HomeMy WebLinkAboutTB-05/09/2000SOUTHOLD TOWN BOARD
MAY 9, 2000
WORK SESSION
Present: Supervisor Jean W. Cochran, Justice Louisa P. Evans, Councilman William D. Moore,
Councilman Brian G. Murphy, Councilman John M. Romanelli, Councilman Craig Richter,
Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski.
9:05 A.M. Appointment Comptroller John Cushman Re: IV. 1. Request to add his name as a
signatory on official civil service documents. The Town Board approved of this request. (See
Resolution No. 26).
9:10 A.M. Appointment James Bunchuck, Solid Waste Coordinator, and Tony Conetta of
Dvirka & Bartilucci, to update the Town Board on what has transpired since three years ago
when they developed a concept plan together with the task force. The three areas to be addressed
were: (1) to build a new transfer station immediately adjacent to the existing one; (2)
Improvements to the existing collection center; (3) Drop-off center for self-haulers. The cost
for these improvements at that time was $3 million. He presented a map and explained the cost
for each part of the plan. The new transfer station cost was $1.3 million. The 50% match for
state assistance is only for recyclables. The Town would be responsible for 100% of the $1.3
million cost for the transfer station. The self-haulers drop off area at a cost of $1.57 million
would be eligible, but the Town would have to lay out the money and apply for a reimbursement.
A 50% reimbursement of $140,000.00 for the improvements to the existing collection center
could be realized, if part of it is dedicated for recyclables. Mr. Conetta explained that at that
time, three years ago it was decided not to move forward because of the cost. He advised that
today the Board, if they wish to stay within the same budget, has a choice of three options: (1)
Just make the improvements related to the landfill closure. (2) More elaborate plans at a higher
cost. (3) Scale everything down to make it cheaper. He suggested the transfer station, which
only receives 15 loads per week as an area to re-think the design of. $1.5 million for 15 loads is
very expensive, perhaps this is an area to keep the project cost down. He made the following
suggestions: (1) use existing ramp with new foyer structure to go over top to drop right into
chute. (2) Cut down on area to be paved. However, he suggested that they still might want to
do some of the improvements to the building such as the new roll-up doors. Self-haulers will be
dropping off recyclables. The number of bins originally planned was nine. Perhaps some of the
categories could be commingled to cut down on costs. Plastic, glass, and cans could be cut
down from 9-10 bins to 5. Supervisor Cochran asked if we co-mingle our recyclables, would it
help us to meet our quotas and enable us to apply for more grants? Mr. Bunchuck answered yes
definitely. Mr. Conetta also suggested putting the cardboard right into a compactor pack-a-truck
to cut down on it blowing around the landfill. The painting of parking stalls would add to the
order, efficiency, and safety of the area. Mr. Conetta presented pictures of some of the
arrangements he was talking about at Stamford, Connecticut and Valley Stream, New York and
suggested that Mr. Bunchuck visit these facilities to inspect them. Councilman Richter brought
up the question of accidents on County Road 48 and asked if the access shouldn't be moved.
Supervisor Cochran concurred that the traffic pattern must be altered. Mr. Conetta suggested
driving through to exit on Cox Lane. Mr. Bunchuck discussed the Ag-Bag permit application, it
has been on hold but they expect to get the yard waste permit and start-up again very soon.
There was a question and problem on food and fish wastes. Mr. Bunchuck discussed asphalt
versus crushed stone for this area. Councilman Romanelli reminded that the holding tanks for
the scavenger waste must be considered and fit in someplace at the landfill on a long-term basis.
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The Supervisor directed that Mr. Bunchuck have a standing appointment of 9:00 a.m. to 9:15
a.m. at all future work sessions of the Town Board meetings to update the Town Board on what
is happening at the landfill. Mr. Bunchuck will be present at every meeting at 9:00 a.m. to give
an update on the landfill.
On motion by Justice Louisa P. Evans, seconded by Councilman John M. Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive
Session at 10:00 A.M. for the purpose of discussing acquisition of property.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Romanelli, Councilman
Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. Also present: Town Clerk
Neville, Town Attorney Yakaboski.
On motion by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board hereby exits from this Executive Session at 10:40 a.m.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Romanelli, Councilman
Murphy, Councilman Moore, Justice Evans, Supervisor Cochran.
10:40 A.M. Edward Forrester, Building Department Head, and James McMahon, Executive
Administrator (in the absence of Trustee King who was not able to attend) appeared before the
Town Board with regard to road run-ofl~ Mr. Forrester said that they have been receiving a lot of
complaints on stormwater and road run-ofl~ The Town Attorney was instructed to obtain the
federal regulations to give to the Code Committee to review the overall problem. It will also be
referred to Cornell University, L.I. Farm Bureau, and the Suffolk County Soil Conservation for
their recommendations.
11:50 A.M. Cliff & Tish Clark, proprietors of the South Ferry Boat appeared before the Town
Board to apprise them of their plans for a new boat. The new boat a 36 foot Sea Hawk will
carry up to 35 people making a west loop to Sag Harbor, it will take 30 minutes for the crossing
and every 2 hours they would leave port with 1 vessel. They will be accommodating the Bed &
Breakfast & Hotel guests of the area, as well as the residents. The cost would be $20. to $25. for
a round trip, $15. for one way crossing. They will also be doing a Restaurant Run from 6:00
P.M. to 10:00 P.M. to give people on both sides a chance to visit each other's restaurants. They
are also considering doing an off-season Lighthouse Tour. They have met with Neb Brashich
and Valerie Scopaz of the Transportation Committee and Cross Sound Ferry and they are both
happy with the idea of their expanded services. Legislators Michael Caracciolo and George
Guildi have voiced their support for them. The Clark's indicated that they would like to widely
publicize their plans and garner as much support as they possibly can. The Town Board added
their support and thanked them for their presentation.
On motion by Justice Louisa P. Evans, seconded by Councilman Craig Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive
Session at 11:07 A.M. for the purpose of discussing the acquisition of property.
Vote of the Town Board: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran. Also present: Town Clerk Neville,
Town Attorney Yakaboski.
On motion of Councilman William D. Moore, seconded by Justice Louisa P. Evans, it was
RESOLVED that the Town Board hereby exits from this Executive Session at 11: 45 a.m.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
11:45 A.M. Venetia McKeighan, Director of Human Resources appeared before the Town
Board to discuss her plans for a satellite office at Greenport at the A.M.E. Zion Church. There is
a need to service minority people in the area with health problems such as high blood pressure,
etc. They would be delivering the same meals as the home delivery meals. There would be no
cooking on these premises, it would all come from Mattituck Center. Approximately 35 people
would be fed from this site. The annual cost for rent would be $2,400.00. Ms. McKeighan has
received a donation towards the rent. There is some work that will need to be done to to make it
handicapped accessible. A 4-5 ft. platform ramp is needed and a pathway has to be made for a
wheelchair. Supervisor Cochran told her to contact Superintendent Jacobs to ask for help with
5/9/2000 3
this. It was decided to do a 6 month pilot project. There is a food permit application that must
be signed by the Supervisor and sent in to the Suffolk County Health Department. (See
Resolution No. 26).
Supervisor Cochran asked for the Board's permission to give their approval to join in the support
and send a letter to Vince Cannuscio supporting the amendment of Assembly Bill A9586 and
Senate Bill S7099 to ensure that these bills are amended to form a Peconic Estuary Advisory
Council, not a regulatory authority under the auspices of the Pine Barrens Commission to
oversee the implementation of the Comprehensive Conservation and Management Plan (CCMP).
They don't want to see another Pine Barren's set-up on the east end.
12:00 P.M. The Town Board reviewed the IV. For Discussion Items as follows: IV. 1. John
Cushman as signatory for Civil Service documents. Already taken care of. (See Resolution No.
26). IV. 2. Secretary for Board of Assessment Review during hearing and deliberation. The
Town Board authorized the Town Clerk to advertise for this position. (See Resolution No. 27).
IV. 3. Preservation Lectures request of Landmark Preservation Commission. The Town Board
agreed, provided they have it in their budget. IV. 4. ACS Computer Proposal. This item was
held at this time. IV. 5. Future plans for Filzgerald property, Fishers Island. Justice Evans
provided the Town Board with an artists drawing of future plans for this dock/beach property.
IV. 6. Fishers Island Sewer District, approval of work to be done. The Board approved it in an
amount not to exceed $4,000.00. (See Resolution No. 29.) IV. 7. Buildings & Grounds/Parks
job descriptions and salaries. To be discussed in Executive Session, personnel. IV. 8.
Exempting parcels from the 2% Community Preservation Transfer Tax. The Town Attorney
explained the possibility of the Town accepting restrictions which would permit the parcels to be
exempt from this tax. The Board all agreed that this was the original intent. (See Resolution
No.'s 30, 31, & 32). IV. 9. Cablevision's proposed "Rules & Regulations" regarding public
access. The Town Board discussed the effects that they will have. A resolution was placed on
the agenda to request a second public access channel from CATV. (See Resolution No. 36). IV.
10. Appointments to Transportation Committee. The Board will appoint Ruth D. Oliva and
Michelle Zaloom. (See Resolution No. 33).
12:35 P.M. The Town Board recessed for lunch at this time. Work Session reconvened at
l:10p.m.
On motion by Justice Louisa P. Evans, seconded by Councilman Craig Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session
for the purpose of discussing personnel.
Vote of the Town Board: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran. Also present: Town Clerk Neville,
Town Attorney Yakaboski.
On motion by Councilman Brian G. Murphy, seconded by Councilman John M. Romanelli, it
was
RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive
Session at 1:45 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
1:45 P.M. For Discussion Item IV. 4. ACS Computer Proposal was discussed. Councilman
Romanelli reported that a meeting of the computer committee was held last Friday. A.C.S. will
be ready to start work in the first week of July. The computer equipment will be moved out of
the downstairs men's bathroom into the data processing & old Historian's Office. The Town
will be responsible for the electrical work. A training room will also be set-up for town
employees. IV. 9. Cablevisions proposed "Rules & Regulations" regarding public access. The
Town Board set Monday, May 15, 2000 at 2:00 p.m. and 7:00 p.m., at the Southold Town Hall,
as the time and place for public meetings seeking input from the community on the cable needs
of the Town. The Board also authorized Supervisor Cochran to send a letter requesting a second
access channel from Cablevision. (See Resolution No. 36).
2:38 P.M. The Town Board reviewed resolution numbers 1 through 39 to be voted upon at the
5:00 p.m. regular meeting.
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Interviews will be set-up for the candidates for the Landmark Preservation Commission in the
near future.
On motion by Councilman John M. Romanelli, seconded by Justice Louisa P. Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session
at 2:45 p.m. for the purpose of discussing personnel, litigation, and real properly acquisition.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
On motion by Councilman Craig Richter, seconded by Councilman Brian Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from Executive Session
at 3:30 p.m.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
Work Session ended at 3:30 p.m.
5/9/2000 5
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on May 9, 2000, at the Southold
Town Hall, Southold, New York. Supervisor Cochran opened the meeting at 4:30 P.M.
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 May 9th,
2000?
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the following bills be and hereby are order paid: General Fund Whole Town
bills in the amount of $198,041.86; General Fund Part Town bills in the amount of $9,873.84;
Highway Fund Whole Town bills in the amount of $95,877.14; Highway Fund Part Town bills in
the amount of $24,208.49; Capital Projects Account bills in the amount of $397,894.68;
Landfill Cap & Closure bills in the amount of $11,000.00; Landfill Equipment/Scale House bills
in the amount of $106,322.26; Open Space Capital Fund bills in the amount of $1,745.00;
Computer System Upgrade bills in the amount of $171,688.36; Employee Health Benefit Plan
bills in the amount of $4,598.00; E-W Fire Protection District bills in the amount of
$133,613.00; Fishers Island Ferry District bills in the amount of $29,306.83; Refuse & Garbage
District bills in the amount of $98,751.29; Southold Wastewater District bills in the amount of
$1,019.72; Southold Agency & Trust bills in the amount of $14,775.00; Fishers Island Ferry
District Agency and Trust bills in the amount of $503.88; General Fund Whole Town bills in the
amount of $2,000.00.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: A motion to approve the minutes of April 25, 2000.
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the minutes of the April 25, 2000, Town Board meeting be and hereby are
approved.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
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, May 23, 2000 at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: From time to time I have the privilege of presenting or
acknowledging on behalf of the Town Board people in the community that have had an
accomplishment, and today we are honoring three of our students. Would you like to join me up
here? This is the Chairman of our Educational Committee of the Anti-Bias Task Force Group.
Would you like to tell us exactly what these young people did in relation to the Conference?
5/9/2000 6
MERLE LEVINE: They were involved in numerous things on civil rights and diversity, and
concerns and the entire class were to write essays, and we read them, and made a selection of the
three top essays.
SUPERVISOR COCHRAN: Would Vanessa Dayton, Patrick Regan, and Margaret Reed please
come forward? These are the students that we are recognizing today, and your Certificate of
Commendation reads the same thing, but the only difference on each one is the name. It says, the
Southold Town Board commends Vanessa Dayton, Patrick Regan, Margaret Reed, a Southold
High School Senior, for his or her winning anti-bias essay. We applaud your ideas for looking
for honesty and profoundly at the terror and tragedy of racism in America, and for proposing
ways to break old patterns and to change the racist aspect of American society. Her or his
thoughts about teaching our young to realize that differences on the outside mean nothing about
our on the inside, then one day we may live in a world of social equality make his or her a role
model to us all. We congratulate you on your essay, winning essay. Vanessa is also one of the
young people that is in the ROTC, and helped us plant all those lovely daffodils, and we are
going to be calling on you again next year for more plantings. Patrick, congratulations, thank
you very much. The entire time of the problems in the south, you see that renewed outlook after
having this as part of the course, did you feel that the entire class had a different prospective?
VICTOR WESTGATE: Absolutely, some of the students had a special program that Merle
started in Southampton, they watched a film. Before anyone else got to see it, and they came
back with their own prospective. You can tell in each of their essays that were especially
touched by the need to recognize their differences.
SUPERVISOR COCHRAN: Mr. Westgate, just stay one minute, and I can share this. We
started about a year ago speaking in relation to members from the high school being a part of
government. When I was in high school I was elected Superintendent of Sewage. All of them had
a good time. Different positions in the Town of Riverhead, we shadowed them for the day. Then
the Rotary gave lunches. It was a good day. We learned first hand about government and how it
functions. I believe out next Board meeting is set up that way, and students are going to film my
position, the Board, and so forth, will be spending the entire morning with us, and then in the
afternoon they will sit in with us on the Town Board Work Session, and we will serve them
luncheon of course, but this is going to be a good experience, both for us and the students. Then
they will go back and report first hand what is going to be a part of government at least for day.
So, it is a pleasure working with you also. So, thank you once again, and congratulations.
I. REPORTS.
SUPERVISOR COCHRAN: As you know each month the different committees, the different
departments, give reports to the Town Board so we can keep tabs on what is happening, and
those are submitted to the Town Clerk. They are public information. They are on record, and if
there is any area you might be interested in I am sure the Town Clerk would be very happy to
provide these reports to you.
1. Southold Town Scavenger Waste Treatment Facility Monthly Report for April 2000.
2. Southold Town Recreation Department Monthly Report for April 2000.
3. Southold Town Clerk's Monthly Report for April 2000.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: In addition under Public Notices there is a notice of Peconic Bay
shellfish cultivation permit, and you have until June 2nd to response to the U.S. Corp of
Engineers. Also, the New York State DEC an application to construct a single family dwelling
and it is near freshwater wetlands, and the hearing written comments by May 26th, 2000 to the
New York State DEC.
1. US Army Corps of Engineers, NY District, Notice of application of Peconic Bay
Prime for a shellfish cultivation permit in Little Peconic Bay, Town of Southold.
Written comments by June 2, 2000.
2. New York State Department of Conservation, Notice of Complete of John Hurtado,
Jr. to construct a single family dwelling w/septic system, deck, and driveway, near
5/9/2000 7
freshwater wetlands and tidal wetlands off Bayview Road, Town of Southold. Written
comments to be received by May 26, 2000.
III. COMMUNICATIONS.
SUPERVISOR COCHRAN: We had a letter from Suffolk County Legislator Steve Levy in
relation to legislation for funding for pump out boats. I believe the County Legislator has
approved the monies in this area, and as you may or may not know we have been working with
the Baykeeper in relation to pump out stations, and grant applications, so hopefully we will be
able to provide this service without too much cost to the town. A letter from Senator Charles
Schumer in relation to the clean up of Brookhaven National Lab. Also in past years there has
been a North Fork Summer Camp up at Baileys Beach, and the Park District found the need to
close the facility this year. We looked all over for a replacement facility trying to help them and
nothing worked out, so we did receive notice that they will be closing, or will not be holding the
North Fork Summer Camp this summer, which is unfortunate. A lot of working parents use this
facility to have a place for their children when they had to continue working. A letter from Bill
Smith Fish Unlimited, he is concerned about a drain at the foot of Third Street in Greenport. I
realize it is their jurisdiction, but we did respond to Mr. Smith's letter. We are as concerned as he
is, and if there is anything we can do we certainly will try to. Also, a very nice letter from
Greenport Superintendent of Schools, Charles Kozora, in relation to Peconic Landing and the
signing of PILOTS, which is payment in lieu of taxes, and also beautification to the school
district. Our Tree Committee in addition to planting trees all over the place, they did put two
down by the school, which is very attractive, and his part of the beautification
1. Suffolk County Legislator Steve Levy in regard to legislation for funding for pump
out boats.
2. Senator Charles Schumer in regard to cleanup of Brookhaven Laboratory.
3. Karen Malcomson and Dione Dekas, North Fork Summer Camp in regard to camp
closure.
4. Bill Smith, Fish Unlimited in regard to storm drain at a foot of 3rd Street, Greenport.
5. Charles Kozora in regard for Peconic Landing PILOTS and beautification of school
district.
IV. PUBLIC HEARINGS.
SUPERVISOR COCHRAN: We have several public hearings so we will stop for the hearings
when the time comes.
1. 5:00 P.M., on the Acquisition of Development right of Goerler, SCTM #1000-096-
03-004.1 & 005 and 096-02-111, Cox Lane, Cutchogue, approximately 56 acres.
2. 5:05 P.M., on the Scenic Conservation Easement for the John Tuthill property, SCTM
#1000-17-6-6, 1000-17-6-14, Orient, approximately 34 acres.
3. 5:07 P.M., on the Acquisition of the property known as the Estate of Stephania
Zazecki, SCTM #1000-70-8-1, Pine Neck and Main Bayview Road, Southold,
approximately 6 acres.
V. RESOLUTIONS.
SUPERVISOR COCHRAN: In relation to addressing the Board on any resolution, that is
printed on your agenda, if anyone would like to address the Board in relation to any of the
resolutions that we will be taking action on we will be very happy to hear your comments. There
will be a period at the end of the meeting where you may share with the Town Board any
concerns or any information you have in relation to any other Town business. Is there anyone
that would like to address the Board in relation to the resolutions? Mr. Williams?
JACK WILLIAMS: Jack Williams from East Marion. I was just curious about the resolution #7,
the dollar amount involved, and other work that is being done with that.
SUPERVISOR COCHRAN: It is a contract we have with H and M in relation to the old clothing
that is put up at the Landfill, and we realize approximately $100 a ton. Last year the Town
earned $10,280 as a result of people putting their old clothing in the bin. We also have a bin, and
5/9/2000 8
I am sure it is probably the two together, up by the Nutrition Center in Mattituck. We have two,
one at the Landfill and one up there.
JACK WILLIAMS: I can't help noticing that the seal has fallen down in front of your thing
here, and I was wondering if it is beyond repair. I have another seal.
SUPERVISOR COCHRAN: Now, Jack, I knew you were waiting for this opportunity. Is it
falling now? Would you untwist it, Jack? Anyone else like to address the Town Board in
relation to any of the printed resolutions?
SANDY SCOTT: My name is Sandy Scott, and I live on the Main Road in Cutchogue between
the Methodist Church and King Kullen Shopping Center, and my first question is, I think the
resolution is also listed under public hearing. Should I wait for that? It is about the development
rights of the Goerler property.
SUPERVISOR COCHRAN: That would come under the public hearing. Wait, please, thank
you. Anyone else like to address the Town Board on any or have a question you may have in
relation to any of the resolutions that we will be passing on? (No response.) If not, number one.
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby amends the resolution of
April 25, 2000 appointing Dennis Long as Provisional Building Inspector to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby provisionally appoints
Dennis Long as full-time Building Inspector effective May 22, 200, at a salary of $35,665.02 per
annum.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby increases the fee for
transporting to and disposing of scavenger waste at the Southold Scavenger Waste Pretreatment
Facility from $.06 to $.07195 per gallon, effective May 1, 2000.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste
District 200 budget as follows:
To:
SR8160.2.500.600 Misc. Sanitation Equipment $ 4000.00
SR8160.4.400.670 Mack Quarry Truck Repairs 500.00
From:
SR8160.4.400.810 C & D Removal $ 4000.00
SR8160.4.400.660 Forklift Repairs 500.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Daniel Bisbee as SNAP food service worker at the Human Resource Center, effective
immediately.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
5/9/2000 9
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town
Clerk Elizabeth Neville to advertise for a SNAP food service worker to fill the vacancy created
by the resignation of Daniel Bisbee.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
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 sign a License Agreement between the Town of Southold and the
Love Lane Acquisition Corp. as part of a drainage project on First Street, New Suffolk, New
York, 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.
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
WHEREAS, the Town Board of the Town of Southold finds that it is in a mutually beneficial
relationship with H&M Leasing Corp. with respect to the recycling of textiles (clothing)
delivered to Town drop-off facilities, here be it
RESOLVED that the Town wishes to exercise its option to extend its contract with H&M
Leasing Corp. for a five (5) year period ending August 14, 2003, and that Supervisor Jean W.
Cochran is hereby authorized to execute an agreement to achieve such contract extension, subject
to review and 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.
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes expenditure not to
exceed $450.00 for expenses incurred by individuals from the New York State Department of
Motor Vehicles to travel to Fishers Island to process the renewal of driver's licenses for Fishers
Island residents.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby directs that each and every
individual or entity filing a tax grievance contesting their real property assessments for the 2000-
2001 tax year are not required to affirmatively complete, as part of the tax grievance procedure,
the "Applicant Transactional Disclosure Form" as developed by the Board of Ethics. However,
all applicants are still required to comply with the Code of Ethics of the Town set forth in
Chapter 10 of the Town Code, and more specifically, Section 10-18.1 of the Town Code and
fully disclose any conflicts of interest.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the amount of
$188,525.00, with an administration fee of $11,311.50 for a performance bond for improvements
in the proposed Major Subdivision for Peconic Development Corp. (a.k.a. Harvest Home,
Section 2) SCTM #1000-70-3-22, all in accordance with the recommendation of Engineering
Inspector Richter and the Southold Town Planning Board.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Justice Evans,
5/9/2000 10
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District wishes to engage
the services of a part-time deckhand; and
WHEREAS, Benjamin F. Burdick, 8 North Cone Road, East Hampton, CT 06424 has made
application for the position; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby appoints Benjamin Burdock
as a part-time deckhand for the Fishers Island Ferry District at a rate of $8.00 per hour.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt, Inc. for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grades
RC-250 and MC-250 ("Oil & Sand") within the Town of Southold, all in accordance with the bid
specifications and as follows:
Mainland Fishers Island
Bituminous Surface Treatment Liquid Asphalt 50% RC-250 & 50% MC-250 with screened
sand:
$.70 per sq. yd. $1.70 per sq. yd.
Schim Mix Asphalt Concrete Type 5:
$50.00 per ton $50.00 per ton
Fog Coat: Liquid Asphalt 50% RC-250 & 50% MC-250:
$1.00 per gallon $1.00 per gallon
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board Town of Southold hereby accepts the Bid of Corazzini
Asphalt, Inc. for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt
("Oil & Stone") within the Town of Southold, all in accordance with the bid specifications and
as follows:
Mainland Fishers Island
Bituminous Surface Treatment Liquid Asphalt Grade RC-250 & lA Stone:
$.94 per sq. yd. $2.00 per sq. yd.
Schim Mix Asphalt Concrete Type 5:
$30.00 per ton $50.00 per ton
Fog Coat: Liquid Asphalt RC-250 Liquid Asphalt:
$1.00 per gallon $1.00 per gallon
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt, Inc. for furnishing and placing Liquid Asphalt Grades RC-250 & MC-250 within the
Town of Southold, all in accordance with the bid specifications and as follows:
Mainland Fishers Island
$1.85 per gallon $2.15 per gallon
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt, Inc. for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 5 Shim"
Sand Mix Asphalt with the Town of Southold, all in accordance with the bid specifications and
as follows:
Mainland Fishers Island
0-350 Tons:
$40.00 per ton $110.00 per ton
5/9/2000 11
350-650 Tons:
$31.00 per ton $ 75.00 per ton
650-1000 Tons:
$31.00 per ton $ 75.00 per ton
Over 1000 Tons:
$31.00 per ton $65.00 per ton
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt, Inc. for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 6 top: within
the Town of Southold, all in accordance with the bid specifications, as follows:
0-350 Tons:
350-650 Tons:
Mainland
$51.00 per ton
$35.00 per ton
650-1000 Tons:
$31.00 per ton
Over 1000 Tons:
$33.00 per ton
Fishers Island
$51.00 per ton
$35.00 per ton
$31.00 per ton
$33.00 per ton
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt, Inc. for furnishing and placing Bituminous Surface Treatment "Emulsions & Stone"
within the Town of Southold, all in accordance with the bid specifications, as follows:
Mainland Fishers Island
Bituminous Surface Treatment Asphalt Emulsion Grade RS-2 with No, lA Stone:
$.90 per sq. yd. $190 per sq. yd.
Schim Mix Asphalt Concrete Type 5:
$39.00 per ton $39.00 per ton
Fog Coat: Asphalt Emulsion Grad RS-2:
$1.00 per gallon $1.00 per gallon
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt, Inc. for furnishing and placing Bituminous Surface Treatment RX-250 Liquid Asphalt
"Oil & Recycled Stone" within the Town of Southold, all in accordance with the bid
specifications, as follows:
Bituminous Surface Treatment Liquid Asphalt Grade RC-250 & recycled Stone: $.70 sq. yd.
Schim Mix Asphalt Concrete Type 5:$50.00 per ton
Fog Coat: RC-250 Liquid Asphalt: $1.00 per gallon
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Thomas
H. Gannon & sons, Inc. for the application of Polymer Modified Emulsified Asphalt Pavement,
Type TT Micro-Surfacing within the Town of Southold, all in accordance with the bid
specifications, as follows:
Type "TT" Micro-Surfacing $1.10 per sq. yd.
Truing & Leveling (Type 5 Shim) $65.00 per ton
5/9/2000 12
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 9th
day of May 2000, A Local Law entitled, "A Local Law in Relation to Parking on Hobart Road"
now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M., Tuesday,
May 23, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and
place for a public hearing on this Local Law, which reads as follows:
A Local Law in Relation to Parking on Hobart Road
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 92, Article IV, Section 43 (Vehicles & Traffic) of the Code of the Town of Southold is
hereby amended as follows:
To Install "15 Minute Parking" signs as follows:
Between the
Name of Street Side Hours of
Hobart Road West At all Times
Location
in Southold, on the west side of
Hobart Road for a distance of (100)
One hundred feet in a southerly
Direction from the intersection of
Route 25
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 part
thereof other than the part or provision so adjudged to be invalid or unconstitutional.
III. This Local Law shall take effect immediately upon filing with the Secretary of State.
*Underline represents additions
Strikethrough represents deletions
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Murphy,
WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 9th
day of May, 2000, A Local Law entitled, "A Local Law entitled "A Local Law in Relation to
Parking on the Anchorage", now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:02 P.M., Tuesday,
May 23, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and
place of a public hearing on this Local Law, which reads as follows:
A Local Law in Relation to Parking on the Anchorage
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 92, Article IV, Section 41 (Vehicles & Traffic) of the Code of the Town of Southold is
hereby amended as follows:
To install
Name of Street Side
The Anchorage Both
signs as follows:
Belween the
Hours of
6:00 A.M. to 6:00 P.M
Location
in the hamlet of Mattituck
On both sides of the Anchorage
in an easterly direction for a distance
of 465 feet.
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 part
thereof other than the part or provision so adjudged to be invalid or unconstitutional.
III. This Local Law shall take effect immediately upon filing with the Secretary of State.
*Underline represents additions.
Strikethrough represents deletions
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
5/9/2000 13
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Gordon Wells Moore, as a member of the Landmark Preservation Committee, effective
immediately.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the following
individuals as seasonal Traffic Control Officers effective May 15, 2000, through September 15,
2000, at the hourly rate of $10.63:
Robert Greehreng (Part-Time)
Roman Wilinski (Part-Time)
Steven Grattan
Warren Jensen
Christopher P. Lappe, Jr.
Vincent Loria
Angel Medina, Jr.
Nicole E. Shipman
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Frank Lyburt and
Thomas F. Saladino as Seasonal Police Officers effective May 15, 2000, through September 15,
2000, at the hourly rate of $13.35.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Dianne C. Foster to
the part-time position of School Crossing Guard, replacing Harold Walters, at the Southold High
School post, effective May 10, 2000, at the daily rate of $35.45.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town
Comptroller John Cushman to be designated signatory for official documents to be submitted to
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.
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 execute any and all documents necessary to enter into a lease
agreement with the A.M.E. Zion Church to rent the premises for a six (6) month period to
implement a pilot program for a supplemental nutrition program for a six (6) month period; and
be it
FURTHER RESOLVED that Supervisor Cochran be authorized to sign the application for the
appropriate health permit from the Suffolk County Health Department.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
5/9/2000 14
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town
Clerk Elizabeth Neville to advertise for resumes for a temporary Stenographer for the Board of
Assessment Review for the 2000 Session.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
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 Harold's to perform the necessary
work for the Fishers Island Sewer District as outlined by Diversified Technology Consultants
March 14, 2000 recommendations, in an amount not to exceed $4,000.00.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I will entertain a motion to recess for hearings we have scheduled.
Moved by Councilman Murphy, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 5:00 P.M. for the
purpose of holding public hearings.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Meetin~ reconvenedat5:20 P.M.
SUPERVISOR COCHRAN: We will pick up. We are on 30, resolution #30.
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, in furtherance of the intent of the Community Preservation Fund tax, the Town
Board of the Town of Southold wishes to support that intent to provide exemptions per the Town
Code Chapter 6-95 from said tax to those purchasers of real property who will retain the property
with development restrictions: and
WHEREAS, in furtherance of that intent, the real property must have the entire parcel restricted
by one or more permitted restrictions in Chapter 6-95; now, be it therefore
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M., Tuesday,
May 23, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and
place for a public hearing on the question of accepting development restrictions pursuant to
Town Code Chapter 6-95 on certain parcels of property from Frederick G. and Elsie L. Lappe
located at South Harbor Road, Southold, New York, SCTM #1000-75-7-2, 1000-75-6-11.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, in furtherance of the intent of the Community Preservation Fund tax, the Town
Board of the Town of Southold wishes to support that intent to provide exemptions per the Town
Code Chapter 6-95, from said tax to those purchasers of real property who will retain the
property with development restrictions; and
WHEREAS, in furthermore of that intent, the real property must have the entire parcel restricted
by one or more permitted restrictions in chapter 6-95; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:07 P.M., Tuesday,
May 23, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and
place for a public hearing on the question of accepting development restrictions pursuant to
Town Code Chapter 6-95 on certain parcel of property from Louis Caracciolo located at the
southeast comer of Oregon Road and Mill Lane, Mattituck, New York, SCTM #1000-100-4-2.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
5/9/2000 15
Moved by Councilman Murphy, seconded by Councilman Moore,
WHEREAS, in furtherance of the intent of the Community Preservation Fund tax, the Town
Board of the Town of Southold wishes to support that intent to provide exemptions per the Town
Code Chapter 6-95, from said tax to those purchasers of real property who will retain the
property with development restrictions; and
WHEREAS, in furtherance of that intent, the real property must have the entire parcel restricted
by one or more permitted restrictions in Chapter 6-95; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby sets 8:10 P.M., Tuesday,
May 23, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and
place for a public hearing on the question of accepting development restrictions pursuant to
Town Code Chapter 6-95 on certain parcels of property from John C. and Susan Bedell located
at Main Road, Cutchogue, New York, SCTM #1000-97-1-25.1000-85-2-10.2, 1000-2-10.3.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Richter, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the following
individuals to the Southold Town Transportation Commission for a two (2) year term of office,
effective immediately, to expire on March 28, 2002:
Ruth Oliva
Michelle Zaloom
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Moore, seconded by Justice Evans,
WHEREAS, the Cutchogue Cemetery Association has advised the Town Board that it has
entered into a contract to purchase a small parcel of real property, consisting of 0.579 acres,
adjoining its cemetery in Cutchogue, N. Y. to used for cemetery purposes, which purchase
requires the approval of the Suffolk County Legislature under Section 1506 the New York Not-
for-Profit Corporation Law, and
WHEREAS, the Cutchogue Cemetery Association has requested the Town Board to make a
resolution requesting the Suffolk County Legislature to approve the acquisition by its resolution,
now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby requests the Suffolk County
Legislature to make a resolution approving the acquisition by Cutchogue Cemetery Association
of a .0579-acre parcel of property at Cutchogue, Town of Southold, Suffolk County, New York,
being a part of SCTM #1000-102-02-23, in accordance with the requirements of the N.Y. Not-
for-profit corporation law.
The property being acquired is more fully described as follows:
5/9/2000 16
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS, the Town of Southold deems it necessary to retain expert profession services to
evaluate the technology needs, to conduct a network analysis of the Town, design and implement
a computer system to address those technology needs; and
WHEREAS, specialized knowledge is required to design and implement; a Town-wide local
and wide area network; reconfigure the AS/400; provide interactive e-mail, permit the sharing of
documents, standardization of desktop software, providing scheduling/calendar software, address
security and backup, cabling and upgrade of PC's; and Internet access; and
WHEREAS, investment in technology will result in increased communication, productivity and
security for Town offices which result in significant benefit to the Town's citizens, employees,
elected officials and all people that come in contact with the Town; and
WHEREAS, ACS Enterprise Solution, Inc. has presented a detailed, professional services
proposal designed to provide a solid secure and accessible network foundation that the Town's
core business and communication software applications can operate on and that proposal has
been reviewed by and recommended by the Town's Computer Technical Committee; now
Be it Resolved by the Town Board of the Town of Southold that Supervisor Jean W. Cochran is
authorized and directed to execute a contract with ACS Enterprise Solution, Inc. in the amount of
$335,000.00 per the terms and conditions set forth in the proposal 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.
Moved by Councilman Richter, seconded by Councilman Murphy,
WHEREAS, the Town of Southold is in the process of renegotiating the existing Cable
Franchise Agreement with Cablevision; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby sets Public Meetings seeking
input from the Community on the Cable needs of the Town for Monday, May 15, 2000 at 2:00
P.M. and 7:00 P.M. at the Southold Town Hall; and be it
FURTHER RESOLVED that the Town Board of the Town of Southold hereby directs
Supervisor Jean W. Cochran to request a second access channel from Cablevision pursuant to
Section 26 of the Cable Franchise Agreement.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby issues a Negative
Declaration pursuant to the SEQRA Rules and Regulations with respect to purchasing the
Development Rights of Ann Marie Goerler; and be it
FURTHER RESOLVED that the Town Board hereby authorizes Supervisor Jean W. Cochran
to execute any and all necessary documents to purchase the development rights of Ann Marie
Goerler known as SCTM #1000-096-03-4.1 AND 1000-96-2-11. Containing approximately 56
acres at a purchase price of $11,600.00 per acre.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
5/9/2000 17
RESOLVED that the Town Board of the Town of Southold hereby issues a Negative
Declaration pursuant to the SEQRA Rules and Regulations with respect to accepting a scenic
easement from the John B. Tuthill Family Limited Partnership; and be it
FURTHER RESOLVED that the Town Board hereby authorizes Supervisor Jean W. Cochran
to execute any and all necessary documents to accept the scenic easement from the John B.
Tuthill Family Limited Partnership on the properties known as SCTM #1000-17-6-13, and 1000-
17-6-14 at no cost to 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.
Moved by Supervisor Cochran, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby issues a Negative
Declaration pursuant to the SEQRA Rules and Regulations with respect to purchase the property
known as the Estate of Stephania Zazecki, SCTM # 1000-70-8-1; and be it further
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 purchase the
property known as the Estate of Stephania Zazecki, SCTM #1000-70-8-1 with funds from the
2% Community Preservation Fund at the purchase price of $119,900.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
COUNCILMAN RICHTER: I want to speak on that. I was one of the ones that was skeptical
about this piece of property not knowing exactly if that was the actual parcel or where the 2%
money should be going, but the uniqueness of Custer Institute along with the Indian Museum
across the street the more I investigated the more I found out this was an excellent choice. Thank
you.
COUNCILMAN MOORE: Let me speak for a second, too. I also was a skeptic and it was
difficult to be a skeptic, because my grandfather instilled an appreciation in the stars for me. I am
a very amateurish amateur when it comes to enjoying the night sky, but I am definitely aware
that is it there, and every night when I go walk my dog the first place I look is up to the skies to
see the stars. My daughter loves them as well, and came home from the indoor planetarium that
was set up at Southold School just last week, and we have gone over on occasion to the
Jamborees. With all that interest, and concern, and desire I was really skeptical that we had a
band-aid solution here, and it looked like it could be a $200,000 band-aid for one of our goals in
the community is to see our growth focused in our hamlets. I was troubled to believe that the six
acres immediately surrounding Custer could somehow hold back the forces of the future and the
progress, and make a difference, not withstanding my love for the environment and of the night
sky, and yet I had a chance over the weekend to take a different kind of vertical look at Custer,
and you look at the topography map here, or the chart, and you see how it works with this piece
of property. I had a nice long talk with Doug Gillen, who assured me that number one that the
immediate six acres does have a tremendous impact on it's operations, and what intrigues me
also was the work that is being done on a voluntary basis with the surrounding neighbors to work
on making it truly a dark night skies, so that it is going to be there as this little gem, which a lot
of Southolders don't even appreciate, and know is there. It is great to have all you folks come in
from out of town, and visit, and enjoy it, and we love to have you, and I am hoping that more
people who have grown up here, and live here, can use it as well. It wasn't hard to convince me.
I just hope that we have done that which will truly be there for the next millennium and for the
future, so I happily vote, yes, and I hope we can work on really keeping the skies dark around
Custer, so I am happy to join you in voting yes.
JUSTICE EVANS: I will admit to being skeptical at first, but I think we all took rides down
there, and looked at the property.
SUPERVISOR COCHRAN: I have been a resident of Southold for fifty years. I was born and
raised in Riverhead, so I consider myself a native to the area. Southold is the town I love dearly.
That is why I sit here. I served for ten years as Treasurer of the Indian Museum, and I used to say
to Walt Smith, if I come out of here one more time at night and almost fall down those steps, I
am going to scream. He would say, but, Jean, you can't have a streetlight. So, for many years
5/9/2000 18
those of us that may not be involved in Custer certainly have worked, that have worked with the
Indian Museum realized the importance of the night skies in that area. It has always been my
feeling that both Custer and the Indian Museum have been a gateway to Bayview, and it is a
gateway to that particular part of Southold. In talking with my husband he remembers when they
were building the circular part of the building, and he and Charlie Turner, and some other young
men from Southold would wheel the barrels of cement over to the workers as they built this
circular part of the building. The building was built as a memorial to Dr. Stokes. Dr. Stokes was
a doctor here in town. In fact, he delivered my husband, and half of Southold Town, but he was a
man that was interested in the heavens, and it was dedicated to him. In fact, I have a program
home of the celebration somewhere. I really should dig it out, and give to you people. There was
supposed to be a wing on each end of the building. This never happened, but they were able to
get enough money to build the main part of the building. With all the attention that has now been
focused on Custer, perhaps this is the time that you do a fundraising, and you say to people, you
know this is unique to Southold Town. It is a resource that isn't duplicated anywhere else, same
as the Indian Museum. We were short of a few dollars. I was also Treasurer over there, and knew
the books, and people came to realize that the Smithsonian Institute was interested in the pots
and the collection over there. It made people in the town realize this is something we don't want
to lose, and perhaps this is the time now to reinforce. We do not want to lose Custer Institute, so
we are hopeful that the purchase of the properties surrounding, and perhaps some day when you
raise all those millions of dollars you will come to the town, and you will say, may we buy this
back from you? So, that is your ownership, that is where I come from, and I am very proud and
honored to vote, yes.
SUPERVISOR COCHRAN: That is the end of our prepared resolutions. At this time we will
entertain any comments from the audience on Town business, so if there is anyone that would
like to approach the Board?
JAY THORNE: I would like to say that I am not used to speaking, but that is not the truth. I
have something here that Cablevision has put out, which is the beginning of the demise of the
Cablevision in our town, as we know it. These are rules and regulations, which Cable is putting
out, and you didn't get them as fast as you should have. However, when I did and a few other
people we took those rules and regulations, and broke them out against the State. We took every
paragraph and every rule and with an attorney we scored underneath it in red what is illegal, in
violation, and not conducive to public access. I will leave this with you so you can see.
Supervisor Cochran, the Town Board, fellow townspeople, in our opinion the public access
movement feels that Cablevision has put our town in a compromising position. This was done
just within the past few months, first by actually breaking the franchise agreement with us
between the town and cablevision. A paragraph in our franchise agreement says this, Cablevision
shall be responsible for the operation and administration of public access. Channels and
facilities, policies and procedures for the community use of access channels and production of
facilities will be mutually agreed upon by the company, and by the municipality. The agreement
includes the town and villages of Riverhead, and the town and villages of Riverhead,
Southampton, Southold, and the village of Greenport, Sag Harbor, Quogue, Westhampton
Beach, and Southampton. Cablevision has recently closed the Town of Brookhaven public
access. Guess what? They are now sharing that. I don't see that in our agreement. Cablevision
has changed our channel from 27 to 70, not mutually agreed upon. Cablevision has changed the
name of our channel to Local Origination Access. We were Peconic Bay Television. I don't
think we mutually agreed on that. Cablevision intends as it can be read in their rules to make
other changes in administration and production procedures, not mutually agreed upon. They
didn't send these changes to our Town Hall. They sent kind of like, they put pressure on the
producers, and the volunteers to sign this. If they didn't sign it, which is a totally illegal
document, if they didn't sign it by Monday we were in a lot of trouble. We lost our spots, no
producing. If you don't sign it, period, you don't produce a show. Again, against the State and
Federal laws, not mutually agreed upon. Supervisor Cochran and the Town Attorneys have been
gracious enough to meet with me and discuss these matters. When certain laws and rules were
pointed out they showed considerable concern. Cablevision's new rules violate and infringe upon
the Townspeople's first amendment and freedom of speech, not mutually agreed upon.
Cablevision is not only forcing these rules and changes on our town, but also on the public
access stations in New York, New Jersey, and Connecticut in which they operate making this not
a local issue, but a widespread issue, which has stimulated interest in the major media and the
freedom of the speech oriented agencies. The Public Access movement has filed a Class Action
5/9/2000 19
suits and filed them and an adjunction against Cablevision and it's manager. Assemblywoman
Acampora, a wonderful person, has notified the Public Service Commission. She informed me
the other day that the Public Service Commission has agreed that there are some discrepancies in
the Cablevision contract and rules. The ABCOU, which everybody fears are told, or told, are
interested in the fact of the Freedom of Breach. However, to us the most important matter to
consider is the uncomfortable, uncompromising position we were put in by Cablevision, and
their actions affecting our First Amendment, and our Freedom of Speech. We have a soapbox for
Public Access to protect our freedom. I know there are a few people here who served in the
United State Army and Air Force. I was one of them. We put our life on the line. There was
some other guy who put his life on the line for freedom, and that was Patrick Henry. He said,
give me liberty or give me death. Thank you.
SUPERVISOR COCHRAN: Thank you.
STAN RUBENSTEIN: My name is Stan Rubenstein. I am currently a producer on Cablevision.
The program I put out is Our Town, and we have had such topics of interest to the public as what
is going on in education in the elementary and senior high school. We have had programs on
alternative medicine, and I would go on and on, but as of July 1st this may not be. Where Jay
spoke in generalities let me get a little more specific. When Mrs. Cochran before you mentioned
about fund raising for the Custer, that could be forbidden under the new rules, and they could
very easily not allow you to show that show. This is all stated in the rules and regulations. Let
me get a little specific about what they intend to do as of July 1st. Number one, they can have
prior approval of running your own show. Now they don't call it censorship, but they are very
cute, at least their lawyers are very cute in the way they put things in the rules and regulations so
that if certain things are objectionable and only Cablevision determines if they are objectionable
are not, it is not mutual between two parties, they are based upon your time slot change it and put
it perhaps two o'clock in the morning. They have some other things which if you are sued by
anyone they have the power to have their lawyer enter the case, and charge you for the cost of
the lawyer. All of this is clear-cut in the things that they basically are stating. Not only a subtle
that, I would bother to read you word for word, but it is in here that it almost seems to be way of
stating that they have to give their approval for you to show your shows. They have intentionally
harassed the producers by making it very difficult for them to produce the show. So that when
Monday, this past Monday at 9:00 o'clock, they stated that if you wanted to continue with your
show you either send the letter or have to be there for a time slot and sign the contract. It would
seem to me all us producers were put in a dilemma, because if we sign the contract we have to
follow the rules and regulations that are set forth and some of them are what I just mentioned to
you. They really curtailed one speech and destroy the very basis of public access, because
continually in what Cablevision is saying is they are the sole determiner of what shall be done.
They have negated the authority of the town. They have decided these rules unilaterally. There
has been no new franchise agreement yet they have unilaterally stated that certain things if you
do not sign it, it henceforth means you will not have a show. They have very cleverly avoided
certain things. They have spelled out certain training procedures and the hours that the training
will take place. They have not stated when you can do your actual broadcasting as far as the
shows are concerned. They have violated in the past many of the things they have said. They
have on one hand a public relations, which sends out lovely letters to everyone but those that are
working right within the studio, such as myself and other producers, know that a lot of that is
nonsense. This Board signed the franchise agreement in 1990 stating that it should be open all
day Saturday. They were never open on Saturdays. There were a number of other things that they
have stated, but they have not followed. So, the question I pose to the Board is what should I do
if I sign of the agreement I am violating the mutuality of an agreement, which was based upon
1990 franchise agreement. IfI do not sign it then I no longer have a show. So, I toss this question
out to the Board, what shall I do? Thank you.
SUPERVISOR COCHRAN: Thank you.
JOSEPH LIZEWSKI: It is nice to hear about those wonderful open skies not having light. This
is a freedom that I think is just as great as the freedom of speech, First Amendment, which is
going to be curtailed. We first started going down there, Stanley and I, doing a show together.
We got our town together. Steve was there. We could show up with our guests. Everything
would be set up. Steve would flip a few buttons, and off we would go. It took a little while, and
all of sudden Steve was let go, and we were put in a position where we had to start learning more
5/9/2000 20
of what we did. Well, we went through a lot of hoops. Some of these men that are in this room
helped us out to learn how to become producers, about the sound, about how to put sixty
seconds. We ended up learning how to put our music on, how to run the entire show. We got to
the point where we could actually go in there, give us a tape, and we could produce four shows
in an afternoon basically without anybody being there. It wasn't easy for us to learn that, because
you only go in a couple of times a month. But the direct television is gone. It certainly not one
that is going to be conducive to the people in this town, or the people who produce because I
believe that their attitude is going to start to filter down to town project, the idea of origination
came into being. There was a time when you could have gotten (unintelligible) maybe the
opening of a firehouse. You are going to lose that if they are allowed to do what they are doing.
They need a contract in this town. (Unintelligible)
BOB VANSON: Again, my name is Bob Vanson from Bohemia. I didn't know this was going
to be a topic discussed. To give you a little background I spent thirty some odd years working as
a Communications Engineers. I hold a FCC General Radio Television license, and two and a half
years I worked at Warners. I had oversight on the cable system at the World Trade Center and
also in San Francisco. They had the cable out there. However, it is the cable development going
back, when they first started in the Islip area, and introduced the early days of cable. I have been
very involved in it, especially from a regulatory standpoint. I have to say that probably one of the
few pieces of legislation that ever came out of our Federal government with all of it's good
intentions in tact was the communication rules that came out governing cable television in the
1970's where public access channels were called for, and ultimately the CNN, CNN2 type of
channels. They were really looking to have local communities able to reach their consistency,
town meetings to be telecasted, if that was the wish of the town. All kinds of independent
programming to be introduced over and above the time that the government was very heavily
financing PBS. This became a local finance version in the sense of PBS. There is no question
today that the value of a channel is astronomical. They used to buy Channel three from
Manhattan Cable in order to carry our signals, and we paid them a million dollars a year for that
channel in lower Manhattan, not even all of Manhattan, the midtown area, and the downtown
area, because we were in the business of information to the financial community. That was a
million dollars a year. Back in the late 70's and the early 80's it reached the point when it was
after ten years time to negotiate a contract. Thank God we had introduced a satellite and a bunch
of other things, and we let the word go around to the cable system. Today with pay per view of
being so high on the list of cable companies, and the money that can be made from a boxing
match, and so forth, $30., $40. a viewing, they can possibly eliminate a channel if they want to,
to give away for free, and actually the originally I believe the intent that there was to be two
channels in communities, not just one.
SUPERVISOR COCHRAN: That is right. Today's Board is requesting the second one.
BOB VANSON: Correct. The law still says you have that coming to you, because they are
doing everything they can to underline the one channel that they have begrudgingly now made
available to you, and to preempt as much of the time as they can for their own purposes, which
raises another whole question as to whether or not they would be allowed to do that, whether the
channel belong to you. If it were dead air time, it was dead air time, and the Town made that
decision. This is happening in Southold, and Riverhead, and Bohemia, everywhere nationwide
where there is cable. This is not just a local issue. They get away with it. There will not be any
public access. About the only ones that will remain will be CNN and CNN2, because no one
wants to take on the government, at least not Congressmen, giving them a chance to stand there
and make their speeches. Little Southold, little Riverhead, little Southampton, all these
communities that have given them franchises will just disappear from the system, and yes, it is a
very serious threat to freedom of speech to everybody. I always wish the towns would even be an
audience to the channels that they had, to really go into televising Board meetings and other
events to get the public more involved with what is going on. So, just comments from a person
that has seen it happening gradually the deterioration of the system. It has to stop somewhere.
SUPERVISOR COCHRAN: Thank you very much.
JIM DINIZIO: First one thing, I have to say. I understand you signed the PILOTS with Peconic
Landing, and think the last time I was here, Jean, you said you were going to do it and you did it.
5/9/2000 21
SUPERVISOR COCHRAN: That was every intent from day one, Jim. We are just pleased that
it worked out. Having all the members here helped.
JIM DINIZIO: You know how passionately I feel about that. This is a letter that I wrote.
Actually I might have presented to the Town Board about four years ago. The heading is, Dear
Supervisor Cochran, so I know that you were in office. This lends itself to this conversation right
now. I was at the time head of the Cablevision TV Commission, and you stopped to reel me in,
because I worked for the company a few years before I was on this. We basically came down to
four things that we wanted to have at that time, or as part of negotiations for a franchise
agreement, which still hasn't been signed. My last paragraph addresses that. One was to add a
channel for education, another was to install a switch in Town Hall, okay? Technically, this is
not very involved but what I was looking for in that was that stuff that pertained to Southold
Town would stay in Southold Town. We wouldn't have to watch a taro card reader in
Southampton. The third was wire Town Hall a little bit better for audio and video, microphones
and a couple of stationary cameras. We could mn our own, produce our own Town Board
meeting, Planning Board meeting, Zoning Board meeting, all that could be done in this area, and
there was a clip 5% franchise, so I am not pushing that. But, interesting the last thing that I say
is, my personal feeling that Cablevision is in no hurry to sign an agreement as evidence by the
fact that they have yet to offer compromises to our recommendations in writing. I find that funny
considering we are at this point four years later, and still haven't got a franchise agreement. The
gentleman that spoke before me has some very impressive credentials. I spent eighteen years in
cable TV. I worked three years for Cablevision, and fifteen for Times-Mirror. I can tell you that
our franchise agreement allows us to have two channels. Okay? One is the government, the
other one is public access. We are entitled to that. There is only one thing in this whole that
those two channels are entitled. All of the rest of it, franchise fees are negotiable. Twelve-
megahertz band, now you have heard about through the Internet. It is extremely valuable now- a-
days. Four years ago I was looking to put all the towns and villages, Greenport Village is entitled
to two channels, Easthampton, Southampton, Quogue, anyone that has a franchise are entitled to
that amount. I suggest that you use that as leverage. The State cannot compromise on that. That
is something if you request it you have it, and there is no reason why when you have control over
that band with those two channels that you can't then sell it back to them, or rent it back to them.
So, whatever you feel like you want to do with six megahertz, which is one channel, back to
them. That was my feeling back then, and I still suggest that you follow that path. Everything
else I guess has to go through franchise fees. I don't know if you really want to charge franchise
fees. I don't know if you really want to charge franchise fees. I don't know if you want Southold
Town's name showing up on every bill every month saying to collect this amount of money,
when you can say charge whatever you want for that six megahertz of band, and make up that
amount. I support these people wholehearted. These people are volunteers. They believe in the
freedom of speech to the enth degree, and I just hope that at some point in time I volunteer my
expertise, and I currently have been interested in competitiveness of this industry, and not
necessarily Cablevision, but anything that I can do, any committee you would like to set up.
Thank you very much.
SUPERVISOR COCHRAN: Thank you, Jim. I would like to say, that certainly this Town
Board would be in unison in relation to protecting Freedom of Speech. It has been our choice not
to sign a contract, not Cablevision's, because they need us for their future development and
planning. The Five East End Towns began to work together as a group, and it is unfortunate that
didn't come to a resolution. Some of the villages chose to sign their own contracts, so it kind of
eroded rather than working as a block, and perhaps having more clout with. We reached the point
where we knew that we did not have all the answers. Greg, our Town Attorney, has sent in
attending the Association of Towns this past February, there were two different gentlemen from
firms that were on the agenda explaining, and telling us about the franchise agreement, and so
forth. They certainly knew a lot more than any of us know. They are specialists in the field, so
the Town Board has hired this firm. I believe some of their reports are just starting to come
through. We have had Jay, and we had Zabby, and Paul, in to talk to our Town Attorneys and
ourselves, and they are still investigating, and as I said earlier the Town Board because they felt
it was important and on their recommendation to ask for the second channel. They will be getting
a resolution tomorrow, an official one, stating that we are asking for the second channel. We
have tried to take what we are learning from the firm that we hired and what we are learning
from these volunteers, well, Paul was an employee, but the people that volunteered to produce
shows were certainly taking all this into consideration, so, I don't have any more to tell you right
5/9/2000 22
now. Part of the process is Cablevision meetings. There is scheduled for Monday, 5:15, and 2:00
P.M., and the second one at 7:00 P.M., because to make our case even stronger we are looking
for public input. So, those will be held then. We encourage the public to come in, and express
themselves. There are some things that a town or municipality has control over, and there are
some things that we don't, but I think the things that we do have are important enough that we
will be moving on it. Zabby, do you want to say something?
ZABBY: Public Access Television Association, and I am here to thank you very much for
drafting this letter for the second channel, and I don't know if it is too late to make an
amendment to that, and ask for a third channel for education, because I would like our
Superintendents to get involved, and one of our producers has suggested that since Cablevision
will no longer be filming our children playing sports activities at the schools, we could get that
on the education channel. We could put graduation ceremonies on the channel, the DARE
Program, we could film that, too, and so I think that would be might ask well as for three
channels because I know we are entitled to three. That is what PET means, Public Education and
Government, and also I would like to suggest now that after this letter that another letter be
drafted which tells Cablevision, you have heard the story, that Mr. Brown, he helped me learn
how to do production at Cablevision, and I have to correct Mr. Lizewski here, because he said a
lot of men helped us all learn, and Stan Rubenstein, I gave him a two hour lesson.
(Unintelligible) Sending them a courtesy letter telling them that we of the towns here, and
hopefully maybe some of the towns can get together, the five towns, to get together with on this
second letter, which will tell Cablevision that here in Riverhead Cable system (unintelligible)
petitions as our agents, who used due diligence to research this matter. The politician would not
allow Cablevision to execute those new regulations which are against the law, many of them,
(unintelligible) Television Association represents the interest of the public in general, not just
producers or directors, but the couch potatoes (unintelligible) a draft of a legal document, a
lawsuit. I have here with me a draft of a legal document, a law suit, that is being filed, because
Cablevision they sort of fell into a trap, and they want these regulations in writing, and now there
are many lawsuits, because they are in a blatant violations of our cable rights, and the First
Amendment right, and also the Fifth Amendment, which says that if we are deprived of private
property in our airways, that the broadcast stations float their programs on, and satellites float the
programs. Our air is God given. It is our right, and we were given as just compensation public
access television for the public, and we need those three channels now, and also I have on file at
Cablevision the contracts for my shows and they are on file, and some Stan Rubenstein said that
(unintelligible) and stand on line in Hauppauge to deliver a new contract. Well, I say that my
interpretation of the law after being in the law class on contract law is that they can't just decide
they do not want to honor a contract, and the second thing is I would like you to tell Cablevision
to honor the contract on file (unintelligible) have a class action suit against them, and right now
the way a letter is being drafted by another attorney, and he will (unintelligible) rules and
regulations which were written by some former employees and from some of the staff currently
there. They have this page of regulations and penalties (unintelligible) strange things this is
demeaning, and degrading (unintelligible)
SUPERVISOR COCHRAN: Anyone else like to address the Town board? Yes, sir?
HUGH POLLERT: My name is Hugh Pollert. I live on Corey Creek Lane. I had an opportunity
to read some of the literature that has been discussed here, and quite frankly the agreement that
Cablevision come out I think if I had anything to do with the production of public access, I
wouldn't know what to say, because it is written in legal language that I don't even understand,
and you know this is public access. These are private citizens that are going there to express their
freedom of speech. You get some mumbo jumble here. The wording is so complicated that it is
unintelligible, which speaks to me that whoever is doing this has no intent of granting public
access. So, the whole thing is like a hoax where, yeah, this is an agreement, but it is one of those
agreements that you can't sign, because you don't know what you are signing, and you are
making yourself legally libel. Hey, I want to go in there and show my kids playing baseball, and
the next thing I am embroiled in a legal suit, because I signed something that I didn't fully
understand. So, I think that should be part of the input in your discussion with Cablevision, and
you know, you've got the power. I mean they need you.
SUPERVISOR COCHRAN: That is what I said earlier.
5/9/2000 23
HUGH POLLERT: So, you know, we got the baseball bat, why don't we use it. Thank you.
SUPERVISOR COCHRAN: Thank you. We are. I will take Jay, and then I will take Stan.
JAY THORNE: We have a meeting in front of them Wednesday night or Thursday, the 11th,
they have a meeting with us for the first time, to tell us the laws, and what they want done. They
are forcing us now to sign this agreement. We need, and you have the power to simply say for
fifteen years, I was there originally with Paul and with Steve, and we started this, and we had
about five programs, now we ended up with 1500 for the year. They told me, the management of
Cablevision told me, Jay, the reason we are doing this is because you were too good. I couldn't
understand that. Now, I understand it, because we were taking away viewing from their channels.
Now, if you can simply say in an act of power, bring the station back the way it was until you
investigate, until you are satisfied that what they are doing is either productive or non-
productive, and we are no longer producing. I am no longer producing. He is no longer
producing. Lizewski is no longer producing. Zabby is no longer producing.
ZABBY: That is not true. I am producing under the old contract.
JAY THORNE: Okay. IfI signed that agreement, I would be signing away my freedom. I would
be signing away everything. It is a read it, and see it. Now, it is illegal. That is no doubt in our
mind. The attorneys looked at it. Everything in there that they have is against the State Law, and
against the government law. Now, why are they doing that? Six million dollars, it is a money
deal. They can cut out public access. They are cutting out $6,000,000 of their overhead. If they
can take our channels away they are invaluable, and that is what they intend to do. The thing that
they have done, though, as Zabby said, they have made some very foolish errors. They have
blatantly broken the law. Now, what does that mean? Well, they contribute a lot to parties. They
have contributed a lot of money. They have some political clout, and this is not unknown. I am
not saying that the politicians do that, but you know if I were a politician I may be bent a little
bit. If you can just get a little letter out simply saying we are taking our power back, you know.
In fact you are the rentee and we are the landlord. They have now changed it around where they
are the landlord, and you are the rentee. It is not good. It is not good. Besides when they expose
this to the fact that this is a freedom of speech thing, and you are going to get ACO News, and
PB. This is not a good thing. It is not a good thing at all. And the audacity to have our town be
compromised like this, it is ridiculous.
SUPERVISOR COCHRAN: It will be on the advise of our attorneys or our finn. Yes, sir?
BILL VANSSON: A very short question, May I pose the question, or is that not allowed?
SUPERVISOR COCHRAN: To poll the Board?
BILL VANSSON: No, not poll. Ask a question.
SUPERVISOR COCHRAN: You may not get an answer, but go ahead and ask it.
BILL VANSSON: I am used to that. This is to Mr. Moore, who has expertise in this area, and
to the attorney. What they have done are they allowed to do this? Period.
COUNCILMAN MOORE: I so appreciate being considered expert in the area, and I can't carry
that label honestly. I am. I was the Town Board designated liaison to work on the cable issue.
We recognize the first thing. Cablevision come out with the standard boilerplate Cablevision
agreement. I would like to think we were wise enough to know what we didn't know, and we
knew that we didn't know the Telecommunication Law, and we knew that we didn't know what
to ask, or what we were entitled to ask on behalf of the community, or what we could expect to
get, or have for service, and enter into a franchise agreement, and that is why we hired this finn
that specialized specific in this. That was the first step to level the playing field. The folks at
Cablevision were a little wary of us hiring this, saying, oh, come on. We can work this out, and
we said, listen we are not here, we don't consider you the big bad wolf. I know the folks that do,
but we are not here to sit there and bash you and beat you up. We simply want to level the
playing field, and ask and know that what we are seeking and negotiating for what we can
request. That is why we hired these folks. The most recent thing here with all this new set of
5/9/2000 24
rules, and conditions on use, and how they are going to run the facilities. IfI am not mistaken our
Town Attorney has already written a letter, nodding his head yes, saying, look, imposing these
rules at this stage of the game violates our agreement with you. That letter has already gone out.
That is done. We are having meetings pursuant to an attempt to get the franchise renewed. We
are having out first public meeting on Monday to get public input. A month ago or more I wrote
as the liaison to all the school district Superintendents asking their input as far as the education
side of it goes. I have already spoken with the representative from Southold. I haven't heard any
other school districts what interest they have as far as what we can be asking for to get more
public input. So, the comments you have raised today are all part and parcel of what..I have been
gathering information from a whole bunch of places as have the Board members. This is our
laundry list. Here are our problems.
BILL VANSSON: Another question, ifI may, Jean? Did you sign the agreement?
SUPERVISOR COCHRAN: With them?
BILL VANSSON: The agreement as a producer of the show.
SUPERVISOR COCHRAN: No. I wouldn't do anything. They still supply me a staff to do my
show. It doesn't buy anybody anything, believe me, but I am still having my show done by their
stafl~
BILL VANSSON: July 1st is the beginning of the new order.
SUPERVISOR COCHRAN: That what I am waiting to see what they are going to do with me. I
am not signing anything. I am going to close this down pretty soon, sir. (tape change) We
appreciate that. We are going to break in a few minutes. Would you give Bill your name and
phone number so that we have it?
ZABBY: I would like to read the letter from Riverhead from Phil Cardinale, Councilman. They
also requested a second channel. Dear Joan for your easy reference I have enclosed a copy of the
current Cablevision agreements, specifically Section 26. I direct your attention to paragraph three
by this letter on behalf of the Town of Riverhead. I request a second channel as contemplated by
paragraph three. Please implement this as soon as possible. Thank you in advance for your
cooperation in this matter. Paragraph three says, a second channel must be provided when the
other channel has been used eight hours per day for a three-month period. Thank you very much.
Could you read the letter that sent?
SUPERVISOR COCHRAN: I don't think we have it here with us.
ZABBY: May I get a copy of that?
SUPERVISOR COCHRAN: You certainly may. It is public information.
TOWN ATTORNEY YAKABOSKI: It basically just said, though, that we had mutually agreed
upon as many folks here already spoke.
ZABBY: I would like a copy of that letter, because I am going to read it on Fight Back this
Saturday. Thank you. May I have a copy then?
SUPERVISOR COCHRAN: I don't see any problem. This has been long day, and we haven't
had dinner, and we had a very sloppy lunch, so we are getting a little anxious here. Would
anyone else like to address the Town Board on another topic? Sir?
RAY HUNTINGTON: Ray Huntington from Cutchogue. I am speaking on behalf of the Fleets
Neck Properly Owners Association, and we want to thank the Code Enforcement Officer, the
Town Attorney, and the Town Board, of course, for the efforts extended to enforce the Town
Code with respect to the properly formerly known as the Dawson Garage. While this isn't
complete yet, we know, there is substantial activity going on right now to clean up that area, so
we just want to let you know that we appreciate what you have done.
5/9/2000 25
SUPERVISOR COCHRAN: Thank you, Raymond. It is on the top of our list, because you
people down there have been waiting long enough to see this happen, and so we are going to stay
on top of it this time around. I would just like to share with the viewing public that on this
Saturday is the Food Drive for the local Post Office. If you have any non-perishable goods you
would like to give to the Post Office on this drive you can leave it right by your RFD box, or if
you have your mailbox in the Post Office, please, bring down a couple of cans of something that
people who are hungrier than we are could use. Also, on the 13th' which is this Saturday we are
having a town-wide clean up. If you are at all interested, and we could still use some volunteers,
we will be meeting Craig. He is going to be in charge of Greenport down at the school, will be
meeting at 8:00 o'clock. Here we will be meeting at Southold School, and in Mattituck Jim
McMahon was working on that area up there at the school. So, come on out and help us walk, get
some fresh air, pick up the litter. I will now entertain a motion to adjourn.
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 6:52 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.
Elizabeth A. Neville
Southold Town Clerk