HomeMy WebLinkAboutTB-07/03/2001SOUTHOLD TOWN BOARD
JULY 3, 2001
Present:
Supervisor Jean W. Cochran, Justice Louisa P. Evans, Councilman Brian G. Murphy, Councilman Craig A.
Richter, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski.
Absent: Councilman William D. Moore; Councilman John M. Romanelli,
9:00 a.m. - James McMahon, Executive Administrator re: park proposal, day care facility, waterfront
f'flm proposal. Mr. McMahon reported that the Oysterponds school board has contacted ~ with
regard to doing a project on some property that the school owns in East Marion. It is a 10.3 acre site on
the north side of Main Road, East Marion half of which is wooded. Currently there is a parking lot, a tennis
court, and a basketball court on the property. The school would like to see a recreational park developed on the
site by the town. They are talking about a 50 year long-term lease at $1.00 per year. A Little League field,
soccer field, a new basketball court, and playground equipment would be added, in addition to re-locating and
repairing the tennis courts, and adding a nature trail for the wooded area. Mr. McMahon proposes to use
Community Development funds over a 4-5 year period to develop the site. Supervisor Cochran agreed that
since we don't have any town recreational areas east of Peconic Lane, this would be a good project and the
Town Board expressed their interest in developing the site. Mr. McMahon reported that the Family Service
League is in the process of leasing the Laurel School. The North Fork Early Learning Center and the
Family Service League are planning to open up a Day Care Center there. Mr. McMahon estimates that
$40,000.-$60,000. is needed to renovate the building and asked if funds from the 2002 Community
Development Program could be used. The Town Board agreed that this would be a good thing and authorized
Mr. McMahon to pursue it. Mr. McMahon reported on the waterfront fihn proposal~ which Cornell
University gave to him. Chris Smith of Cornell suggested videotaping and documenting by Tax Map numbers.
This would give us an opportunity to get a lot of information that we currently don't have on our waterfront.
Also included would be aerials designating stormwater drainage run-ofl~ Mr. McMahon suggested dating
everything on the waterfront as of the date that it is found so we have a record of it. He asked if this would be a
Town Board project, or if the Town Trustees would be responsible? Mr. McMahon stated that he plans to put
in for a grant for it in the amount of approximately $60,000. Water Main Extension Proiect north side of
County Road 48 next to the landfill. Mr. McMahon estimates a cost of $25,000. @ $41.00 per ft. He thinks
perhaps all ofthem may not be income eligible. Supervisor Cochran asked for alist ofall property owners. The
Supervisor stated that the Town Board has no problem with a water main going up there, they are just not going
to pay for it. Mr. McMahon said that he has a list, he will get a copy to the Supervisor. Davis Bacon Wage
Act This was assigned to Jamie Richter, but it has turned out to be a big job. This must be done for any
municipal project over $4,000.00. Supervisor Cochran appointed James McMahon to serve on the Suffolk
County Aquaculture Committee.
9:30 a.m. Appointment - Frank Murphy re: Affordable Housing Mr. Murphy appeared before the Town
Board together with Bob Gianos of East End Developers and Thomas Granville of Whitney Capital Company
to present an affordable housing project for senior citizens and a request to the Town Board that they support
his building proposal by adopting a resolution. The proposal is for a $20 million dollar 260 unit affordable
housing project. The property located is in Cutchogue hamlet, which is, zoned Hamlet Density (HD), a 45 acre
parcel at the intersection of Griffing Street and School House Lane which has sat dormant for a number of
years due to the lack of public water. They stated that the County of Suffolk has promised $2 million dollars
and they plan to get the rest of the money from New York State and the FHA and use tax credit certificates.
The housing would be available only to persons 55 years of age and older. One and two bedroom units would
be available at a cost of between $790. and $915. The complex would have many amenities such as a
swimming pool, gym, and club room with many games and activities. A stipulation would be added that the
units must remain affordable for at least 30 years if state funding is involved. Seniors 55 years or older earning
less than $30,000. or couples earning less than $35,000.are considered to be eligible for this affordable housing.
7/3/01 2
The Town Board was concerned that residents of the Town of Southold be given preference. Mr. Gianos said
that could be added to the resolution. This matter to be further discussed at a future meeting.
10:27 a.m, - The Town Board recessed for a short break.
10:55 a.m. Valerie Scopaz presented the Town Board with her draft copy of the Local Waterfront
Revitalization Plan. She advised that the implementation of the plan should be the subject of a public
information meeting. She discussed with the Town Board what needs to be done between now and August.
Ms. Scopaz suggested sending a letter to the Department of State indicating that the Town Board would like to
be the lead agency and will get a draft letter to the Supervisor. She suggested hiring Nelson, Pope, and Voohris
to handle the lead agency coordination. Resolution nmnber 507 was placed on the agenda. Ms. Scopaz
expects that the DEIS should be completed by August 8 , comments received, then the Town Board should
adopt a negative declaration at their August 14 meeting and also a resolution authorizing the submission to
Albany. They would then have 60 days to respond with comments which would come in sometime in
November. The date for the public information meeting was set for July 17th at 7:30 p.m. Public comments to
be received by August 3rd. Copies of the plan will be sent to all libraries and it will be posted on the town's
website.
On motion by Councilman Craig Richter, seconded by Councilman Brian Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 11:26
am. for the purpose of discussion of property acquisition.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was declared duly ADOPTED.
On motion by Councilman Brian Murphy, seconded by Councilman Craig Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session at 11:35
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was declared duly ADOPTED.
11:35 a.m. The Town Board reviewed IV. For Discussion items as follows: (1) Request for refund of
Conununity Preservation Fund Tax by Laurel Lake Vineyards. Resolution number 504 was placed on
the agenda. IV. 2. Appointments advertisements for Conservation Advisory Council Members.
Resolution number 505 was placed on the agenda.
11:30 a.m. Appointment Marilyn Quintana, Receiver of Taxes re: salaries of her clerks. Ms. Quintana
stated that her clerks salaries were outdated as a new clerk starts at $8.63 and her clerks have been here from 5
to 7 years and are making as little as $9.96 per hour. She was asked if she had the money in her budget for
raises? She said that she did. The Supervisor advised that she and Comptroller John Cushman will have to sit
down with the Union with regard to this matter and will get back to her.
On motion by Justice Louisa Evans, seconded by Councilman Craig Richter, it was
RESOLVED that the Town Board hereby enters into Executive Session at 11:41 a.m. for the purpose of
discussion contracts, litigation, and a particular person.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was declared duly ADOPTED.
On motion by Councilman Craig Richter, seconded by Justice Louisa Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session at 1:40
a.nL
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Justice Evans, Supervisor Cochran.
1:40 p.n~ The Town Board reviewed resolutions to be voted upon at the 7:00 p.n~ regular meeting.
This work session ended at 2:23 p.m.
7/3/01 3
REGULAR MEETING
JULY 3, 2001
7:00 P.M.
A Regular Meeting of the Southold Town Board was held on July 3, 2001, at the Southold Town Hall,
Southold, New York. Supervisor Cochran opened the meeting at 7:00 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 audit of bills for July 3, 20017
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in the
amount of $80,412.48; General Fund Part Town bills in the amount of $12,841.29; Community Development
Fund bills in the amount of $10,000.00; Highway Fund Whole Town bills in the amount of $6,963.23; Highway
Fund Part Town bills in the amount of $5,009.17; Capital Projects Account bills in the amount of $691.52;
Landfill Cap & Closure bills in the amount of $6,802.09; Open Space Capital fund bills in the amount of
$261.25; Community Preservation Fund (2% tax) bills in the amount of $384,377.00; Computer System
Upgrade bills in the amount of $62.29; Fishers Island Ferry District bills in the amount of $152,774.20; Refuse
& Garbage District bills in the amount of $74,348.15; Southold Wastewater District bills in the amount of
$314.75; Southold Agency & Trust bills in the amount of $7,604.82; Fishers Island Agency and Trust bills in
the amount of $96.64.
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: May have a motion to set the next regular meeting Town Board meeting Tuesday,
July 17, 2001, at 4:30?
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Romanelli,
I.REPORTS.
SUPERVISOR COCHRAN: As you know the Town Board each month receives reports from the different
departments and the different committees. They are placed on file with the Town Clerk in her office, and if
there is anything that you are particularly interested in you are more than welcome to come in and see Mrs.
Neville, and she will supply the information.
1. Island Group Claim Lag Report for May 31, 2001.
2. Personnel Leave Time Summary Report for May 2001.
3. Southold Town Police Detective Division Monthly Report for May 2001.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: Also, each month we have Public Notice, on from the New York Corp of
Engineers in relation to Fishers Island Sound to install a wave break, and it is written comments to the US Corp
of Engineers July 26th. Also the New York State Department of Environmental Conservation an application to
construct a family dwelling at South Bayview Road, Town of Southold. Written comments by July 27th, 2001.
7/3/01 4
1. U.S. Army Corp of Engineers, NY District, Request of Richard and Llewellyn Thatcher to install a wave
break in Fishers Island Sound, Long Island Sound, Town of Southold. Written comments by July 26,
2001.
2. New York State Department of Environmental Conservation Notice of Complete Application of William
Aylward to construct a family dwelling at South Bayview Road, Town of Southold. Written comments
by July 27, 2001.
III. COMMUNICATIONS
SUPERVISOR COCHRAN: We have several letters. One is from Mr. Kessell. Dear Supervisor. I was
absolutely thrilled to receive your letter complimenting LIPA and Robert Burnie for our terrific work in
replacing the trees in Orient. We are delighted to be of assistance to the great Town of Southold. I will certainly
let Mr. Burnie know of your kind words. We do indeed have dedicated employees working for us, and this is in
relation to the trees. We were finally able to get DOT, New York State DOT, and LIPA together, and work
together in partnership with the town to replace the trees down in East Marion and Orient area that are kind of
chopped, over chopped, and some were dying. They really look lovely. If you are going down to the point
please take the time to look at the new trees, and I am hopeful that they will be agreeable to doing it in other
place. I also had a letter thanking the Police Department, several officers for the neighbor's daughter locked her
keys in the car, and the police department responded. They were professional and courteous, and they helped
her get her keys out, so they do a little of everything.
1. Richard M. Kessell, LIPA Chairman thanking Supervisor Cochran for letter.
2. John Copertino to Supervisor Cochran in regard to the great work of Bruno Sermon, Georgia Rudder, and
Darline Duffy.
3. Barbara Rudder to regard to the professionalism and courtesy
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy at the end of the meeting you may
bring any topic or discussion you would like, anything in relation to Town business. Right now before we go
into resolutions I ask normally for comments on any of the printed resolutions before we go into passing them.
But, before I ask for that I would just like to show you. You have heard the Town talk for quite awhile in
relation to the Local Waterfront Revitalization Program. It was presented to the Town Board today. It is three
volumes. It is over 900 pages. There will be a summary. I would like to compliment Valerie Scopaz, our Town
Planner. She has done a fantastic job, although it has taken many, many years. There were, you know, lapses in
her working on it for different reasons, and we are very happy to have it. I asked her to present it with a red,
white and blue ribbon, which she did. So, I am going to put this below now. This is a milestone. This is
finished, finally finished, all 900 pages, and the Town Board each have a copy down in the spare room that you
can take home and read at your leisure. Anyone like to address the Town Board in relation to any of the
resolutions? (No response.) If not, we will begin with #477
#477
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
Cochran to execute a software support agreement for one year with ACS for the Government Fixed Asset
System, subject to approval by the Town Attorney, and be it
FURTHER RESOLVED that the $900 annual fee for said agreement shall be a legal charge to the Central
Data Processing budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#478
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby approves an extension of the leave of
absence for Jessica Boger~ Clerk-Typist floater in Town Hall, for the period from October 10, 2001 to
October 9, 2002.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#479
Moved by Justice Evans, seconded by Councilman Romanelli, it was
7/3/01 5
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Cochran to execute a maintenance agreement with Perle for the Perle controller installed at Feather Hill,
subject to the approval of the Town Attorney, and be it
FURTHER RESOLVED that the $240 annual fee for said agreement shall be a legal charge to the Central
Data Processing budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#48O
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Island Group
Administration, Inc. to pay the medical bill of Town employee Robert Neudeck for services rendered on
November 4, 1999 (knee injury) to his dependent son John Neudeck, to Stony Brook Orthopedics Associates, in
the amount of $330.00, which bill exists due to late submission of claim by the provider due to change in health
insurance carrier for the Town of Southold.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#481
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Sound Avenue
from Love Lane to the driveway of the parking lot east of the Church of the Redeemer between the hours
of 7:00 a.m. to 4:00 p.m. on Saturda¥~ August 4~ 2001 during the Mattituck Presbyterian Church
"Almual Summer Fair" to be held on their properly at Main Road and Sound Avenue, Mattituck, New York,
provided there is filed with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the
Town of Southold as an additional insured.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#482
Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
unpaid leave of absence to Joalme Jolmsol~ Senior Citizen Assistant II~ Human Resource Center, for the
period from July 9, 2001 through August 6, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#483
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 budget as follows:
General Fund Whole Town
To: A.9040.8.000.000
From: A.1990.4.100.100
General Fund Part Town
To: B.9040.8.000.000
From: B.1990.4.100.100
Highway Fund Whole Town
To: DA.9040.8.000.000
From: DA.9901.9.000.000
Highway Fund Part Town
To: DB.9040.8.000.000
From: DB.9030.8.000.000
DB.9901.9.000.000
Solid Waste District
To: SR.9040.8.000.000
From: SR.9901.9.000.000
Wastewater District
Workers Compensation
Unallocated Contingencies
Workers Compensation
Unallocated Contingencies
Workers Compensation
Transfers to Health Plan
Workers Compensation
Social Security
Transfers to Health Plan
Workers Compensation
Transfers to Health Plan
$11,970
$11,970
$500
$500
$3,950
$3,950
$13,523
$8,121
5,402
$1,202
$1,202
7/3/01 6
To: SS1.9040.8.000.000 Workers Compensation $87
From: SS1.9030.8.000.000 Social Security $87
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#484
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Ashley Sekora as a part-th-ne
Student Intern~ to serve without compensation~ in the Southold Town Justice Court, effective July 6, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#485
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Community Prosorvation
FunO as follows:
To:
Revenues:
H3.5990.00 Appropriated Fund Balance $387,000.00
Appropriations:
H3.8660.2.600.100 Land Acquisitions $387,000.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#486
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby approves a leave of absence for Dania
Atkinson~ Public Safety Dispatcher I~ commencing with her last day of actual work on Tuesday, January 16,
2001, through March 1, 2002, utilizing her sick, vacation, compensatory, personal and holiday time, as accrued
up to January 16, 2001; and be it further
RESOLVED that the effective date of Dania Atkinson's leave under the Family Medical Leave Act (FMLA) is
May 18, 2001, and will continue her group health insurance benefit for 12 weeks from May 18, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#487 Amended February 26, 2002 by Resolution #114
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert J. Harney to the
contingent permanent full-th-ne position of Public Safety Dispatcher I in the Police Department at a salary
$25,752.63 per year, effective July 9, 2001, to replace Dania Atkinson, who is on a leave of absence.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#488
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the followin~ resolution in re~ard
to the Suffolk County National Bank:
RESOLVED, that the above Bank be designated as a depositary of this Corporation and that funds of this
Corporation deposited in said Bank be subject to withdrawal upon checks, notes, drafts, bills of exchange,
acceptances, undertakings of other orders for the payment of
money when signed on behalf of this Corporation by any one .(Number) of its following officers to
wit:
Supervisor
Deputy Supervisor
7/3/01 7
Designated Councihnan
RESOLVED, that the above bank, is hereby authorized to pay any such orders and also to receive the
same for credit of or in payment from the payee or any other holder without inquiry as to the
circumstances of issue or the disposition of the proceeds even if drawn to the individual order of any
signing officer or tendered in payment of his individual obligation.
RESOLVED, that the Supervisor or Deputy Supervisor be and they hereby are authorized to borrow from time
to time on behalf of this Corporation from the above Bank sums of money for such period or periods of time,
and upon such terms, rates of Interest and amounts as may to them in their discretion seem advisable, and to
execute notes or agreements in the forms required by said Bank in the name of the Corporation for the payment
of any sums so borrowed.
That said officers are hereby authorized to pledge or mortgage any of the bonds, stocks or other securities, bills
receivable, warehouse receipts or other properly real or personal of the Corporation, for the purpose of securing
the payment of any moneys so borrowed; to endorse said securities and/or to issue the necessary powers of
attorney and to execute loan, pledge or liability agreements in the forms required by the said Bank in connection
with the same.
That said officers are hereby authorized to discount with the above Bank any bills receivable held by this
Corporation upon such terms as they may deem proper.
That the foregoing powers and authority will continue until written notice of revocation has been delivered to
the above Bank.
RESOLVED, that the Town Clerk of this Town be and he hereby is authorized to certify to the above Bank, the
foregoing resolutions and that the provisions thereof are in conformity with the charter and By-Laws of this
Corporation.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#489
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the following resolutions with
regard to Fleet Bank:
RESOLVED: That Fleet Bank (the "Bank") be, and hereby is, designated a depository of funds of the
Depositor, with authority to accept at any time for the credit of the Depositor deposits in checking, savings,
money market savings, term or any other account, by whomsoever made in whatever manner endorsed; and
RESOLVED: That the Bank shall not be liable in connection with the collection of such items that are handled
by the Bank without negligence and the Bank shall not be liable for the acts of its agents, subagents or for any
other casually; and
RESOLVED: That the Depositor assumes full responsibility for and shall indemnify the Bank against all
losses, liabilities and claims resulting from payments, withdrawals or orders made or purported to be made in
accordance with, or from actions taken in good faith and in reliance upon, these Resolutions: and
Payment Orders
RESOLVED: That the Bank be, and hereby is, authorized and directed to certify, pay or otherwise honor all
checks, drafts, notes, bills of exchanges, acceptances, undertakings and other instruments or orders for the
payment, transfer or withdrawal of money for
whatever purpose and to whomsoever payable when such instruments and orders are properly made, signed, or
endorsed by the signature, the actual or purported facsimile signature or the oral direction of any of the
authorized signers below; provided, however, that any check, draft, note, bill of exchange, acceptance,
undertaking or other instrument for the payment, transfer or withdrawal must bear the actual or purported
facsimile signature of any 1 (if no number is inserted, it shall be deemed to be one) of the authorized
signers below; and
RESOLVED: That any authorized signer acting alone be, and hereby is, authorized on behalf of the Depositor
to endorse, negotiate and collect any and all checks, drafts, notes, bills of exchange, acceptances, undertakings
and other instruments and to open and close and update information on any account of the Depositor at the
Bank; and Funds Transfers
RESOLVED: That any of the authorized signers below acting alone be, and hereby is,
authorized on behalf of the Depositor to instruct, orally or by such other means as the Bank may make available
to Depositor, the Bank to initiate the transfer of funds by wire, telex, automated clearinghouse, book entry,
computer or such other means, and to execute agreements with the Bank for the transfer of funds from any of
Depositor's accounts and to delegate from time to time to other persons the authority to initiate the transfer of
funds from any such account; and
Additional Resolutions
RESOLVED: That the Bank may rely on any signature, endorsement or order and any facsimile signature or
oral instruction reasonably believed by the Bank to be made by an authorized signer, and the Bank may act on
any direction of an authorized signer without inquiry and without regard to the application of the proceeds
thereof, provided that the Bank acts in good faith; and
7/3/01 8
RESOLVED: That the Depositor assumes full responsibility for and shall indemnify the Bank against all
losses, liabilities and claims resulting from payments, withdrawals or orders made or purported to be made in
accordance with, or from actions taken in good faith and in reliance upon, these Resolutions: and
RESOLVED: The Bank may rely on this document and on any certificate by an authorized representative of
the Depositor as to the names and signatures of the authorized signers of the Depositor until the Bank has
actually received written notice of a change and has had a reasonable period of time to act on such notice; and
RESOLVED: That the Depositor agrees to notify the Bank promptly and in writing of any change in (a) these
Resolutions, (b) the identity of persons authorized to sign, endorse or otherwise authorize payments, transfers or
withdrawals, (c) ownership of the Depositor or the Depositor's legal structure or status, including the
Depositor's dissolution or bankruptcy; and
RESOLVED: That any of the following named persons, or persons from time to time holding the following
offices of the Depositor be, and hereby are, designated as the authorized signers to act on behalf of the
Depositor in accordance with the above resolutions (fill in names of individuals or titles of officers):
Jean W. Cochran, Supervisor
Brian Murphy, Deputy Supervisor
John Romanelli, Councilman
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#49O
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the following resolution in regard
to the Bridgehampton National Bank:
RESOLVED, that the above Bank be designated as a depositary of this Corporation and that funds of this
Corporation deposited in said Bank be subject to withdrawal upon checks, notes, drafts, bills of exchange,
acceptances, undertakings of other orders for the payment of money when signed on behalf of this Corporation
by any one .(Number) of its following officers to wit:
Supervisor
Deputy Supervisor
Desienated Councilman
RESOLVED, that the above bank, is hereby authorized to pay any such orders and also to receive the same for
credit of or in payment from the payee or any other holder without inquiry as to the circumstances of issue or
the disposition of the proceeds even if drawn to the individual order of any signing officer or tendered in
payment of his individual obligation.
RESOLVED, that the Supervisor or Deputy Supervisor
be and they hereby are authorized to borrow from time to time on behalf of this Corporation
from the above Bank sums of money for such period or periods of time, and upon such terms, rates of Interest
and amounts as may to them in their discretion seem advisable, and to execute notes or agreements in the forms
required by said Bank in the name of the Corporation for the payment of any sums so borrowed.
That said officers are hereby authorized to pledge or mortgage any of the bonds, stocks or other securities, bills
receivable, warehouse receipts or other property real or personal of the Corporation, for the purpose of securing
the payment of any moneys so borrowed; to endorse said securities and/or to issue the necessary powers of
attorney and to execute loan, pledge or liability agreements in the forms required by the said Bank in connection
with the same.
That said officers are hereby authorized to discount with the above Bank any bills receivable held by this
Corporation upon such terms as they may deem proper.
That the foregoing powers and authority will continue until written notice of revocation has been delivered to
the above Bank.
RESOLVED, that the Town Clerk of this Town be and he hereby is authorized to certify to the above Bank, the
foregoing resolutions and that the provisions thereof are in conformity with the charter and By-Laws of this
Corporation.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#491
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Eric & Christine
Novik to temporarily locate a single one family house trailer on his property at 11003 Main Road, East
Marion, for a period of six (6) months.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
7/3/01 9
#492
Moved by Justice Evans, seconded by Councilman Romanelli, 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 Planner.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#493
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lieutenant Martin
Flatle¥ to attend the F.B.I.N.A.A. 2001 Annual Training Conference at Syracuse~ New York on July 15
through 18~ 2001; and expenses for registration, travel, accommodations and meals shall be a legal charge to
the 2001 Police budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#494
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 456 adopted at
the June 19th ~ 2001 meeting, which appoints Laura Panter to the full-time position of Building Permits
Examiner effective July 5, 2001 as she has declined the position:
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#495
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby provisionally promotes Patricia Conldin
to the full-th-ne position of Building Permits Examiner in the Building Department at a yearly salary of
$39,071.84, effective July 5, 2001, in accordance with the rules and regulations set forth by the Suffolk County
Department of Civil Service.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#496
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby ratifies and authorizes the submission of
a stipulation of discontinuance in the matter of CSEA and Gary Fish vs. Town of Southold.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#497
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby provisionally appoints Damon Rallis to
the full-th-ne position of Building Permits Examiner in the Building Department at a yearly salary of
$32,908.52, effective July 5, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#498
Moved by Justice Evans, seconded by Councilman Romanelli, it was
WHEREAS the Town Board of the Town of Southold is considering the approval of the Scenic Southold
Corridor Management Plan: Farmlands and Seascapes, Hamlets and Heritage; and therefore be it
RESOLVED that the Town Board of the Town of Southold declares such planning proposal to be a Type II
Action under the SEQRA Rules and Regulations, 6 NYCRR 617.5(21); further be it
RESOLVED that no further SEQRA is required by the Town of Southold.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
7/3/01 10
#499
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold approves the submission of the Scenic
Southold Corridor Management Plan: Farmlands and Seascapes~ Hamlets and Heritage; and hereby
grants permission for Transportation Commission Chairman Neboysha Brashich~ Principal Planner
Valerie Scopaz~ and Supervisor Jean Cochran to travel to Albany to present this plan to the New York
State Scenic Advisory Commission for approval on September 10, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#500
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund ~Vhole Town
2001 Budget as follows:
To:
Revenues:
A.3772.10
State Aid
Social Adult Day Services Grant
$18,839.00
Appropriations:
Proerams for the Aeine
A.6772.1.200.100 Part-Time Employees, Regular Earnings $ 6,153.00
A.6772.2.500.200 Chairs 450.00
A.6772.4.400.200 Massage Therapist 12,236.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#501
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts with regret the resignation of
John Woodhouse from his position as Maintenance Mechanic I at the Southold Town Human Resource
Center.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#5O2
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to
advertise for the position of Maintenance Mechanic I for 17.5 hours per week more or less at $12.00 per
hour at the Southold Town Human Resource Center
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#5O3
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts with regret the resignation of
Mary Beth Gramazio from her position as a part-th-ne clerk in the Tax Receivers Office.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#5O4
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs a Conununity
Preservation Fund refund in the amount of $1~200.00 to Laurel Lake Vineyards.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#505
Moved by Councilman Richter, seconded by Justice Evans, it was
7/3/01 11
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town
Clerk Elizabeth Neville to advertise for Members of the Conservation Advisory Council.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#5O6
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk
Elizabeth Neville to advertise for Members of the Land Preservation Committee.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#5O7
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby retains the environmental consulting firm of
Nelson, Pope and Voorhis to conduct the environmental review of the Local Waterfront Revitalization Plan
pursuant to the SEQRA rules and regulations; and be it further
RESOLVED that Supervisor Jean W. Cochran is authorized to execute an a~reement with the finn of
Nelson~ Pope and Voorhis such agreement subject to the approval of the Town Attorney
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#508
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED by the Town Board of the Town of Southold that effective June 19~ 2001 the Town Attorney is
entitled to accrue up to five (5) hours of compensatory th-ne per week through December 31,2001. Town
Attorney is to submit a Benefit Time Sheet signed by the Supervisor to the Accounting Department. The Town
Attorney shall continue to have three (3) weeks vacation and fifteen (15) sick days per year.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#5O9
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the followin~
Members of the Conservation Advisory Council to another two (2) year term of office, to expire on June
18, 2003: Melvin Morris, William McDermott and Bret L. Hedges
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: Before I go out for comments I would like to make a few comments myself in
relation to not only the holiday tomorrow, but the summer in total. We would like to once again remind you
about pool safety. Many more people in the Town of Southold have swimming pools then they had in the past,
and we certainly don't like to see tragedies through the summer months, so please, always be aware. If you have
young people in your pool take proper precautions. Also, we would like to again remind you that summer is the
time for parties and clam bakes, and cooking out, and maybe that extra beer before you head for home, and give
a second thought to it. We have go to try to keep the highways as safe as possible, not only tomorrow, but
throughout the summer, and for tomorrow especially we would like to ask you to, please, please, we all know
that fireworks are illegal. Somehow people seem to get them whether they are illegal or not, and we would just
like to say please be very cautious, and if you see a firecracker there, just grind it out with your heel, not a lit
one, but just sometimes people throw them away to get rid of them, but, please, just common sense to our
residents for the summer. Let's plan a little safety, and have a healthy and happy summer, and enjoy it. I will
take comment from the audience on any Town business that you would like to share with us, so is there anyone
that would like to address the Town Board, something, pro, con, whatever. Ed, I got your letter today. I will be
giving copies to the Town Board.
ANN PHILLIPS: Good evening. My name is Ann Phillips from Cutchogue. Mr. Romanelli, I would just like to
tell you that I attended the Animal Shelter Committee several weeks ago. I was out of town for the last meeting
so I couldn't talk to you, but I wanted to tell you that I thought that it was a very good meeting. I thought it was
free flowing, that you allowed the general public, who is not part of the committee, to enter in, and make
comments, and I felt that this was a very good situation, because you were giving your hand instead of the
7/3/01 12
gauntlet. I think there was a lot of input, and things that we can learn from that. I know that you and Mr.
Richter that nothing was written in cement, and that things could be changed, and that Dr. Cohen was very
helpful in many things that he had to say. But, I know that at times you, perhaps, think that you take personal
afl?ont with something that I say when in fact, I would just like you to know that anything that I have to say is
objective, and not subjective, and that I am an advocate of the animals. I am not on any side. I want the very
best for the animals, and you know, $500,000 is a lot of money, so I think that I want it to be spent in the proper
direction. Has there been any input on this?
COUNCILMAN ROMANELLI: I appreciate all your comments, and I thank you for them.
ANN PHILLIPS: I really thought you were very, very gracious.
COUNCILMAN ROMANELLI: Dr. Cohen offered a tremendous amount to the committee, and Jim Richter
and I went up to his hospital in Riverhead last week, took a tour, saw how he did some things, got a few
changes out of the way his is constructed. It is a new drawing, same footprint just some technical stuff has been
changed.
ANN PHILLIPS: Are you going to go with that cement base?
COUNCILMAN ROMANELLI: We are actually waiting for estimated prices back to determine where they are
going to fall. We are probably going to call another meeting towards the end of next week once we get all the
numbers back, and then from there we are hoping after that meeting that we have all numbers we need, and we
can pick away and go.
ANN PHILLIPS: I just think that, you know, that you should be told that did something good when in fact
sometimes you think we are outspoken, when in fact we are really not. We are just trying to get the animals to
have the best they can.
COUNCILMAN ROMANELLI: Thank you.
ANN PHILLIPS: It was very enjoyable and informative. Thank you.
SUPERVISOR COCHRAN: Look at John grin. He gets red, too.
COUNCILMAN ROMANELLI: I was trying to hold it in, Jean. I was going to do a dance on top of the
counter.
SUPERVISOR COCHRAN: It is all in good fun. Anyone else like to address the Town Board? Yes, sir?
MICHAEL SCHMITT: My name is Michael Schmitt. I am from Mattituck. You might remember us from last
year some of you. We were here about the problem with the noise ordinance, and the Greek Church. We had the
problem last year, and this year we are having the same problem.
SUPERVISOR COCHRAN: I thought things were going much better, and you guys all sat down, and
communicated.
MICHAEL SCHMITT: Well, we did that towards the end of the year, and they made their promises to us, and
we are back here at ground zero again. So far this year they have had three parties, and all of them have been
very intrusive. I sat down and spoke with the Sunday to see if we could rectify the situation before we have to
resort to outside sources, and it doesn't seem that we are getting anywhere.
SUPERVISOR COCHRAN: I am sorry to hear that.
MICHAEL SCHMITT: I talked to the pastor. He is very understandable. He basically said to me in his own
words we are right, and they are wrong, but that the Board of the church will not listen to him. This Sunday they
held a party there, and basically the properly was rented out to a church from Astoria, Queens to hold their
party. Before the man realized why I was there he came up to me and said, do you know why we have this party
out on Long Island? I said, no, why? He said, we are not allowed to have it in Astoria anymore, because the city
has placed so many restrictions on us, because we were too loud. I said, well, what made you think that when
you came out to Long Island you weren't going to have the same problem? He said, I guess we have the same
problem out here. Again, last year we called the Police several times, and the Police came and told us there is
nothing they can do. This year we have called them twice, and we still get the same answer, there is nothing
they can do. So, basically I am here to ask you what can we do?
7/3/01 13
SUPERVISOR COCHRAN: We have been talking about a noise ordinance, and it is in the Code Committee
right now. I don't know how far we are with it.
COUNCILMAN MOORE: I have said it a few times I was really loath to add my personal philosophy of adding
more laws out here in the community that for the most part seems to get along with a certain amount of
neighborliness. I says, it is ten o'clock, eleven o'clock at night, you go to your neighbor, and say turn it down,
please, and yet I heard the same comments that you guys made last summer, and sat down with the Chief of
Police, and said, okay, the ball is really in your court. It is the Police Department that said, we need to have this
law, not the Town Board. The Chief gave his input to us, and to a meeting I had with him with a couple of
Councilpeople, and has identified a type of ordinance, at least the most nominal noise ordinance that he feels he
needs at the present to do that. So, it is in the process of being drafted right now, and hopefully I will have the
draft to the Town Board in two weeks. I am hoping that would be were it is at. It would be a noise ordinance.
Hopefully from the Chief's prospective it is enough that he has something in his hands, and you wouldn't get
that answer back, sorry there is nothing we can do.
MICHAEL SCHMITT: The only problem I was when an officer came to my house she had stated that the noise
ordinance being worked on was geared more towards the vineyards.
COUNCILMAN MOORE: That is not correct. This noise ordinance is directed toward noise. The vineyards
came in and tried to self-police, and they suggested among themselves, the Wine Council has some
recommendations if the vineyards agree or abide by limiting noise to a certain time. They know that certain
types of music and certain amplification systems can be very troublesome so, they are trying to self-police.
They don't get the phone call or the visit from police officer. Maybe that will work for them. Let's hope it does,
but for the rest of us...
MICHAEL SCHMITT: It is not working for me. The other issue that I think would help us out is you have to
obtain a permit for a function like this. It basically doesn't take much to get a permit from the Town of Southold
to hold a party. I called the Clerk's Office today to just check up on something else that heard, is you need
permit for a yard sale. You are limited to one yard sale per calendar year, but you can have as many parties as
you want.
TOWN CLERK NEVILLE: Well, I refer it to the Chief of Police before issuing a permit. Upon their
recommendation, if they recommend that a permit be issued, then I issue it.
TOWN ATTORNEY YAKABOSKI: I don't believe there are any restrictions in the Code.
MICHAEL SCHMITT: You have a restrictions on yard sales, but you don't have restrictions .....
TOWN ATTORNEY YAKABOSKI: I believe you are correct.
SUPERVISOR COCHRAN: You have to remember we haven't had wild parties like this until recently.
MICHAEL SCHMITT: When I moved in I didn't think I was going to have them at a church either, but
unfortunately I do.
SUPERVISOR COCHRAN: I understand.
MICHAEL SCHMITT: Further another problem is, we spoke about this last year, was when they submitted
their permit for their plans to build this pavilion in their parking lot. Their plans stated that their intended use
was for a picnic area. I think it has far become more than a picnic area when they are renting their property out
and their pavilion to a church from Astoria. Every weekend they are selling food at these functions. It has
become more of a restaurant than a church, and I as a homeowner have to get a permit for anything that I want
to do on my property. I just had to get a permit for a shed. Now, if I get my permit for my shed, and my
intended use is a utility shed, and I turn it into a lemonade stand I am sure the Town is going to come down, and
put a kabash on it. Now, how do they get away with saying the intended use is a picnic area, but every weekend
they are hiring a live band and renting the property out. We came last year and discussed this situation, but
between the permits for the parties, the Noise Ordinance, and revoking maybe their Certificate of Occupancy.
COUNCILMAN ROMANELLI: I have to be honest with you. I remember the group coming in last year, and
we asked you to go back to the church, and we never heard again, at least from my prospective, and I thought
the problem was taken care of as neighbors you work it out. What you are bringing up here today about them
selling food, and having a party, I live in Southold and I don't go up to Mattituck on weekends usually. I knew
nothing about it. This is the first I am hearing about these.
MICHAEL SCHMITT: I welcome you to come to my backyard on a weekend.
7/3/01 14
COUNCILMAN ROMANELLI: I believe. I think the only way that we can even do anything about it is if a
complaint is filed, and then at least we become aware of it. I had no idea this kind of activity was going on in
Mattituck on a weekend, and it is in your backyard, and they are renting it out to another church. This is all new
to me. So, the complaint has to be filed, wouldn't you say?
MICHAEL SCHMITT: So, who would have to speak to, to file a complaint?
SUPERVISOR COCHRAN: Part of our problem in the Town of Southold for many violations, not just what
you are finding is that the staff of inspectors work only on weekdays. They work eight to four Monday to
Friday, and so that is when everybody breaks the law is Saturdays and Sundays. It is the Gospel truth. I have
seen cesspools being put in on Saturday, and it goes on, and on, and on. One thing that I was thinking about,
and I was going to recommend to the Board is... and we have to go through the Union because the contract says
they can only work Monday through Friday eight to four, I mean this is all tied into contracts, and so forth, but I
think if we were able to have a rotation of some of our inspectors so there is someone out there on Saturdays
and Sundays. That is what we need, so that when something like this is going on you are able to call and the
inspector, the enforcement arm, is able to say, hey, you are in violation here, and issue a summons then. We
don't have that body in place on a weekend, so we are going to have to talk about this.
MICHAEL SCHMITT: Now, the permit process however, though, don't you look at okay these people are
asking for a permit again, and last week we received several complaints about that party, let's issue him another
one.
TOWN CLERK NEVILLE: Actually they applied for everything at one time, and it was all sent to the Police
Department, and they approved them all.
MICHAEL SCHMITT: And they called them what? Picnics.
TOWN CLERK NEVILLE: I don't issue them on my own. I only issue it at the recommendation.
MICHAEL SCHMITT: Does the Town have the authority to revoke a permit?
COUNCILMAN MOORE: I would think so.
MICHAEL SCHMITT: If you are calling it a picnic you can come to my house and clearly see it is not a
picnic.
COUNCILMAN MURPHY: Do you know when the next one is scheduled for?
MICHAEL SCHMITT: The next ones are scheduled for this Saturday and Sunday, the weekend after that, and
then they have their big festival the 27th, 28th and 29th, so I am without a July for enjoying my property
basically.
COUNCILMAN MURPHY: Saturday and Sundays?
MICHAEL SCHMITT: Yes.
SUPERVISOR COCHRAN: When the vineyards ask for permit don't they have submit it to the ZBA?
TOWN CLERK NEVILLE: That is a different type of permit. That a public events permit.
COUNCILMAN ROMANELLI: We have to look at this.
TOWN ATTORNEY YAKABOSKI: You should file a complaint with Eddie.
COUNCILMAN MOORE: Would you call on Thursday Ed Forrester in the Building Department.
MICHAEL SCHMITT: We went over that last year with Ed.
SUPERVISOR COCHRAN: Bear with us and try it again.
MICHAEL SCHMITT: So, you want me to just call Ed?
SUPERVISOR COCHRAN: On Thursday and lodge a complaint.
7/3/01 15
COUNCILMAN MURPHY: Do you know what the timings are, Sunday afternoon, Saturday nights?
MICHAEL SCHMITT: Like Saturdays it ran from six to midnight. Sundays ran from twelve noon to 5:30 until
it started pouring out. That is why they shut down. They advertised all week for the Saturday one, and what they
did was Sunday morning they just changed the signs, and the dates to Sunday afternoon.
TOWN CLERK NEVILLE: They were only to have one per week. I will check the file.
MICHAEL SCHMITT: They had two this past weekend. Like I said one was rented out for the Astoria Church.
COUNCILMAN MURPHY: What street do you live on?
MICHAEL SCHMITT: I live on Selah Lane. It is a fairly new street off of Westphalia.
COUNCILMAN MURPHY: It is like cul-de-sac?
MICHAEL SCHMITT: Yes.
COUNCILMAN MURPHY: Where is your house located?
MICHAEL SCHMITT: I am right in the cul-de-sac. My backyard abuts the pavilion.
SUPERVISOR COCHRAN: Let's see what we do.
CHRISTOPHER MURPHY: Hi. My name is Christopher Murphy. I saw you guys last year also. It is good see
you again after a long quiet winter. I just have a couple of questions more specific and technical. First of all I
agree with everything Mike says. With regard to the Noise Ordinance, who drafted this Noise Ordinance that is
now in committee?
SUPERVISOR COCHRAN: The Code Committee is reviewing different ones.
COUNCILMAN MOORE: We grabbed five or six different municipal noise ordinances throughout the state.
CHRISTOPHER MURPHY: So is there any one Councilman, or Council member, who put this together, who
would be the most knowledgeable about it?
SUPERVISOR COCHRAN: Bill, he is Chairman of the Code Committee.
CHRISTOPHER MURPHY: A couple of really specific questions about the Code. I am sure you can answer
them since you are involved.
COUNCILMAN MOORE: IfI don't have answers for you I will get them for.
CHRISTOPHER MURPHY: The first question is the Code that is in committee is the legal verbiage or the
language of the Code such that any religious fraternal organization is exempt from these type of noise
ordinance?
COUNCILMAN MOORE: No.
CHRISTOPHER MURPHY: So it specifically covers ....
COUNCILMAN MOORE: It covers noise.
CHRISTOPHER MURPHY: The second question is in order to have some kind of teeth, and not be more
quality, but more quantity that a good noise ordinance should have a threshold of some type, which is
established. All across the United States of America many, many counties and municipalities have established
through scientific surveys and whatnot decibel levels that they deem to be reasonable noise, dangerous noise,
frequencies, exposure times, is what an officer or a code enforcement agent would need in order to really be
able to use this tool you are about to give him, is there some type of decibel threshold written into the Code that
they can measure, and say, okay you are now in violation or not in violation?
COUNCILMAN MOORE: That was the big debate that we had, and subject to counsel telling us that it is not
the way to go the Chief has requested that we don't go into such a scientific specific category, and in looking at
the ordinances of the five or six different towns we have looked at the threshold numbers, and the decibel
meters, that is only one component of those ordinances, and what struck me was how much community
7/3/01 16
reasonableness is imparted into those such that if all of us sitting here consider ourselves to be reasonable
people, and we all agreed that at two o'clock in the morning a screaming loud rock band on anybody's property,
whether it is commercial, church or residential was not reasonable an officer could easily write somebody, and
say, turn it down, or you are getting a violation. The officers have in the existing body of State Law a lot of
authority when something is or isn't reasonable. Reckless driving for example isn't specifically defined in the
State Vehicle and Traffic Law, but the officer has to set forth the factual disaffection of why he or she has
written up a violation. The Chief presently believes that we can by with, call it half the ordinance. It is more
than half, which relates to the reasonable standards, the hours, and those types of things, and definition of what
unreasonable noise consists of. It is kind of like the stupid thing that comes out pornography. I know it when I
see it. You know the quote that given to Justice Stevens. You know.
CHRISTOPHER MURPHY: But the language of the Code is such, I mean what part of the Code actually
allows an officer or a Code Enforcement Officer to say, hey, from what I can see, from what I can observe as a
ordained officer of the law here, you are now in, at this point, violation, or is this more again a quality of...
COUNCILMAN MOORE: It is qualitative thing, but in speaking with the Chief and Lieutenant, they honestly
believe at present, now we are in the hot new summer, and it is all over again, they honestly believe that they
get compliance 99 times out 100. Obviously with you folks here today you are that exception to the rule, and
why we don't want them to say they don't have a tool. If this is what he needs honestly I think even with the
more subjective and less quantitative approach when someone from that church, if in fact someone goes in there
10:00 P.M., 11:00 P.M., and says this is unreasonable and they are written up, and they are told they are going
to be down in Justice Court on Friday morning two weeks later, I think that we may find some more voluntary
compliance coming from any property or organization that is out there being unreasonable, and they would like
to give that a shot first before they get into the .... You talk to other towns and they do the decibel approach and
they buy the machine, and it sits in the truck of the car, and never gets used. If this doesn't work we will go and
add the second half, but right now we didn't want the department saying there is nothing we can do. We don't
have the tool. They have told us they think this sufficient for a tool.
CHRISTOPHER MURPHY: I understand what you are saying, and I agree with you, and I know that you see
the situation much the same way that I do, because even in the Times-Review article, April 27 of last year
regarding the Orient noise from the dirt bikes you had stated that, you know, a person's pursuit of happiness is a
sacred thing in so far as it doesn't interfere with someone else's pursuit of happiness. All right? I am
paraphrasing or whatever, but that whole premise, that whole theory is constructed upon the assumption that
you are going to be reasonable, and I am going to be reasonable, and I am a reasonable man, but I don't
understand some of the things that are going on back there. I don't understand how an organization can rent a
picnic area, which was constructed for their picnics I assume, I think the Town Board probably assumed the
same thing, to people hundreds of miles away to be used to bus in lots and lots of people and destroy the quality
of life of the surrounding area for awhile, and then go away, and claim that they can't do anything abut it. That
is not reasonable.
COUNCILMAN MOORE: That issue of the use Ed in the Building Department will look into, and see if there
is something that is not being done properly. It is a slightly separate issue. We will deal with them from our end,
the noise side, and the policing side, which we do have police on 24 hours a day, as you know, 7 days a week,
and they can show up, and I was just grinding my teeth over the past several years as we sat there and said,
there's nothing we can do, there is nothing we can do, and so we finally put the monkey on the chiel?s back, and
say, okay, what do you want? So, that is no longer a sufficient justification. If what we give him proves to be
unworkable, and inadequate, we will crank it down one more notch. We have all the material. We will just add
it in.
CHRISTOPHER MURPHY: One last question to ask, and I know you have the Town Attorney sitting right
here, and I am assuming that you are very familiar with all the Codes, and what constitutes an infraction in
cases such as these. Is it legal to do what they may be doing? Take a picnic area that was authorized by the
Town Board for purposes of picnics, and rent it for monies to other parties, not even within the town, for any
period of time under that permit, under that application?
TOWN ATTORNEY YAKABOSKI: The answer I give. I get that question a lot, not on this particular church,
but all the time. The answer I give to everybody I am going to give to you. It is not going to make you happy.
All that goes directly to Ed Forrester, Code Enforcement. There is a consistent approach each time to that
question. I definitely work with Ed behind the scenes. It is definitely an issue, which should be looked at, and
you have a point to be addressed. It is not going to answer your questions tonight, because that is how I handle
everything. I like to keep that consistent approach if you don't mind.
CHRISTOPHER MURPHY: If it was illegal would you tell me now?
7/3/01 17
TOWN ATTORNEY YAKABOSKI: I mn everything through the Code Enforcement, so that is who is always
speaking.
CHRISTOPHER MURPHY: So, it may or may not be legal?
TOWN ATTORNEY YAKABOSKI: Correct.
CHRISTOPHER MURPHY: You are not saying, no, but you are not saying, yes.
TOWN ATTORNEY YAKABOSKI: Absolutely, I didn't answer your question.
CHRISTOPHER MURPHY: You're a good attorney. I understand exactly what you said. You want to maintain
consistency.
TOWN ATTORNEY YAKABOSKI: Yes, but, please, Mr. Schmitt or yourself, please come in, or over the
phone on Thursday as my recommendation behind the scenes here is, please, talk to Ed Forrester. I will tell
what is going to happen. He is going to come to talk to me, and I am going to have all this information you
gentlemen just imparted and talk to him.
CHRISTOPHER MURPHY: I think what I should say, too, before I just go back to sitting down. I want you to
know I spoke with Father Karlaxis last year on several occasions, and he is a very, very nice man. He is very
understanding, and I think he is just basically caught in a bad situation. I kind of feel bad for him, but as much
as I feel bad for him and the church, and the North Fork Greek Community Organization that I guess that built
this picnic area, have a responsibility, just like I do to their neighbors, which is me, just to be reasonable. Like
you said earlier to get along with each other. It is a shame that we have to here talking about it, but here we are.
COUNCILMAN MOORE: So, we will give the first trial.
COUNCILMAN MURPHY: It is like, you know, talking about reasonable behavior, I know I have been
involved in many church groups. You know like they have a big festival coming up. All right, it is a two or
three day thing for one weekend. Everybody can say, all right it is their fundraiser. This is fine, but can you
determine it reasonable when every weekend? You know, and this where I think you are entirely right. This is
not reasonable behavior at all. Like I say, once a year you can say, okay, this is their fundraiser.
TOWN ATTORNEY YAKABOSKI: That is what we are saying, right?
SUPERVISOR COCHRAN: Last week I was out weeding my little garden in front of my house.
COUNCILMAN MOORE: She had the radio blaring.
SUPERVISOR COCHRAN: No. Somebody down on the corner did. They were parked in the driveway and
they had it turned up as loud as the speakers would go.
COUNCILMAN MURPHY: And you danced over the front lawn, right
SUPERVISOR COCHRAN: No, I did not. I weeded up to a point, and said to my husband, I don't want that
music. They are affecting my quality of life. I am weeding. I don't need music in the background. He went
down, and asked them to turn off, and they did turn it off, but I can appreciate this. Now, you had the problem
last summer. You came in. We thought things were fine, because you had met the church on, and on, and on.
This is the first it was brought to our attention this year, so we will try to deal with it. Okay? (Tape change)
SALLY BALL: Thank the Board members for saving the Whittaker House. It is exciting to know that the house
is going to be the entrance into Southold Preserve.
SUPERVISOR COCHRAN: We are hopeful if Jim Grathwohl raises all the money.
SALLY BALL: Well there is a lot of money out there on the State and Federal, and a lot of matching funds
available. It is going to exciting for the Townspeople of Southold to know about it, who owns houses that are
going to be designated historic. They will be able to learn from the Town. That is not why I am here. I wanted
to thank you, though. I am here about the five-acre zoning, and affordable housing. I am a real estate broker. I
was a real estate broker for twenty years over in Easthampton, and there are a lot of streets named after me,
Sally Lane, and Sally Road, because I worked with children of Easthampton, and they are now grown, and they
have their homes. There is nothing. I have six couples right now, local people. Now with the influx of
Easthampton brokers, and the affordable and the five-acres your affordable plan is not going work. That is just
going to help the developers, less roads to build, closer cluster them. I hated when Easthampton Town got in the
7/3/01 18
real estate business. I hated it. How can they do that? But, you have to do it for the young people. You are
going to have to get involved in the real estate for lots for the young people. You are going to have to look over
at the South Fork, and see what Easthampton did to keep their young people, to keep their service people there,
to keep your plumbers and electricians, and your lawn mowers.
SUPERVISOR COCHRAN: We have more affordable housing that we produced, I think, in the Town of
Southold than I think Easthampton has produced, and we have Elijah's Lane. We have the one over here across
the way from Dave Defriest, Jasmine. We have the one up on Boisseau, Highpoint. They were done 16, 17
years ago, and they are lovely, lovely homes.
SALLY BALL: They went for about $135,000. They are going to go for a lot more now.
SUPERVISOR COCHRAN: Well, not that much more, we are hoping.
SALLY BALL: The average person doesn't make a thousand dollars a month. That would be the mortgage. The
mortgage is going to be $1,000. If they can get the $35,000 to put down on the land. It is really rough on the
young local people. Even two salary homes can't do it.
SUPERVISOR COCHRAN: We will be working with grants from the State, and some other things, and this is
all private enterprise.
SALLY BALL: But, think a little bit ahead now into the hamlet areas when you do the five-acre zoning, or keep
in mind the young people. They are here. They are abundant.
SUPERVISOR COCHRAN: I always have.
SALLY BALL: I know you have, Jean, but they are more so now. There are no more little cottages left. They
are no more fixer uppers. They are all going to go to the people from the South Fork, where they are advertising
extensively over there.
SUPERVISOR COCHRAN: Any of the affordable housing projects we have done the priority is kids of ours
that work and live in the Town of Southold. They have first dibs, and then you have to either live or work in the
Town of Southold. That an and/or, bit we have never gotten to the other. I mean we have always filled these
project with our own kids that are the plumbers, pumps gas down the corner, so it is very well controlled.
SALLY BALL: They are out there, and they are feeling cheated right now. I just wanted you to be aware of
what is out there now. Thank you.
SUPERVISOR COCHRAN: Thank you. We had another group in today in relation to senior rentals, so we are
dealing with the problem, and hopefully we will have some good things happening. Anyone else like to address
the Town Board on any topic? (No response.) If not, I will call for Board reports. Craig, do you have anything
to report?
COUNCILMAN RICHTER: No, just everybody have a Happy Fourth of July and a safe one.
SUPERVISOR COCHRAN: John?
COUNCILMAN ROMANELLI: Same thing. Enjoy.
SUPERVISOR COCHRAN: Louisa?
JUSTICE EVANS: Ditto.
SUPERVISOR COCHRAN: There is a nice parade in town tomorrow, 11:00 o'clock. It is real Americana,
small town Fourth of July. I love it. How about you, Brian?
COUNCILMAN MURPHY: Just one quick thing. I met with the Land Preservation Committee last night. This
morning, and Saturday morning, I met with some of the local farmers, discussing some of their concerns on the
five-acre zoning parcels, you know, five acre zoning proposals, and they are going to submit some of the ideas
that they have had as to protecting their equity, and what we might be able to do, so we are working with the
farm community and hopefully we can come to a equitable solution with them and ourselves as to achieve what
we are trying to achieve.
SUPERVISOR COCHRAN: I will entertain a motion to adjourn.
7/3/01 19
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 7:57 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman Romanelli,
Elizabeth A. Neville
Southold Town Clerk