas and Carman Suedmeier to connect to the 'Fishers
Island Sewer District at Winthrop Drive, Fishers Island, New York
(Suffolk County Tax Map ~1000-009-9-15), in accordance with the rules and
regulations set forth in Chapter 76 of the Southold Town Code, subject to
the Town Board receiving a written approval from the Fishers Island Sewer
District Consultant/Engineer, Michael Horne.
25B.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Justice EVans, Councilwoman Hussie, Supervisor Cochran.
Abstain: Councilman Moore.
This resolution was duly ADOPTED.'
26.- Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, Terry contracting ~ Materials, Inc., the Iow bidder on
"Rental of D8 Bulldozer for Landfill Capping Purposes" awarded on
September 30, 1999, has been unable to provide a bulldozer for the agreed
rental term; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of H.O. Penn Machinery Company, Inc., the next lowest bidder, to
supply a "Rental of D8 Bulldozer for Landfil! Capping Purposes", at a cost
not to exceed $11,000.00 per month,, and for a minimum period of five (5)
weeks in order to complete~ the :origli~al ~erm of a "minimum of two (2)
months" as stated in the bid specifications.
27°--
COUNCILWOMAN HUSSIE: I think an explanation is in order for those of
you who follow this closely,, if there is anybody. Nevertheless a little
while ago we did rent a bulldozer from somebody. We went into contract,
and we did the whole thing, and everything was going along swimmingly.
The Only problem is that bulldozer broke down, and the company from
which we rented it could not fix it, etc., etc., and the sand that we are
getting to do the capping has been piling up, and it is up to our eyebrows
now, so we have to have another bulldozer, and that is why we did this.
Vote of~ the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Murp. hy, Councilman
Evans, CounCilWoman HUssie,
Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Southold Town Police Department 1998 budget as follows:
To:
A. 3020.1.100.100
A. 3020.1.100.200
A. 3120.1.100.200
A.3120.1. 100.400
A.3120.1.100.500
A.3120.1.300.200
A.3120.2.200.300
A.3120.4.100.500
A.3120.u,. 100.700
A.3120.4.100.900
A.3120.4.400.400
A. 3120.4.:400.600
A.3120.4.u,00.650
A.3130.1.100.100
A.3130.2.300.100
Regular Earnings
Overtime Earnings
Overtime Earnings
Sick Earnings
Holiday Earnings
Overtime Earnings
Police E~luipment
Motor Vehicle Tires
Prisoner Food
Miscellaneous Supplies
Laundry & Dry Cleaning
Radar/Equipment Maintenance
Vehicle Maintenance F, Repairs
Regular Earnings
Automobile Equipment
2,320.94
32,074.74
8,418.95
63,259.24
32,453.60
817..54
804.00
140.80
207.08
116.58
528.80
1,243.75
2,561.91
329.68
2,049.04
From:
A.3120.1.100.100 Regular Earnings
147,326.65
27.- Vote
of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
28.--
28o--
This resolution was duly ADOPTED.
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town. Board of the Town of Southold hereby
authorizes Supervisor Jean W. Cochran to execute a 1999 Youth Bureau
Amendment of Agreement for an Extension of the current contract between
the Town of Southold and the County of Suffolk for the Southold Town
Youth Service Program in an amount not to excbed $10,200.00.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED.
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 Part Town 1998 budget as~f°~ii0ws:
To:
Revenues:
B.3989.00
Appropriations:
B.8020.4.600.700
State Aide
Harbor g Erosion Management
$ ~6,254.22
Planning, C.E.
Miscellaneous
Harbor & Erosion Management
46,254.22
29.-Vote of the Town Board:. Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
30.-Moved by Councilman Moore, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 19t~ day of January, 1999, "A Local Law in Relation to
No Parking signs on'Plum Island Lane", ' Chapter 92, of the Code of the
Town of Southold; and
WHEREAS, a public hear. ing was held on this Local Law on the 2nd day
of February, 1999, 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. I - 1999
A Local Law in Relation to No Parking Signs on Plum Island Lane,
BE IT ENACTED, by the Town Board of the Town of SOuthold as follows:
I. Chapter 92 (Vehicles & Traffic) Section 92-41 (Parking Prohibited At)
All Times) of the Code of the Town of Southold is hereby amended as
fei lows:
Name of Street
Plum Island Lane
Between
Side Hours of
Both At All Times
* Underline represents additions
Location
In Orient, on both
sides Plum Island Lane,
from the intersection of
Route 25 southerly to the
inter-section of Parkview
Lane.
Strikethrough represents deletions
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 judgement 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 immediately upon filling with the
Secretary of State.
30.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
31.-Moved by Councilwoman Hussie, seconded by Councilman Moore,
WHEREAS, there was presented to the Town Board of the Town of
Southold, on the 19th day of January, 1999, "A Local Law in Relation to
No Parking Signs on Plum Island Lane", Chapter 92, of the Code of the
Town of Southold, and
WHEREAS, a public hearing was held on this Local Law on the 2nd day
of February, 1999, 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. 2 - 1999
A Local Law in Relation to Stop Sign on Pike Street
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 II1~ Section 92-30 (Stop. intersections with step signs) is
hereby amende~l by adding ~thereto the foliowing:
Direction At Inter- Location
Stop Sign On of Travel section with (hamlet)
Pike Street westerly Westphalia Avenue Mattituck
2. Article III, Section 92-32:.(Yield. Intersections~ is hereby amended
by deleting the following:
Direction At Inter- Location
Yield Sign On of Travel section, with (hamlet)
Pike Street westerly Westphalia Avenue MattituGk
SOUTHOLD TOWN BOARD
II. Severability. If any section or subsection, paragraph, clause, phrase
or provision of this law shall be judged invalid or held unconstitutional by
an court of competent jurisdiction, any judgement, any judgement 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. ~1~
III. This Local Law shall take effect immediately u n filing with the
Secretary of State.
31 .- Vote. of the Town Board: Ayes: Councilman Mu'rphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,
Supervisor Cochran.
This resolution was duly ADOPTED.
COUNCILMAN .MOORE: I would offer an amendment to #32, a minor change
to the Wireless Communication Radio language. Be it enacted by the Town
Board of the Town of Southold that Chapter 100-13 of the ToWn Code is
hereby admitted as follows: That would be the line to be added in there.
32A.-Moved by CounCi!man M.o. ore, seconded by Justice Evans, it was
RESOLVED that an addition be made to Local Law No. 32 of 1999, a "Local
Law in Relation to Wireless Communication Facilities" as follows: Be it
Board of the Southold that Chapter 100-13 of the
Town amended as follows:
32A.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romane!h,.: .. Co~ ncdman Moore, Justice Evans, Councilwoman Hussie,
SuPervls°r. ~e~Chran.
This resoluti°n Was duly ADOPTED.
32B.-Moved by Councilman Moore, seconded by Justice Evans,
WHEREAS, there was presented to the Town Board of the Town of
SoUthold, on the 27th day of October, 1998, a Local Law entitled, "A
Local Law in Relation to Wireless Communication Facilities" of the Town Code
of the Town of Southold, and
WHEREAS, a public hearing was held on this Local law on the 10th day
of November, 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:
LOCAL LAW NO. ~' - 1999
A Local Law in Relation to Wireless Communication Facilities
of the Town Code of the Town of Southold.
BE IT ENACTED, by the Town Board of the Town of S0uthold as follows:
I. Chapter 100-13 of the Code of the Town of Southold is~ hereby amended
as follows:I
WIBIiL,B8S COMMU CA1'LOI I8 - radio transml on
m.or.u In u nz not
* Underline represents additi~ns
Strikethrough represents deletions
II. Seve~bllity. If any section-or subse~i0n, paragraph, clause, phrase,
or provision of this law shall' be judged invalid or held unconstitutional by
any court of competent jurisdiction, any judgement ~de thereby shall not
affect the validity of this law as a whole or any pa~ thereof .other than
the part or provision so adjudged ~o ~ Invalid' or unconstitutional.
III. This Local Law shall ~ke effect i~edlately upon filing with ~he
Secre~ry of S~te.
2~ FEBRUARY 2, 1999 SOUTHOLD TOWN BOARD
32 B. -Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
33.-Moved by Councilman Murphy, seconded by Councilwoman Hussie,
WHEREAS, the Town Board of the Town of Southold wishes to purchase
the development rights in the agricultural [ands of the Estate of Sophie
Kaloski, west side of Alvah's Lane, Cutchogue, New York;
WHEREAS~ the Town Board held a Public hearing with respect to said
acquisition on the 19th day of January 1999, pursuant, to the provisions
of the Southold Town Code; and
WHEREAS, the Town Board deems it in the public 'interest that the Town
of Southold acquire the development rights in the agricultural lands as set
forth in the proposed acqUisition 'between the Town of S0uthold and the
Estate of Sophie :Kaloski, at a purchase price of $9,075.00 per acrei now,
therefore, be it
RESOLVED that the Town Board elects to purchase the development rights
in the aforesaid agricultural lands owned by the Estate of Sophie Kaloski
comprising approximately 2'+ acres which are part of the ~parCel of land
knows as SCTM #1000-109-1-24.1 located on the west si;cle~ of AlYah's
Lanef Cutchogue, New York; and be it
FURTHER Ri=SOLVED that the Town Clerk be and she hereby is
authorized and directed to give notice of such acceptance to the Estate of
Sophie Kaloski; and
FURTflER RESOLVED that the Supervisor b~ and she hereby is
authorized and directed to execute any and all required documents for the
acquisition of said development rights.
COUNCILMAN MURPHY: This resolution c~vers two additional acres to the
Kaloski property, which we had agreed to .purchase the development on
their farm, and when the surveys were finally done, and showed the
cutouts to the barns, and the houses, it ended up to be two additional
acres in the farm area, which they wished to purchase, and which the
Town wanted to purchase, so this is the resolution covering those two
additional acres,
JUSTICE EVANS: What is the total?
TOWN ATTORNEY YAKABOSKI: Fifty-seven acres plus these two.
-Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
3~.-Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies
the Fishers Island Ferry District 1998 budget as follows:
From:
SM.5709.2
SM.5710.4
SM.9710.7
To:
SM. 1930.4
SM.5610.4
SM. 5708.2
SM.5710.1
SM. 7155.4
SM. 9030.8
SM. 9050.8
SM.9710.6
-Vote of the
Repairs, Dock
Operations Ferry, (CE)
Serial Bond Interest
Insurance Claims
Elizabeth Airport
Terminal Project
Operation Ferry (PS)
Theater
Social Security ~
Unemployment insurance
Serial Bond PrinciPal
Town Board: Ayes:
Romanelli, Councilman Moore, 'Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
$23,016.60
40,000.00
1,836.40
$ 852.78
20,706.18
1,381.75
39,835.04
.06
234.79
6.00
1,836.40
Councilman Murphy. Councilman
Evans, Councilwoman HussJe,
SOUTHOLD TOWN BOARD YEBRUARY ~,1999 2 5
35.-Moved by Councilman Romanelli, seconded by Councilman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants a
temporary trailer permit to Bobble Zorn for a trailer to be located behind
former Porky~s Restaurant, 305 North Road, Greenport, New York, for a
period of six (6) months, to be used as temporary living quarters while the
buildings on the property are being renovated for a bed and breakfast
establishment.
35.-Vote of the Town Board: Ayes: Councilman Murphy., Councilman
Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
Abstain: Councilman Moore.
This resolution was duly ADOPTED.
36.-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 Part Town 1998 budget as follows:
To:
B.8010.1.100.100
Zoning, P.S.
Full Time Employees
Regular Earnings
$ 236.28
B.8010.4.100;100
Zoning. C.E.
Supplies & Materials
Office Supplies
78.33
B.8010,4.500.300
Zoning. C.E.
Fee for Sewices - Non-employee
Emergency Court Reporters
170.00
B.8010.4.600.100
Zoning. C.E.
Miscellaneous
Legal Notices
379.60
B.8010.4.600.300
Zoning. C.E.
Miscellaneous
Travel Reimbursement
5.79
From
B.8010.1.200,100
Zoning. P.S.
Part Time Employees
Regular Earnings
$ 870.00
36. - Vote of the Town Board: Ayes:
Romanelli, Councilman Moore, Justice
Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Evans,
Murphy, Councilman
Councilwoman Hussie,
37.-Moved by Councilman Romanelli, seconded Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes and directs the Town Clerk to advertise for bids for the sale of
one (1) 1995 Ford Crown Victoria with missing parts in "as is condition".
37. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle,
Supervisor Cochran.
This resolution was duly ADOPTED,
SUPERVISOR COCHRAN: That .is the end ,of our resolutions. At this time
if there is anyone that would like to address the Town Board on any topic
that is Town business, please, feel free. We will entertain that now.
JOE LIZEWSKI: I would like to address the Town Board on two issues. I
am sorry that the Town Board is not deciding to look for cheaper
electricity. As a businessman in town I can tell: you that electric costs are
still prohibitive. They are the highest, that I know of, in the United
States.
FEBRUARY 2, 1999 SOUTHOLD TOWN BOARD
SUPERVISOR COCHRAN: We realize that.
JOE LIZEWSKI: I think that not only the business people, I think for
the poor people in town it would be very nice to have their rates cut, also,
if possible. I think it is one of those things that I knew was going on for
eight years. I was here when Tom Wickham, Joe Townsend, and another
Board had turned the same idea down. It was probably more advantageous
at that time. It is probably more difficult this time, but I still think it
deserves being .Iookred into. I think a lot of people feel that electric
bills are a big part of their expenses in this town, probably on par with
our taxes. I donlt see much different between lowering electric bills, or
lowering our taxes. It would probably do the same amount of good~ The
other thing I wanted to talk about, and ask about, is I noticed that Bob
Kasner made a request that the ZBA look into the: DrOSsos affai~r, I was
wondering when did it happen that the Building Department lost the right
to decide? If you go to the ZBA in the past, /'~alWays thought~ it; was'~the
customary thing that the ZBA gets the right to hear an app&al,
Building Department decides that g is
Kassner for the site plan. When does ~this
case, not the Planning Board, but been that
prerogative to decide for somebody that they Should go to the Zoning Board
of Appeal? I thougftt it was always done by the Building I get
your laws. I have never seen the law change, is that s is
that just a new thing that is coming about, Site
Planner make those decisions now, and not the Is this
going to be common place in our town, that up by
a Site Planner, that decided that it is not a bar
and not the Building Department, that issues the I?
SUPERVISOR COCHRAN: Greg, are you familiar with thi:s at all?
TOWN ATTORNEY YAKABOSKI: I don~t have the Code section in front of
me, Joe, but there is a Code section which has been on:the books for quite
some time, which permits the officers of otl~er Boards to seek
interpretations for the challenged decisions of the Building Department.
That is not new.
JOE LIZEWSKI: Is Bob Kassner one of these people? Is he a Board?
Is he an employee, or is he a Board?
TOWN ATTORNEY YAKABOSKI: He is not a Board. I can't speak to Bob
Kassner planning.
COUNCILMAN ROMANELLI: I think he brought it to the Board. The way it
was put in the paper it sounded like he, Bob Kas~ner, made the decision,
that this should be appealed to the ZBA. The r{ormal route always has
been in the past the Building Department when it turns you down for
something, then you have the right to appeal. It is not usually a decision
of Bob Kassnerls.
COUNCILMAN MOORE: That is only one of the ways you can get to the
Zoning Board. You can get there by an interpretation. That is what Greg
is saying.
JOE LIZEWSKI: The Planning Board getting involved in the ZBA, unless
it is an interpretation of law, and not a matter of..in this case. I am
just curious if that is becoming a new. policy in this town.
COUNCILMAN ROMANELLI: I think the reason was for an interpretation of
the law. I think that is why the .Planning Board 'felt they should go to the
ZBA, an interpretation of an accessory use to a restaurant. Is a bar an
accessory use, or is it a bart I think that is:where the whole controversy
came from. '
JOE LIZEWSKI: The Building Department deeded it was okay, right?
COUNCILMAN ROMANELLI: You are ~orrect on that. That is right.
COUNCILWOMAN HUSSIE: Your question is~ is this a Board decision that
has to go to the ZBA, or is it an individual decision?
JOE LIZEWSKI: The way it is written in the newspaper it sounds like the
site plan reviewer was making the decision. I want to know if that is a
new policy in town?
SUPERVISOR COCHRAN: I don't know if he made the decision, Joe. You
have me at a disadvantage, but in my mind that is not his privilege to do it.
JOE LIZEWSKI: Does he have the power?
SUPERVISOR COCHRAN: Not as far as I am concerned.
JOE LIZEWSKI: The article I saw said it was written and signed by Bob
Kassner.
SUPERVISOR COCHRAN: It should come from the Planning Board. We will
check on it.
TOWN ATTORNEY YAKABOSKI: Joe, also, if you want, tomorrow if you
want to stop by I have a copy of the law. The method you mentioned of
reaching the ZBA, the Building Inspector turns down .an application, and
the applicant has the right to appeal a disapproval, or any order, stop
work order, anything from the Building Inspector up to the ZBA. That ~s
one method in our Code. There are other methods by which a decision of
the BUilding Inspector can be challenged, or interpretation of the Code can
be sought.
JOE LIZEWSKI: This letter I have was signed by Bob Kassner, and I
just wanted to know if Bob Kassner is making these decisions.
SUPERVISOR COCHRAN: It is not his decision to make, and we will check
on it. I will communicate with the Chairman of the Planning Board. May I
have a copy of it, please? Thank you, Joe. Anyone else like to address
the Town Board?
HANK KUHN: Hank Kuhn, Laurel. I missed a few of the last meetings,
so I apologize if you have covered this topic, but in, I guess it was,
October, the Coast Cuard sent a letter to the Town concerning the bridge
in Brush's Creek, and they had a ninety day response, and I was
wondering whether the Town has responded, or how it responded, or what
it's done?'
SUPERVISOR COCHRAN: We have gone back and forth with the Coast
Guard. They want a new bridge, so the Town Board will be discussing it,
and looking at that direction. It was discussed briefly this morning, and
some recommendations were to begin lawsuits in different directions.
Nothing has been firmly decided. It will be discussed at the next Work
Session again what direction we are going to go as a town. It is going to
be another million dollars, which we certainly don~t have, so we have to
find someone that is responsible, and someone certainly was for the
construction, the: engineerin[j. That is where it is right now. Yes, it is
ongoing, and the Coast Guard is getting tough. The Coast Guard is
getting very tough. They want a new bridge. So, we have a problem.
HANK KUHN: When do you expect to resolve tills?
SUPERVISOR COCHRAN: Certainly it will be on next week's agenda to
discuss. The last, I believe, that Jim McMahon had communication with the
Coast Guard was just yesterday. I will be calling Congressman Forbes,
since the Coast Guard's involvement came as a result of his questioning and
it would be darn nice if the .Federal government could supply the money,
also, to replace the bridge. Anyone else like to address the Town Board?
Joe Gold?
JOE GOLD: Joe Gold, Southold. I didn't ceme in on the electric resolution
#11 before the meeting. It did seem to me :it was passed on, and then
moved on. I can't find the words to express my outrage as a citizen as to
what is geJng on here. To say that you can't pass this resolution, because
we don't have a plan, when you are the people responsible to product the
81 FEBRUARY 2, 1999 SOUTHOLD'TOWN BOARD
plan, is nonsense. This thing has been laying, around, the report from the
consultant has been laying around since May. If you need a plan, produce
one. To use legalities to say, we can't do this, we can't do that, that is
not what you hire attorneys for. You hire attorneys to find out the way
things can be done, .not to come up with roadblocks that prove they can't
be done. I think a great disservice has been done tonight.
SUPERVISOR COCHRAN:
address the Town Board?
Thank you, Mr. Gold.
Anyone else like to
DOROTHY WOLF: Dorothy Wolf, Southold. Very briefly I want to address
the question of the town pool. Now, I don't attend all the Board meetings.
I attend them in the best possible way from my sofa watching TV. I am
aware of certain people, who addressed the Board who feel passionately
about the pool in Greenport, the Y pool. Now, we don't know anything
about that pool. We don't know how it has progressed. What is
happening? There is a twist of irony here, beCause the people who tout
that pool, who think it is the greatest thing since chopped liver, are the
very people who fought, and were very instrumental in defeating a Y pool
in the heart of Southold, but I am not concerned with a Y pool. I am not
concerned with two pools, and where. I am concerned about a pool. I think
it would be very important, a good stroke for the Board to set up an
informational meeting in the town, so that we could learn about the 'TOwn's
plan, or anyone else who has a plan for a pool. I think there is a lot of
misinformation, and there is no information, so I would be delighted to have
that kind of meeting to go to.
SUPERVISOR COCHRAN: Thank you, Dot. ~Anyone else like to address
the Town Board?
BILL LIEBLEIN: Bill Lieblein, Southold Port of Egypt. I couldn't have
said it any better than Mr. Gold here. I don't come to very many meetings,
but I knew there was going to be a vote on this electric tonight, and I
can't for the life of me see why three people were so emphatically voting,
no, especially the intonation in your voice when you voted, no, because
you don~t want the consultant to get half of the money, we save in ten
years, as Mrs. Hussie said, or what, it is inconceivable to me that we
wouldn't look for cheaper power. Again, as a business man I spend a lot of
money on electricity, and the people who are lower on the chain could
probably stand to save the money more than those higher in the chain. Are
we allowed to ask why you voted, no?
SUPERVISOR COCHRAN:
we are on Friday night.
Town Board?
We did that earlier. Friday night at the Legion,
It is accepted. Anyone else like to address the
DAVE CICHANOWlCZ: Dave Cichanowicz, Southold. Just te reiterate the
same comment about the electric. It just makes no sense to me, as a local
resident, businessman, why in God's name you don't take just a little time,
and look at it. What is the damage? It's got to be a possibility that you
can look into saving some money for the overall community, and for you
just to lightly just say, no, to it without even looking into it further.
Maybe I don~t know all the facts, whatever, and I am sure you have a
million excuses as to why you don~t. You haven't proved anything to me. I
don~t think you are doing a very good job for .the community.
SUPERVISOR COCHRAN: Thank you, Dave. Anyone else like to address
the Town Board?
JOHN DIVELLO: John Divello, Mattituck. !. just wanted to express my
opinion in favor of inexpensive.eleCt~iclty rates.
SUPERVISOR COCHRAN: I think we all support that, John. Anyone else
like to address the ToWn Board?
SOUTHOLD TO~'N BOARD
STEVE PERRICONE: My name is Steve Perricone. I, also, don't
understand why the Town Board didn't approve cheaper electric rates in
the town, especially since we have so many senior citizens, who probably
could use the break in the electric rate. I will give you a little scenario,
if you don't know .how much electric rates are effecting the business
community. I used to own a restaurant in Mattituck, a little pizza place.
Every month my electric bill was $;I,850. It sounds like a lot, doesn't it?
Let me put it in another prospective. That is over 350 .pizzas a month, that
I have to sell. I don% know why you voted against it, but maybe you
should rethink this, and bring it up again, and do the community some
good, see if you can'.t get cheaper rates. Unless everybody !s quoting Mr.
~uomo .who is building the largest fuel burning plant in the United
States, probably going to sell electric to LIPA.
SLJP Let's see if there is anyone else who would like
to and then the Board will have the opportunity to make
comments, as we close the meeting.
JOHN NICKLES, JR.: My name John Nickles, Jr., Southold. I just
wanted to reiterate what has been said. I don't think that any of us are
beholding enough to LIPA, or formerly LILCO, that we wouldn't look
into this a little bit further.
SUPERVISOR COCHRAN: Thank you, John. Anyone else like to address
the Town Board? (No response.) If not, I will call on comments from the
Town Board starting on my left with John Romanelli. Anything you want to
say, John?
COUNCILMAN ROMANELLI: Enough has been said tonight. I will let it go.
SUPERVISOR COCHRAN: Alice? Bill?
COUNCILMAN MOORE: I think I made my comments before. Not to be
misunderstood, know anything don't continue to look at it. What was
presented to this Board to act upon tonight in my opinion was not complete.
It had to be given to the voters then to vote upon, and what we had here
presently wasn't complete. What we had from our consultants in May is not
what we were looking at doing now. What we have in front of us now, in
my opinion, is not complete, which is not to say, I said it before, we all
pay this utility rate, every one would like to see it go down. It doesn't
mean we are not going to stop looking at it. Unfortunately, in my opinion,
it wash% ready for this action tonight. That why I voted as I did.
SUPERVISOR COCHRAN: Brian?
COUNCILMAN MURPHY: I voted?for these resolutions for the reason that I
felt that the resolution as written was proper, as we had modeled it after
the Suffolk County resolution of many years ago. It was never challenged,
and Suffolk County is now wheeling power through to some of the major
industries, a few of them, within Suffolk County, and I felt that this is an
opportunity for us to look at this avenue of bringing cheap electric to
Southold, whether it would works or not, I can't tell you at this point, but
it would have given us a good opportunity to look at it to see what we
could have done. That is why I cast my vote as I did.
SUPERVISOR COCHRAN: Louisa?
JUSTICE EVANS: Bill basically said what I wanted to say is that I don't
think anyone on this Town Board did not want to look into cheaper electric
rates. We are all for that. I, also, agree with Bill that what we had before
us today is not what,we had before us before. It is something new, and
needs further research, and more details.
0 FEBRUARY 2, 1999 SOUTHOLD TOWN BOARD
SUPERVISOR COCHRAN: I would like to, also add, that this was put on
this past week as a resolution to the Town Board. It came to us without a
plan. It came to us without the oppOrtunity. We discussed it this morning,
yes. I called on the Board for a compromise to hold it for two weeks, so
that we could look at' 'it further. We could figure out maybe a cost. We
could figure out. . administration certainly is going to cost us something.
So, I think it is unfair to say that we should have been here with a plan.
We have had it less than a week to digest, to look at, a~nd it came to the
Board without a plan. May '1 have a motion to 'adjourn?
Moved by Councilman Moore, seconded by Supervisor Cochran, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at
8:5u, 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.
Elizabeth A. Neville('
Southold Town Clerk