HomeMy WebLinkAboutTB-12/07/1999 SOUTltOLD TOWN BOARD
DECEMBER 7, 1000
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on December 7, 1999, at the
Southold Town Hall, Ma'm Road, Southold, New York. Supervisor Cochran opened the meeting
at 7:30 P.M. with the Pledge of Allegiunce of the Flag.
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 we have a moment of silence in remembrance of December
7th?. Thank you. May I have a motion to approve the audit of bills for December 7, 1999.9
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town
bills in the amount of $245,931,70; General Fund Part Town bills in the amount of $15,663.36;
Community Development Fund bills in the amount of $13,547.00; Highway Fund Whole Town
bills in the amount of $9,845~31; Highway Fund Part Town bills in the amount of $65,052.83;
CHIPS Highway Part Town bills in the amount of $27,725.50; Capital Projects Account bills in
the amount of $30,980.00; Landfill Cap & Closure bills in the amount of $950.00; Computer
System Upgrade bills in the amount of $5,889.02; Employee Health Benefit Plan bills in the
amount of $53,573.90; Fishers Island Ferry District bills in the amount of $15,770.51; Refuse
and Garbage District bills in the amount of $17,570.54; Southold Wastewater District bills in the
amount of $12,251.57; Fishers Island Ferry District Agency and Trust bills in the amount of
$730.56.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
SUPERVISOR COCHRAN: Approval of minutes of November 23, 19997
Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the November 23, 1999, Town Board meeting be and hereby
are approved.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the next Town Board meeting will be held at 4:30 P.M., Tuesday, December
21, 1999, at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Mushy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
I. REPORTS.
SUPERVISOR COCHRAN: As you know each month the Town Board receives Reports from
the different departments and committees. They are on file with the Town Clerk. They are public
information. If you so des/re they are available.
Island Group Administration Claim Lag Report through October 1999.
Southold Town Justice Bruer's Monthly Court Report for November 1999.
Southold Town Scavenger Waste Treatment Facility Monthly Report of
November 1999.
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II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: We have several Public Notices. One is in relation to disposal at
Sterling Basin, Shelter Island with written comments by December 29, 1999, and the second one
is' with the Corp of Engineers for maintenance and beach nourishment at Hall's Creek, Great
Peconic Bay, Mattituck, and the comments by December 29m.
Corp of Army Engineer, New York District, application of Jaap Hilbrand to
dredge with ten years maintenance and upland disposal at Sterling Basin, Shelter
Island Sound, Village of Greenport, Town of Southold. Written comments to be
received by December 19, 1999.
Corp of Army Engineer, New York District, application of Neil McGoldrick to
dredge with ten maintenance and beach nourishment at Halls Creek, Great
Peconic Bay, Mattituck, Town of Southold. Written comments to be received by
December 29, 1999.
III COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, there was a thank you to the Supervisor for
taking part in a panel of women in the Economic Developers of Long Island.
Women Economic Developers of Long Island thanking Supervisor Cochran for
participating in Legislative Breakfast.
IV PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know there is a Town Board policy, that in relation to any
of the resolutions that are on your agenda you have the opportunity to address the Town Board
prior to the passage of these resolutions, and at this time I will ask if anyone would like to
address the Board in relation to any of the resolutions on tonight's agenda. (No response.)
Hearing none, we will proceed with the passage. Number one?
1.-Moved by Justice Evans, seconded by Councilman Romanelli, k was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Procomm
Systems, Inc. for upgrade and construction of the police communications center in the amount of
$120,000.00, and carpeting in the amount of $2,150.00, all in accordance with bid specifications
and the approval of the Town Attorney.
1 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
2, - Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Robert H.
Chilton for the Sale and Removal of One (1) Used Office/Construction Trailer at the Trailer at
the Highway Department, Peconic, New York, in the amount 0£$833.00.
2.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
3.- Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Justices
to submit a grant application to the State of New York Unified Court System under the Justice
Court Assistance Program in the "amount of $15,000.00 to assist in the purchase of a new
photocopy machine and new computer software program.
3.-Vote of the Town Board: AyeS~ Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
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-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the ToWn of Southold hereby approves the revised amount
of $339,100.00 with a 6% administration fee in the amount of $20,346.00 for a bond for roads
and improvements in the major subdivision of Wildberry Fields at Southold, all in accordance
with the approval of the Southold, all in accordance with the approval of the Southold Town
Planning Board and Engineering Inspector James A. Richter.
4,-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
5. -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. 1010.4.600.600 Town Board, Subscriptions
To:
A. 1010.4.600.100 Town Board, Legal Notices
From:
A. 1010.4.600.300 Town Board, Travel Expenses
5.-Vote of the Town Board:
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
$ 119.00
$1,000.00
$1,119.00
Ayes: Councilman Murphy, Councilman Romanelli, Councilman
-Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby designates the following
banks as depositories for the Tax Receiver's Accounts, with collateral for cash balances in the
amount of $5,000,000.00 each:
Bridgehampton Bank, Southold, New York
North Fork Bank, Southold, New York
Suffolk County National Bank, Cutchogue, New York
6.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
7.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Annette
Jordan, Accounting Office Clerk and Barbara Rudder, Administrative Assistant to attend the
MBIA Municipal Investors Service Corporation "New York Participant Meeting and Luncheon",
on Thursday, December 9, 1999, at Villa Lombardi's, Holbrook, New York, and travel expense
shall be a charge against the Accounting Department 1999 budget.
7.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 1999
General Fund Whole Town Budget as follows:
To:
A. 1310.2.100.200 Accounting & Finance, Equipment
Furniture & Furnishings
Desks, tables, etc.
From:
A. 1310.1.100.200
$ 2,000.00
Accounting & Finance; Personal Services
Full Time Employees
Overtime Earnings $ 2,000.00
.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
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9. - Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean
W. Cochran to execute any and all necessary documents relating to the addendum to the
Agreement for Engineering Design and Construction Observation Services for Closure of the
Southold Town Landfill dated March 3, 1999 with Dvirka & Bartilucci, Consulting Engineers.
9.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
10.- Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Southold Town
Clerk Elizabeth A. Neville to advertise for bids to construct a roller hockey rink at Peconic Lane
Park, Peconic, New York in accordance with the plans and specifications prepared by Town
Engineer James Richter.
10.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
11 .- Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Southold Town Clerk to advertise for a School Crossing Guard for the Cutchogue School area.
11 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
2.- Moved by Councilman Romanelli, seconded by Justice Evans,
WI-IEREAS, the Board of Commissioners of the Fishers Island Ferry District, as a part of the
New London Terminal Project, needs to execute a license agreement with the National Railroad
Passenger Corporation (NRPC) for the installation of an 8" diameter iron pipe beneath the tracks
at State Street in New London, Connecticut for the future purpose of carrying a 2'-3' sewer
pressure discharge line; and
WHEREAS, authorization by public authority is required to apply to NRPC for the license
agreement; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of
Commissioners of the Fishers Island Ferry District to make application to the National Railroad
Passenger Corporation (NRPC) for the License Agreement for the New London Terminal
Project.
2.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
3. - Moved by Councilman Romanelh, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town
Clerk Elizabeth Neville to advertise for Matrons for the Southold Town Police Department.
3.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
Moved by Councilwoman Hussie, seconded by Justice Evans,
WHEREAS, Stephen King, contract vendee on property owned by Harvey Bagshaw, SCTM
#1000-122-3-6, by application dated October 15, 1999, petitioned the Town Board of the Town
of Southold for a change of zone on certain property located at south side of 11500 Main Road,
Mattituck, New York, from Residential R-40 District to General Business (B) District; and
WltEREAS, the Southold Town Planning Board and the Suffolk County Department of
Planning h~/ve prepared official repoi-ts .and recommendations on the aforesaid petition; now,
therefore, b{ it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, January 4, 2000, Southold
Town Hall, 53095 Main ROad, South01d, New York as time and place for a public heating on the
petition of~Stephen King for a change of zone, at which time all interested persons will be given
an opportm!j'ty to be heard; and be it
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FURTHER RESOLVED that the Town Clerk be and hereby is authorized and directed to cause
notice of said hearing to be published .in the official newspaper pursuant to the requirements of
law.
Vote of the Town Board: Ayes: Cotlncilman Murphy, Councilman Romanelli, Justice Evans,
Cbancilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore.
This resolution was ADOPTED.;
15.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Carol Piechnik as a
part-time year round clerk in the Office of the Receiver of Taxes, to work 17 ½ hours per week,
at a salary of $7.20 per hour, effective December 13, 1999.
15.7Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
16.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Sonia Polak as a
part-time clerk in the Office of the Receiver of Taxes, effective December 20, 1999, for
approximately 10 to 12 weeks, at a.salary of $7.20 per hour.
16.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
17. - Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Bo~ird of the Town of Southold hereby directs the Town Clerk to
reject any and all bids received on November 12, 1999 for the Construction of a Salt/Sand
Storage Facility at the Southold TOwn Highway Department; and be it
FURTHER RESOLVED that the Town Clerk be authorized and dkected to re-advertise for
bids for the Construction of a Salt/Sand Storage Facility at the Southold Town Highway
Department.
17.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hu~sie, Supervisor Cochran:
This resolution was ADOPTED.
111. - Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town
Clerk Elizabeth A. Neville to advertis6 for secretarial services for the Architectural Review
Committee.
18.-Vote of the Town Board: Ayes: Cofincilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
19.- Moved by Councilwoman Hussie; seconded by Justice Evans, it was
RESOLVED .that the Town Board of the Town of Southold hereby reappoints the following
members to the Architectural Review Committee for a three (3) year term of office, effective
October 17, 1999 through October 17, 200,2:
Robert Brown - Member
Robert Keith- Hamlet Member, Mattituck/Laurel
Herbert Ernest- Hamlet Member, Southold/Peconic
Bernadette Walsh - Hamlet Member, Fishers Island
19.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED. ,
Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was
RESOLV~ that the Town Board of the Town of Southold authorizes and directs Supervisor
Cochran to. execute an inte~municipal agreement with the .Town of Huntington to receive
approximately 6,000 to 10,000 cubic yards of dredged fill from Hecksher pond suitable for
landfill closhag purposes at a cost of $6.00 per cubic .yard to be paid to the Town of Huntington
all in accordance with the approval of the Town Attorney.
20.--
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20.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans,' Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
21. -Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Venetia
McKeighan, Director of Human Resources to reply to the request for proposal to the New York
State Office of Children and Family Services by applying for a grant application in the amount of
$15,000.00 due by December 15, 1999; and be it
FURTItER RESOLVED that Supervisor Cochran is authorized to execute any necessary
documents in connection with such application.
21 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie,. Supervisor Cochran.
This resolution was ADOPTED.
22.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Andrew B.
McCaffery to the position of Public Safety Dispatcher I, from the
Suffolk County Civil Service Certification List of Eligibles, effective December 7, 1999.
22.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
23. -Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board Of the Town of Southold hereby authorizes a refund in the
amount of $250.00 to Glenn and Therese Davis for a filing fee for an interpretation with regard
to a building permit.
23.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
2 q ;-Moved by Councilman Moore, seconded:by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the following
individuals to the Southold Town Anti-Bias Task Fome Committee, effective October 30, 1999
through October 30, 2001, they to serve without compensation.
Reverend Marvin Dozier, Chairman
Sabrina Crenshaw
Joseph Mellender
Ruth D. Oliva
Cynthia Kemelos-Smith
Ethel Singleton
2q.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice EvanS, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
SUPERVISOR COCHRAN: That is the end of the proposed resolutions as a result of our day's
work. Before we go into opening it up to anyone in audience who would like to address the
Town Board, Greg, I would like you to report on the status of the Cross Sound Ferry lawsuit, and
what information we received today. Very briefly, so it is in the record, please.
TOWN ATTORNEY YAKABOSKI: The action, which was the Cross Sound against the Town
of Southold, Town Board and the Planning Board, the base of the Cross Sound challenge was the
constitutionality of 100-250. There was a decision on Monday. We received a copy of the
decision today. Justice Dun_n, Supreme COurt found that 100-250 of the Code of the Town of
Southold is not impermissibly vague as to be unconstitutional on it's face; and the Town of
Southold has the right to require Cross Sound Ferry to submit a site plan in connection with its
introduction of a passenger-only ferry service. Also that 100-253 of the Code of the Town of
Southold, as amended to authorize the Planning Board to determine whether a site plan or
amendment ~ereto is required, is invalid in that the Town Board has no power to delegate such
authority. There was also a second decision where part of the SEQRA in the Cross Sound
against the Planning Board, the Cross Sound had challenged a Positive Declaration of the .
12/7/99 7
SEQRA, and also Cross Sound had challenged the scope out adopted by the Town Board, excuse
me, by the Planning Board. Those actions were dismissed by the Court. After they were
dismissed Cross Sound made a motion to reargue both those matters, and the Court rejected both
o.fthose motions to reargue. So, as it stands the SEQRA and scope out are valid.
SUPERVISOR COCHRAN: I would just like to add, although the Courts have instructed for
Cross Sound to present a site plan they have already been in working with the Planning Board, so
it is a positive at this point. If there is anyone that would like to address the Town Board on any
given topic we would be very happy to entertain your comments now, Mr. Williams.
JACK WILLIAMS: Jack Williams from East Marion. At the last meeting of the Town Board
somewhat late in the day I remember that the Supervisor announced that she was inviting the five
Supervisors of the East End towns, and several of the members of the Legislative delegation to a
meeting about Plum Island. I haven't heard anything further about that. There was no discussion
about it as far as I know today. Would you care to bring us up to date on that?
SUPERVISOR COCHRAN: If you would like to get an agenda from my office in relation to the
East End Supervisors and Mayors ineetings, that is where I said I was going to take the issue of
Plum Island, and some of the things we have to be alert to. So, at this time the meeting is the
15th. I believe it is this week that 'I will be meeting with the East End Supervisors and Mayors,
and then we will setting a meeting for the entire East End, not just Southold. Jack, I have had
people calling and asking to serve on the committee, also.
JACK WILLIAMS: Did I misunderstand that you were going to invite everyone to a meeting,
and this was an initiative on your part, that was announced at the last meeting?
SUPERVISOR COCHRAN: And it still is. I said I would be presenting it to the East End
Supervisors and Mayors first, and going from there. Okay? That meeting hasn't happened. It
happens next.week. After I meet with them, and get their input in relation to whom else.
JACK WILLIAMS: I am sure that is what you are going to do. It is just that I don't recall your
having said that you are going to do it under that process.
SUPERVISOR COCHRAN: Check the minutes but I believe that is what I said. The meeting
will happen this week, and then we will go from there. It has not been forgotten, nor is it out of
mind. Anyone else like to address the Town Board? (No response.) If not, I will entertain any
comments from the Town Board. Anyone have anything to report? (No response.) If not, I will
entertain a motion to adjourn.
Moved by Councilman Moore, seconded by Councilman Murphy, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 7:40 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED2
Elizabeth A. Neville
louthold Town Clerk