HomeMy WebLinkAboutTB-12/21/1999 ELIZABETH A~ NEV~.T.E
TOWN C T .F. RK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516; 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
SOUTHOLD TOWN BOARD
DECEMBER 21, 1999
WORK SESSION:
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.
9:00 A.M. - Appointment - Bennett Oflowski, Chairman, ' Planning Board for update on Cross
Sound Ferry litigation case. Councilwoman Alice Hussie asked who the lead agency is, the Planning
Board or the Town Board? Chairman Oflowski answered that the Town Board is. Councilwoman
Hussie asked why the Town Board has not been kept abreast of what is happening. Chairman
Oflowski answered that they have always answered everything that has been asked of them. The
suit was brought about by the Town Board at the request of the Planning Board. The Planning
Board has always wanted a site plan. The judge made his decision last week and said to them "you
have to do a site plan". Initially, the Planning Board tried to file an injunction to stop the high-
speed ferry. The judge said right off "it is never going to happen", and it didn't. Councilwoman
Hussie kept questioning and said that she didn't understand. Councilman Brian Murphy said that
the said that the Town won the case. It is over. Now, ~we are waiting for them to give us a site plan.
Councilwoman Hussie asked about parking. Cross Sound Ferry has given two plans, parking by
code and also with assisted parking. Both will have to be thoroughly reviewed before before any
decisions are made. Justice Evans asked about the environmental review process and SEQRA.
Cha'mnan Orlowski said that it will be amended and they will have to go through the entire process.
9:15 A.M. - Appointment - Mr. Joseph Baier and Mr. Vito Minei of the Suffolk County Health
Department appeared at the work session at the Town Board's request. Mr. Baier stated that they
have been discussing filter districts for the property surrounding the landfill for some time.
Supervisor Cochran stated her opimon that she feels that everyone has a right to good water.
Contamination of the wells on the surrounding properties was discovered several years ago and
Suffolk County placed a moratorium on development. The Suffolk County Water Authority would
not install the water mains because the area is so small and the installation cost of $1.2 million is so
high. The alternative would be for the Town to creme the district and contract it out to the SCWA.
The Town could establish the boundaries for the district, then hire a private company such as GNS
or the county to do the testing. The purpose of this district would be to ensure that the water is
treated properly and tested correctly. It would cost a homeowner $3,000.00 for installing .a water
system on their own and public water means a $3,000.00 fee to the Suffolk County Water Authority,
plus $800.00 to tap into the line, plus regular water .fees. Mr. Baier said that you could do this
without anyone's approval, except after you do the economics you would ultimately need the
approval of the New York State Comptrollers Office. Councilwoman Hussie once again brought up
the subject of ownership of groundwater and the possibility of selling fights or refusing access to it.
Mr. Baier stated that groundwater moves, it is not stationery. What is good today, may not be good
tomorrow. Chairman Orlowski advised that they have a water management study out there which is
being reviewed by Nelson, Pope, & Voohris Consultants. They are looking to draw the map up and
have it ready for possibly the next meeting or within the early part of the year. Mr. Baier advised
that he will be retiring soon and Vito Mineo will be filling his position. Supervisor Cochran will
meet with Vito Minei in. the near furore to discuss the possibility of water and/or filter districts.
9:50 A.M. - The Town Board reviewed IV.. For Discussion Items. IV. 1. North Fork Bank Park.
Mattituck Chamber of Commerce Treasurer George Solomon is making a request to work together.
Supervisor Cochran has instructed the Town Attorney m check into a lease agreement in lieu of
taxes option. Assessor Chairman Scott Russell will be asked for information on taxes. Justice
Louisa Evans said that everything that we lease is for parking lot purposes. Supervisor Cochran
stated that may be sO, however, we are going to look into working out a parmership on this project.
The Mattituck Chamber of Commerce and the North Fork Bank will be invited to the next work
session. IV. 2. Landmark Preservation Law. (See Resolution No. 20 setting a date for the public
hearing.) IV. 3. Establish Capital Budget for Police Communications Center. Comptroller John
Cushman appeared before the Town Board to advise that the first step is for the Chief of Police to
make a transfer from the General Fund to the Capital Fund. Mr. Cushman will call him to advise
him (Resolution No: !8 was plaCed on the agenda.) IV. 4, Fishers Island Harbor Management
Plan. (S~ ReSolutionN0~ 21 Retting a date fc~r the l~ublic hearing.)
10:I2 A.M. The Towr} Board reviewed the resolution numbers 1 through 21 to be voted upon at the
regular meeting. Councillnan Romaneili Stated that with regard to resolution no. 19 authorizing the
Town Clerk tO advertise for bids for Scavenger waste removal and transport, Electro Environmental
would like a letter authorizing them to continue to provide service until such time as the bidding
Process is completed, The' Town Attorney will prepare such letter.
On motion by Councilman John Romanelli, seconded by Justice Louisa Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at
10:21 A.M. for the purpose of discussing Contracts re: Fishers Island Ferry District; Landfall;
Bids; Insurance Proposals; Stephen King change of zone. Litigation re: NYS DEC oil spill;
Terp. Acquisition/Conveyance of Real Property..
The Town Board recessed for lunch at 12:10 P.M.
1:12 P.M. - The Town Board reconvened their Executive Session and continued discussion of the
foregoing items of business.
2:20 Executive and Work Session ended.
Resolution numbers 22 through 25 were placed on the agenda as a result of the Executive
Session.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on December 21, !999; at the
Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the
meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag.
Present: Supervisor Jean W. Cochrau
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 for December 21,
19997
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund
Whole Town bills in the amount of $144,764.92; General Fund Part Town bills in the
amount of $4,141,76; Communi .ty Development Fund bills in the amount of $125.00;
Highway Fund Whole Town bills in the amount of $3,715.10; Highway Fund Part Town
bills in the amount orS11,433.29; Capital Projects Account bills in the amount of $27.97;
Landfill Cap & Closure bills in the amount of $13;831.37; Open Space Capital Fund bills
in the amount of $2,220.00; Community Pres Fund (2% tax) bills in the amount of
$103,790.00; Computer System Upgrade bills in the amount of $15,226.00; Fishers
Island Ferry District bills in the amount of $56,257.76; Refuse and Garbage District bills
in the amount of $41,900.48; Southold Wastewater District bills in the amount of
$5,384.46; Fishers Island Sewer District bills in the amount of $634.92; Southold Agency
and Trust bills in the amount of $9,492.08; Fishers Island Ferry District Agency & Trust
bills in the amount of $254.15.
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 the minutes of December 7, 1999, Town Board
meeting.
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the December 21, 1999, Town Board meeting be and
hereby are approved.
Vote ofthe Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans,
Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
SUPERVISOR COCHRAN: A resolution to set the Town Board Organizational Meeting
for Monday, January 3, 2000 at 1:00 P.M.
Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Organizational Meeting of the Southold Town Board will be held
at 1:00 P.M., Monday, January 3, 2000, 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 ADOPTED.
SUPERVISOR COCHRAN: The next regular Town Board meeting is scheduled for
Tuesday, January 4, 2000, at 7:30 P.M.
Moved by Justice Evans, seconded by Councilman Mmphy, it is
RESOLVED that the next meeting of the Southold Town Board will be held at 7:30
P.M., Tuesday, January 14, 2000, at 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 ADOPTED.
12/21/99 2
I. REPORTS.
SUPERVISOR COCHRAN: As you know Town departments and Town committees are
responsible for reports to the Town Board. We receive these reports from the different
departments each month. They are on file with the Town Clerk's Office. They are public
information. If there is something that would like to have more information on, please,
feel free.
1. South01d Town Justice Price Monthly Court Report for November 1999.
2. Southold Town Justice Evans' Monthly Court Report for November 1999.
3. Southold Town Trustee's Monthly Report for November 1999.
4. Southold Town Recreation Department Monthly Report for November 1999.
5. Southold Town Program for the Disabled for November 1999 Events.
II.PUBLIC NOTICES
SUPERVISOR COCHRAN: Public Notices, as you may notice there is a new light
blinking up in Mattituck on the comer by the ice cream place, and when a new traffic
light is installed it usually goes for a week and a half, two weeks, just with the blinker to
get people accustomed to the new visual, and then it will become a stop light, which we
are delighted finally it is here.
NYS Department of Transportation, Notice of Order to restrict left tums by
eastbound Route 25 traffic at the two westernmost driveways to the Mattituck
Shopping Center.
IH. COMMUNICATIONS. None.
SUPERVISOR COCHRAN: There is nothing under communications.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has its Work Session on the
day of the meethag. As a result of that, and business that comes in every two weeks we
have resolutions that must be acted upon to allow the Town Board to make its decisions.
We have a policy before the resolutions are adopted we invite anyone from the
community to express themselves, or any input, or questions they may have in relation to
the resolutions. At the end of the resolutions we also have a period of time where people
fi:om the community can present any infom;ation they have, or would like to share with
the Town Board on Town business. So, at this time is there anyone that would like to
address the Town BOard in relation to any of the resolutions we will be acting upon? Mr.
Williams?
JACK WILLIAMS: Jack Williams from East Marion on Resolution #24. Ithas been my
understanding that the Town was essentially self-insured. Does this resolution represent a
change in policy?
SUPERVISOR COCHRAN: Jack, we are self-insured on medical. The Police
Department is still under the Empire Plan, but the rest of the Town employees are self-
insured under medical. This is our insurance for liability and this insurance coverage that
the Town needs in different areas. So, I felt it was time. We hadn't gone out for bids for
the last couple of years to the different insurance companies, so I believe between nine
and eleven bid packages were sent out, received quotes, and these people quite a
difference in the amount of money that we were paying, and what Roy Reeve put through
with some better coverage, so the Board is selecting.
JACK WILLIAMS: I take it you had a consultant who worked with you on analyzing
those bids?
12/21/99 3
SUPERVISOR COCHRAN: John Cushman handles the insurance for the Town, as does
Bill Mullen, who was in the business, and he came to the Town, I am going to say, twelve
or fourteen years ago, and offered his services. Through the years he has saved the Town
a great deal of money through reviewing our insurance, and all claims are sent to him to
review, and so forth, so he has been an asset, There were some years where he was paid
a ngminal amount for the service, but in the last few years, three or four years, he is again
just giwng John the support, and reviewing everything for us at no charge, so we are very
fortunate to have Mr. Mullen with us.
JACK WILLIAMS: So, the Reeves bid was, m a sense, low bid.
SUPERVISOR COCHRAN: With the best coverage, yes. Anyone else like to address
the Town Board on any of the resolutions? (No response.) If not, we will begin the
adoption.
l.-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 sign an Agreement between the County of Suffolk and the Town of
Southold for the 2000 Southold Youth Services Program Grant, subject to 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 Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Jean W. Cochran to execute an agreement with the following
individuals for the winter 2000 recreation programs, all in accordance with the approval
of the Town Attorney.
Lisa Baglivi (drawing) .................................................................. $25/hour _
Carol Benson (country Western line dancing) .........................$40/class
Carla Blasko (computers) ................................................ $25/hour
Thomas Boucher (guitar) ............................................................... $20/hour
Eugenia Cherouski (folk dancing) ................................................... $20/hour
East End Insurance Services (Defensive Driving) ............................ $30/person
Bob Fisher (computers) ................................................................. $25/hour
Carol Giordano (Baton) ................................................................... $20/class
Hidden Lake Farms (Horseback Riding) ........... .} ............................ $165/person
Rosemary M ~artilotta (hatha yoga) ....................................... $50/class
Mattituck Lanes (Bowling) .............................................................. $32/person
Jim Mikelbank (youth basketball) ....................................... $20/hour
Network Media Resources (computer classes) ............................... $25/hour
Theresa Pressler (youth program) ................................................ $20/hour
Martha Prince (Aerobics) ............................................................... $20/hour
Peter Torrey (financial management) .................................... ~. ........ $20/person
US Coast Guard Auxiliary Flotilla 18-8 (boating) .......................... $25/person
Yola Van Huele (ballroom dancing/ow ballroom) ............................ $25/hour
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 Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Town Clerk Elizabeth Neville to advertise for Seasonal Police Officers for the
2000 sUmmer season for the Southold Town Police Department.
3.-Vote of the Town Board: Ayes: Councilman' Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Coehran.
This resolution was ADOPTED.
12/21/99 4
/~.-Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Town Clerk Ehzabeth Neville to advertise for Traffic Control Officers for the
2000 summer season for the Southold Town Police Department.
rt.-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 Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Police
Division 1999 budget as follows:
To:
A.3120.4.100.900 Miscellaneous Supplies $1,050.00
From:
A. 3120.4.500.250 Defibrillators $1,050.00
5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
6.-Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Police
Division 1999 budget as follows:
To:
A.3120.4.400.600 Radio Equipment Maintenance & Repairs $ 300.00
From:
A.3120.2.300.100 Automobiles $ 300.00
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 Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Public
Safety Communications 1999 budget as follows:
To:
Radio Equipment $ 500.00
A.3020.4.400.600
From:
A.3120.2.300.100
7.-Vote of the Town
Automobiles $ 500.00
Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
8. -Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Public
Safety Communications 1999 budget as follows:
To:
Law Book Service $ 322.64
A.3120.4.100.125
From:
A.3120.4.100.100
8.-Vote of the Town
Office Supplies and Station $ 322.64
Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supermsor Cochran.
This resolution was 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 all necessary agreements to secure the New York State
Department of Agriculture and Markets Farmland Protection Implementation Grant. This
grant is identified by Contract Number C800510 in the amount of $500,000.00 and the
contract period runs from April 6, 1.999 through March 31, 2001, all in accordance with
the approval of the Town Attorney.
9.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supermsor Cochran.
This resolution was ADOPTED.
12/21/99 5
10. -Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Gershow Recycling Corp to pay the Town of Southold $45.41 per ton (removal by
contractor) and $51.51 per ton (delivered to contractor) for the Removal or Acceptance of
all Scrap Metal from the Southold Town Disposal Area for the period December 1, 1999
through November 30, 2000, all in accordance with bid specifications.
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 accepts the bid of
Chemical Pollution Control, for the Removal and Disposal of Household Hazardous
Waste from the Southold Town Collection Center for the calendar year 2000, all in
accordance with hid specifications.
l l.-Vote of the Town:Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore~ Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
12.-Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Police
Division 1999 budget as follows:
To:
A.3120.2.500.400 Radio Equipment $ 950.00
From:
A.3120.2.500.250 Defibrillators $ 950.00
12.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
13. - Moved by Councilwoman Hussie, seconded by Councilman Romanelli,
WItEREAS, the Town Board of the Town of Southold passed a resolution February 24,
1994 establishing a minimum salary base of $20,000 for all newly elected and appointed
officials to be eligible for coverage under the Town of Southold's Employee Health
Benefit Plan therefore; be it
RESOLVED that the Town Board of the Town of Southold hereby amends that
resolution as follows: "a minimum salary base of $20,000 is required for all newly
elected and appointed officials to be eligible for coverage under the Town of Southold's
Employee Health Benefit Plan and in addition, the Town Trustees are eligible for
coverage under the Town of Southold's Employee Health Benefit Plan effective January
1, 2000.
13.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
14.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby declares the
construction of a Prefabricated "Dome Style" Salt Sand Storage Building a TYPE II
Action under SEQRA Rules and Regulations, 6 NYCRR 617.5(c)(7); be it further
RESOLVED that the Town of Southold is the single agency involved and thereby is the
lead agency for SEQRA purposes pursuant to 6 NYCRR 617.(b)(1); be it further
RESOLVED that the Town Board of the Town of Southold is required to complete no
further review for this TYPE II action pursuant to SEQRA Rules and Regulations.
14.~-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
12/21/99 6
5.- Moved by Councilman Romanelli, seconded by Justice Evans,
BOND RESOLUTION OF THE TOWN OF SOUTItOLD, NEW YORK
ADOPTED DECEMBER 21, 1999, AUTHORIZING THE
CONSTRUCTRION OF A SALT STORAGE BUILDING IN THE
HIGHWAY YARD, IN PECONIC, IN SAID TOWN, FOR USE
BY THE TOWN HIGHWAY DEPARTMENT, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $90,000,
APPROPRIATING SAID AMOUNT THEREFORAND
AUTHORIZING THE ISSUANCE OF $90,000 SERIAL BONDS
TO FINANCE SAID .~,J~PROPRIATION
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES Coy 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 construct a salt storage building, including original
furnishings, equipment, machinery or apparatus required for the purpose for which said building is
to be used, in the Highway Yard, Peconic Lane, Peconic, in the Town, for use by the Town
Highway Department. The estimated maximum cost thereof, including preliminary costs and
costs incidental thereto and the financing thereof, is $90,000 and the said amount is hereby
appropriated therefor. The plan of financing includes the issuance of $90,000 serial bonds of the
Town to finance said appropriation and the levy and collection of taxes on all the taxable real
property in the Town to pay the principal of said bonds and the interest thereon as the same shall
become due and payable.
Section 2. Serial bonds of the Town in the principal amount of $90,000 are hereby
authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said
appropriation.
Section 3. The following additional matters are hereby detemfined and declared:
(a) The building to be constructed is of at least Class "B" construction as
defined by Section 11.00 a. 11. (b)'0fthe Law, and the period of probable usefulness of the
specific object or purpose for which said serial l~onds are authorized to be issued, within the
limitations of said Section, is twenty (20) years; however, any bonds issued pursuant to this bond
resolution or any bond anticipation notes issued tn anticipation of the sale of such bonds, shall
mature no later than five (5) years from the original date of'issue of such bonds or any bond
anticipation notes issued in anticipation of the sale of such bonds, pursuant to the applicable
provisions of the Law.
12/21/99 7
(b) The proceeds of the bonds herein authorized, and any bond anticipation
notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures
made after the effective date of this resolution for the purpose 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) Following an examination of the site of the proposed salt storage building and
the plans and specifications for its construction, referred to in Section 1 hereof, this Town Board,
the Lead Agency, does not consider the construction of such building on said site to have any
adverse impact upon the environment and has considered same to be a TYPE II Action pursuant
to the New York State Environmental Quality Review Act ("SEQRA").
(d) 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 52.00 of the Law and said bonds, and any notes issued in
anticipation of said bonds, shall be general obligations of the Town, payable as to both principal
and interest by general tax upon all the taxable real property within the Town without limitation as
to rate or amount. The faith and credit of the T(~wn are hereby irrevocably pledged to the
· punctual payment of the principal of and interest on said bonds, and any notes issued in
anticipation of the sale of said bonds, and provision shall be made annually in the budget of the
Town by appropriation for (a) the amortization and redemption of the bonds and any notes in
anticipation thereof to mature in such year and (b) the payment of interest to be due and payable
in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant
to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with
substantially level or declining annual debt service, 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 to authorizing bond-anticipation
notes and prescribing the terms, fomi and contents and as to the sale and issuance of the bonds
herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the
12/21/99 8
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
Co) the provisions of law whi_ch should be complied with at the date of the
publication of such resOlution, or a summary thereof, are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced'~a,~thin twenty
days after the date of SUch i)ublication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
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 in
substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times", a
newspaper published in Mattituck, New York, in the Town, and hereby designated as the official
Town newspaper for such publication.
15.-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 Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby requests the Suffolk
County Department of Public Works to conduct a traffic survey at the intersection of
Route 48 and Depot Lane in Cutchogue for the purpose of installing a traffic light.
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 Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Carter-Mellence, Inc. for the construction of a Prefabricated "Dome Type" Salt Sand
Storage Building at the Southold Town Highway Department, Peconic, New York in the
amount of $78,333, all in accordance with bid specifications, and subject to the approval
of the plans.
17.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
-Moved by Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
establishment of the following Capital Budget effective immediately:
Capital Project Name: Police Communications Center Upgrade
Financing Method: Transfer from the General Fund Whole Town
Budget: Revenues
H.5031.55 Transfer from other funds $122,150.00
12/21/99 9
Appropriations
H.1620.2.500.100 Police Communications
Center Upgrade $122,150.00
18.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, SUpervisor Cochran.
This resolution was ADOPTED.
19,- Moved by Councilman Romanelli, seconded by Justice Evans, 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 removal and transport'of scavenger
waste from the Southold Town Wastewater Treatment Facility; and be it
FURTHER RESOLVED that Supervisor Jean W. Cochran be authorized to send a letter
to Electro Equipment asl~ing them to continue to provide the service until such time as
the Town Can bid the~ Project during the month of January 2000.
19.-¥ote: of the TO~ ~Board: Ayes: Councilman Murphy, Councilman Romanelli,
TChiOuncilman Moore,: Jnsfice Evans, Councilwoman Hussie, SupelMsor Cochran.
s res°tuiion WaS ADOPTED.
20. - Moved by Councilwoman Hussie, seconded by Councilman Romanelli,
WHEREAS, there has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 21st day of December, 1999, a Local Law, entitled "A
Local Law in Relation to Amending Chapter 56 entitled "Landmark Preservation"
of the Code of the Town of Southold"; now, therefore, be it
RESOLVED that the Town Board of the Town of S0uthold hereby sets 5:05 P.M..
Tuesday, January- 18, 2000, Southold Town Hall, 53095 Main Road, Southold, New York
as the time and place for a public hearing on this Local Law, which reads as follows:
A Local Law in Relation to Amending Chapter 56 entitled "Landmark Preservation" of
flae Code of the Town of S0uthold.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§ 56-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ARCHITECTURAL SIGNIFICANCE -- The quality of a building or structure based on
its date of erection, style and scarcity of same, quality of design, present condition and
appearance or other characteristics that embody the distinctive characteristics of a type,
period or method of construction.
COMMISSION -- The Landmark Preservation Commission established pursuant to this
chapter.
DESIGNATED LANDMARK - A landmark in the Town of Southold designated
pursuant to the provisions of this Chapter
EXTERIOR ARCI-HTECTURAL FEATURES -- The architectural style, design, general
arrangement and components of all of the outer surfaces of any.building or structure.
HISTORIC DISTRICT-- Any area which contains places, sites, structures or buildings
which, have a special character and ambience or historical value or aesthetic interest and
which represent one (1) or more periods or styles of architecture of an era of histou and
which cause such area to constitute a distinct section of the town. [Added 4-5-1994 by
L.L. No. 4-1994]
HISTORICAL SIGNIFICANCE -- The quality of a place, site, building, district or
structure based upon its identification with histOriC persons or events in the Town of
Southold. [Amended 4-5-1994 by L.L. No. 4-1994]
LANDMARK - Any place, site, .structure or building which has historical value or
aesthetic inte%st by reason of its antiquity or uniqueness of architectural design or as pan
of the development, heritage or cultural characteristics of the town, county or nation.
[Amended 475-1994 by L.L. No. 4-1994]
LANDMARK DESIGNATION -- The designation of a landmark pursuant to the
provisions of *his chapter.
12/21/99 10
· STRUCTURE - Any assembly of materials forming a construction framed of component
structural parts for occupancy or use, including buildings.
STYI.R OF ARCHITECTURE [Added 4-5-1994 by L.L. No. 4-1994] -- Style recognized
by one (1) of the following organizations:
The National Register of Historic Places.
B. Historic AmerieanBuildings Survey.
C. Historic American Engineering Record, United States Departmem 0fthe Interior,
National Park Service.
D. Division for HiStoriC Preservation, New York State Office of Parks and
Recreatio~
E. National Trust for Historic Preservation.
F. Sodety of Architectural Historians.
§ 56-7. Review of building permit applications.
A. Every application for a building pemfit for the reconstruction or alteration of,
including but not limited tO demolition or addition to a Designated Landmark. property_
inventoried by S.P.L.I.A (Society for the Preservation of Long Island' Antiquities). or
property within a desi~ated and listed l-li~ofie District. or nrooertv otherwise desi_mmed
a~ a landmark by Town. State or Federal agen~es
~atz c,r '~c,;;~. agznc, lc~ shall be referred by the Building Inspector to the Commission for
its comments and recommendations. No building perrdt' sh~]i be issued until the
Commission has filed its written comments and recommendations with the-Building
Inspector and has mailed a copy thereof to the applicant or until the passage of fourteen
(14) days from the date of referral, whichever shaH first occur. [Amended 6-13-1995 by
L.L. No. 13-1995]
B. The application for a building permit shaH not be deemed complete until the
Commission has filed its written comments and recommendations or until the passage of
fourteen (14) days from the date of referral of the building permit application to the
Commission, whichever shall first occur.
C. In reviewing an application for a building permit referred to it, the Commission
sba.fl consider the effect that the contemplated work will have on the exterior architectural
features of the designated landmark. If the Commission recommends modi~cafion in the
comemplated work in order to preserve the architectural features of the ~hucture, it shall
suggest such modifications as will minimize the costs, time and inconvenience to the
owner.
D. In reviewing an~ application for a building permit, the Commission shall consider
only the exterior architectural features of the building or structure.
E. The comments and recommendations of the Commission with respect to building
pemu't applications referred to it pursuant to this section sha.!l be deemed advisory only.
The owner's rejection of or refusal to comply with such comments and recommendations
sh,l! not delay or in any way impede the otherwise favorable action on the issuance of a
building permit.
F. Norhlng contained in this chapter sba_Ii be deemed to prevent the ordinary and
necessary maintenance and_.repair of any exterior arehitecmaral features of a designated
landmark which does not involve a significant change in design, material or outward
appearance thereof.
This Local Law shall take effect immediately upon filing with the Secretary Of State.
12/21/99 11
20.-Vote of th6 Town Board: Ayes: Councilman Murphy, Councilman Romanelli,
COuncilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
21. -Moved by Justice Evans, seconded by Councilman'Murphy,
WItEREAS, there has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 21st day of December, 1999, a Local Law, entitled "A
Loeal Law in Relation to Amending Chapter 33 entitled "Fishers Island I-Iarbor
Management Plan of the Code of the Town of Southold"; now, therefore, be it
RESOLVED thatlthe Town'Board of the Town of Southold hereby sets 5:10 P.M.,
Tuesday, January 18, 2000~ Southold Town Hall, 53095 Main Road, Southold, New
YOrk, as the time and place for a public hearing on this Local Law, which reads as
follows:
A Local Law in Relation to ~ending the Fishers Island Harbor Management Plan.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 33, FISHERS ISLAND HARBOR MANAGEMENT
§ 33-6. Anchoring and mooring.
A. All boats temporarily anchored in waters bounding Fishers Island shall
anchor in an area established by the Fishers Island Harbor Committee, subject
to the following:
(1) No anchoring is permitted in Inner West Harbor or Silver Eel Pond.
(2) No overnight anchoring is permitted in Hay Harbor.
(3) Anchoring shall not be permitted for a continuous period of more than
three consecutive nights w!th!n =ny in a fourteen-day period within an anchorage
unless authorized by the Fishers Island Bay Constable, which authorization may
onlY be granted for emergency situations.
(4) No boat shall be so moored or anchored that it at any time rests within
any channel or interferes with the full use of such channel, nor shall any boat be
moored or anchored' within 50 feet of any dock, pier or other boat docking.
facilities.
B. No permanent moorings shall be placed unless authorized by a permit
duly issued by the Fishers Island "o,, r,,~,,o,o~,,,, Harbor Committee
Secretary/Clerk. An annual mooring sticker issued to the peh, ittee by the
Fishers Island =~......~ r-.,..~,.,.,..~,,~.....,~ Harbor Committee Secretary~Clerk indicates
authorization of the permit.
(1) The location of each mooring shall be assigned by the Fishers Island
Harbor Committee for waters bounding Fishers Island. The Committee shall
consider optimum use of available space, vessel safety, environmental
protection, impacts on shorefront property owners, whether the mooring will be
used for vessel storage or living aboard and the size and class of vessel; while
assigning mooring locations.
(2) The fees for a mooring, permit shall be those established by resolution of
the Southold Town Board.
(3) All mooring permits shall expire on December 31 of the year of issuance.
(4) All mooring buoys shall be assigned a number by the Fisher's Island Bay
Cc,".ctablc Harbor Committee Secretary/Clerk, which shall be affixed to the buoy
by the permittee n numbers at least four inches in height.
(5) The Committee will maintain the mooring plan for West Harbor.
This Local Law shall take effect immediately upon filing with the Secretary of
State:
12/21/99 12
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 Councilman Romanelli, seconded by Councilman Murphy,
WHEREAS, the Town of Southold is presently engaged in litigation with the State of
New York over the cost of the investigation and remediation of an oil spill under N.Y.S.
Spill Number 85-1219, which is alleged to have occurred at the intersection of Main
Road and Peconic Lane some point prior to 1992; and
WHEREAS, the State of New York has alleged that the Town is responsible for the cost
of investigation and remediation of the spill under the strict liability provisions ot' the
Navigation Law of the Stare of New York, due to alleged contribution to the spill by
tanks formerly used by the Town; and
WHEREAS, the Town has denied liability for said clean-up and remediation, and the
State has proceeded with remediation of the site, the costs of which have been added to
the amount claimed in the litigation; and
WItEREAS, the provision of Navigation Law Article 12 provide for the assumption of
clean-up responsibility by a defendant m an action brought pursuant to said Article
without admission of liabihty or waiver of rights of recovery from any other responsible
party; and
WltEREAS, it is in the interest of the Town of Southold to assume responsibility for the
remainder of the investigation and/or remedial activity at the site in order to control the
costs of said work, to determ'me the future liability of the Town, if any, with respect to
said spill, and to assist in the settlement and/or trial of the pending litigation, by the
execution of a Stipulation to this effect with the State of New York, Which Stipulation
shall not constitute an admission of liability or waiver of rights on the part of the Town;
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes Special
Counsel to the Town, Michael J. Cahill, after consultation with the Town Board, to
execute a Stipulation in the aforementioned action which shall provide that the Town of
Southold shall henceforth assume all responsibility for the remediation of the oil spill
designated as N.Y.S., Spill Number 85-1219, without admission of liability or waiver of
fights of contribution from any other party.
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 Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the services
of Nelson, Pope, LLC at a cost not to exceed $600.00 to conduct the SEQRA analysis on
the Stephen King change of zone application. Scope of services to include determination
of type of action, preparation of an environmental assessment and a finding of
significance.
23 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice
Evans, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore.
This resolution was ADOPTED.
24.- Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts proposal of
Roy H. Reeve Agency, Inc. to provide the Town of Southold with insurance coverage for
the period beginning January 1, 2000 through December 31, 2000 at a premium of
$199,881.00, all in accordance with the recommendations of the Town's insurance
consultant William F. Mullen, Jr.
24.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
25.- Moved by Councilwoman Hussie, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Interboro Packaging Corporation, at a total bid price of $32,745.76 for supplying the
Town of Southold with Yellow Plastic Garbage Bags for calendar year 2000, all in
accordance with the bid specifications.
12/21/99 i3
COUNCILWOMAN HUSSIE: My swan song.
SUPERVISOR COCHRAN: You noticed no one jumped to read it.
COUNCILMAN ROMANELLI: The last resolution for 1999 for the century, yellow bag
read by Alice Hussie.
25.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
SUPERVISOR COCHRAN: At this time I would like to ask if there is anyone who
would like to address the Town Board on any Town Board business? Yes, sir?
THOR HANSON: I am Thor Hanson. I am the President of Southold Citizens for Safe
Roads. The reason Freddie Wachsberger and I are here is that we were here this
morning, I think as you noticed, during your Work Session, and there was a lot of byplay
going, back, and questions asked, and answers given, and it seemed to us, at least from
where we sat, that there was some confusion among some Board members, at least. I am
sure some of you perhaps understood everyone of them, but we wanted to make sure it
was clear..a few of the things that seemed confusing, first the Judge when he rendered his
decision did not say that he would tell Cross Sound Ferry to do anything. What he really
said, and that point was made, was that the Town has the right to have Cross Sound
submit a new site plan taking into account the operations of the passenger only high
speed ferry. That is what he said, so the onus is on, and somebody did say when is the
Judge going to do something. He is not going to do anything on this particularly, because
the Town has to take the initiative, and get a proper site plan. We heard, and I hope it is a
decent one that is coming next month, but if you look back over the last four and a half
years, it takes three or four others all of which were incomplete and not comprehensive,
and the last one kind of a farce. So, the point is the Town has the right it can go back, and
ask for an injunction if the proper site plan is not submitted and put through SEQRA and
approved. That was the other point that seemed confused at times in this morning's
discussion. I think then he said, both judges had said, that they wouldn't grant an
injunction, and that is not really tree. The first Judge, Patrick Henry, did say, I won't
grant that injunction to the Wickham suit .right now, because I don't have enough
infoimation. But, he said, go back to the Town and ferry, and work it out. If you can't
work it out, come back to me, and that is not happening. The Town has never gone back
to him, and we are four and a half years later, we still don't have a good site plan, but he
didn't say, there is no reason that you couldn't get the proper site plan. If they don't get
one they can go back, and ask for a injunction, and the Judge is open to keep the field
open on that one. We just want to make sure that was clear. The only thing, somebody
did ask, I think Alice you asked, are there any suits that are still there, or are they all
over? The constitutiOnal question was decided by the Judge. That is gone. The two
articles said the papers had submitted, and then resubmitted, are gone. They found a
second time, and threw them out. They were the ones on whether you could have a
Positive Dec, or a scoping outline. But the original Town suit in '95, that started this off,
and asked for an injunction is still very much there, and it is the one you could use, and
go back to, if you don't get action on a proper site plan. Those are the key things, that we
were a little worried about, and I am sure, as I said, I am sure some of you perhaps
understand all of this, but I am not sure everybody did, and we wanted to get that across.
A couple of other points that I would like to make, nobody mentioned this morning
anything about parking. We kept talking about parking as part of this site plan we are
looking for, and I hope everyone really understands that parking is only the thing that
causes problems. The more parking you get the more traffic you get. The traffic is the
biggest problem in addition to the parking. They are both there. The reason that I am
bringing that up is that what Cross Sound has done over the past years by really violating
both the '84, and '95 site plan. The last site plan that they put in, the one that came in
just before the election, interestingly enough it wasn't a good plan, but they had five
points they hsted the ferry as violating now out there in '95, so they have not been living
with their site plans, and what they have done, as I think you all know, there are just
bigger boats that carry more cars then they use to have. They have brought in the high
12/21/99 14
speed which requires a lot more parking, and what they really have done out there now,
they have got a operation that is going, that they can not support in accordance with their
present site plan. They can't, and they are u'ying to put four pounds into a two pound bag,
is what they are really doing, They are asking the Town to approve that. That is what
they are all about. The reason I am mentioning that is that I was troubled when then he
said, and someone asked him what are we expecting, and he said two site plans, one is to
be in accordance with Town Code, and the other we have asked them,, or they said they
would submit, I don't know which here, but that would be with the assisted parking in
which they could put more cars than Town Code allows. If they put in a reasonable one
like that, we don't have any problem with that. That does trouble me, because that would
just put in more cars. If it is assisted, and they can get in more than Town Code allows,
that is more cars~ more traffic. What really troubles us is, that we can't understand why
anybody, the Plann'mg Board, the Zoning Board, the Town Board, anyone is really
interested in changing our Town Code, or mal~g a variance, 'or Whatever, to allow this
Connecticut company to operate and have more cars than our Town Code allows. What
possible good canwe get out of that as a town? I really can't see it. I know that the
passenger ferry helps. Certainly, it carries produce. It carries a lot of us, but the numbers
of people in Southold Town that want to use that ferry, and to send produce on it, are
easily handled bY the numbers of ferries they have now. They wouldn't have needed to
have the two bigger fenSes they now have. I mean, obviously, they want them because
they'want to have more business. That is fine. All I say is I think the Town should stand
up and say, we won't let you put four pounds in a two pound bag. If you want two more
pounds you got to go someplace else, because until we do that as a town they are going to
just keep on growing and growing here, and they won't have the incentive to go to
Brookhaven, to ge to Montauk. I would do the same thing if I were they. It is easier, I
th'ink, it has been easier for them in the last twenty years, or whatever it is, to push the
Town around, rather to try to get themselves in somewhere else. That point just really
troubles me, because there seems to be an aura of pre-election amongst the Planning
Board staff. The Plarm'mg Board Chairman himself this morn'rog, and I think some
members of the Board met to insure compromise. That really does trouble me. [ just
wanted to have the chance to make those points. (tape change)
FREDDIE WACHBERGER: Again I thought that one question that I think that you
asked Alice, and didn't get an answer to, and really didn't get an answer to, and that is
why don't they do things step by step instead of all at once, and actually there is an
answer to that, and that because the SEQRA has to be comprehensive. It has to cover all
of their plans, includ'mg whatever expansion there is. I also want to say, you said you
haven't been gett'mg papers. I assumed that all the Board had seen a copy of the Judge's
decision.
SUPERVISOR COCHRAN: Everyone received a copy, yes.
FREDDIE WACHSBERGER: I wanted to just put on a different cap for a moment, but
still on the same subject in that involves the Judge's decision, but it is the other aspect of
it, which is that the Planning Board constitutionally doesn't have the right to decide
whether the business needs to come back with additional site plan, whether it has
expanded enough to require an addition site plan: I know that several members of the
Board have been eager to put that decision back into the Building Department, but the
Judge's decision says the Building Department or the Zon'mg Board of Appeals. I would
really like to urge the Board not to consider taking that kind of decision out from public
review. The reason why it was given to the Planning Board initially because there was
obviously a lot of abuses in the Building Department. The Building Department still, as I
am sure all of you know, does has the confidence of the Board, and a very important
decision like that to decide whether a building is expanding enough to require a new site
plan is a decision that really should be made by an agency that is subject to public
reviews and the public knows when this is happening. So, I urge you very strongly not to
take the Judge's decision as a kind of right to immediately put it back into the Building
Department, but to adhere to your policy and transparency of open government by
keeping that decision in public review by giving the Zoning Board, and obviously as the
Judge has found is not constitutional to leave it in the Planning Board. Thank you.
12/21/99 15
SUPERVISOR COCHRAN: Thank you, Freddie. Anyone else like to address the
Board?
JACK WILLIAMS: Jack Williams from East Marion. In further keeping with your
policy of transparency and open government I am formally requesting the amount of
money which has been spent by the Town for the representation for this action over the
last four or five years.
SUPERVISOR COCHRAN: I will have to get that for you.
JACK WILLIAMS: I don't know whether you all have a little ceremony in mind or not
for Mrs. Hussie, but having run against her I think maybe I am permitted to say a word or
two here, and I want to say that having always been on this side of the dais I have found
that Mrs. Hussie's questions have always shed light on the matters under discussion, and
I would like to salute her for having done so over a long period of time. I think that the
Town of Southold will be diminished by not having her give an eye focused on the
activities of the Board. I must say that ifI were coming in to make a presentation to the
Town Board I might have a sleepless night trying to anticipate what kind of barrage of
questions I might have listened to. Councilwoman Hussie, who has been a strong force, I
think, in bringing another voice to the Town Board, and I think we are going to miss her,
and sense that those of us of our political persuasion are in favor of plurality of
viewpoints, and I am afraid that it is going to be somewhat diminished. Anyway, I salute
you, Mrs. Hussie, and I hope you have a wonderful life. Go to Morocco.
SUPERVISOR COCHRAN: Thank you, Jack. Yes?
EDWARD BAGE: Edward Bage, Laughing Water. I am here'in regards to a disgustingly
vile junkyard operation that Harold Walters is conducting in a residential area. Now,
years ago Harold picked up garbage, but 1965 the present Code Section 54-5 under the
junkyard title, existing businesses, a person presently engaged in or conducting an
activity or business such described herein on real property within the Town of Southold
must apply for a license therefore within thirty days of the adoption of this-Chapter. Then
it goes on, if at the end of such year such person does not so arrange to displace such
activity or business he shall forthwith cease, and resist in engaging in or conducting the
same, and shall remove from such place auto parts, and other materials of the nature
described therein. Mr. Walters never applied for such a permit. It wasn't until 1981
because of the residents of Laughing Waters complaining to the Town Board, and the
Build'rog Department about that operation that Judy Terry took it upon herself, took it
upon herself to call and ask him to file an application. His original application stated,
sanitation pickup. So, Mrs. Terry in her infinite wisdom, I liked Judy, but she sent him a
notification, Harold, you should be asking for a junkyard application. Now, I dare say
that none of you sitting there would ever want such an operation in your backyard. It is
detrimental to the neighborhood. It reduces land values, and if you go there tonight you
will see how disgustingly vile it is. Then, all of his applications for a junkyard operation
were based on 400 Nakomis Road. That is his place of residence. He submitted a site plan
showing a fenced-in area behind his house, and he is supposed to contain everything
within there, but his auto dismantling operation is being conducted on a parcel north of
400 Nakomis Road, which he has never, ever gotten any kind of permit to conduct any
operation. Now, I have been after Mr. Forrester for two years to do something about this,
and he has done nothing. In fact, just recently he sent a letter to Harold Walters, can I
come and inspect your place of business? The Code Enforcement Officer asking a
violator if he can come and look. You don't even have to go on his property. Just ride by
and you will see how disgusting it is. On the parcel that he was given approval with the
fenced-in area in the back, he is supposed to contain it all. It is coming up his driveway.
Now, after dismantling refrigerators, letting Freon into the atmosphere. He is dismantling
cars. He is letting radiator coolant dump- on the ground. Now, I ask the Board, anyone of
you, go down there tonight, just drive by, or in the morning when you can see better. Go
down there and see what kind of operation is there, and I will ask the Town Attorney, in
as much as he never filed an application for a permit to continue this business in a
residential within one year of the enactment of this Code shouldn't that have been reason
enough to declare him to cease and exist from this operation? Now, you say, maybe we
should give him a reasonably amount of time. Sixteen years, only on the prompting of
12/21/99 16
the Town Clerk, that he files a permit application? Now, he has been cited three times,
and fined by the judges, $50.00, $1,000.00, and $250.00. Is the Town letting him stay in
operation, so they can make money on him. by fining him periodically? Now, that is such
an eyesore, and it is fight there at the entrance to Laughing Waters. Go through Laughing
Waters. See the conditions of the houses there, small houses on the water, small kitchen,
small dining room, just went for $280,000. Now what is a piece of trash like that doing to
the value of the properties? So, I wish this Board could do something because evidently
Mr. Forrester doeSn't care to do anything in as much as he is not a resident of Southold
Town, and he couldn't care less.
SUPERVISOR COCHRAN: Ed, I don't think that enters into it. You are getting
personal now, but Iknow that Lefty has been violating.
EDWARD BAGE: After two years I said, Ed, would you please do something? He
ignores him.
SUPERVISOR COCHRAN:
brought into court.
I know he has been violated 6n three occasions, and
EDWARD BAGE: What I maintain is according to the. Town Code he should be out of
business. Secondly, his major operation is conducted on a parcel of land that he has no
permit for, and the operation that he is conducting on the parcel that he has a permit...
SUPERVISOR COCHRAN: Are you telling me the back parcel is where he does junk
cars?
EDWARD BAGE: No, the parcel north. In 1984 he bought a small parcel from Mr.
Johnson.
SUPERVISOR COCHRAN: And that is north of the 400?
EDWARD BAGE: And he has no right to be conducting that business there. Thank you.
SUPERVISOR COCHRAN: Ed, would you put something in writing, and send it to my
office? I mean this has been an ongoing problem for many, many, many, many, many
years, and I think it is time it stops. Anyone else like to address the Town Board? Yes,
Ruth? Thank you for your little gifts from you garden.
RUTH OLIVA: Just on a lighter note, and I appreciate what Mr. Bage, is saying. We
have had a problem with Mr. Walters for many years. I would just like to wish you all a
very Merry Christmas, and a Healthful and Happy New Year, and to express my
appreciation for the service that Alice has given the Town for many years, and I wish you
the very best in your new life.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board? (No
response.) If not, Alice, it is tradition that as you leave you do get a proclamation read to
you. If you would stand, and please let me proclaim.
Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS, ALICE J. HtlSSIE, a most dedicated official of the Town of Southold, is
retiring from public service on December 31, 1999; and
WHEREAS, COUNCILWOMAN HUSSIE has given generously of her time and
provided faithful service to the residents of the Town of Southold as Councilwoman since
January 1, 1990; and
WHEREAS, COUNCILWOMAN ItUSSIE'S record of unwavenng service and
diligence to duty to the Town of Southold of Southold deserves the sincere gratitude of
those with whom and for whom she has served; and
WHEREAS, the Town of Southold will miss her spirited devotion as
COUNCILWOMAN; now, therefore, be it
RESOLVED that the 'Town Board of the Town of Southold expresses its sincere
appreciation to ALICE J. I-IUSSIE for her unselfish and untiring efforts on behalf of the
Town, and extends their best wishes for the years ahead; and be it further
12/21/99 17
RESOLVED that a copy of this resolution be presented to COUNCILWOMAN
ALICE J. ItUSSIE and entered inthe permanent records of this Town Board meeting.
DATED: December 21, 1999.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman R0manelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran.
This resolution was ADOPTED.
SUPERVISOR COCHRAN: Best wishes in your private life. John, do. you have a
presentation to do?
COUNCILMAN ROMANELLI: I have been told that it is customary when a Board
member leaves they get a picture, a Jacqueline Penny print, so I get the honor of giving it
to you~ because we have become so close over the past couple of years, and also, the
sense of looking for part-time to do account committee, and I thought you have time. It
has been a pleasure. I think, Jack, you said it wonderfully when you gave your little
eulogy to Alice, and I am going to miss you dearly.
COUNCILWOMAN HUSSIE: Thank you very much, John, and thank you, Board. That
is very nice. It is one of my favorite places in town, the Old House. I am very happy to
have that. I almost wasn't going to come here tonight, because I was afraid it would be a
situation just too much for me to handle, and I might be teary-eyed. I have to say to
everybody out there that I am happy to leave, but very sad to leave, and it has been a
privilege, an honor, and a pleasure being your Councilperson. Jack, I thank you very
much for your words, although, as John said, it did sound like a eulogy, and Ruth, thank
you, too, and thank you, Jean and the Board. I will miss you all.
JUSTICE EVANS: I suspect you will be back. I mean audience badgering us.
COUNCILWOMAN HUSSIE: There are some things that I am interested in, and I was
on the other side of the microphone in 1987, 88, 89, 90, and I am liable to start the new
millennium in the same way, but I have a few things to do first.
SUPERVISOR COCHRAN: I will go through the Board? Brian, do you have anything
you would like to share?
COUNCILMAN MURPHY: I would, just like to say it has been a pleasure working with
Alice for the past two years, and I wish you well and happiness in whatever you intend to
do.
COUNCILWOMAN HUSSIE: Which you never know.
COUNCILMAN MURPHY: And I would just like to wish everybody a very Happy
Holiday, and a Healthy, Happy New Year.
SUPERVISOR COCHRAN: Louisa?
JUSTICE EVANS: I would like to echo whatever everyone has been saying about Alice.
We have agreed on many things. We have disagreed on many things. It has always been
interesting, and tell everyone else, see you next year. Happy New Millennium.
SUPERVISOR COCHRAN: Betty, would you like to make any comment?
TOWN CLERK NEVILLE: Just, again, to ditto what everyone else said. Best wishes in
your new life.
SUPERVISOR COCHRAN: Greg?
TOWN ATTORNEY YAKABOSKI: Best wishes to Alice, and a Happy, Healthy New
Year to everyone in Southold.
SUPERVISOR COCHRAN: John?
12/21/99 18
COUNCILMAN ROMANELLI: Merry Christmas, and Alice, we will miss you.
SUPERVISOR COCHRAN: Alice, would you like to say Happy Holiday?
COUNCILWOMAN HUSSIE: Happy New Year. Happy Christmas. I love you.
COUNCILMAN MOORE: I wish you luck.
SUPERVISOR COCHRAN: I add my good wishes, Alice, as you know. I would like to
extend to each and everyone a Happy Holiday, and a Healthy and Prosperous New Year.
We have a lot on our plate for the coming year, and I look forward to many positives, and
accomplishments by the next Town Board. We will see you in the next century. One
other thing I would just like to add, that we have taken steps in relation to emergency
preparedness for New Year's Eve, although I do not personally think anything is going to
happen. The two concerns are lose of electricity and lose of telephones, so the emergency
plan that we have in place is much like when we have a snow storm, or we have a
hurricane. The center, or emergency center at Police Headquarters in the new room
downstairs, we will be operating. We are opening up at nine. We will have the ham
operators. We have met with the schools. We have plans made to open any of the centers.
If we do lose electricity, that means cold houses by morning for many of our elderly. We
are prepared for any kind of emergency. If the telephones do come down each area will
have a difficult time if they need help and support, but the Fire Departments are going to
be the contact center. If you have a problem, but you are able to drive, or somehow get a
neighbor to help you. We are not expecting these things to happen, the majority of us, but
I also want you to know that the Town is prepared if we do have any difficulty. So, on
that I will ask for a motion to adjourn, and wish everyone and the Town Board a Happy
Holiday.
Moved by Justice Evans, seconded Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 5:25 P.M.
Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Councilwoman Hussie, Supermsor Cochran.
This resolution was ADOPTED.
Southold Town Clerk