HomeMy WebLinkAboutTB-08/29/2000SOUTHOLD TOWN BOARD
AUGUST 29, 2000
WORK SESSION:
Present: Supervisor Jean W. Cochran, Justice Louisa P. Evans, Councilman William D. Moore,
Councilman Brian G. Murphy, Councilman John M. Romanelli, Town Clerk Elizabeth A.
Neville, Town Attorney Gregory F. Yakaboski.
Absent: Councilman Craig Richter will not be present at the work session, but will be present at
the regular meeting.
9:00 A.M. Appointment - James Bunchuck Solid Waste Coordinator, Landfill Update -
Mr. Bunchuck advised that there are several budget modification resolutions on the agenda.
Resolution No. 10 is for the purchase of garbage bags because we are running out of bags at the
landfill. This also means that there has been more income, too. Resolution No. 13 is to
authorize the Town Clerk to advertise for bids for the landfill cap should we be ready to go, so
that we don't have to wait until the next meeting to act. Mr. Bunchuck reported that they are
currently working on three items from the task list which they have committed to complete: (1)
Final grading of the recharge basins; (2) Cox Lane access property which has to be prepared for
access for the contractors; and (3) screening the soil in preparation for the capping of the
landfill. He is currently working on contract documents for this project. They have to be sure
that the $2M grant contract with DEC is included with the general contract that Dvirka &
Bartihicci has worked up. The Town Attorney has gathered all of the information on the land
owners for the easements. Mr. Bunchuck and the Town Attorney will start contacting the
property owners to try to get their sign-offs on the easements. A large of amoan.t ofwoodchips
have accumulated at the landfill which they are giving away free to clear the way to ready for
the landfill closure. The problem is that when a commercial truck comes ~n to pick-up the free
woodchips, they are charged the $30. or $60. single entry fee. Mr. Bunchuck asked that the
single entry fee be waived for all vehicles picldng up free woodchips. The Town Board
placed Resolution No. 26 on the agenda. Supervisor Cochran advised that a letter has gone
out to Mayor Kapell regarding the contaminated arsenic soil at Mitchell Park. There is 3,700
cubic yards that the DEC has tested and is allowing us to take in at the Landfill. Assistant Town
Attorney Mary Wilson has drawn up a draft contract for it, so we will be ready to move on it.
Mr. Bunchnck said that once they start, there is going to be a lot of trucks coming in with loads
of this material and it is very important to monitor where it is going on the property. Supervisor
Cochran has assigned Jamie Richter to monitor the Davis Bacon Wage Act compliance on any
projects that it is required on, and she is also assigning him to monitor the receiving of this
material. Councilman Romanelli advised that he received a telephone call from Mayor Kapell
yesterday and he wanted him to relate to the Town Board that he estimates 2,200 cubic yards of
material which is less than the estimated 3,700 yards. Mr. Bunchuck cautioned that we can only
take the material from the tested pile. The contract is being worded to be very specific with
SCTM ~ descriptions. There is a DEC monitor for Greenport Village on this project. Mr.
Bunchuck left at 9:30 a.m. and will return at 1:30 p.m. for his property acquisition appoinnnent
in Executive Session.
9:30 a.m. Appointment - Town Trustees Re: proposed Local Law in Relation to Wetlands
changing jurisdiction from 75 to 100 feet. Trustees Albert Krupski, Jr., President, Henry
Smith, Kenneth Poliwoda, James King, and Arthur Foster appeared before the Town Board.
President Krupski stated that the general consensus is that the extra 25 feet would put a lot of
extra work in their jurisdiction and considerably double their work load. It would add a lot of
sheds, tennis courts, and swimming pools. He stated that they are currently meeting once a
month from 6:00 p.m to 11:00 p.m, They would have to have two meetings a month and two
field inspections. Justice Louisa Evans asked what they thought about putting more Trustees
on, expanding the Board of Trustees? President Krupski stated that yes, he felt it would add an
extra layer of protection to the Town creeks. Trustee Foster said that approximately 50% of the
permits that they issue now get violated. Councilman Moore suggested putting a covenant in
their deeds. Councilman Murphy suggested tying it into the building permit too. Town
Attorney Yakaboski said that they are recently beginning to tighten up the enforcement system.
Trustees Henry Smith said that they have people who are selling their house and they want their
permits transferred. Also, when we get down them to look at it they have a 100 ft. dock instead
of a 50 ft. one. The Town Attorney said that they get a fine, even though they apply to get
permitted for the extra. President Krupski said that he gets calls from contractors who want
him to look at something ahead of time and recommend to them before they start. Supervisor
Cochran said that she sees it differently. Today she proposed to the Town Board that they go to
a second work session. Sometimes you just have to do what you have to. do toget the job done.
She also told them that if they need more enforcement from the Bay Constable; the Town Board
will take care of that So~th01d is growing at a great rate and we must proteCt our resoUrces
Counmlman Moore smd that the Bmldmg Department has to go out and do an~ ~speetion for a
C.O., couldn't they cheek lot'.the Trustees permit too? Trustee James King: saitlthat tun~off on
properties have to be looked at very closely. People will have a little co,age: and:then add-on
and make it into a big palace with a paved driveway and then you have a m-off problem
Supervisor Cochran agreed ~at the run-off into our creeks is becoming a big problem. She
asked how they are d°]ng wi~ :their drainage projects? Trustee I~ng said :mat Pine:Neck Road,
Rambler Road is done, and they have an application in for Long Creek Drive. Comacilman
Moore suggested formulating a certification form that the property owner would have to sign
certifying that they have :done everything in accordance with their pemait~ The Trustees said
that with all of the different agencies sometimes involved, the DEC, the Army Corps of
Engineers, the DOS, etc., sometimes the project doesn't get comFletec~ fight away. The
Trustees discussed the many violations of their permits. CouncilmanRomanelli suggested that
everything have an inspection and a C.O. and suggested putting another b~lding inspector on
for this. He specifically stated that he would like it put on record that he suggests putting
another building inspe.c, tor on to make inspections on these Trustee:W~s permits. President
Krupski said ~at g~ading woUld be a very important part of the final in~c'fion. Trustee King
spoke about a property down [Baiiie's Beach where they had a reta'~g~l violation, They
were rmnlng their own bluff. It was outside the Trustees jurisdiction, tl/~.y .tried to teI1 them.
They ended up bl~ng Out their own bluff, now they want to put a bu~ead in the bottom.
Supervisor Cochran advised that she is voting for the extra 25'ft.j ~urisd~etion. Councilman
Murphy agreed and said that they would just have to go two times a manth. The Planning
Board and the Zoning Board of Appeals does it and they will have to :do'~ too. Hem~ Smith
said that he thinks ~ ~ey ~h6uld take care of what they have noW. ~n P~liwoda sai~ ithat he
thinks that they shOUld h~ve the fight to issue a violation. By the t~e tli~ Bay Con'able is
called and arrives ~t ~ually ends up falling through the cracks. Thee ~:~'oWh Bo~rc} smed that
they will take this under advisement and discuss it. Artie Foster asI~d that the Town Board
give consideration to the enforcement factor. It gets lost because of the:lime element. He
strongly suggested that the Trustees should have some enforcement capab~l/taes because they
are like paper tigers now. Mr. Foster said thru not only is enforcement needed, but follow-up
too. Supervisor Cochran stated that as long as the Trustees don't see~it as cutting in on their
responsibilities of what they were elected to do, the Town Board will' see what the,y can do.
Ken moliwoda said: tha,'t., the 1~0 ft. setback will help out tremendously Mth the septic
system
policy which is a Ver~~ important factor. Supervisor Cochran asked ithat:a~ thing~ are put in
place and they see oth~ problems, they should come back to the Town. Boa~l and ad'ess them.
Henry Smith stated that every possible conceivable piece of property ~is being built upon
marg/nally. The 1.00 it. setback may help to eliminate some of this. COuncilman Murphy
suggested raising the fee schedule to cover the inspections President Kru ~ki ob'ected statin
~ ~ . '. ~ P: 'J g
that the Trustees should be gaven the extra money and they wall do the ifisp~c~ions. Councilman
Murphy said that their salary has akeady been supplemented by giving th~ health imurance.
Supervisor Cochran ac vised that the Conservation Advisory CoUncil is ~t being utilized to
their fullest. They hm'e a good Board who is very interested in the ;envi~nment an~ who is
wiiling to go out mad ~[o the Work that is needed and make recommen/tat[~)a~ s to the Trustees.
President Kmpski s~id hat they don't attend their meetings or give them ~ recommendations.
Ken Poliwoda said ith. water depth readings and soundings are another ~g that needs to be
done. Supervisor ~o iran asked the Trustees about the two sunken Coati Guard A~uxiliary
boats in Mattimck ~, k. Co~Uncilman Romanelli said that Paul Cardinitiil~ad given them the
names of the Coast ~ rd person in charge to contact about it, he will get t~ information again
so that something can .~ done.
10:30 a.m. Appointment with Nicholas Menchise, Real Estate Specialist with the NYS
Facilities Service of the U.S. Postal System appeared before the Town Board. Mr. Menchise
is in charge of real estate in the tri-state area and handles the real estate needs for 8 districts. In
1997 the Long Island District initiated a space facility planning concept to work with the
communities in the local districts. Mr. Menehise advised that the East Marion Fire District is
buying the large house to the east and is offering to lease the first floor to the post office,
approximately 1,500 to 2,000 sq. ft. They plan to renovate the second floor roi: offices for
themselves. The existing post office would be retained with alt of the original boxes and
equipment as a museum. This meeting with the Town Board is the first step in the project. The
next step is that the community is invited to give comments. Councilman Romanelli asked if
the outside of the building would be maintained as it is and whether or not they had a site plan
yet. Mr. Menchise asked if there is an architectural review board in Southold. The Town Board
advised that there is. Mr. Menehise said that the Fire District will be making the applications
for the permits, but the post office plans to work very closely with them. In the past Mr.
Menchise said that conformity was strived for by a former U.S~ Postmaster Marvin Runyon~ In
1980 the first thing he did was change the roosting eagle on top of Stony Brook Post' Office to a
soaring eagle. Stony BroOk post office has a mechanical eagle that flaps its wings every hour
on the hour. He also hired an architectural firm that came up with his rendition of what ail post
offices should look like. But the administration has changed their minds on the image that
should be projected for post offices. They now feel that each area should maintain their own
character and flavor, and that the post office should only compliment it, not change it.
Supervisor Cochran stated that in relation to holding an informati°n meeting, it shoUld be held
in the East Marion area, the :community where the post office is located, pe~rhaps~ at the East
Marion school. Mr. Menehise said that Don Dzenkowski has suggested the first floor of the
East Marion Fire District Building for a meeting. Supervisor Cochrar~ ~tokl him to set the time,
date and place of this meeting and let the Town Board know. The TO-eaz Board also discussed
the request that they received for a handicapped parking space at the Mattituck post office.
There is a parking area behind the building, but it was generally felt ~at ;the handicapped
parking area should be located in the front of the building offthe street, ThoyWill Work on this.
Mr: Menchise left the meeting at 11:10 a.m. with promises and high hopes of working with the
community to create a pleaSing new post office facility for the East Mari0n~area.
11:11 a.m. Valerie Scopaz appeared before the Town Board to discuss items IV. I & 2 on
the agenda. IV. 1. Covenants and restrictions relative to the Mullen Motors Change of
Zone; and IV. 2. - Peconic Landing Scenic Easement. Ms. Scopaz advised that Peconic
Landing's attorney has been working with them to maintain the scenic conservation easement.
The easement was intended to keep the ingress and egress roads fi:om Route 25 fi:om causing
problems. The Town Board instructed the Town Attorney to work with the Valerie and the
Planning Board on this. Valerie also asked about the $4,000.00 proposal, fi:om Chick Voohris
for preparing the subdivision regulations as proposed in their 8/15/00 letter. Supervisor
Coehran asked for a punch list of what the Town Board must do with regard to the LWRP. The
Dept of State recommends that we file for two more grant applications. Valerie will be faxing
the applications to them, then following up by mailing them also. It was mentioned that the
Planning Board will be reconfiguring their offices, Carol Kaelin and Valerie Scopaz will be
changing office locations. Resolution No. 28 was placed on the agenda to authorize
Supervisor Cochran to execute these LWRP grant applications.
11:35 a.m. The Town Board reviewed the IV. For Discussion items as follows: IV. 1. & 2.
have just been taken care of. IV. 3. Appointments to the Land Preservation Committee
the Town Board wi11 wait for Councilman Richter to be present to make a recommendation. IV.
4. Trespassing complaints from Soundfront homeowners in Cutchogue. Supervisor
Cochran advised that we are getting more and more complaints of this kind. They will work
with the areas where the complaints are the heaviest and put enforcement policies in place to
discourage and pUnish offenders. The Board discussed towing the vehicles and using car boot
clamps as deterrents. The Town Attorney will work on these and give them several other
options to consider also. IV. 5. Appointments to the Agricultural Committee - See
Resolution No: 29. IV. 6. Appointment to Tree Committee - See Resolution No. 32. IV. 6,
Dispute over payment for conference microphones in meeting hah with Realtime Services.
Two tabletop coaference microphones were supplied after the installation of the initial
equipment. It was felt that they should have been supplied initially and thought that they were
mentioned in the contract. The vendor said the conference mikes mentioned in the contract
were part of the Phonic ear hearing assisted package and not the general audio equipment.
However, the Town Attorney had placed certain objectives to be accomplished as part of the
contract and one af these objectives was to amplify voices at the work session table. Realtime
services was asking for $480.00 additional for these conference microphones. The Town
Attorney reached a settlement with him for $25,00. See Resolution No. 30 to authorize this
additional payment, IV. 9, Renovation of the Whitaker House, Councilman Richter will
discuss this later on. IV. Request for upzoning of General Wayne Inn parcel on Cedar
Beach Road by residents in the area. Councilman Romanelli said that the place is a mess and
that he has heard that the owner has mn out of money. He keeps saying that he is getting more
money, but it doesn't look promising. The Supervisor asked the Town Board if they were
interested in entertaining a change of zone on this property? The Town Attorney advised that
fight now it is HB Hamlet Business zone close to the road and R-80 behind the structure on the
second half of the property is bordered by a right-of-way. The Town Board suggested that this
be sent to the: Planning Board and the Planning & Zoning Committee for comments. IV. 11.
Resolution requesting. Cablevision to include TV station WVVIt-TV through out Suffolk
County. The ToWn Attorney advised that the auditor Bill Klein has reported that things are
moving along, they: have been cooperative with the audit to date. The clerk in Mr. Klein's
office that has been,hand~g it is. out of town for a few days, so they couldn't get a full report
on it at this ti.my. SUpervisor Cochran stated that she wants to see some action from the
consultants we hired fr~m Florida and asked what is going on with them. Councilman Moore
advised that v~e were waiting for the fulI audit report before proceeding with the second part. He
advised that it wi:ll become a part of negotiations the same as everything else. IV. Resolution
of Town Trustees in' relation to scallop season. It was determined that this should have been
placed on the a
the dates for the
Conservancy for
25 had:
under public Notices II, not IV. For Discussion. It is the Trustees who set
Town Board. IV. '13. Request. from FiSherS Island
larviciding during September 2000. See ResoinOon No.
agenda covering this. IV; 14. Appointment of Police
t Executive Session.
12:00 p.m. The Town Board reviewed the resolution numbers 1 through 33 on the agenda
to be voted upon at the regular meeting and reviewed the audit sheets. The Supervisor
questioned audit item #17 Greenport Village light connection. Mr. Cushman will be
contacted to explain this one to the Town Board.
The Town Board recessed at 12:20 p.m. for lunch and will reconvene for Executive Session
at 1:00 p.m.
The Town Board reconvened at 1:30 p.m., all were present with the exception of
Supervisor Cochran. They met with Lieutenant Carlisle E. Cochran, Jr. to discuss the Southold
Town Police Department. Cl-def Joseph Conway is retiring as of August 31, 2000. Lieutenant
Cochran advised that six new officers will be needed just to cover replacements from
retirements, etc. He also would like to see a new Crime Control Unit organized to fill in the
gaps to catch things that are falling in between the cracks. Lt. Cochran said that the
administration in the Southold Town Police Department is currrently light. There should be a
Captain and a Lieutenant or two Lieutenants along with the Chief. Councilman Romanelli said
that he would like to see some minorities on the force. The police academy will start in
September.
On motion by Justice Louisa P. Evans, seconded by Councilman Brian G. Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive
Session at 2:02 p.m. for the purpose of discussing contracts, personnel, and litigation.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, and Justice Evans. Also present: Town Clerk Elizabeth Neville
and Town Attomey Gregory Yakaboski.
Resolution No. 38 to appoint a Chief of Police was placed on the agenda.
Supervisor Cochran entered this executive meeting at 3:00 p.m..
cvbnm
On motion by Councilman Brian G. Murphy, seconded by Councilman John Romanelli, it was
RESOLVED that the Town Board schedule additional work sessions from 9:00 a.m. to 12:00
p.m. on odd Tuesdays, other than regular Town Board meeting dates, until further notice, for the
purpose of reviewing the County Road 48 parcels, the water policy, the Local Waterfront
Revitalization Plan and County Inns, and any other unfinished business that requires the Town
Board's attention.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This Executive Session and Work Session ended at 3:30 p.m.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on August 29, 2000, at the Southold Town
Hall, Southold, New York. Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge of
Allegiance led by ToWn Clerk Neville.
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
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
SUPERVISOR COCHRAN: May I have a motion to approve the bills for August 29, 2000?
Moved by Councilman Komanelli, 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 $272,856.05; General Fund Part Town bills in the amount of $6,679.80; Community
Development Fund bills in the amount of $10,872.00; Highway Fund Whole Town bills in the amount
of $3,645.27; Highway Fund Part Town bills in the amount of $1,838.11; Capital Projects Account
bills in the amount of $128,102.00; Landfill Cap & Closure bills in the amount of $1,922.62; Fishers
Island Ferry District bills in the amount of $43,612. t3; Refuse & Garbage District bills in the amount
of $59,736.07; Southold Wastewater District bills in the amount of $563.56; Fishers Island Ferry
District bills in the amount of $945.50; Southold Agency & Trust bills in the amount of $11,456.00;
Fishers Island Ferry District Agency & Trust bills in the amount of $655.90.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Setting the next regular Town Board meeting for Tuesday, September
12, 2000 at 7:30 P.M.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the next meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday,
September 12, 2000 at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Just for a point of information the Town Board today has decided that we
will be having an extra Work Session on the alternate Tuesdays. Right now our Board meetings and
Work Session are every two weeks. We have a heavy load. We have a lot to do with our Waterfront
Revitalization. We have a lot to do with 48. We just have a great deal of work that has to happen soon.
So the Board has agreed that we will meet every other Tuesday. The Work Session will be from 9 to
12, and it will last until we are caught up, and kind of move some of the things through that have been
hanging for a while. That is for your information. At this point we have a resolution. Bill, would you
read it please?
COUNCILMAN MOORE: I am going to take one out of order here.
38.- Moved by Councilman Moore, seconded by the Entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Carlisle Cochran, Jr., as
the full-time Chief of Police replacing Joseph Conway, Sr., who will be retiring from the Southold
Town Police Department. The effective date of this appointment is September 1, 2000. The base
salary is $96,135.00 per year.
38.-VOte of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, JuStice Evans. Abstain: Supervisor Cochran.
This resolution was duly ADOPTED.
8/29/00 2
SUPERVISOR COCHRAN: It has always been a ceremonial thing. We are very pleased whenever a
Police Officer has had a promotion within the department. The badge is always pinned on, and at this
time if I may call, Lieutenant Coehran forward, and I believe Joan is going to be pinning the badge on
you for your future position. Before Joan, you do that, and I think your family should'loin you also,
before you do that I would just like to speak to you as your Supervisor. You know being appointed
Chef of Police is more than a test and a promotion. It is something where you have attained your goal,
but it is serving your community in the best possible way. We know that your fn'st concern would be
the protection and the safety of the residents of Southold Town. We know you will do your best, so on
behalf oft he Board we wish you well. Brian will swear the next Chief in.
(Police Chief Carlisle E. Cochran, Jr. ceremoniously sworn in by Councilman Murphy)
SUPERVISOR COCHRAN: Now, I would like to say something as your mother. Ty has been around
with us a long time. He has been our son for quite a few years. When he was just a little guy he started
a career. They are all waiting for me to cry. I am not going to cry. They said, we have never seen Jean
cry. Your first job was as a paperboy, and you used to ride your route on your bike and Fritzie would
follow along side. On rainy days when we would do it in the car Fritzie would still follow along side of
the car. He used to beat us to the next customer, and be sitting there waiting as we delivered the papers,
and then through your high school years you worked with Lou Barnett, mowed the lawns of many,
many seniors in town, and they all thought you were just about the cutest thing going. They all loved
you, and then when you graduated from high school you decided that you would join the service, and
in the service you became involved in the military police, and from there you realized you would like
to continue your police career, and that is something you have done. You have always been a quiet
child. You demanded little. At Christmastime you had a very short list, and everybody else had a great
big long list, but you have always done well with people's skills, and we expect you to utilize those in
this new job. Your Dad served the Town of Southold as a Police Officer for 26 years, and he served it
well. We are very proud of you, and we want you to know, Darcy and Jeanine called to wish you well.
We want you to know that we know that you will present yourself in a very professional manner, and
we are proud of you, and we love you, so, congratulations.
COUNCILMAN MOORE: We have a letter to read from the past Chief Dan Winters. Dear Chief
Cochran. What a grand day this is for you. Did you ever think that some twenty-odd years ago this
would happen? Yes, I really beheve you did. Your sights were set on the Chef's big chair right on the
onset of your career when it started in the uniform of a seasonal officer. Forgive me for not
remembering the exact year but I do recall how comfortable I felt with you then, and for many years
we worked together. Your straightforwardness and morality are two of your many attributes. I know
you will fill the big chair in a professional manner, and be a credit to the department in Southold
Town. I wish I could be there to share this day with you. Best regards, Dan Winters.
SUPERVISOR COCHRAN: Would you like to say something?
CHIEF COCHRAN: I would just like to thank the Board for their almost unanimous support. I hope
that I can make you all proud of me, not only the Board but also my gentleman that are here from the
department and the community as a whole.
I.REPORTS.
SUPERVISOR COCHRAN: Each month we receive reports from the committees and from different
departments, and then are on file in the Town Clerk's Office. They are public information. If there is
any area that you are interested in, please, feel free to come in and see our Town Clerk Betty Neville.
1. Southold Town Police Detective/JAB Monthly Report for June 2000.
2. Southold Town Police Detective/JAB Monthly Report for July 2000.
3. Leave Time Monthly Summary Report for July 2000.
4. North Fork Animal Welfare League financial statement for March 1999 and 2000.
5. North Fork Animal Welfare League financial statement for June 1999 and 2000.
6. Southold Animal Shelter Report for July 2000.
II. PUBLIC NOTICES None.
SUPERVISOR COCHRAN: There are no Public Notices.
8/29/00 3
12I. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we have a letter to myself from Mark Cuthbertson,
Town of Huntington, in relation to thc tobacco legislation. A copy of letter to Legislative Joseph
Caraeappa from Huntington from Town Supervisor Frank Petrone appointment of Smithtown
Supervisor Patrick Vecchio to Jets Score Committee. As you know there is a committee on the island,
they are looking perhaps to encourage or move the Jet back onto the island as an island team, so Pat
Vecchio will be representing all the towns on that committee. A letter to myself from Richard Couch,
American Cancer Society, he is the new Director of Advocacy. A letter to myself froiii Allen Grecco,
who is Suffolk County Division of Real Estate, thanking for the invitation to the Town Board meeting
on Fishers Island, and also a letter to myse~ and these are not only to myself but the Town Board.
Christopher Squeri, New York Marine Trades Association. They had an event scheduled, and then they
had to cancel it, so they will probably reschedule it. Then a thank you from David Huxsoll, which is
the Plum Island Director, also thanking the Town for their invitation to Fishers Island.
1. Mark Cuthbertson, Town of Huntington, in regard to thanks and congratulation on tobacco
legislation.
2. Frank Petrone, Huntington Town Supervisor to Legislator Joseph Caracappa from Huntington in
regard to appointment of Smithtown Supervisor Patrick Vecchio to Jets Score Committee.
3. Richard Couch, American Cancer Society, in regard to introduction as new Director of
Advocacy.
4. Allan Crrecco, Suffolk County Division of Real Estate thanking the Town Board for invitation of
Fishers Island Town Board meeting.
5. Christopher Squeri, New York Marine Trades Association in regard to legislation affecting
marine industry and boaters.
6. Director David Huxsoll, USDA Plum Island thanking the Town Board for invitation to Fishers
Island Town Board meeting.
IV. PUBLIC HEARINGS.
SUPERVISOR COCHRAN: We have several hearings scheduled for tonight.
1. 5:50 P.M., Hearing on Bond Resolution for Fishers Island Garbage and Refuse District resumed.
2. 4:52 P.M., Hearing on "Local Law in Reference to Restricting Tobacco Advertising" resumed.
3. 4:54 P.M., Hearing on "Local Law Regulating the Use of Motor-Driven Vehicles on Property of
the Town of Southold and on Privately Owned Property".
4. 5:00 P.M., Hearing on CR48 Property Currently being re-examined for Rezoning.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: At this point we have resolutions. If there is anyone interested in
addressing the Town Board in relation to any of the resolutions, which we will be acting upon we will
do that now. Later in the proceedings of the meeting there is a time that may you may address the
Town Board, and we appreciate your input on any Town business. So, at this point I would ask if there
is anyone that would like to address the Board in relation to any of the printed resolutions. Mr.
Williams?
JACK WILLIAMS: Jack Williams from East Marion. In the interest of streamlining these activities
here I would suggest as a very small start that you eliminate the reading of the communications, since
they are all printed in the agenda, It doesn't really require further reading, because you don't say
anything except what is on the printed page anyway. As a greater subject I would say that having been
at these Town Boards for some months, particularly the Work Session, I have noted that in the months
of May, June, and July particularly there seem to be very little to do and the meetings were continuated
and rather short, and now we are told you have to have a Work Session every week, because the
weight of the business is so heavy now. I would suggest that maybe if there had been a little better
traffic control on this it could have been done so that you wouldn't need to work so hard now. One of
the things that could have been done earlier, I would say, is the Route 48 thing, which could have been
done months ago.
S~ERVISOR COCHRAN: Thank you. We certainly do appreciate your input, Jack. Number one, in
relation to Communications, the people that watch the tape don't have an agenda, so I will continue to
read Communications, and as for the rest Southotd is growing. There is a great deal of work to be
8/29100 4
done, and this Board feels that part of their responsibility is to give the time that will help us get some
of this work done for the benefit of the community at large, but thank you for your input
JACK WILLIAMS: As tong as it is not Executive Session.
SUPERVISOR COCHRAN: Is there anyone else who would like to address the Town Board on any
of the Town Board resolutions? (No response.) If not, #17
1.- Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the expenditure of
$5,000 for Programs for the Aging, Capital Outlay for Motor Vehicles, for the purchase of 3 buses and
hereby authorizes Supervisor Cochran to sign a Local Funding Depository Agreement with Fleet Bank
of New York, as part offs Section 5310 Program.
1. - Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
2. - Moved by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby declares the improvements to the
Downs Farm Preserve a Type II Action, as per 6NYCrr 617.5 c(2) and no further SEQA review is
required.
2.- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
3.- Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby provisionally appoints Elizabeth
A. Stathis to the full-time position of Records Management Assistant in the Town Clerk's Office at a
salary of $30,662.89, effective August 31, 2000.
3 .- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
ti.- Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS 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 Broadwaters Drive, Cutchogne", 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 12th day of
September, 2000, at 8:00 P.M., at which time all interested persons will be given an opportunity to be
heard.
This proposed "Local Law in Relation to Adding Stop Signs at Broadwaters Drive, Cutchogne", 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 Cutchogne
II. Severability. If any section or subsection paragraph, clause, phrase or provision of this law
shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby 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.
IH. This Local Law shall take effect immediately upon filing with the Secretary of State.
* Underline represents additions.
Strikethrough represents deletion.
ti.- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
5.- Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with Section 76-23 of
Chapter 76 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer
8/29/00 5
District rent owned by Susan & Kevin Connelly, in the mount of $645.75 for the year of 2000 which
rent remains unpaid, shall be levied against the real property of Susan & Kevin Connelly, and shall be
collected at the same time and in the same manner as Town taxes.
5.-Vote. of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Council/nan Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
6. -Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RE.SOL~rED that the ToVjn Board of the Town of Southold hereby declares the following list of
eqmpment as 'surplus equipment; and be it
FURTltER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
the Town Clerk to advertise this surplus equipment for sale by bid:
Asset 8eaial
1761 USB3005688 1993 30389763
1762 1691349 2000 ..S~50I~DOS
1763 4101rIND 1994 ' ~{~"~147
2059 414~000523 1995 30389593
2060 39883903 2005 0041121204210
1908 I98~-2 2006 33243007
20~0 414~000254 2045 825476245
2071 ~189~533944 2~8 l16AQP009801
2072 412620 VaSt PC
1992 980146
6 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
7. -Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W.
Cochran to execute the necessary documents to amend the contract dates for the LWRP Grant
(C005962) for the Road Ends Public Access and Stormwater Control Improvements.
7.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
8. -Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W.
Cochran to execute the necessary documents to amend the contract dates for the LWRP Grant
(C005800) for the Mattimck Inlet Stormwater Plan.
8 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
9. -Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the expenditure of
$25,000.00 from the Waterways Improvement Program for the following drainage projects as
submitted by the by the Superintendent of Highways Raymond Jacobs:
Old Grand Avenue Bridge, Mattituck
Pine Neck Road, Southold
Peninsula Road, Fishers Island
Rambler Road, Southold
9.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I will call for a recess for a public hearing on a bond resolution for
Fishers Island Garbage and Refuse District. May I have a motion?
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED ~at this ToWn Board meeting be and hereby is recessed at 4:50 P.M. for the purpose of
holding public heatings.
8/29/00 6
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Counciltaan Romanelli,
Councilman Moore, Justice Evans, Supervisor Coc~an.
This resolution was duly ADOPTED.
Reconvened at 4:56 P.M.
SUPERVISOR COCHRAN: We have another public hearing scheduled at five, so we will wait until
five for that one because I am sure people will be coming in, and we wilt continue with resolutions. I
believe we left it at number 10.
10. -Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Southold Town Solid
Waste District 2000 budget as follows:
To:
SR.8160.4.100.650 Town Garbage Bags $12,591.00
From:
Sr.8160.4.400.810 C & D Removal $12,591.00
10.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelh,
Councilman Moore, Justice Evans, Supervisor Coehran.
This resolution was duly ADOPTED.
1.-Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Southold Town Solid
Waste Management 2000 budget as follows:
To:
SR. 1490.1.100.500 Administration Holiday Pay $1,200.00
From:
SR. 1490.1.100. 100 Administration Regular Earnings $1,200.00
· -Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supel'tisor Cochran.
This resolution was duly ADOPTED.
12.- Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Island Wide
Cesspool Sewer & Drain Co., Inc., for the removal, transportation and disposal of scavenger waste
fi:om the Southold Scavenger Waste Plant at Greenport, in the total bid sum of items 1 & 2 in the
amount of $227,500.00, all in accordance with the bid specifications and the approval of the Town
Attorney.
12 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
13. - Moved by Justice Evans, seconded by Councilman Romanelli,
WltEREAS, the Town of Southold and New York State Department of Environmental Conservation
9NYSDEC) have, under stipulated settlement, previously agreed to close and cap the Cutchogue
landfill pursuant to 6 NYCRR Part 360 regulations; and
WHEREAS, the Town forces are nearing completion of their role in preparing the landfill property for
contractor construction activities; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth
Neville to advertise for bids for the construction of an engineered 'cap' for the Southold Town landfill
located on County Route #48 in Cutchogue, N.Y., all in accordance with 6 NYCRR Part 360 as
promulgated by the NeTM York State Department of Environmental Conservation CNYSDEC), and with
the bUfSDEC - approved bid and construction specification package developed for the Town by
Dvirka and Bartilucci Consulting Engineers, subject to the review and approval of the Town Attorney.
13.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
14.- Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth
Neville to advertise for bids to construct a storage/restroom building at Peconic Lane Park, in
accordance with the plans and specifications prepared by James Richter, RA.
8/29/00 7
1~.- Vote of.the. Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanell~,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
15.-Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the appraisal of portion
of the property located at the intersection of Old North Road and Young's Avenue, Southold (SCTM3
1000-55-1-5A) to be used for drainage purposes, as requested by Raymond Jacobs, SUperintendent of
Highways.
15. -Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
16. -Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold authorizes Supervisor Cochran and
Deputy Supervisor Murphy to execute a new Third Party Custodian Agreement with the Suffolk
CoUnty National Bank.
16.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
17.-Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk
Elizabeth Neville to advertise for the position of Seasonal Police Offices for the 2001 summer season.
17.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
18.-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
Elizabeth Neville to advertise for the position of School Crossing Guard for the Mattituck area, at a
salary of $26.64 per day.
18.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
19. -Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby hires Lisa M. Hellermaun as a
School Crossing Guard for the East Cutchogue post, at a salary of $26.64 per day, effective September
5, 2000.
19.-Vote of the Town Board: Ayes: Councilman .Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
20.-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 fall 2000 recreation
programs, all in accordance with the approval of the Town Attorney.
Carla Blasko (computer) ................................................. $25/hour
Thomas Boueher (guitar) ............................................................... $20/hour
Eugerda Cherouski (folk dancing) ................................................... $20/hour
Shirley DarI~ng (tennis) .................................................................. $25/class
Martha Eagle (aerobics) ................................................................. $30/hour
East End Insurance Services (defensive driving) ............................ $30/person
Lauren Egan (adult CPR) ............................................................. $55/person
Bob Fisher (computers) ................................................................... $25Paour
Dan Oebbia (dog obedience) ......................................................... $45/dog
Carol Oiordano (baton) ................................................................... $20/elass
David Haums. (golf) ......................................................................... $38/person
Mary I-Iewitt (ereafive.serapbooking) .................................... $20/hour
Hidden Lake Farin.q (horsebaok riding) ......................................... $17~rson
Rosemary Martilotta (I-Iatha yoga) ...................................... $50/elass
Mattituck Laues'(bow. '.l~ng).....:...::: .................................................. $32/person
8/29/00 8
Jim Mikelbank (youth basketball) ....................................... $20/hour
Network Media Resources (computer courses) ............................... $2$/hour
Paine Webber/Steve GugHelmoni (financial management)..~ ........... $20/person
Theresa Pressler (youth programs)~ .............................................. $20faour
Yola Van HuMe (ballroom dancing) ........................................... $25/hour
Chris Vedder (golf) ......................................................................... $38/person
John Walden (computer) ................................................... $2$/hour
Dorothy Wolf(bridge) .................................................................... $25/hour
2o.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Counei, knan Romanelli,
coUncilman Moor~, JUstice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
21.-Moved by CoUncilman Richter, seconded by Councilman Romanelh,
WltEREAS, an employee of the Solid Waste District, accidentally lost cash and receipts totally
$154.00 (while assisting a resident with their garbage disposal); now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby declares "accidental" the loss to
the Solid Waste District, and holds harmless any employee(s) of the Solid Waste District with regard
to such loss,
21.-Vote of the Town Board: Ayes: CoUncilman Richter, Councilman Murphy, CoUncilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
22.-Moved by Justice Evans, secondedby CoUncilman RomanMli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Cases
Lane, Cutehogue, between the hours of 9:00 A.M. to 5:00 P.M., on Saturday, October 7, 2000 as a
safety precaUtion during the Annual Harvest Fair of the Mattituck Lioness Club being held on the
Cutchogue Village Green, Cutchogue, New York, provided they file with the Town Clerk a One
Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional
insured.
22.-Vote:Of the Town Board: Ayes: CoUncilman Richter, Councilman Murphy, CoUncilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
23. -Moved by Councilman Romanelli, seconded by Councilman Richter,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED AUGUST 29, 2000, AUTHORIZING THE
CONSTRUCTION OF IMPROVEMENTS AT THE DOWN'S
FARM PRESERVE TOWN PARK AT FORT CORCHAUG,
IN CUTCHOGUE, IN SAID TOWN, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $210,000,
APPROPRIATED SAID AMOUNT THEREFOR AND
AUTHORIZING THE ISSUANCE OF $210,000 SERIAL
BONDS TO FINANCE SAID APPROPRIATION.
THE TOWN BOARD OF TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all 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 improvements at the Down's Farm Preserve Town Park at
Fort ¢orehaug, in Cutehogue, in the Town, including manageraent and interpretation center
improvements, equipment and supplies and site improvements, trail and site improvements and salvage
and demolition of unsafe buildings. The estimated maximum cost thereof, including preliminary costs
and costs incidental thereto and the financing thereof, is $210,000 and the said amount is hereby
appropriated therefor. The plan of financing includes the issuance of $210,000 serial bonds of the
Town to finance said appropriation and the levy and collection of taxes on ail 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 $210,000 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~
9
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness of constructing such improvements at said
Town Park, being the specific object or purpose for which said serial bonds are
authorized to be issued, within the limitations of Section 11.00 a.35 of the Law, is
five (5) years.
(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 said Town Park and the plans and
specifications for the construction of such improvements thereto, as referred to in
Section I hereof, this Town Board, the Lead Agency, has determined that such
construction will not have any adverse impact upon the environment and has
declared same to be a TYPE II Action pursuant to the New York Environmental
Quality Review Act, 6NYCRR 617.5c(2) ("SEQRA"),
(d) The proposed maturity of the bonds authorized by this resolution will not exceed
five years.
(e) 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
recitar 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 Town 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.
(f) Section 5. Subject to the prowsions 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 form 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 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.
(g) Section 6. The validity of the bonds authorized by this resolution, and of
any no~es issued in anticipation of the sale of said bonds, may be contested only if:
(h) (a) such obligations are authorized for an object or purpose for which
the Town is not authorized to expend money, or
(i) (b) the provisions of law which 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 within twenty days after the date of such publication, or
(j) (c) such obligations are authorized in violation of the provisions of the
constitution
(k) Section 7. This bond resolution shall take effect immediately and the
Town Clerk is hereby authorized and directed to publish this bond resolution, in
summary, 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.
23 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
10
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 any and all necessary documents tO file a grant application for funds from
the State of New York's Local Waterfront Revitalization Program in accordance with Re provisions of
the Environmental Protection Fund, in an amount not to exceed a total of two hundred thousand dollars
($200,000.); and be it
FURTHER RESOLVED that upon approval of the said request that Supervisor Jean:W. Cochran be
authorized to enter into and execute a project agreement with the State for such financial assistance to
the Town of Southold.
2~.- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
CounciLman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
25.- Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby hires Michetle Batz as a Seasonal
Laborer on Fishers Island to handle the mosquito control larvaciding effective September 1, 2000
through October 1, 2000, at an hourly rate of $15.00.
25 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
26. -Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby waives the single entry fee for
vehicles picking up free wood chips at the Southold Town Disposal Areas, in preparation for landfill
closure project.
26.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
27.-Moved by Councilman Romanelli, seconded by Justice Evans,
WltEREAS, covenants and restrictions were filed on certain properties as part of the application of
Mullen Motors for a change of zone on those properties; and
WltEREAS, scenic buffering between the operations of Mullen Motors and the surrounding
community was and continues to be a critical issue; and
WHEREAS to improve the required scenic buffering between Mullen Motors and the surrounding
community the Planning Board of the Town of Southold has recommended that paragraph 4 of the
covenants and restriction which reads "The parking area on Lot 24. I shall have two landscaped
"islands" be modified to read "The parking area on lot 24. [ will not have any landscaped island,
however, approximately 1000 square feet of landscaping (which represents the amount of landscaping
that would have been required in the "islands") shall be placed along the perimeter of the Mullen
Motors property at the discretion of the Planning Board; be it therefore
RESOLVED that the paragraph number "4" of the filed covenants and restrictions are hereby
amended to read as follows: "The parking area on lot 24.. I will not have landscaped islands, however,
approximately 1000 square feet of landscaping (which represents the amount of landscaping that
would have been required in the "islands") shall be placed along the perimeter of the Mullen Motors
property at the discretion of the Planning Board"; and be it therefore
FURTHER RESOLVED that Mullen Motors, as the applicant before the Planning Board shall file
this amendment to the covenants and restrictions on record with the County of Suffolk.
COUNCILMAN ROMANELLI: The covenants, they were putting landscape in the middle of the
parking lot. Through the planning process we thought it better to utilize the same landscape on the
perimeter of the parking to shield it from the road.
27 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
28.-Moved by Justice Evans, seconded by Councilman Romanelli, 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 Nelson, Pope and Voorhis regarding the LWRP to
8/29/00 11
prepare a Conservation Subdivision and preparation~ of a draft ordinance according t6 the terms and
conditions set forth in the proposal for s~u'vices dated August 13, 2000 for the sum of ~,000.00.
28. - Vote of the Town Boar& Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, JustiCe Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I would just like to say, that I am go'mg to finish these resolutions. We
don't 'have. too many more to do before the hearing on 48. We cannot start a hearing ehrly, but we can
start it a couple of minutes late, so we will finish these up.
29.- Moved by Councilman M~)ore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the following
individuals to the Agricultural Advisory Committee, for a two (2) year term of office to expire on
August 11, 2002, they to serve without compensation:
Robert VanBourgondien, Chairperson
Howard P. Dickerson
Leander B. Glover, Jr.
Stephen I. Mudd
Ralph Pugliese
29.-Vote of the Town.Bo~d: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore,.Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
30.- Moved by Councilman Richter, 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 e~.ecute any and all documents necessary to settle an outstanding invoice regarding
the sound system of the meeting hall with Real Time Services for $25.00.
30.- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Sl. - Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Jonathan Wiggins as a
Member of the Board of Assessment Review for a five (5) year term of office to expire on September
30, 2005.
31 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
32.- Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the following
individuals to the Southold Town Tree Committee for two (2) year terms of office to expire on
September 22, 2002:
Michael Domino, Co-Chairman
Michael Shannon, Co-Chairman
Lawrence Catullo
James T. Glover
Robert Kassner
Sally Stiener
Thomas C. Stevenson
Peter Burr
32 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
33. -Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the application of Michael and Barbara Pupino be granted permission to temporarily
locate a single family house trailer on their property located at 690 August Lane, Greenport, New
York, while they reconstructs their home which was damaged by fire,'be and hereby is granted by the
Town Board of the Town of SouthOld for a six (6) month period, effective immediately.
33.-VO~e of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
8/29/00 12
This resolution was duly ADOPTED.
34. -Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby sets a public hearing on the Local
Law entitled "Extending Town Code Chapter 97 Wetlands jurisdiction from 75 feet to I00 feet" at the
Southold Town Hall, 53095 Main Road, Southold, New York. at 8:05 P.M., Tuesday~ September 12,
2000.
34.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
35.-Moved by Justice t vans, secondect by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk
Elizabeth Neville to re-advertise for Members of the Land Preservation Committee, on Townwide
Member, and one Village of Oreenport Member.
35.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
36~Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED by the Town Board of the Town of Southold that the attorney of record in the action
entitled Jem Realty v. Town of Southold et. al is hereby changed from Anthony Tohill, Esq. To
Gregory F. Yakabosld, Esq.
36.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Resolution #37 is the same as resolution #9.
39. - Moved by Supervisor Cochran, seconded by Councilman Moore,
Wlt:EREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 18th day of July 2000, A Local Law, entitled "A Local Law in Relation to
Restricting Tobacco Advertising, Chapter 86 of the Code of the Town of Southold; now, there be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:07 P.M., Tuesday,
September 12, 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:
LOCAL LAW NO. OF 2000
A LOCAL LAW AMENDING THE CODE OF THE TOWN OF SOUTHOLD, CHAPTER 86,
ARTICLE I IN REFERENCE TO RESTRICTING TOBACCO ADVERTISING.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
ARTICLE I
TOBACCO ADVERTISING
LOCAL LAW NO. OF 2000
A LOCAL LAW AMENDING THE CODE OF THE TOWN OF SOUTHOLD, CHAPTER 86,
ARTICLE I IN REFERENCE TO RESTRICTING TOBACCO ADVERTISING.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
ARTICLE I
TOBACCO ADVERTISING
§86-1. Legislative Intent and Findings
The Town Board and the staff of the Town of Southold reviewed land use
studies of the location of tobacco advertising in proximity to schools, parks and
child day care centers. In addition, the Town has examined the actions and
codes of other municipalities including the City of New York and the City of
Long Beach.
8/29/00 13
§86-2.
The Town Board of the Town of Southold finds that restricting the exposure of
minors to advertising regarding tobacco and tobacco products is constitutional
when achieved through reasonable targeted limitations on such advertising in
thru vifftni~y Of ~hO01~ and Other locations where it i~ well eg~alaliehed that
children tend to congregate. It is the intentions of the Town Board to enhance
and augment compliance with and enforcement of federal, state local laws
prohibiting the sale or distribution of tobacco products to minors, and to protect
such minors against such illegal sales.
The Center for Disease Control and Prevention has reported that wh~e the rate
of adult smoking of tobacco products has decreased nationwide by fifty percent
(50%) between 1971 and 1993, the rate of smoking among all high school
studentS has increased by twenty-six percent (26%) dudng the years 1991 and
1996, and now stands at the highest rate since 1981. It is further noted that this
dramatic increase has occurred contrary to and at variance with the laws of all
fifty states prohibiting sale and distribution of tobacco products to minors, and
the pledge of all tobacco product manufacturers to adhere to a voluntary
industry code Prohibiting advertising of such products in a manner appealing to
minors.
In 199,1, a study of the Journal of the American Medical Association concluded
that, "...cigarette advertising encourages youth to smoke and should be
banned.!' In 1994, a report of the National Institute of Medicine stated that,
"...the substantial convergent evidence that advertising and promotion, increase
tobacco use by youth is impressive and...provided a strong basis for legal
regulation," In 1995, a report of the federal Center for Disease Control and
Prevention found that, "...cigarette marketing practices appeared to be the most
likely account for [the] increase in teen smoking initiation rates."
In 1997, Liggett & Myers, Inc., a cigarette manufacturer, made the following
acknowledgement in executing a settlement agreement with the Attorney
Generals of 17 states, including the State of New York, "...Liggett
acknowledges that the tobacco industry markets to 'youth', which means those
under 18 years of age..."
Based upon the preponderance of the evidence that tobacco products are
advertised and promoted to minors, and that the rate of use of tobacco products
by minors has drastically increased contrary to legislation prohibiting the sale or
distribution of such products to minors, the Town Board of the Town of Southold
hereby finds and declares it to be in the best interests of minors residing and/or
otherwise present within the Town to enact affirmative, reasonable and
constitutionally permissible restrictions on the advertising of tobacco products.
By enacting this legislation, it is the intent of the Town Board to promote
corn pliance with an enforcement of federal, state and local laws prohibiting sale
or distribution of tobacco products to minors, and therefore, in deference to the
protections afforded by the First Amendment to the Constitution of the United
States, this legislation has been narrowly drafted to place reasonable time,
place and manner restrictions on such advertising in those locations where it is
well established that minor tend to congregate, while not imposing restrictions
on such advertising clearly directed to adults.
Definitions and work usage
A. Definitions. For the purposes of this section, the following terms shall have
the meanings indicated herein, unless specifically indicated otherwise:
CHILD CARE CENTER - Includes the following:
(1)Any child care arrangement, public, private or parochial child care
center, school-age child care program, day nursery school,
8/29/00 14
kindergarten, play school or other similar school or service operating
pursuant to authorization, license or permit of New York'State.
(2) Any facility that provides child care services as defined in §410-p of
the New York State Social Services Law, or
(3) Any child day care center as defined in §390 of the New York State
Social Services Law.
Said definition shall apply whether or not care is given for compensation,
but shall not include child day care centers located in private dwellings and
multiple dwelling units.
CIGARETTE - Includes the following:
(1) Any roll of tobacco wrapped in paper or any other substance not
containing tobacco, or
(2) Any roll of tobacco wrapped in any substance containing tobacco
which, because of its appearance, the type of tobacco contained
therein, or its packaging and labeling is offered for use or purchase
as cigarette as described in subdivision (1) herein.
DWELLING - Includes the following:
(1) Multiple Dwelling - Means any building or' group of buildings
designed for or occupied exclusively by three or more families living
independently of each other;
(2) Multiple Dwelling Unit - Means any separated, independent unit of
residential accommodation in a multiple dwelling;
(3) Private Dwelling - Means any building or structure or portion thereof
that my lawfully be occupied for residential purposes by not more
than two families, including the grounds of such building or structure.
PARK- Includes active and passive public lands designated for park
purposes by the Town of Southold, County of Suffolk, State of New York,
United States of America or any other subdivision of govemment.
PERSON - Means any natural person, partnership, co-partnership, firm,
company, corporation, limited liability corporation, association, joint stock
association or other legal entity.
SCHOOL -Includes buildings, structures, premises or places, together with
the grounds thereof, which are dsed primarily for public or private educational
facilities at or below the twelfth grade level, as recognized and defined by the
New York State Department of Education, including but not limited to
preschool; kindergartens; nursery, elementary, primary, intermediate, junior
high, middle, secondary, high, vocational and special.
TOBACCO - Includes the following:
(1) Cigarette Tobacco - Means loose tobacco intended for use in what
is commonly advertised as a. cigarette; '
(2) Smokeless Tobacco - Includes any cut, ground, powdered, or leaf
tobacco that is intended to be placed in a person's oral cavity;
(3) Tobacco Product - Includes a cigarette, smokeless tobacco or
cigarette tobacco.
TOBACCO PRODUCT ADVERTISEMENT - Includes any written word,
picture, logo, symbol, motto, .selling message, poster, placard, sign,
photograph, device, graphic display or visual image of any kind, recognizable
color or pattern of colors, or any others indicia of product identification
identical or similar to, or identifiable with, those used for any brand of tobacco
product, or any combination thereof, the purpose or effect of which is to
promote the use, sale or distribution of a tobacco product through such
8/29/00 15
§86,3.
§86-4.
means as, but not limited to, the identification of a brand of tobacco product,
a trademark of a tobacco product or a trade name associated exclusively with
a tobacco product.
B. Word Usage. Words used in the singular in this section shall
plural and vice versa. The word shall is always mandatory.
include the
Restrictions.
It shall be unlawful for any person to place, cause to be placed, maintain or
cause to be maintained, a tobacco product advertisement in the following
manner:
A. In any outdoor area within one thousand feet (1000'), in any direction, or any
child day care center, park or school.
In the interior or a building or structure which is within one thousand feet
(1,000'), in any'direction, of any child day care center, park or school when
such advertisement is within five feet (5') of any exterior window or any door
which is used for entry or egress to the building or structure by the public;
except that such advertisements may be placed or maintained in the interior
of any such premises where it is parallel to said windows or entry ways and
face inward, or affixed to a wall panel or similar fixture that is perpendicular
to said windows or entry ways.
Exceptions.
Nothing in this section shall prevent a tobacco product manufacturer,
distributor or retailer form placing, causing to be placed, maintaining or
causing to be maintained, its corporate or other business name on such a
building or structure, in any location, where such building or structure or a
portion thereof is owned, operated or leased by them as their principal place
of business; provided, however, that said corporate or other business name
is properly registered or filed in the United States and/or they are duly
authorized to do business in any state, and said corporate of business name
does not include any tobacco product advertisement as defined in this
section.
Nothing contained in this sub-section shall be construed to authorize the
placement of any sign, advertising device or tobacco product advertisement
in any location where such placement is otherwise prohibited by the Code of
the Town of Southold or other applicable law.
§86-5..
§86-6.
§86 -7.
Compliance.
The owner, operator and/or lessee of any location or premises where tobacco
product advertisement is prohibited or restricted pursuant to the requirements of
this section shall have thirty (30) days from the effective date of this local law to
remove any non-compliant tobacco product advertisements.
Injunctions.
In addition to any other remedy provided by law, the Town may bring an
injunction proceeding to enforce this article.
Severability,
In any clause, sentence, paragraph, subdivision, section or other part of this
Local Law shall for any reason be adjudged 'by any court of competent
juriSdiCtion to be unconstitutional or otherwise invalid, such judgment shall not
8/29/00 16
affect, impair, or invalidate the remainder of this Local Law, and it shall be
construed to have been the legislative intent to enact this Local Law without
sUch unconstitutional or invalid parts therein.
§86-8. Effective Date,
This Local Law shall take effect immediately upon filing in the Office of the
Secretary of the State of New York.
39.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
~10.-Moved by Supervisor Cochran, seconded by Justice Evans,
WltEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 18' day of July 2000, A Local Law entitled "A Local Law in Relation to
"Regulating the Use of Motor-Driven Vehicles" Chapter 60 of the Code of the Town of Southold;
now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:10 P.M., Tuesday,
September 12, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and
place for a public hearing on this Local Law, as follows:
LOCAL LAW NO. OF 2000
A Local Law in Relation to Regulating the Use of Motor-Driven Vehicles on Property of the
Town of Southold and on Privately Owned Property
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 60
§60-8. Severability.
In any clause, sentence, paragraph, Subdivision, section or other part of this Local Law shall for any
reason be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid,
such judgment shall not affect, impair, or invalidate the remainder of this Local Law, and it shall be
construed to have been the legislative intent to enact this Local Law without such unconstitutional or
invalid parts therein.
§60-9. Effective Date,
This Local§60-1. Intent.
It is the purpose of this chapter to preserve and promote the health, safety and general welfare
of those inhabitants of the Town of Southold who wish to use and operate motor-driven
vehicles on private property or municipal property. It is also the purpose of this chapter to
prevent those inhabitants of the Town of Southold who wish to use and operate motor-driven
vehicles from.trespassing on public or private property in the Town of Southold from annoying
inhabitants and from creating a public nuisance.
§60-2. Restrictions,
It shall be unlawful to operate or for the owner to permit the operation of any type of motor- driven
vehicles or conveyances, including but not limited to two-wheeled vehicles known as "minibikes,"
"traitbikes" and "motorcycles," three-wheeled vehicles known as "ATV's" or" ATC,s" or the like and
four-wheeled motor vehicles known as "go-carts" and "no-wheeled vehicles." such as but not limited to
snowmobiles and limited-use vehicles as defined in Article T of the Vehicle and Traffic Law, under
the following circumstances:
On the private property of another person without the written permission of the owner or
occupant of.said property, Said written permission must be in the possession of the person
operating the motor-driven vehicle and must be presented upon demand to any peace officer or
police officer so demanding.
On any property owned, leased or controlled by the Town of Southold, except on trails duly
designated by the town for the use of such vehicles at the times and in the manner so
designated..
8/29/00 17
On property owned by the Town of Southold and on privately owned property as follows:
(1) In such a mariner as to create loud, unnecessary or unusual noises or so as to disturb or
interfere with the peace and quiet of other persons.
(2) In a careless, reckless, negligent or defiant manner so as to endanger or be likely to
endanger the safety and property of any person, including the operator of said vehicle.
(3) At a rate' or speed greater than reasonable or proper under the surrounding
circumstances.
(4) While in an intoxicated condition or under the influence of narcotics or drugs as defined
by § 1192 or the Vehicle and Traffic Law.
Between sunset and sunrise or when lights are required for safety without displaying at least (1)
headlight and taillight.
§60-3.
§60-4.
Presumptive evidence
The failure of the operator of an off-road vehicle to produce or display written consent of the
owner of the private property on which he is operating sha.ll be presumptive evidence that the
operator does not have the consen! of the owner to operate said vehicle on said private
property. This presumption shall be rebuttable.
Enforcement.
The Southold Police Department, through the Chief of Police of the Town of
Southold, any other police officer and any other peace officer shall enforce the provisions of
this chapter.
§60-5. Exceptions.
This chapter shall not apply to police and emergency vehicles.
§60-6. Confiscation and redemption of vehicles.
Any member of the Southold Police Department (or any other enforcement officer, who shall
encounter any person operating a motor-driven vehicle or conveyance in violation of this chapter) shall
immediately remove said vehicle or conveyance to a place designated by the Chief of Police. The
owner or duly designated agent of the owner of such vehicle or conveyance may regain the same upon
payment of all expenses and charges necessarily and actually incurred by the removal and/or storage of
said vehicle or conveyance. Any vehicle not redeemed within 30 days shall be considered an
abandoned vehicle under the provisions of section 1224 of the New York State Vehicle and Traffic
Law.
§60-7.
Penalties for offenses; restitution.
Any person, firra or corporation violating or permitting the violation of any provision of this
chapter shall be guilty of a violation and shall be subject to a fmc of not less than fifty dollars
($50.) nor more than two hundred fifty dollars ($250.) or to imprisonment of not more than
fifteen (15) days, or both such fine and imprisonment. Each day's continued violation shall
constitute a separate offense. In the case of a second or subsequent violation, the court may
order confiscation of said vehicle or conveyance in lieu of any fmc and/or imprisonment. Any
vehicle or conveyance, which is confiscated pursuant to this section, will be sold at public
auction according to the appropriate procedures and laws affecting public auctions by
municipalities.
In addition, any and all persons, fn-ms or corporation violating or permitting the violation of
any of the provisions of this chapter or omitting or refusing to do any act required by this
chapter shall severally, for each and every violation and noncompliance respectively be liable
for a civil penalty of fifty dollars ($50.). The imposition of all penalties for any violation of this
chapter shall not excuse the violation or permit it to continue. The application of the above
penalties or the provisions of this chapter shall not be held to prevent the enforcement of this
chapter by other action.
In addition, any and all persons, forms or corporations violating or permitting a violation of any
of the provisions of this chapter shall be subject to such order or orders of the court as maybe
imposed so as to assure restoration of any public or private property damages, restitution or
18
reimbursement to the town or private citizens'for property damage or crop loss and/or an order
directing community services in addition to or substitution for the foregoing.
Law shall take effect immediately upon filing in the Office of the Secretary of the State of
New York.
g0.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution Was duly ADOPTED.
SUPERVISOR COCHRAN: We will now have a motion to recess for the hearing on Route 48.
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 5:07 P.M. foi~ the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 6:45 P.M.
SUPERVISOR COCHRAN: The heating is closed, if there is anyone that would like to address the
Town Board on any other Town business? Alice?
ALICE FUNN: My name is Alice Funn. You know what I am here for. I won't be long, but I just want
to know where I stand, what are you doing?
SUPERVISOR COCI-~.AN: Greg, do you want to answer this?
TOWN ATTORNEY YAKABOSKI: Alice, right now, as you know from the phone calls we are
gathering some information, some affidavits. We are looking to commence some legal action to bring
that into compliance with our zoning. We are looking to bring a legal action to bring that property,
make sure it comes into compliance with zoning. As you know from the phone calls we are looking to
do that quickly.
ALICE FUNN: Quickly? Will it come down quickly?
TOWN ATTORNEY YAKABOSKI: IfI were in control, yes. Unfortunately, I am not in control. The
Judges are. Hopefully they will still agree with us.
ALICE FUNN: If there is any meeting concerning the tower will you let me know ahead of time?
TOWN ATTORNEY YAKABOSKI: Absolutely.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board? (No response.) Hearing no
further comments, I will entertain a motion to adjourn.
Moved by Supervisor Cochran, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 6:48 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Southold Town Clerk