HomeMy WebLinkAboutTB-08/01/2000REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on August 1, 2000, 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 led by Town Clerk Neville.
Present:
Absent:
Supervisor Jean W. Cochran
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Justice Louisa P. Evans
SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills for August 1, 2000?
Moved by Councilman Murphy, 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 $195,888.32; General Fund Part Town bills in the amount of $5,534.11;
Highway Fund Whole Town bills in the amount of $5,887.69; Highway Fund Part Town bills in the
amount of $2,531.71; Capital Projects Account bills in the amount of $23,400.00; Landfill Cap &
Closure bills in the amount of $2,943.18; Open Space Capital Fund bills in the amount of
$13,553.14; Fishers Island Ferry District bills in the amount of $69,663.34; Refuse and Garbage
District bills in the amount of $7,092.25; Southold Wastewater District bills in the amount of
$600.00; Fishers Island Sewer District bills in the amount of $445.86.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: To set the Fishers Island Town Board meeting, Wednesday, August
9th, 2000 at 1:30.
Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Fishers Island Town Board meeting will be held at 1:30 P.M., Wednesday,
August 9, 2000 at Fishers Island, New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Set the next Town Board meeting Tuesday, August 15, 2000 at 7:30
P.M.
Moved by Councilman Richter, seconded by Councilman Murphy, it was
RESOLVED that the next meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday
August 15, 2000 at Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
[REPORTS.
SUPERVISOR COCHRAN: As you know each month the Town Board receives Reports lkom not
only different departments, and also from the different committees. They are filed with the Town
Clerk. They are available to the public. If there is anything or any area that you have an interest,
please feel free to come in and request these reports.
1. APA Partners Claims Experience for June, 2000.
2. Southold Town Board of Trustees Monthly Report for June, 2000.
3. Southold Town Animal Shelter Monthly Report for June, 2000.
4. Southold Town's Program for the Disabled Events for May, 2000.
5. Island Group Administration Claim Lag Report through June 2000.
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6. Leave Time Summary Report for June 2000.
7. APA Partners Cia/ms Experience for May 2000.
II.PUBLIC NOTICES.
SUPERVISOR COCHRAN: We have one Public Notice, which is in relation to Robert Cooper to
dredge with ten years maintenance down in the Shelter Island Sound, and the fill going into upland
in Greenport.
US Army Corps of Engineers, New York District, Notice of application of Robert T. Cooper to
dredge ~vith ten years maintenance and subsequent upland disposal in Greenport Harbor,
Shelter Island Sound, Greenport, Town of Southold. Written comments to be received by
August 24, 2000.
III. COMMUNICATION
SUPERVISOR COCHRAN: Communications, we had a letter from Diane Harkoff, Legends
Restaurant expressing appreciation to the Highway Department in fixing the drainage problem on
their street. As you know the minute the tide comes down there in New Suffolk they have a
problem, and the Highway Department was finally able to fix that, and I thank Superintendent of
Highway Jacobs for a good job. Also a letter from Sara Foulke, Comell Cooperative Extension in re
Diabetes Education Program, and a letter from Joan Gilroy. As far as Cablevision is concerned we
have public access Channel 71 being education and governmental access programming, so we now
have two channels.
1. Diane Harkoff, Legends Restaurant in regard to expression of appreciation for Highway
Department fixing drainage problem on their street.
2. Sara Foulke, Cornell Cooperative Extension in regard to Diabetes Education Program.
3. Joan Boccieri Gilroy, Cablevision in regard to Educational/Governmental Access
programming, Channel 71.
IV.PUBLIC HEARINGS None.
V. RESOLUTIONS
SUPERVISOR COCHRAN: As you know the Town Board has a policy that before we pass on the
resolutions we will take your comments, or any input you may have in relation to the resolutions at
this time. After our work is done in passing the resolutions toward the end of the meeting the public
certainly has the opportunity to address the Board on any Town business. So, at this point is there
anyone that would like to make comment in relations to any of the resolutions that are on the
agenda? (No response.) If not, we will start the resolutions.
1.-Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2000 General
Fund Whole Town:
To: A.9901.9.000.100 Interfund Transfers $ 5,000.00
From A. 1990.4.100.100 Unallocated Contingencies $ 5,000.00
1. -Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
2. -Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Capital Budget for
the Human Resource Vans Capital Project.
Funding Method: Transfer fi:om General Fund
Budget Increase: Revenues:
H.5031.20 Transfer from Other Funds $ 5,000:00
Appropriations
H.6772.2.300.100 Programs for the Aging, Capital Outlay
Motor Vehicles, Vans $ 5,000.00
2. -Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
-Moved by Councilman Richter, seconded by Councilman Romanelli, it was
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RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lieutenant
Carlisle E. Cochran, Jr., to attend the New York State Division of Criminal Justice Services,
Executive Management Conference, commencing on Tuesday, September 12, 2000 through
Wednesday, September 13, 2000 at Syracuse, New York. Expenses incurred for accommodations,
meals and transportation shall be a legal charge to the Police Department Training budget line.
3.- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore. Abstain: Supervisor Cochran.
This resolution was duly ADOPTED.
4.- Moved by Councilman Romanelli, seconded by Councilman Moore,
WItEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 1st day of August, 2000 a Local Law entitled, "A Local Law in Relation
to Adding Stop Signs at Broadwater Drive, Cutchogue, now, now therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
29th day of Augnst, 2000, at 5:00 P.M., at which time all interested persons will be given an
opportunity to be heard.
This proposed "Local Law in Relation to Adding a Stop Sign at Broadwaters Drive, Cutchogue,
which reads as follows:
I. Chapter 92, Section 92-30 (Vehicles & Traffic) of the Code of the Town of Southold is
hereby amended as follows:
Direction At Intersection
Stop Sign On of Travel With Hamlet
Broadwaters Drive North & South Mason Drive Cutchogue
lI. Severability. If any section or subsection paragraph, clause, phrase or provision of this law shall
be adjudged invahd or held unconstitutional by any court of competent jurisdiction, any judgment
made thereby shall not affect the validity of this law as a whole or any part thereof other than the
part or provision so adjudged to be invalid or unconstitutional.
4.- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
5.- Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Jean W. Cochran to execute a Contract Budget Modification to the Community Development Block
Grant Program Budget, as follows:
DESCRIPTION BEFORE
Home Improvement
1003-A-98 $ 97,800.
Rental Improvement -0-
AFTER CHANGE
$ 85,800 -$12,000
$12,000 +$12,000
New Change -0-
5.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
(Number 6 authorizing purchase from the County of Suffolk parcels for municipal purposes was
held.)
7.- Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Marine 2000
budget as follows:
To:
A.3130.4.400.250 Radar $ 950.00
From:
A.3130.2.300.100 Automobiles/Light Truck $ 950.00
7.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
8.- Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Marine 2000
budget as follows:
To:
A.3130.2.400.250 Radar $ 40.00
From:
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A.3130.2.500.200 Radio Equipment $ 40.00
8.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
9. -Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Island
Group Administration, Inc. to pay the past due medical bill of Joyce Skwara, spouse of Southold
Town retiree Chester Skwara, to J. T. Mather Memorial Hospital in the mount of $513.65, which
exists due to insurance transition and billing error.
9.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
10. -Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby AMENDS Resolution No. 23 of
the July 18, 2000 Southold Town Board meeting to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby appoints the following
individuals as Members of the Landmark Preservation Commission, they to serve without
compensation, effective immediately:
John B. Greene, Ralph O. Williams, and Margaret Murphy, all terms to expire on April 5, 2002.
10. -Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
11.-Moved by Councilman Murphy, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby designates Linda Scarpinella,
Personnel Assistant, as the Town's Liaison for the Town of Southold Alcohol and Drug Testing
Policy.
11 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, SUPervisor Cochran.
This resolution was duly ADOPTED.
2.-Moved by Councilman Romanelli, seconded by Councilman Moore,
WHEREAS, the Town Board of the Town of Southold has an opportunity to enhance active
parklands including but not limited to development of fairgrounds and sports fields, within the
Town along the County Route 48 through County acquisition of properties identified as Suffolk
County Tax Map #1000-113-12-15 and Suffolk County Tax Map #1000-121-5-4.1
WHEREAS, the Suffolk County Greenways Program enables the County to fund the costs
associated with the purchase of land from a willing seller ~vhere there shall be an agreement by a
municipality or local organization providing for long-term management of the property and the
installation and programming of recreational facilities thereon; and
WHEREAS, the Town Board of the Town of Southold recognizes the community planning and
open space value of adding a public fairground and sports fields to a site which could be easily
converted for active recreation facihties; and
WHEREAS, to initiate County acquisition of the subject property under the active recreation
component of the Greenways Program, the Town Board must resolve its support and long-term
assurance for continued recreational site use; now therefore, be it
RESOLVED that the Town Board of the Town of Southold urges Suffolk County acquisition of
these two parcels for future active recreation use under the County Greenway Program; and be it
further
RESOLVED that upon acquisition of the land by Suffolk County the Town Board hereby
authorizes the Supervisor to enter into an agreement to establish new active use facilities program,
and manage the land for active County recreational purposes; and be it further
RESOLVED that the Town Clerk is hereby directed to forward a copy of this resolution to the
County Executive, Presiding Officer, local County Legislators, and the Suffolk County Department
of Planning and Commissioner of Parks indicating the Town Board's support for protection of the
specific property, and be it further
RESOLVED that the Planning Board is hereby requested to prepare a recommended active use
plan for Town Board review within thirty (30) days and upon consensus of the Town Board, to
prepare a recommended active use plan for Town Board review within thirty (30) days upon
consensus of the Town Board, to prepare and submit a draft environmental assessment form Part I,
for the Suffolk County acquisition, and be it further
RESOLVED that the Supervisor, Town Attorney are hereby authorized to assist the County's
acquisition of this property as needed.
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12.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
13.-Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold request the New York State
Department of Transportation to do a traffic study on Oregon Road bet;veen Mill Lane and Bridge
Lane for the purpose of lowering the speed limit.
13. -Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
1 t~. -Moved by Councilman Richter, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Marine 2000
budget as follows:
To:
A.3130.2.300.300 Boat Engines $ 6,400.00
From:
A.3120.2.300.100 Automobiles $ 6,400.00
1 q.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
15. -Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2000 General
Fund Whole Town budget as follows:
To:
A. 1620.4.400.100
A.3310.2.100.100
From:
A1990.4.100.100
Buildings and Grounds, C. E.
Contracted Services
Building Maintenance & Repairs
Traffic Control, Capital Outlay
Other Equipment
Traffic Control Devices
$ 7,000.00
5,700.00
Contingent
Unallocated Contingencies $12,700.00
15.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
6.-Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Apollo
Fire Sprinkler Company, Inc. for the installation of fire sprinkler system alarm at Southold Town
Hall, in the amount of $6,900.00; and be it
FURTHER RESOLVED that Supervisor Jean W. Cochran be authorized and directed to execute
acceptance of this proposal, all in accordance with the approval of the Town Attorney.
6.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
17. -Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Johnson
Electrical Construction Corp. for the installation of a new traffic light at the intersection of New
Suffolk Lane and NeTM Suffolk Road, New Suffolk, New York, in the amount of $5,688.75; and be
it
FURTHER RESOLVED that Supervisor Jean W: Cochran be authorized and directed to execute
acceptance of this proposal, all in accordance with the approval of the Town Attorney.
17.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
18.-Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to enter into a month to month contract with Trinity Transportation
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Corporation for the hauling and disposal of municipal solid waste (MSW) and demolition debris (C
& D) materials ata rate of $61.50 per ton, subject to the approval of the Town Attomey.
-Vote of the Tmvn Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
19.-Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to take all necessary measures to appeal the Building Permit #26546Z
dated June 1, 2000 issued by the Southold Building Department for an "Accessory Ham Radio
Tower For Private Use" for the premises located at 11780 Sound Avenue known as Suffolk County
Tax Map Number 1000-141-3-44.
COUNCIl,MAN MOORE: This is a resolution that the Town Board discussed this morning, and it
is very unusual for a Town Board to challenge the act of it's own Building Department. That is
exactly what they are doing with this. We think our Building Inspector made an error, and we went
to the Zoning Board of Appeals to see if the Zoning Board agrees with us. Someone thinks they
have found a loophole in the law.
19.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
20. -Moved by Councilman Romanelli, seconded by Councilman Richter,
WltEREAS, it is the policy of the Town Board to administer persoimel matters through the
Accounting & Finance Department; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby RESCINDS their resolution of
May 30, 1995 with regard to "Policy on Administration of Persounel Matters"; and be it
FURTHER RESOLVED that the Town Board hereby adopts as POLICY ON
ADMINISTRATION OF PERSONNEL MATTER/ the attached "General Procedures to Fill an
Employment Position" and Memorandum of New Employee Recommendation.
20.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
21. - Moved by Councilman Richter, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Scott A. Hilary and
Richard B. Smith as Members of the Southold Town Conservation Advisory Council for a two (2)
year term of office to expire on June 18, 2002.
21.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
22. -Moved by Councilman Romanelli, seconded Councilman Moore, it ~vas
WHEREAS, Jody Adams appealed a denial of a FOIL request to the Town Board; and
WHEREAS, the appellant was not available at the time of hearing; be it
RESOLVED by the Town Board of the Town of Southold that the hearing on the denial of the
FOIL request be adjourned until 9:30 P.M. on August 15, 2000 so that the appellant has the
opportunity to be heard.
22 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
23. - Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the terms
of the Town of Southold and Southold Town Police Benevolent Association Memorandum of
Agreement dated June 6, 2000.
COUNCILMAN MOORE: Just to let everyone know, you may see a Newsday article describing
the arbitrators award 20% pay increase for Suffolk County pay increase for Suffolk County Police
Officers payable for four years. That is an awful lot of money. I know our Police Force get paid
very well, and this proposal comes in under that, so I guess there is a way to thank the PBA
negotiators, and thank the Town negotiators for putting together a package which is better than what
we have gotten if we had pursued this matter of arbitration.
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23. -V6te of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelh,
Councilman Moore. Abstain: Supervisor Cochran.
This resolution was duly ADOPTED.
2 ti. -Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board hereby accepts the volunteer services of Paul Zinger to work in
the Southold Town Justice Court as a student intern, effective August 2, 2000.
24.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
25. -Moved by Councilman Murphy, seconded by Councilman Romanelh, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 200 General Fund
Whole Town Budget as follows:
Revenues:
A.2680.00 Insurance Recoveries $1,080.93
Appropriations: Police, C.E., Motor Vehicle Repairs $1,080.93
25.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of our resolutions. At this time we would take public
comment from anyone in the audience that would like to address the Town Board. Mr. Williams?
JACK WILLIAMS: Jack Williams from East Marion. During its Work Session this morning the
Town Board was in Executive Session from which all press and pubhc was excluded for two hours
and twenty-five minutes by my count. I am really wondering what secrets the Town Board has
which require this degree of secrecy from the residents, and when I hear it I would hope that I
would have a chance to maybe speak again. Thank you.
SUPERVISOR COCHRAN: You are welcome. I think that deserves an answer. If we have
business that involves acquisition of property, contracts, litigation, we do have a right to go into
Executive Session to discuss these things with our attorney. These are the kind of things that were
covered this moming: It took much longer than we expected. We also have a phone conference with
one of our attorneys from up the island, and we are doing town business, and that is what happens.
Mr. Dozier is next.
REVEREND DOZIER: Good afternoon. Somehow we missed your resolutions, and resolution 19,
if you could just explain to us what is going on with that?
SUPERVISOR COCHRAN: Okay. Bill?
COUNCILMAN MOORE: We learned of the issuance of a building permit about the same way
everybody else in the community did. We think the Building Inspector made a mistake, and so what
this resolution does is the Town Board like any other citizen effected by the decision of the local
ministerial office, like the Building Department is, we just appealed this decision to the Zoning
Board. We think that the man made a mistake, and it is not our job to tell him. I would beat him
over the head personally, because I think he made a terrible mistake, and I think he misread the law,
misread the intent of the law. He thinks he did it right, so we are going to the Zoning Board of
Appeals.
REVEREND DOZIER: To stop the issuance?
COUNCILMAN MOORE: That is an interesting question, because it is out of his office. Unless he
changes his mind to believe that he did something wrong the issuance of a stop work order is in
bailiwick, not in ours, but any action taken under a Building Permit, which is subject to an appeal is
taken at the applicants own risk, so they will be notified tomorrow that the appeal has been filed,
and if they move forward with their action they don't gain any grounds, if the Zoning Board agrees
that it was error, so it would be at their risk unless we can convince the Building Inspector that,
yeah, you really did make a m/stake, and he so agrees then he can stop it. But, we are appealing it
with the Zoning Board. Our Town Attorney thinks ~ve have a good case.
SUPERVISOR COCHRAN: It has already been signed in. It has already been filed.
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JODY ADAMS: This has been sort of going to be popping up and down. I just wanted to respond
to what Mr. Williams said. I also think that was an a~vfully long period of time, but I especially
think ...
SUPERVISOR COCHRAN: So be it. We had work to do.
JODY ADAMS: No, no, no, not so be it. Isn't it possible that you could consider the citizens who
want to listen in generally, the reporters, and all others, and try to arrange so we can sit and listen,
and then you can go into Executive Session?
SUPERVISOR COCHRAN: We usually try to do that.
JODY ADAMS: I don't think you do. I haven't been here for a while.
SUPERVISOR COCHRAN: We usually try.
JODY ADAMS: If you had done this in the afternoon. For instance, you do your regular agenda up
until noon, you go to lunch, and you come back and you do your other stuff from one to three.
COUNCILMAN ROMANELLI: It is sort of joke, because we have always had our Work Session
in the morning, and we usually did Executive Session in the afternoon. Well, we talked about
reversing it, and saying, you know instead of having the press and everyone, and public, come to the
meeting, and ask them to leave the meeting, and then come back into the meeting, ask to leave the
meeting, today was the first day we tried to lump our Executive Sessions in first thing, and if you
look at the time onthe agenda we had all the Executive Sessions in the morning with the hope that
we could meet. The press and public wouldn't have to come until ten.
JODY ADAMS: But how would they know?
COUNCILMAN ROMANELLI: They wouldn't know unless they looked at the agenda. You are
exactly right. We tried to set it up that way, so once we go into the open meeting, the open work
session, then everyone could stay, and not ask you to leave and wait outside for twenty minutes, and
then come back in, so we actually did attempt to do the right thing today.
JODY ADAMS: And loused it up. Also, you have no advance notice so the people would be here
and just have to kill time anyway. If you could work on that I think it would be very helpful. In
addition to that there are a whole lot of things, such as speaking up at the meetings, when you all are
talking so people can hear what you say, explaining things a little bit more clearly as you rush
through your agenda. Those would be just a few of them.
SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board?
BARBARA TAYLOR: My name is Barbara Taylor. I live in Cutchogue. I am addressing the Board
concerning the Suffolk County Water Authority. I looked at the map, and it seems like where I live
is by the Landfill, and they might be under consideration, and I would like for it to be considered
because of the fact that residents live there the Landfill came after the residents. The Landfill came
in 1963, and we have been living there, the water is contaminated in some areas, and whatnot, and
this is none of our doing. Ninety-four to ninety-nine percent of the people on the east end of Long
Island has used this Landfill to bring their garbage, oil, toxins, and everything, and all we are asking
for is a chance to have clean water, and I would like it to be considered that we could have the
Suffolk County Water Authority to put their lines down, and connect us. Thank you.
SUPERVISOR COCHRAN: We have been working with the Health Department and the Suffolk
County Water Authority, and our municipality. This is the first time all three agencies have really
sat down to try to determine what we can do. The Health Department seems to think that the water
in the area of the landfill (unintelligible) We are looking at it. This is the priority in town.
BARBARA TAYLOR: When will we know something?
SUPERVISOR COCHRAN: I wouldn't even want to guess.
BARBARA TAYLOR: Could we say in six months?
SUPERVISOR COCHRAN: Hopefully six month to a year.
8/1/00 9
COUNCILMAN ROMANELLI: The Health Department is slow.
BARBARA TAYLOR: Could we be informed by a letter or something to let us know what is going
on?
SUPERVISOR COCHRAN: Yes, it is being handled through our Planning Board, and yes, we can
notify and update you, and let you know as we know what is going on. If you would give us your
name and address. Okay?
CATHERINE TSOUNIS SIOLAS: Hello: My name is Catherine Tsounis Siolas, and this is the last
time I will speak to you on the upzoning of our property. I would like to give every Board member a
copy of letter that was sent to Mr. Wilmott, publisher of the Suffolk Life. I would hke to read a few
sentences from this letter written by Thomas McKenzie on July 7, 2000. Dear Mr: Wilmott, Some
people in Southold Township are treated more equally than others as can be seen in Mrs. Lane's
article on the rezoning of a one-acre parcel in Greenport, quote, sandwiched between San Simeon
By the Sea Nursing Home and land owed by St. Peters Lutheran Church. Then, the third paragraph,
who really looks out for the individual property owner? The Town Board, neighboring commercial
owners, neighboring residents? I don't know. Each does look out for himself, and the small owner
is lost in the shuffle. I would like to go down to his last paragraph. Southold ownership will not be
judged for how much it allows to be built but for how much it takes away from each individual
property owner, the less equally treated. We shouldn't let rezoning and those who propose it do this
to property owners. Respectfully, Thomas McKenzie. I would like to read the last paragraph of a
petition that has been given to you over a month and a half. We believe strongly that property
zoning should not be changed after a long period of time. The hamlet density of our property was in
the Master Plan of Southold since the 80's. The upzoning of our property will create a financial
hardship for our family. We will lose half of the value of our property in one shot. By taking away
the value of our property you are taking away our property rights as American citizens. This
upzoning will mark the end of the middle class landowners on the east end of Long Island, and the
small investor who put their lifesavings in property, and are now going to lose it. The rights of the
middle class property owner must be protected in Southold Town regardless of changes, and
political philosophies or administrations. Over seventy persons have signed our petition. They tell
me today they come for you, and tomorrow they will come for us. Thank you for listening to us at
three Town Board meetings. Our final statement will be delivered by Dr. John G. Siolas, co-owner
of this vacant land.
DR. JOHN SIOLAS: Good afternoon. I would like to reiterate what this petition is all about, and I
would like to ask you to seriously consider. I have been working very hard. I have been traveling a
lot from my work to my residence, and I put my lifesavings into this property, and I would like to
ask you to seriously consider not to rezone this property. Thank you very much.
SUPERVISOR COCHRAN: Is there anyone else who would like to address the Town Board?
JOE LIZEWSKI: I know you hadn't discussed Route 58 during the Work Session. It has been off
the Town Board agenda. I know the hearing is coming up, but I want to state that this original idea
really didn't originate Yvith this Board, that it originated about six and a half years. I was on the bus
with the United Southold Group that decided to do this, and that this was started back then, and it
wasn't this Board's idea. You might be following it through, and carrying forth the United Southold
bauner, but it is not an original idea. I know I sat on the bus with Valerie Scopaz, and Tom Wicham,
and John Townsend, and we rode that back road, and these decisions were starting to be made way
back then. I don't think anything is going to be gained by this. I think that the trust of government is
at stake. I think that people trust and they buy a piece of land, and it is zoned a certain way, that it is
going to stay that way. I think there is very little LB zoning left, and when the Master Plan was
done, and it took so many months to do, and it took a long time to do, there was an awful lot of
input, that this was the only area that this kind of business was warranted and wanted. It wasn't
wanted in the Hamlet Density areas, and it had to go somewhere, and this was were it was put. I
think that this whole thing is going to create a tremendous distrust of people investing in the future,
investing in business in Southold. Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
DAVE CICHANOWICZ: Good afternoon. Dave Cichanowicz, Southold, President of Southold
Business Alliance. Fortunately with the place that I have there, there is a fair amount of property
I ·
that allows me some room for groWth, which this town needs as we have more and more houses
being built out here. Of course, it is going to require more business to be servicing the people that
move out here. With the upzoning that you have proposed it is going to restrict more so what we
8/1/00 lO
have already, and for any of the businesspeople in town to survive in an increase in economy is
going to make it extremely difficult. I, again, ask the Board to consider potentially, you know, if
you are bound and determined to upzone these properties, then you must think about leaving
another area in the town where businesses can still survive, and/or grow, and at this point you are
looking at preserving the land completely without leaving any windows for the business
community. Again, I am not against the preservation of the land. I think it is a wonderful program
that you have, but when you start affecting what happens with the business community it is going to
affect everyone, and could turn into something similar to what is happening on the south shore now.
If any of you have taken a ride any day of the week at 7:30 in the mormng you will sit in traffic
backed up to Shinnecock Canal, and it is all contractor traffic coming ficom west, and I can very
much see that happening right here without the local businessman being able to expand, because
there will be no room for them to work out of. So, again, I request you to reconsider. Thank you
very much.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
WILLIAM MONTEFUSCO: My name is William Montefusco. I live at 475 Pacific Street. I have
to apologize. I am late. Regarding Number 19 on the list, the appeal by the ZBA of the tower.
Would it be too much for you to explain it to me?
COUNCILMAN MOORE: The Town Board discussed this, this morning, and we think the
Building Department made a mistake in granting the permit. A lot of work went into that Tower
Law a couple of years ago, three or four years ago, and ham operators came in, and said, gees
(unintelligible), and we made some loopholes in it, and we happen to believe that this application is
trying to take advantage of a loophole that we don't really think is there. So, we are directing our
Supervisor to file an appeal on behalf of the Town Board with the Zoning Board of Appeals. It is
very unusual for a Town Board to step in and tell the Building Department they made a mistake,
and actually appeal the Building Inspector's decision to the zoning. We think the Inspector is
wrong. We want the Zoning Board to reverse that. Apparently he is under construction right now.
WILLIAM MONTEFUSCO: Yes.
COUNCILMAN MOORE: He was notified that an appeal had been filed, Unless our Inspector
suddenly sees the light, and says, gee, Town Board, you are right and I am wrong. If he decides he
is wrong then he can issue a Stop Work Order. He still thinks he is right. An applicant goes forward
under a Building Permit, when that permit is the subject of an appeal. If you were to build a house,
and I was in neighborhood, and you got a permit incorrectly granted, and I took an appeal, and you
kept building, you don't get the benefit by going forward, and expect to take certain risks by saying,
gee, I really ought to wait and see how that appeal shakes out before I keep building. So, the Town
Board will be going forward.
WILLIAM MONTEFUSCO: Okay, I have become educated with how Martin Rosen thinks and
operates. I think he has enough capital behind him where he will probably take that risk.
SUPERVISOR COCHRAN: You called earlier?
WILLIAM MONTEFUSCO: I called earlier, ;vhere here? I just walked in. I came home late from
work.
SUPERVISOR COCHRAN: Can I ask a question? How far is he on the construction?
WILLIAM MONTEFUSCO: The tower is up. It is erect. Now, Ihave a lot of question conceming
the actual construction of it, because he had to pour cement pilings. That was only a week ago, and
the following week he puts the tower up. There is no way that cement had time to set. You know,
we are subject to nor'easters, and all kinds of...we had a tornado last year. What is going to
happen? This tower is, I would say, I am estimating you can't hold me to it, about forty feet from
each property line of Mrs. Simmons, and Mrs. Funn. If this goes down, and the children were
actually playing, these two girls right here, were playing in the backyard when this tower was
swinging over their heads they went running inside to tell their Grandma what was going on. There
was a train coming by, and we were out there wondering what was going on. We were kind of doing
a little hooting and hollering. A train was going by, and the tower was hanging over the train tracks.
I mean there Wasn't a whole lot of regard given for anyone's safety, anyone whatsoever. This
gentleman, Martin Rosen, has a tower right now, fi:om what I understand in Jamesport, 180 feet
high; The way it was explained to me, first offham radios are considered amateur radio. It is not for
business. It is not for sale. It is amateur. It is for entertainment purposes to educate other ham
8/1/00 11
operator owners, that are less informed on how it works, and all of that. Now, what he told us was
that he was using his ham radio to dispatch his tracks for his trucking company, which kind of is
against the whole ham procedure, amateur radio. It just doesn't jive. I have a copy of it, the
definitions on exactly how it is supposed to work. Maybe you want to take a look at that. Now, the
way I understand it, I work for Bell-Atlantic, I know how cell towers work. I work on them. I
provide fiber optic network m them. I know how they work. It works where they have to have an
array or series of antennae, so that they have no dead zones. If they have a dead zone they lose
customer service. That was the whole issue a few years ago when they tried to put it up over by
Ditan, and I believe by the fire department. I remember something about that. I don't recall exactly
what it was. They were thinking about maybe putting it there, and paying them rents to have the
tower. I forget how it actually panned out. Now, the phone company, the wireless phone company
will say, cell phones are a necessity. They really aren't. I have a cell phone. I consider it a luxury. If
I didn't have the cell phone I would go find a pay phone, or if I got stuck I would knock on
somebody's door. The way I understand a ham radio works is you don't need an array, you don't
need a network of antennas. Why can he have one five miles away in Jamesport, a hundred and
eighty feet, and he can have another antenna five miles in Mattituck for the same purpose? I know
for a fact that he is going to be selling space on that tower. He calls in an antenna.
COUNCILMAN MOORE: I will take it at face value what he is professing.
WILLIAM MONTEFUSCO: He is not an honorable person.
COUNCILMAN MOORE: I won't even get into that. We think an error was made.
WILLIAM MONTEFUSCO: A big error, yes. If for no other reason if it was a ham radio, if for no
other reason it is too close to these...it is huge. It is too big.
SUPERVISOR COCHRAN: Greg has a question.
TOWN ATTORNEY YAKABOSKI: (unintelligible)
WILLIAM MONTEFUSCO: It kind of fikered down.
TOWN ATTORNEY YAKABOSKI: You also mentioned (unintelligible) on the tower.
WILLMAM MONTEFUSCO: Well, that is how it works. I am learning, too.
TOWN ATTORNEY YAKABOSKI: With a monopole, can you sell space without adding a
second terminal?
WILLIAM MONTEFUSCO: I couldn't really say so much with a monopole, because it is simply
that. It is a single pole where they have an antenna. They can, just driving here I saw behind the
Southold Police Station. It is a tower, but it is a cylindrical tower, and they actually mount an array
on the side that fans out this way.
TOWN ATTORNEY YAKABOSKI: I have not seen this tower. Is it a monopole?
WILLIAM MONTEFUSCO: No, it is not: Right now it is 120 foot high. I can estimate the base is
probably about a twenty foot spread. It is tremendous. It really is. That is just a guess. I am really
just trying to state my opinion. I wish I could give you more. Maybe we can talk a little bit later. I
wish I could tell you more. I am a big proponent of your Land Preservation. I voted for it. I am
100% for it. The extra money you get from the sale of houses, the luxury tax, I am for it, because
this is the quality of life that I want for my family, and for my children. Right now it is terrible, and
I am sorry. I know I am saying it again. It is terrible that, you know, you hear about what they are
trying to do in Orient, and they want additional parking, and I am against it. I really don't want it for
the Sound Ferry. But, now it is fight in the back yard, and it really is hitting close to home now. It
will be real interesting if it goes through, and he puts a flashing beacon on top, because I can't even
imagine. Right now if you drive past there in the evening it is like lunar park. The place is lit up like
a Christmas tree, and I tell you what you have to have all the blinds down in your house to go to
sleep. It is terrible. He has lighting in the front, spotlights facing each driveway. Apparently
someone did a little damage. I can't see the back of the house, but there is a light in the back of the
house illuminating the entire back of the house.
SUPERVISOR COCHRAN: Does anyone have any information that might help us with this? Are
you finished, sir. I am sorry.
8/1/00 12
WILLIAM MONTEFUSCO: I pretty much said it all.
DAVID FOHRKOLB: I am David Fohrkolb. I reside at 11875 Sound Avenue, very close to Mr.
Rosen's antenna site, which basically that is what it is. It is an antenna site, commercial radio,
communications companies, and cellular companies call where they put their antenna, they call it a
site. This isn't a home for Mr. Rosen. This is his antenna site. It is a building, it is a house fenced in,
fenced m property that is obviously going to be used as a site, as a cell site, or an antenna site. I
know Mr. Rosen is an amateur radio operator. I am an amateur radio operator myself. If I firmly
believe that Mr. Rosen was putting this site up, this antenna structure up to help the community and
the amateur radio operators in Southold Town, I ~vould be all for it, but we know Mr. Rosen has
ulterior motives here. It is obviOus from the past this antenna tower that he put up this is not a light
duty small tower. This is that of construction that can hold multiple antennas, multiple cell carders,
and multiple heavy-duty business band communication antennas. I would like to think that Mr.
Rosen was going to put an amateur radio antenna on that, but I don't believe that is what he is
getting at here (tape change) I think it is just wrong. It is my opinion on it, but you know I just
wanted to speak and let you guys know that. Thank you.
TOWN ATTORNEY YAKABOSKI: You said you were an amateur ham radio operator?
DAVID FOHRKOLB: Yes, sir, I am.
TOWN ATTORNEY YAKABOSKI: Can you with your radio in your house can use that phone
(unintelligible)
DAVID FOHRKOLB: Right now it is just an antenna structure fight now, It is just a tower. It is the
groundwork. It is laid out. I mean ....
TOWN ATTORNEY YAKABOSKI: Is he going to add something to the top of it?
DAVID FOHRKOLB: Yes, he is going to put antennas off the top of it.
TOWN ATTORNEY YAKABOSKI: Right now it is not antennas. It is a foundation. It is an
Erector set right now.
DAVID FOHRKOLB: For all purposes his mission is done. His tower is up there. I mean he has
got the groundwork laid out to put his communication equipment on there.
TOWN ATTORNEY YAKABOSKI: Can he put a single manifold on it right now?
DAVID FOHRKOLB: One single aerial.
TOWN ATTORNEY YAKABOSKI: Yes, if he did that would you as a ham operator be able to use
that?
DAVID FOHRKOLB: That is up to him depending on what type of equipment that he wants to put
in there, and if he wants to make it an open system like Peconic Amateur Radio Club, which I am a
member of. I pay dues to that. It is a non-for-profit organization. The dues are just to support our
club, and the upkeep of our equipment. Nobody profits off of it, and the systems are there in place
that at a time of, say, natural disasters, the amateur radio community can assist the Police and Fire
Department, and whoever needs our help. Plus it is there for us to talk about radio equipment
communications, and it is for learning really. The Federal Communications Commission gives the
amateur radio operators a piece of every spectrum from zero megahertz up to 999 megahertz. Okay?
They give us a piece of each spectrum to use for educational purposes, I guess you would call it.
Like I said, not for profit. The reason I am up here is because Mr. Rosen I believe that you wouldn't
spend this type of money, and buy this piece of property to form this site to put up just one amateur
radio antenna.
TOWN ATTORNEY YAKABOSKI: Are you familiar, or do you know if any of your club
members are familiar with any other? It seems to me...do you have an antenna at your house?
How do you communicate with ham radio?
DAVID FOHRKOLB: Peconic Amateur Radio Club has an antenna on a Greenport water tower,
which we utilize that through a repeater, a remote site, to talk to each other, and there is also some
other ones, you know, in Southampton, Easthampton.
8/1/00 13
TOWN ATTORNEY YAKABOSKI: That you all can utilize.
DAVID FOHRKOLB: I guess at the Police Department in Easthampton they have a big tower site.
TOWN ATTORNEY YAKABOSKI: You use a small antenna on your roof, or a hand held one?
DAVID KOHRKOLB: Exactly. There are many different things you can do with amateur radio,
but that is what I utilize, and what most of the people around here do. I guess that is it for me, but if
you have any other questions I will try to answer them. I am pretty good with the amateur radio.
Thank you.
SUPERVISOR COCHRAN: Anyone else on the tower?
ALICE FUNN: My name is Alice Funn. I am the closest one to the tower, and my neighbor is the
next one. Right now I hate to go out in my backyard, definitely, to look up. When he first came in
there before he started building the tower, he moved a truck in there, plus he put up boards on the
side. I don't know what'that was for, to stop my view, which I am glad he did, because I didn't want
to see it. Now that it has gone up I don't want to see the base. I haven't been out in my yard to even
hang clothes. That is the way it is. Right now we hardly use the back, because there is such a
distraction there, and Saturday when it was going over the house the kids came in yelling to me,
Grandma, Grandma, it is over the house. That is when I ~vent out, and a bystander was there, and he
told me, is this where you live? [ said, yes. He said, if I were you for your safety I would call the
Police. I did. He came up. He said, did Mr. Rosen let you know that this was going up today? I
said, no, he never let me know anything. So, with this I definitely do not want it there. It has ruined
the vicinity, not only for me for everybody around there, and why would we want a tower there. IfI
wanted to sell my house in years to come the value is going down. Who would want to live there?
Right now I have Penny on one side, him in the middle. I don't need that, as a citizen, a taxpayer.
Thank you.
SUPERVISOR COCHRAN: Thank you, Alice. Anyone else like to address the Town Board m
relation to the tower?
HATTIE SIMMONS: Your honor, Mrs. Cochran, and to the Board, I live next door. The tower is
in between Alice and I. We really don't have a home anymore. We may as well face it as 'it is. I
have not hung clothes out since he began. I have not opened my back windows since he began,
because there is smoke. There is steam from the big engines, and we have been there so long it just
seems like they are taking our home from us, and we are not second-class citizens. We pay our
taxes. We live well. We hold our heads up, and we consider ourselves somebody, but for this to
happen to us I don't know what is going to happen to us. I don't know what is going to happen to
Southold Town. I have some of my family and friends to visit me from Virginia, and I always boast
of Long Island. I said next to Virgima it is God's country, but not anymore, because I am
embarrassed, and I tell you the troth I am embarrassed at whoever is in charge would allow this to
happen to citizens like Alice and I. Well, I don't know who is in charge, who makes laws, who
breaks them, but I know you can make laws, and if laws hurt someone they can be broken. This is
d ' '
common sense, and I on t think we have to straggle, or to do a lot of talking but if something hurts
you, or me, there are things that can be done about it without such a long delay, and I have two
great-grandchildren, and thank God they are in Oregon for the summer, because they come and play
in my backyard, but if this goes up, and God forbid, and I am speaking to people who really think
well, and know how we feel, because this is our home. I have been on Long Island. I came to New
York at the age of 18. My mother and dad, I think I told you before worked over in East Quogue.
My mother was a waitress at one of the big hotels there, and they had three girls. One of my sisters
passed. You may not be interested in this, but this is giving you a background of my family. So,
there is the t~vo of us now, but we have always lived on Long Island. My sister and the Funns, my
God we are old-timers here, and for this to come we are embarrassed, and I think if you, anyone of
you are in our place that you, too, would be embarrassed. So, Alice and I, we are pleading, we are
asking you to do the human thing. Help us, and do whatever you can. Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to the towers?
ROBERT HUBBARD: My name is Robert Hubbard. I live on 16300 County Road 48. I am also a
Deacon, and a Treasurer of the First Baptist Church, Cutchogue. We have a problem at our church.
The water is not very good. I had the Health Department, Jeff, came down here to respect the water,
and it is not best to even drink it, but he said he would come back and let us know he will test it
again, and find out what's the problem. Also up on Alvah's Lane, and County Road he tested the
8/1/00 14
water up there because a couple of homeowners called, and said they had gas in their water, so he is
investigating on that, working himself through on that part. They can't drink their water. We got a
little problem right up through that area. Thank you. I just wanted you to know what was going on.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
JODY ADAMS: I wanted to, first of all, ask Mr. Romanelli, you were the one that announced that
the foil appeal was being set for two weeks from now, because the applicant failed to appear?
COUNCILMAN ROMANELLI: That is not what I said.
JODY ADAMS: What did you say?
COUNCILMAN ROMANELLI: What I said was you were not there when we got to it on our
agenda, we actually put it off, because as we spoke earlier the meeting got delayed because of our
Executive Session this morning, and we got delayed. You were not there when it hit our agenda.
That is why we decided let's not talk about it without you.
JODY ADAMS: Thank you.
COUNCILMAN ROMANELLI: We set it up for an actual time and date, so you can work it into
your schedule and be there so we all can talk about it with both sides of the table.
JODY ADAMS: Will I be able to speak?
COUNCILMAN ROMANELLI: By all means.
JODY ADAMS: Will I be able to speak, Mrs. Cochran?
SUPERVISOR COCHRAN: It is an appeal.
JODY ADAMS: Okay. May I ask your Town Attorney a couple of questions? Did you tell Mr.
Forrester that he did not have to put in writing the fact that...he claims is a fact that Betty Neville
and possibly you and he were going discuss whether to charge for a search of the information that I
wanted? I didn't expect to be able to discuss the appeal in two weeks, and I am glad. This may be
premature. My appeal is based on the very simple fact that the information was not given to me
within the five days. A week or two after the five days passed I ran into Mr. Forrester. Mr. Forrester
told me the reason they weren't doing it was because the search would be extensive, and they were
discuss whether or not they could charge for the search, and I said, okay, with'm five days you
should have put that in writing, and let me know when this be made, and etc., etc. But, again, this
was later repeated by the Town Attorney, according to Mrs~ Neville that his belief that noth'mg had
to be in writing within five days. In other words he did not seem to know the law, and I am
wondering if there is a problem, or why? Was there an error by Mrs. Neville? Did you say that?
Did you inform Mr. Forrester of this, because who is teaching people about this law?
TOWN ATTORNEY YAKABOSKI: The advice I gave to you, the Town Board and department
heads is not something I can disclose.
JODY ADAMS: Can you speak up?
TOWN ATTORNEY YAKABOSKI: The advice I give to you, the Board or the department heads
is not something I am at liberty to disclose to a question like that. I can tell you as a matter of
practice for foil requests. Betty does an excellent job with handling the foil requests. We also at
times, if we have questions, we rely, we seek out and rely on advise from the Committee on Open
Government, Bob Freeman from the New York Department of State, and my experience I think
Southold, I will give a little plug here, has a very open policy: I know you come in often for a lot of
foil requests, which is fine. The Town has a right, does not exercise it's right, but has a right to set
certain hours for viewing.
JODY ADAMS: I don't believe it does anymore. The law has progressed as has the regulations in
regard to, and I don't think your have followed it. This is an important law to those of us...
TOWN ATTORNEY YAKABOSKI: I can tell you I have been on the phone with Bob Freeman on
numerous occasions regarding Southold's policies.
8/1/00 15
JODY ADAMS: Ask him whether you can restrict the hours.
TOWN ATTORNEY YAKABOSKI: We have always been on course with Bob Freeman, and the
Committee on Open Government.
JODY ADAMS: Okay, I am suggesting to this Town Board that in point of fact you as Town
Attorney are very possibly giving false advise in several different areas. You are not pursuing law in
certain areas, which is why these .. ~Have you been here all along? Hi:
SUPERVISOR COCHRAN: Jody, address your marks to the Town Board, and not the television.
JODY ADAMS: My dear, I did not know the television was there. Can someone read me back my
last statement if we are going to be in a court of law? Okay, I have like these sad people with their
dirty water, and these other sad people with poles putting out God only knows what, which can be
very terrifying, or perhaps will fall on their head, and perhaps no worse than a tree. I don't happen
to know. It is touching, and we don't like change in our lives, any of us. Be that as it may I have
here, again, another law, and this is a condition of the ZBA that you are all appealing to in relation
to the self-storage unit. These were conditions established by the ZBA supposedly enforced by the
Building Department, and/or the ZBA, and/or the Town Attorney. They have listed a variety of
things that are not supposed to happen. One of them is, no storage of vehicles, trucks, or major
equipment, boats, etc. Now, in my little unit there, that I am more or less living in, today a large
truck drove up, and they are going to be storing it there. No,v, I have tried to get the Town Building
Deparmaent, the Town ZBA, and the Town Board, and the Town Attorney to pay some attention to
the violations of conditions by this self-storage unit, which in fact may ~vell be injuring my health,
as well as. Liberty Self Storage is the only self-storage in Southold.
COUNCILMAN MOORE: It is not residential.
JODY ADAMS: This is what bothers me. Nobody knows anything about anything, The ZBA when
they grant certain exemptions, exceptions, permissions, will set conditions just as a lot of other
agencies.
SUPERVISOR COCHRAN: We are aware of it.
JODY ADAMS: But, you aren't aware of it, Mrs. Cochran. When Pudge, Mr. Grey, first built this
there were a variety of conditions set by the ZBA. Some of them were followed by Pudge. Some
were not. Some are perfectly legitimate. Some are certainly subject to question. He sold this place
two years ago. The new people have really changed the tenure of the place entirely. They have put
in a mechanical thing, a mechanic's, what do you call it? A service station, which is in violation
essentially, because permission was not given, and, they are of course emitting noise, fumes, etc. I
have mentioned this before. Who enforces this? Why isn't it enforced? Would someone like to tell
these people, who are renting there that in a point of fact they can't store their car here because, you
know, this condition was set by the Zoning Board, and if not, why not? If so, how are these things
handled, and why aren't they followed?
COUNCILMAN MOORE: (Unintelligible)
JODY ADAMS: A hundred times, and he supposedly discussed it with your Town Attorney, and I
have discussed it with a zillion different people. All of them tell me something else, none of whom
~vill do anything. Comment?
COUNCILMAN MOORE: (Unintelligible)
JODY ADAMS: How do you get it enforced? The Code Enforcement Officer say, I will have to
do this, this, this, and this. Mr. Goehringer said, well, we will have to decide whether we want to
enforce it. The Town Attorney as far as I can tell either is involved, or is not involved, because Mr.
Forester does not clearly express himself often. Who is the Building Inspector incidentally who
approved the tower, please?
COUNCILMAN MOORE: We don't know.
JODY ADAMS: Can anybody appeal any decision of the Building Department that they don't like?
Under what circumstances? Do they have a Special Exemption to build this tower?
COUNCiLMAN MOORE: (unintelligible)
8~/1/00 16
JODY ADAMS: Then how can you appeal it?
COUNCILMAN MOORE: The Town Board has the right.
JODY ADAMS: But, I wouldn't.
COUNCILMAN MOORE: (Unintelligible)
JODY ADAMS: Somebody is immediately affected by it.
COUNCILMAN MOORE: We have special districts.
JODY ADAMS: Okay, as I said my feeling is in dealing with Mr. Forrester and to a degree the
Building Department generally, and more or less through him your Town Attorney, you are not
enforcing laws, you are clarifying situations such as this saying, who should be doing what, and
how should it get done, and why isn't the inspector doing it immediately? They have signs up, that I
have asked them to look into which may not be legal. They have this mechanical thing, which is
very possibly illegal: In running and operating the thing they are violating a variety of conditions
and some of the reasons for these, you know who knows, it was twelve years ago, would they still
hold up, I don't know, but why aren't they held to a hearing or something where these issues can be
addressed by the neighbors, and those who are affected? I really meant to bring this up in two weeks
in regard to all your change of zoning, because some of those people will be going...
COUNCILMAN ROMANELLI: I don't know where you are going with this.
JODY ADAMS: I am saying, you are rezoning property. You are saying you are going to be, and
you have all this business about...
COUNCILMAN ROMANELLI: I just need to get on track here. Are we talking about the self-
storage on Horton's Lane, or are we talking about rezoning property throughout town, and the Town
of Mattituck?
JODY ADAMS: I am not talking about the Town of Mattituck, except to ask you who the Building
Inspector was, that was it.
COUNCILMAN ROMANELLI: Are we talking about the self-storage on Horton's Lane, things go
on there that should go on there?
JODY ADAMS: Yes, that is one thing I would like to know, and who does something about it,
~vhether the conditions set by the ZBA?
COUNCILMAN ROMANELLI: The complaint has to come for someone to follow up on it, and
then the Code Enforcement go and look to see if they actually are breaking the law, but a complaint
has to come in first, and when he is there he will look at any complaints that come in, or any other
violations that he sees. So, I think that handles the self-storage.
JODY ADAMS: No, it doesn't handle the self-storage. I have been trying to get this done, and
trying to get them to live up to this, and trying to get the ZBA to call them in to find out who is
responsible for enforcing these laws, and nobody is doing anything whether it is pushing it off one
person to another, depends on the Town Attorney, depends bla, bla, bla, or they are simply refusing
to do it, and if the Building Department is refusing to do it's job don't you care, do you care?
COUNCILMAN ROMANELLI: Of course, we do.
JODY ADAMS: Well, what are you going to do about it?
SUPERVISOR COCHRAN: We are going to take it trader advisement.
JODY ADAMS: And what? What will happen after you take it under advisement? In two weeks,
you are not going to meet again for two weeks? This car is going to be moving in next to me
illegallyl It is going to be emitting noxious odors.
SUPERVISOR COCHRAN: Over there? Are you living there again?
8/1/00 17
JODY ADAMS: Well, they don't let me sleep, but I spend...
SUPERVISOR COCHRAN: You are doing everything out of the storage?
JODY ADAMS: Essentially.
COUNCILMAN ROMANELLI: That is against Code, too.
JODY ADAMS: No, no, no.
SUPERVISOR COCHRAN: You live down Spring Lane?
JODY ADAMS: Wherever I am, Mrs. Cochran, I am not going to have your son arrest me. Thank
you. I will keep to myself where I am. You know, where I am is I am. My belongings are in
Southold Self Storage. I spend time there. Let's put it that way. I type there. I have a manual
typewriter, so I spend more time in it than perhaps some other people do. Again, illegally I think
people used to spend a considerable period. You know, people of various professions operated out
of there before they could operate at home or something, but because they are not built, you know,
to any protective thing, it someone runs an engine, you know, you are going to inhale it. Now, I
don't want to do that, and plus I simply don't like the fact that all of these things are just being
totally ignored. They can be thrown out. They can be discussed. The reason they were imposed can
be discovered.
SUPERVISOR COCHRAN: I am questioned whether you can legally use self-storage as offices all
day long?
JODY ADAMS: These are some of the questions that need to be addressed. There are a great many
of them, but the contracts between the town, well, say these are the contract where Pudge agreed to
do certain things. Some of them they did. They did not have toxic businesses in those front
buildings where they now have this mechanic, and they have this long term... Pardon?
COUNCILMAN MOORE: We will have Ed Forrester take a look at, go back and see if there are
any violations.
JODY ADAMS: Would you tell him that people in Unit 249, who have just rented as of today, very
reputable people, are putting their household or whatever things in, and then they intend to store a
jeep in that unit. If he would study this thing, and find out if that is legitimate I can tell him or
anybody what those people told me. I can tell you where they are. It is not straightforward. You
know, it requires a little bit of this and that, but these are facts, and these are facts that have been
going on for several years, and nobody has done anything, and it seems to me there is a failure, a
total failure.
SUPERVISOR COCHRAN: We will check with Mr. Forrester.
COUNCiLMAN MOORE: All the violations over there.
JODY ADAMS: He hasn't looked at anything, and I would appreciate insulted because I know
more about it than most people. You know, I have been spending some time there. I would, also, I
mean again, your foil response I was told by Mr. Forrester whether your attorney will not tell me
whether or not this was something he told Mr. Forrester. Mr. Forrester told me he didn't have to put
anything in writing. I have here, and since I am killing time, and everyone has left I will, if I can
find it, read it to you so you know in the furore, Mr. Town Attorney. Request for records.
TOWN ATTORNEY YAKABOSKh (Unintelligible)
JODY ADAMS: Yes, but that is terrific, but that is not being followed, and your employees don't
know about it. So, for the record I am going to read this. Mr. Forrester perhaps will hear it. Okay?
TOWN ATTORNEY YAKABOSKI: (Unintelligible)
JODY ADAMS: Then why did Mr. Forrester tell me he didn't have to do it? Why did you tell
Betty? Did you tell Betty to give me that letter yesterday, which I was supposed to refile my
appeal, when my appeal is perfectly legitimate?
8/1/00 18
COUNCILMAN ROMANELLI: This is all part of the appeal that we gave you time on the agenda
two weeks from now to ask your foil questions, and you have requested them, and why the foil
information wasn't given to you. If you want to handle it now, that is fine
SUPERVISOR COCHRAN: No, we are not going to sit here during the Town Board meeting. You
are scheduled to come in in two weeks.
JODY ADAMS: I understand it, if your son hasn't arrested me, Mrs. Cochran, I will make every
effort to be here.
COUNCILMAN MOORE: (Unintelligible)
JODY ADAMS: We ought to go into that sometime.
COUNCILMAN MOORE: No, no.
JODY ADAMS: Oh, yes, we really ought, because like the Town Attorney who won't tell me
anything you are an attorney who won't tell anybody anything, and therefore we have a police
department that is not functioning as one would hope a police department would, and we would like
to discuss these tickets, and the rewriting of sign? Would that be interesting? Why not? You don't
want to talk about foil? I haven't been here in two years.
SUPERVISOR COCHRAN: Jody, we have a hearing scheduled for you on the fifteenth.
JODY ADAMS: On foil, but you don't have any hearing on police conduct, about the incident in
Greenport. If the police in fact crossed out information on a sign particularly after the fact. Now,
this I am not sure of whether it was before the fact or after the fact. Is this justifiable.
SUPERVISOR COCHRAN: I am not going to discuss it.
JODY ADAMS: Use your recuse. How about the rest of the Board? It is too personal to you. Isn't
this something that the District Attorney should look into to find out if they did it, if in fact it is
legal. We need to know this. Mr. Price, you have not shared with us anything.
COUNCILMAN MOORE: It isn't Mr. Price. It is Mr. Moore.
JODY ADAMS: Well, you look like a Judge to me. Sorry.
COUNCILMAN MOORE: I didn't take it as an insult.
JODY ADAMS: Either way, you put your little fmger on the computer, you don't work on the
police problems that exist in this town, and some of them have been brought out by various people
in lawsuits, some of which are pending, and certainly they have been brought out by Mr. Kapell,
and I have talked today....Correct or incorrect? What he said is worth discussing? Why not?
Because you are a lawyer, right? You are not a judge now. I am doing better. You are not a judge
you are a lawyer.
SUPERVISOR COCHRAN: You have had the floor long enough.
JODY ADAM: But I have gotten no answers.
SUPERVISOR COCHRAN: Not today. Thank you. If you would like to come back for a hearing,
we would be very happy to hear your complaints.
JODY ADAMS: I am not finished.
SUPERVISOR COCHRAN: I think so. You have had the floor for almost a half an hour. I don't
think I have any difficulty in say, please, at this point.
JODY AD32MS: I have a few other things. I have not been here in two years, so I have a lot to say.
SUPERVISOR COCHRAN: Is there anyone else who would like to address the Town Board? Yes,
sir?
JOHN SIDOR: On the rezoning on Route 48 in the Mattituck hamlet is there any agenda for today?
8/1/00 19
SUPERVISOR COCHRAN: No.: In two weeks.
JOHN SIDOR: In other words I can't talk about it.
SUPERVISOR COCHRAN: You can talk if you want, but you would be smart to come to the
heating. Either way it is recorded.
JOHN SIDOR: Okay, I am John Sidor. I own a building with a cousin Marty Sidor in Mattituck
across from the railroad tracks from the railroad station. I bought the building from my father and
uncle's as an investment for the future. It was used to grade potatoes, and as a warehouse. I no
longer raise potatoes and consider selling or renting it. If you downzone it from Light Industrial to
Limited Business you will definitely limit the people who may be interested in it. I have limited
access to it from the front, as I only own about three feet of property from the building. I lease the
driveway in front of it to the Long Island Railroad, and don't know if they will continue to do so for
a new owner or tenant. I feel with limited access in the front it would be better suited Light
Industrial rather than Limited Business. An appraiser has advised me that the property would
definitely be decreased in value if there were a zone change. I am definitely against the zone
change. I expect the town to compensate landowners for the difference in value for downgrades of
property with a zone change, much as the same way they buy development rights on farmland.
Thank you.
EDWARD KOSTER: My name is Edward Koster. I have a machine shop up on 48, and I wish I
was as eloquent as Jody. I will make this short and sweet. Have any of the Board members visited
the small properties that are making most of the people all upset?
COUNCILMAN ROMANELLI: Yes, we have.
EDWARD KOSTER: You have? I have a third of any acre, and I have a building on it, and a shop.
It can't really be used for agriculture as far as I can see, and yet they want to rezone it for
agriculture. If they could come and see where I could put anything for agriculture, and let me know
what I could do with the building after it is rezoned. I would like to in the future retire and sell it as
a shop for some reason or other, an antique shop, or something, but I would not be allowed to do
this if it was rezoned for agriculture: I don't think. It would be very limited.
SUPERVISOR COCHRAN: Mr. Koster, may I have your mailing address?
EDWARD KOSTER: Box 1357, Southold. Thank you.
WILLIAM PENNY: My name is Bill Penny. You guys all know me. I guess I was here what six
months ago saying the exact same thing. I am just going to say it all over again. I started the
business about twenty-some years ago on the Main Road. I came to Southold Town. I talked to
them. I talked to the Board of Health. I told them the building that I was planning on buying. They
said, oh, that is great. That is exactly where we want your sort of business, so for twenty years we
have been paying a mortgage, and putting additions onto the building, and nmning the business
there. I have a hard time believing that at this point that my zoning could be rechanged. I mean this
is my life: I really don't think that, like the gentleman before me said, I think they should come
down and see the businesses, and see what they are trying to change. It seems like we have an awful
lot of hard times with the town about a lot of stuff up there, where we tried to cooperate, and
nobody wants to cooperate with us. We still after twelve years don't even have CO's on two
buildings that are finished, and the Planning Board, and the Building Department have everything
ready for us but will not give it to us, and we comply. The changing of the zoning to me is really
wrong for pre-existing businesses. I just don't think it is fair. It is going to make the property
probably worth half of what it should be worth, and I think you should all, you know, really
seriously think about, you know, changing at least, you know seriously think about you know
changing at least, I mean pre-existing business that have been there twenty some odd years. It also
seems to me to be very selective. I don't understand why particular places are being picked out
when other places are not. I don't understand that either. There are a lot of other businesses on the
North Road, and a lot of other places that don't seem to be touched with this. That's it. I mean it
seems like kind of every six months I got to come down and say the same speech. You know, I
really think that they should just put this to bed once and for all, and you know, like I said pre-
exisiting business I really think should be left alone, because I don't really think it is fair to people
especially when they have been there that long. Twenty years is a long time for somebody to be in a
business. That's it.
8/1/00
20¸
SUPERVISOR COCHRAN: Thank you. May I have a motion to adjourn?
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 5:55 P.M.
Vote of theTown Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Supervisor Cochran.
This resolution was duly ADOPTED;
Southold Town Clerk
· John A. Cushman
CENTRAL DPgTA PROCESSING
John Sepenoski
53095 Route 25
P.O. Box 1t79
Southold, New York 11971-0959
TOWN OF SOUTHOLD
OFFICE OF THE SUPERVISOR
Telephone (631) 765-4333
E-mail: accounting@southold, org
CENTRAL DATA PROCESSING
Telephone (631) 765-1891
E-nmil: dataprocessing@southold.org
Fax (631) 7654366
GENERAL PROCEDURES TO FILL AN EMPLOYMENT POSITION
1. The Department Head notifies the Accounting Dept. that a position needs to be filled.
The Accounting Department deteJ'm;nes if a position is available. If a position is
available, go to step #7. If a position is not available, the Department Head prepares a
draft description of duties, responsibilities and minimum qualifications and submits
same to the Accounting Dept.
From the draft description of duties, responsibilities and minimum qualifications
prepared by the Department Head, the Accotmfing Dept. prepares a Duties Statement
for the position and indicates the number of positions requested. After the Supervisor
si~n~ the Duties Statement, it is then submitted to the SufFolk County Department of
Civil Service for dass'ffication (e.g., Competitive, Non-Competitive, Exempt or
Labor), appropriate rifle verification or revision.
The Department of Civil Service re~,s the Duties Statement to the Accounting
Depam~ent with the title indicated, the classification and the Duties Statement
number.
If this is not a new tire, go to step #7. If class'riled as a new rifle, the Supervisor
notifies the CSEA President of the Town's intent to create a new position and rate.
The CSEA is given fffieen (15) days to meet with the Supervisor to discuss the new
title and provide input on the salary rate for same.
6. The Town Board considers the input provided by the CSEA for the salary, then
creates the position and sets the salary of same by resolution.
For positions classified as Competitive and full-time, the Accounting Dept. requests a
"List of Eligibles" l~om the Department of Civil Service. For positions classified as
Non-Competitive, Exempt or Labor, or for part-rime or seasonal positions, a
newspaper ad may be placed, but the Town Board must approve placement of the ad
by resolutiun before the ad is placed.
Page 1 of 2
8. Upon receipt of the "List of Eligibles" or after the due date for applications, the
Accounting Dept. coordinates a date and time for interviews with the Department
Head and secures the Conference Room for that date/time. The Accounting Dept.
then canvasses the list, posts the position, malnta~ins a list of responses and schedules
interviews with prospective candidates.
9. The Department Head conducts'the interviews along with those Town Board members
wishing to participate.
10.
!1.
12.
13.
Upon completion of interviews, the Depa,~m,ent Head sends a written
recommendation, utilizing the attached form, to the Accounting Department. The
Accounting Dept. prepares a resolution for consideration to the Town Board.
The morning after the Town Board meeting, the Town Clerk's Office notifies the
Accounting Depat iment of all Board approvals and subsequently forwards appropriate
approved resolutions to the Accounting Depmiment.
The Accounting Department then notifies the Department Head of any Board
decisions pertahfing to his department regarding personnd confirming the start date,
position title and salary. In turn, the Department Head notifies the new employee of
the Board's action. The Accounting Department then sends a follow-up letter to the
new employee with a packet of paperwork to be completed and sends letters of regret
(to those who interviewed for the position but were not hired.)
Once an individual is Board approved for a position with the Town and all required
paperwork is received by the Accounting Department, said employee's information is
entered in the computer system for payroll processing.
Page 2 of 2
~ John A. Cushman
CENTRAL DATA PROCESSING
Iohn Sepenoski
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-4333
E-maih accounting@southold.org
CENTRAL DATA PROCESSING
Telephone (631) 765-1891
E-mail: dataprocessing@southold.org
Fax (631) 765-1366
TOWN OF SOUTHOT,D
OFFICE OF THE SUPERVISOR
MEMORANDUM
TO:
Iolm Cushman
Accounting Department
FROM:
DATE:
RF_,: New Employee Recommendation
I am recommending that the following person be hired by the Town of Southold:
Name:
Position:
(Please PrinO
Department:
Salary: per
Start Date:
Check One:
Full-Time
Part-Time
Seasonal
(If seasonal, indicate start and end dates: __ to