HomeMy WebLinkAboutTB-04/26/2001 ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
SOUTHOLD TOWN BOARD
APRIL 26, 2001
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 A. Richter, Town Clerk Elizabeth A.
Neville, Town Attorney Gregory F. Yakaboski.
9:00 a.m. Appointment - Comptroller John Cushman Re: PERMA safety policy and training goals.
Mr. Cushman advised that Frank Laurita, PERMA Senior Loss Control Consultant had visited Southold a
couple of weeks ago. Workmens Compensation is becoming a more and more important issue and his mission
is to keep our employees as safe as possible. Mr. Laurita suggests that someone in the Town be appointed as
the Town Safety Coordinator. Comptroller Cushman recommends Karen McLaughlin as she is a safe person
and has some state contacts in this field. The Town Board directed that a resolution be placed on the agenda
appointing Ms. McLaughlin to this post without any added compensation. (See Resolution No. 341). The
Town Policies file will be checked to see if and what we currently have on file on safety. Supervisor Cochran
will discuss this issue at her next Department Head meeting on May 17, 2001.
9:20.a.m. - The Town Board reviewed IV. For Discussion items as follows: IV. 1. Building Permit
Refund Request of Kevin Santacroce. The Town Board directed that a resolution be placed on the agenda to
refund 50% of this building permit fee as recommended by Edward Forrester, Building Department Head. (See
Resolution No. 341). IV. 2. Iuteruet Access. Several department head requests for granting internet access
within their departments were referred to the computer committee. IV. 3. Map requests to the Planning,
Land Preservation and Data Processing departments. The Town Board directed the Town Attorney to
review this matter and how it would relate to foil requests and place it back on the agenda of the next meeting.
9:25 a.m. James McMahon, Executive Administrator, asked for the Town Board's decision on placing wood
siding on the New Suffolk restrooms. The residents in the area have asked for this. This would be Alternate 1
in the bid at a cost of $47,000. The Town Board directed that wood shingles be used in this project. (See
Resolution No.'s 321 & 328).
9:30 a.m. Mattituck Park District Playgound Mr. McMahon advised that anyone in Town is welcome to
use it. It will be open to all residents. He advised that the total cost of the playground will be around
$49,000.00. The Kwianis Club unused funds of $8,000.00 will be going towards it, $20,000.00 from
Community Development Funds, and the rest is from the Mattituck Park District and donations. Councilman
Moore said that he has no problem with it. He just wants to make sure that everyone remembers that it is open
to all residents in Southold. The Town should have a letter to keep on record. Love Lane sidewalks were
discussed. (See Resolution No.'s 342 and 344.)
Supervisor Cochran mentioned that she would like to plant wildflowers on the property around Custer Institute
but the Land preservation Department would like to keep it in farming. The Town Attorney was instructed to
check the agreement on this.
9:45 a.m. The Town Board continued to review IV. For Discussion item's. IV. 5. Family guest cards for
immediate members of families. The Town Board directed that this matter be held for consideration for the
2002 Budget. IV. 6. Appointments to Landmark Preservation Commission. The Town Board directed
that these members of this committee be notified that they are being held as hold overs as the committee will be
disbanded once the new historic preservation law is put into effect. The public hearings are being held on May
8, 2001. IV. 7. Proposed county legislation re: pilots for the Greeuways Fund. Councilman Moore stated
that he does not think this legislation is necessary. IV. 8. Goldsmith's Inlet modeling. Supervisor Cochran
reported meeting with Charles Bartha of the Suffolk County Department of Public Works. The county will be
looking at it and they will help us with the dredging at Goldsmith's Inlet. IV. 9. Proposed resolution re:
Dvirka & Bartilucci Task Limit Increase. The Town Board will not approve any increase. IV. 10. Request
for water service. The Suffolk County Water Authority told him that they will give it to him, but that it is up
to the Town Board to make the decision. The Town Board will discuss this matter in Executive Session.
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Councilman Romanelli advised at this time that he will not be able to be present at tonight's meeting.
10:00 a.m. Appointment - Bartlett, Amoruso & Reece, Architects re: Town Hall renovation. Rick Bartlett
presented a conceptual plan for an addition to the existing Town Hall. He stated that the plan represents the
Town Hall employees wish list. The plan proposes raising the Whitaker House and giving the barn to the
Southold Historical Society to be moved to their property. A new courthouse would be erected on that site, and
extensions to the existing Town Hall totaling 15,000 sq. feet to be added to the existing 9,400 sq. ft. building to
accommodate the Town offices that were temporarily moved to Feather Hill into 2,000 sq. ft. The court would
be isolated on the new site. Sixty new parking spaces would be added. Supervisor Cochran noted that there
was no provision for Recreation Department offices. It was her original plan to incorporate them into the new
Town Hall. This plan will be put on display in the lobby of Town Hall. Construction time is expected to take
eighteen months to complete. Supervisor Cochran invited residents to stop in at Town Hall and take a look at
the plans and offer input on the preliminary plans.
On motion by Justice Louisa Evans, seconded by Councilman Craig Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 11:27
a.m. for the purpose of discussing Real Property, and the medical, financial, credit or employment
history of a particular person or corporation, or matters leading to the appointment, employment,
promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Romanelli, Councilman Murphy,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
On motion by Councilman Moore, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session at
12:14p.m.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Romanelli, Councilman Murphy,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
The Town Board recessed for lunch at this time.
p.m. for the
employment
employment,
corporation.
Vote of the
On motion by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 1:00
purpose of discussing real property, contracts, litigation, and the medical, credit, or
history of a particular person or corporation, or matters leading to the appointment,
promotion, demotion, discipline, suspension, dismissal or removal of a particular person or
Town Board: Ayes: Councilman Richter,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
Councilman Romanelli, Councilman Murphy,
As a result of this Executive Session, the Town Board placed Resolution No. 346 on the agenda to hire three
new police officers.
Also, a resolution will be placed on the agenda to establish the "Ad Hoc Building Oversight Committee" for
the Southold Town Animal Shelter and appoint individuals to serve on this committee. (See Resolution No.
347).
On motion by Councilman Murphy, seconded by Justice, Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session at 3:08
p.m.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Romanelli, Councilman Murphy,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
3:12 p.m. the Town Board reviewed Resolution No.'s 303 through 352 to be voted upon at the 7:30 p.m.
meeting.
This work session ended at 3:35 p.m.
4/26/01
3
REGULAR MEETING
APRIL 26, 2001
4:30 P.M.
A Regular Meeting of the Southold Town Board was held on April 26, 2001, at the Southold Town Hall,
Southold, New York. Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge of Allegiance led by
Town Clerk Neville.
Present:
Absent:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Brian G. Murphy (left from 4:50 PM to 5:15 PM)
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Councilman John M. Romanelli
SUPERVISOR COCHRAN: May I have a motion to approve the minutes of March 27, 20017
Moved by Councilman Murphy, Seconded by Justice Evans, it was
RESOLVED that the minutes of the March 27, 2001, Town Board meeting and hereby are approved.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Approval of the audit of bills of April 11, 2001.
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the
amount of $489,673.13; General Fund Part Town bills in the amount of $17,611.63; Community Development
Fund bills in the amount of $10,000.00; Highway Fund Whole Town bills in the amount of $30,004.87;
Highway Fund Part Town bills in the amount of $32,164.57; Capital Projects Account in the amount of
$68,033.25; Landfill Cap & Closure bills in the amount of $7,259.39; Open Space Capital Fund bills in the
amount of $5,879.61; Computer System Upgrade bills in the amount of $11,437.82; Compost Land Acquisition
bills in the amount of $520.75; Employee Health Benefit Plan bills in the amount of $6,731.65; Fishers Island
Ferry District bills in the amount of $37,347.46; Refuse & Garbage District bills in the amount of $32,191.89;
Southold Wastewater District bills in the amount of $8,777.74; Southold Agency & Trust bills in the amount of
$4,016.46; Fishers Island Ferry District Agency & Trust bills in the amount of $165.86.
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: An approval of the audit of bills of April 26, 2001.
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the
amount of $143,472.05; General Fund Part Town bills in the amount of $1,199.24; Community Development
Fund bills in the amount of $10,000.00; Highway Fund Whole Town bills in the amount of $17,137.06;
Highway Fund Part Town bills in the amount of $7,041.57; Capital Projects Account bills in the amount of
$5,255.12; Landfill Cap & Closure bills in the amount of $11,515.60; Community Preservation Fund (2%) bills
in the amount of $1,500.00; Fishers Island Ferry District bills in the amount of $30,645.63; Refuse & Garbage
District bills in the amount of $60,766.55; Southold Wastewater District bills in the amount of $1,261.24;
Fishers Island Sewer District bills in the amount of $637.81; Southold Agency & Trust bills in the amount of
$7,395.86; Fishers Island Ferry District Agency & Trust bills in the amount of $125.73.
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: To set the date for the next Town Board meeting for Tuesday, May 8, 2001, at
7:00 P.M.
Moved by Councilman Richter, seconded by Justice Evans, it was
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RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M.,
Tuesday, May 8, 2001, at the Southold Town Hall, Southold, New York
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: At this point we have a Special Presentation. Brian, as Deputy, why don't you
come and help me with this? May I have Senior Presidents join me, or who is accepting the proclamation?
Joseph Kazell, Southold-Peconic, Sue Tasker is Southold, and Mattituck is Jack Wills.
Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS, one of the Town's greatest and underutilized natural resources is our Seniors; and
WHEREAS, these citizens are a bridge to our heritage and an invaluable segment of our society wherein they
contribute their knowledge, experience, service and economic benefit to our community; and
WHEREAS, these citizens are an indispensable part of our lives with their sense of community spirit and
willingness to give back to the community though volunteering, mentoring and sharing of their life experiences;
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold in recognition of the important role that these
citizens play in our community proclaim the month of May 2001 to be "SENIOR CITIZENS MONTH".
Dated: April 26, 2001.
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 want to congratulate you. Thank you for coming in.
I.REPORTS.
SUPERVISOR COCHRAN: Each month the Town Board receives Reports, not only from appointed boards
but from different committees who serve as an arm to the Town Board, and they are on your agenda. They are
available at the Town Clerk's Office. It is all public information, so please feel free if there is an area you are
interested in Betty would be very happy to provide that service.
1. Southold Town Clerk's Monthly Report for March 2001.
2. Southold Town Justice Bruer's Monthly Court Report for March 2001.
3. Southold Town Scavenger Waste Treatment Facility for March 2001.
4. Island Group Administration Claim Lag Report for the month ending February 28, 2001.
5. Southold Town Recreation Department Monthly Report for March 2001.
6. Southold Office of the Historian Annual Report for the Year 2000.
7. Southold Town Justice Evans' Monthly Court Report for March 2001.
8. Southold Town Justice Price's Monthly Court Report for March 2001.
9. Southold Town Board of Trustees Monthly Report for March 2001.
10. Personnel Leave Time Summary Report for March 2001.
11. Southold Town Police Department Detective Division Report for February 2001.
12. Southold Town Police Department Juvenile Aid Bureau Monthly Report for March 2001.
13. Southold Town Program for the Disabled for March 2001 Events.
14. Southold Town Animal Shelter Report for March 2001.
15. Island Group Administration Claim Lag Report for month ending March 31,2001.
16. North Fork Animal Welfare League Financial Statement for years ending 12/31/00 and 12/31/99.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: We also have Public Notices on the agenda. These go down from the New York
State Department of Environmental Conservation, or Corp of Engineers. We usually get these through the mail,
and we put them on our agenda so that you can see. These happen to be some for out in the Sound, and shellfish
beds, and you have the opportunity to respond to them by certain dates if you so desire.
1. US Army Corps of Engineers, New York District, Application of Robert R. Wieczorek, II to replace
bulkhead and dredge in Fordham Canal, Shelter Island Sound, Greenport, Town of Southold. Written
comments by Mary 16, 2001.
2. New York State Department of Environmental Conservation Public Notice of application of Stephen
Gauger for an off-bottom culture permit allowing aquaculture activity involving the culture of shellfish
north of Cedar Beach Point, in Shelter Island Sound, Town of Southold. Written comments by May 11,
2001.
3. US Army Corps of Engineers, New York District, Application of Stephen Gauger to place shellfish cages
off Cedar Beach Point, Shelter Island Sound, Town of Southold. Written comments by May 2, 2001.
4. US Army Corps of Engineers, New York District, Application of Gary Crowther to place shellfish cages
in Great Peconic Bay, Laurel, Town of Southold. Written comments by May 17, 2001.
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III. COMMUNICATIONS.
SUPERVISOR COCHRAN: Communications, we had a letter from the Director of NYS Association of Towns
thanking myself for presiding at a workshop. A letter to myself from John Carter, Director of Community
Affairs, Department of Energy, Brookhaven Executive. We had a very nice thank you to one of our staff
members, Barbara Rudder, in relation to Daffodil Days. The staff and the people that work here are really
generous, thoughtful people, and any time be it Heart Fund or collecting at Christmastime, or Daffodils, the
Cancer, everyone takes part in these things, and it kind of makes a community in a community. So, I also add
my thanks to Barbara Rudder for tracking everyone down, and saying, may I have your money? Also another
letter to Barbara from Kathy Munsch from the American Heart. I think we had carnations on that one. We
bought carnations. A press release from the North Fork Audubon, they had their grand opening at the Red
House at Greenport. If you may or may not be aware it is County property, and there was a house on it, and the
County asked if the Town Board would take the stewardship of the property and the house, and we said, yes.
The North Fork Audubon has their offices up now, and they have put a trail all through the back, which is really
a nice walk down to the pond, and they had their grand opening either Saturday or Sunday. It was nicely done,
and they are happy with their new home. A letter from the New York State Commissioner of Agriculture
Nathan Rutgers in relation to $600,000 Farmland Preservation Award that we received. Also, we had a letter
from New York Transportation Council thanking myself for participating in Annual Council meeting. I had to
travel into Manhattan for that. I hadn't been in New York in awhile to ride the subway. I don't think I have been
on the subway in twenty years, but it wasn't half bad. Anyhow we found ourselves down to the Battery, where
the offices were, and it was their annual meeting, and it was an honor for me to speak them. A letter from LIPA
Chairman, Richard Kessel, in relation to electric supply resources for the summer of 2001 on the island. They
feel that they could possibly have problems, but they sent the information. I think it was today. One from
Senator LaValle, on behalf of the Board I presented a plaque. He was honored by the hospitals, and for the
service that he has given to the community. Also, we had a letter from Ruth Chapman from Southwold. As you
may, or may not know, we were organizing a trip to go to Southwold to anyone that was interested, and we did
get word to this is not the time to come over due to the Mad Cow Disease and the fact that they are in a farm
area, so it was cancelled which we were sorry to do, but they and we felt it was necessary. A letter from the
United State Department of Census in relation to the work that we did and so forth, and they have a
questionnaire that they want filled out.
1. Executive Director Haber, NYS Association of Towns, thanking Supervisor Cochran for presiding at
workshop during 2001 Training School and Annual Meeting.
2. John Carter, Director of Community Affairs, Department of Energy to Supervisor Cochran in regard to
Brookhaven Executive Roundtable.
3. Diane Nicholson, Director of Special Events, American Cancer Society to Barbara Rudder in
appreciation for her help to make "Daffodil Days" a success.
4. Kathy Nunsch, Sevior Regional Director, American Heart Association to Barbara Rudder in
appreciation for helping make "Hearts in Bloom" a success.
5. North Fork Audubon Society in regard to grand opening of the Red House Nature Center, Route 48,
Greenport.
6. NYS Commissioner of Agriculture Nathan Rudgers in regard to $600,000 farmland preservation
award.
7. NY Metropolitan Transportation Council Acting Executive Director Tom Schulze thanking Supervisor
Cochran for participating in the Annual Council Meeting.
8. LIPA Chairman Richard Kessel notifying Supervisor Cochran of meeting on electric supply resources
for Summer of 2001.
9. Carol T. Fergeuson to Supervisor Cochran in regard to National Day of Prayer Observance.
10. Senator Kenneth LaValle thanking Supervisor Cochran for being part of his tribute and plaque.
11. Ruth Chapman to Supervisor Cochran in regard to Southwold.
12. William Barron, United States Department of Census in regard to Local Update of Census Addresses
Program.
IV. PUBLIC HEARINGS.
5:00 P.M., on a proposed "Local Law in Relation to adding Stop Signs on Miller Road heading in a
northerly direction at the intersection of West Mill Road in Mattituck; and on Jackson's Landing Road heading
in a northerly direction at the intersection of West Mill Road in Mattituck".
5:03 P.M., on a proposed "Local Law in Relation to Building Permit Fees, Chapter 45, Article VIII, Fire
Prevention and Building Code, Uniform of the Code of the Town of Southold".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy that before we act on any of
resolutions we open it up to any of you attending for any questions you may have. If your question does not
relate to the resolutions then we are very happy before the close of the meeting to take input on any Town
4/26/01 6
business. At this point I will ask if there is anyone who has any questions in relation to the resolutions. Yes,
ma'am?
LORRAINE ANDRADE: I am Lorraine Andrade from Mattituck, and I was just looking over the resolutions,
and number 347 for the Shelter Committee, ! don't know how you say his name, Dr. Robert Pisciotta, is the
veterinarian. ! have been talking to Dr. Robert Cohn of the Riverhead Animal Hospital, and he would also
volunteer his services, and he has been involved in building fifteen animal hospitals in the past. He also gave
me the name of the firm of architects who did the work at Riverhead Hospital. He said they had done several
others in the New York area, and they are very good, and very reasonable, and he gave me all that information.
SUPERVISOR COCHRAN: Will you give it to me, and the Board will review it, but we are going to set up the
committee of those members that are available at this point. Thank you.
LORRAINE ANDRADE: The vet, and the then the man Charlie McGreno is the architect who did the actual
building at the other animal hospital. ! just put my name on the bottom, so you know who gave it to you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board on any of the resolutions? Sir?
DR. GUNTHER GEISS: Supervisor Cochran, members of the Board, ! am Dr. Gunther Geiss. ! have been a
resident here in town for almost two years, and ! am an observer of the recent events involving the animal
shelter and the Animal Welfare League, so ! am speaking aphetically on 334 the fund for the monies that are
being received for the new shelter, and 347, the committee. ! know you have had a very full day. ! have looked
at your agenda. ! hope you will indulge me as ! tell a short story. For Mrs. Neville's benefit ! have copies. This
is not the full text. Throughout history the most difficult messages have generally passed successfully are
stories, so you will forgive if ! read, because ! want to make sure that what ! say ! say precisely. There once was
a marriage of convenient. There was no love, but there was some mutual respect. Spouse A focused on working
outside the home, earning, determining spending, deciding what to fix, and how to repair the house. Spouse B
focused on caring for and raising a large group of foster children, each of whom had special needs, and had
been cast off by their families. The house was inadequate and in disrepair, because A believed that all was
needed was a little effort, and the help of a friend. Expertise was too expensive and unnecessary, and A did not
always get to repair, and the chores, and when he did the repairs were often temporary. There were plumbing
problems, electrical problems, heating problems, and cleaning problems, and these could lead to health
problems. Since A had the authority as head of household, A controlled expenditures, A decided what would be
done often without consulting B, and because of other responsibilities A was rarely home to suffer the
inadequacies of the house. B loved the children dearly. B gave them the best care possible. B worked very hard
to make the house a home. B was recognized in the community for special care given the children. A rarely
recognized B's efforts and achievements. Given these circumstance B fell into the passive aggressive role of a
powerless person. B complained. B threatened to limit services. B threatened to leave. B threatened to return the
foster children to public care. A knew B would never let the children go, and so B was forced to suffer but
divorce remained a possibility. Surprise, a gift arrived from a distance uncle. At first A did not tell B. B learned
of it from friends. The gift would enable A and B to build a new house, but the gift required that they remain
together, and care for the children, meeting the best standards in a new house that A and B would put up, but A
and B obviously needed help. If this case were presented to you as marriage counselor, what would you tell the
couple. Now, ! will admit ! am not a marriage counselor, but ! have spent twenty years teaching in social work,
administration and research at Adelphi University. Ten of those years ! supervised doctoral research in social
work, so ! feel close to the practice, and ! have been happily married for thirty-five, a small qualification. !
would tell them the following. A and B must begin to listen to each other openly and carefully, because
listening is an art. A and B must learn to communicate effectively. Be direct, be open, be honest, but remember
above all that A and B have a common goal, building a house that would be a good home for the children. A
and B must forgive and forget past injustices, past insults, past inadequacies, and the rest. A must give up some
authority, and include B in the decision-making. A and B must share authority, and responsibility to succeed. A
and B must be partners, not superior, and subordinate. B must move from passive aggressive responses to fully
pro-active partnership. A must stop believing everything can be done with friends. A must recognize the proper
role of expertise. A and B need more than a simple house since the child are all special needs children, and an
ordinary house will not do. The house must meet special needs. It needs to be designed and built by those who
understand and build for special needs. What you ask is the purpose of this story? It is an analogy. A represents
the town government. B represents the North Fork Animal Welfare. The children are the animals that they care
for. The house is the animal shelter. The uncle is Mr. Raynor, our generous benefactor. The moral of my story is
simple. Without true and open communication, without real listening and respect for each other's needs without
shared decision making, without the proper use of experts in design and construction of the shelter, Mr.
Raynor's generous gift will not honor him properly, will not honor nor serve the town, and it will not serve the
animals as intended. We have the opportunity to build an exception animal shelter, a shelter that if built with
expertise, and according to the best practices, will remain exceptional and functional for maybe twenty years or
more, a shelter that will enable the North Fork Animal League to continue it's distinguished service easily, and
only thus can the Town continue to enjoy the reputation it derives from the League's efforts. So, ! say, let's
forget the past. Let's move ahead together, and let's do the best possible, after all it is for the children. Now, the
test, because ! am a researcher, that ! am not alone in this. ! have done a simple little poll of my neighbors, and !
have gotten this response from them, which ! will pass to you. If you will permit me to read, it says, Dear
4/26/01 7
Supervisor Cochran and members of the Town Board. Thank you for your efforts in bonding Town funds and
for securing a most generous matching gift from Mr. Elliot Raynor of Michigan for the purpose of building a
new animal shelter for our town. As taxpaying residents of the Town of Southold we want to see that funds
dedicated to the construction of the new animal shelter are spent wisely, to insure that we get the best facility
possible, one that we can all be proud of. We believe that any committee that works on this project should
include Town officials, consultants with specific expertise, and who are currently active in the design and
construction of animal shelters, and members of the North Fork Animal League, the organization that provides
the services and programs that are protected, and cared for so many of our stray abandoned and surrendered
animals. Thank you.
SUPERVISOR COCHRAN: Thank you for your comments. Is there anyone else that would like to address the
Board in relation to any of the resolutions that are on for action? (No response.) If not, we will start with the
resolutions, and we will start with #303.
#3O3
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
Cochran to execute au agreement with the Town of Shelter Island for the purpose of providing police
dispatch services to Shelter Island for the period January 1,2001 through December 31, 2006, all in accordance
with the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
#3O4
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Tree Committee
to place advertisements in the Suffolk Times and Traveler Watchman newspapers for the Annual Tree
Memorial Honor Roll listings, at a cost not to exceed $1,000.00, to be a charge to the Tree Committee 2001
budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
#3O5
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk
Elizabeth Neville to advertise for summer positions for beach manager~ beach attendants~ lifeguards~
playground instructors~ and water safety instructors for the 2001 summer season.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
6.
7.
8.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore,
This resolution was duly ADOPTED.
#3O6
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk
Elizabeth Neville to advertise for bids for the following road surface treatments for the year 2001 for the
Superintendent of Highways:
1. Oil and Sand
2. Oil and Stone
3. Liquid Asphalt
4. Sand Mix (type 5 Shim)
Type 6 Top
Emulsions and Stone
RC-250 Liquid Asphalt Oil & Recycled Stone
Type II Micro-Surfacing
Justice Evans, Supervisor Cochran.
#3O7
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville to
set a Public Hearing on the 8th day of May, 2001 at 7:38 p.m. at the Southold Town Hall, 53095 Main Road,
Southold, New York as a time and place to review the proposed amends to the FY 2000/FY 2001 Community
Development Block Grant Budget which are as follows:
Project Current Budget Increase Decrease New Budget
Kiwanis Housing
Project $8,000. -0- $8,000.
-0-
4/26/01 8
Mattituck Playground
Project -0- $8,000. -0- $8,000.
Southold Town Board Meeting: April 26, 2001
Public Hearing on May 8, 2001 at 7:38 PM
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#308
Moved by Justice Evans, seconded by Councilman Richter, it was
WHEREAS The New York State Energy Research and Development Authority (NYSERDA) has formed
an alliance with the Long Island Power Authority (LIPA) and the federally funded Energy Star Program
to give New York State residents an opportunity to reduce their energy consumption through the "Keep
Cool Program;" and
WHEREAS LIPA has agreed to fund the Keep Cool Program on Long Island for the duration of the program of
May 1, 2001 through September 20, 2001; and
WHEREAS LIPA and NYSERDA are seeking the involvement of municipalities in the Keep Cool Program to
maintain a drop off areas and promote the economic and environmental benefits of saving energy; and
WHEREAS the Keep Cool Program will provide incentives and cost reimbursement to
the Town for assisting with collection, testing, and disposal of discarded air conditioners,
now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby finds it in the public interest for the Town
to participate in the Keep Cool Program by entering into a contract with NYSERDA and the Town Board
further hereby authorizes Supervisor Jean W. Cochran to implement said contract through her signature, subject
to the review and approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: What this is, is a program being sponsored by LIPA in relation to air conditioners,
and if you turn in an old style air conditioner, I am not sure if you get a voucher after the fact, or before the fact,
but you would get a voucher for $75.00 from LIPA, and the Town would receive $25.00 towards the disposal
and so forth, so it is a program we feel will help cut down some of the use of electricity, because if we have a
hot summer everyone is going to have their air conditioners going, and the newer it is the more efficient it runs.
This the Keep Cool Program, and you will hear more about I am sure in the local press.
#3O9
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Melissa Spiro to
attend the Ninth Annual New York State Land Trust Conference on May 18 and 19, 2001 at Rochester,
New York. As a speaker at one of the workshops, registration fee is waived. However, expenses for travel,
accommodations, and meals shall be a legal charge to the Land Preservation Department 2001 budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#310
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief of Police
Carlisle E. Cochram Jr. to attend the Mid-Atlantic Law Enforcement Executive Development Seminar
commencing Sunday, June 10, 2001 through Friday, June 15, 2001 at the Woodrow Wilson School of Public
and International Affairs, Princeton University, Princeton, New Jersey. Expenses for registration, travel,
accommodations and meals shall be a legal charge to the Police Department training 2001 budget line
A.3120.4.600.200.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#311
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Linda J. Cooper~
Deputy Town Clerk to attend the 2001 New York State Department of Environmental Conservation
Licensing Seminar on May 1,2001 at Stony Brook, New York. Expenses for travel and meal shall be a legal
charge to the Town Clerk 2001 budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
JUSTICE EVANS: I had a letter on this one from the Ferry District, so I wanted to read quickly. It is, enclosed
please find a copy of a resolution the Board of Commissioners has sent to the Town in support of April 26th
agenda item to set a public hearing date with respect to reversing the flow of traffic in Trumball Drive and
Greenwood Road. We have reached the point where we have to need to act with dispatch to make the entire
terminal area operational, hopefully before the Memorial Day weekend. I am sure you got the sense from our
October 14th informational meeting that our constituency is anxious to start using the new area, and equally
4/26/01 9
anxious to discontinue the use of the present with all the potholes. The Board desires to open the new area as
soon as possible with the reverse traffic flow to improve our operations to our customers. I might also point out
that the Ferry District and FIDCO, which is Fishers Island Development Corporation, are working on a
cooperative effort to raise the funds to rehabilitate the bad sections of the road between the West end Building
#98, and the Garbage District Building. This involves fixed pledges from both of the major players and a
grassroots effort to raise the remaining amount needed. We respectively request that the thoughts contained in
this letter be entered into the record of April 26, 2001 Town Board meeting.
#312
Moved by Justice Evans, seconded by Councilman Richter,
WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 26th day of April
2001, a proposed Local Law entitled, "A Local Law in relation to One-Way Streets; now therefore, be it
RESOLVED that the Town Board hereby sets Tuesday, May 8th, 2001 at 7:40 p. m. at the Southold Town Hall,
53095 Main Road, Southold, New York, as the time and place for a public hearing on the aforesaid Local Law
which reads as follows, to wit:
Local Law No. of 2001
A Local Law in Relation to One-Way Streets
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended to read as
follows:
1. Article II, Section 92-20 (One-way streets designated) is hereby amended by adding the
following:
Name of Street Direction Location
Trumbull Drive Northerly Entire Length
Greenwood Road Southerly Entire Length
II. This Local Law shall take effect upon its filing with the Secretary of State.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#313
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Village
Merchants Group to use the Municipal Parking Field on the south side of New York State Route 25,
Southold for their 6th Annual Craft Fair, on Saturday, May 26, 2001 from 6:00 a.m. to 6:00 p.m. (rain date:
Sunday, May 27, 2001) provided they file with the Town Clerk a One Million Dollar certificate of Liability
Insurance naming the Town of Southold as an additional insured.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#314
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Personnel Assistant Linda
Scarpinella to attend the satellite teleconference entitled, "Building Blocks for Town Government -Personnel
Management and Civil Service," on Thursday, April 26~ 2001~ at Suffolk County Cooperative Extension in
Riverhead; the $10.00 registration fee shall be a legal charge to the Accounting & Finance Department's 2001
budget, account A. 1310.4.600.200.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#315
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Lauren Como as a part- time
Recreation Specialist at the Southold Town Human Resource Center funded by the Senior Adult Day Care
Services (SADS) Grant, at a salary of $12.09 per hour, effective April 30, 2001 through December 31, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#316
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Ann Tuthill as a part-time
Home Health Aide at the Southold Town Human Resource Center funded by the Senior Adult Day Care
Services (SADS) Grant, at a salary of $8.88 per hour, effective April 30,2001 through December 31,2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I am going to stop right here because we have two hearings scheduled, and we can
start these a little late but we can't start them early, and we are a few minutes late on these, so we will stop. May
I have a motion to recess?
4/26/01 10
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 5:00 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 5:12 P.M.
#317
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints John Woodhouse as a part-time
Maintenance Mechanic I for the Senior Services Program funded by the CSEA Residential Repair Grant, at
a salary of $12.00 per hour, effective April 30, 2001 through March 31, 2002.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Number 318, establishing Health Care coverage, we are going to hold
#319
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold grants permission to not more than seven
members of the Anti Bias Task Force to attend "Score Against Hate", an educational workshop at Touro
Law Center in Huntington on May 17~ 2001~ 8:00 a.m.-3:00 p.m. The rate of $40 per person, transportation,
and meal expenses shall be a legal charge to the Anti Bias Task Force 2001 budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Number 320, accepting conveyance of drainage easement, we are also holding.
#321
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Philip Ross Industries~
Inc, 200 Long Island Avenue~ Wyandanch~ NY 11798~ in the amount of $41~700, {$44~700. with Alt #17
for the demolition and removal of the existing restroom building and the construction of a new restroom
building, in accordance with the plans and specifications repaired by Town Engineer James Richter.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#322
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Karen McLaughlim
Program Supervisor~ Senior Services~' to attend the New York State Association of Area Agencies on
Aging Annual Conference at Albany,. New York, on June 4, 5, & 6, 2001. Registration fee of $160.00 shall
be a legal charge of the Southold Town Senior Services 2001 budget. Travel and accommodation costs to be
paid by attendee.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#323
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for the sale of
the following used vehicles, all in accordance with bid specifications:
1997 Oldsmobile Achieva $ 4,000.00 Linda Scarpinella
1994 Chevrolet Caprise $ 403.00 Joanne King
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#324
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Joseph F. Chiaramonte~ M.D.
as a Member of the Board of Ethics for a three-year term of office to expire on May 2, 2004.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#325
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Kathleen Goggins to the
4/26/01 11
position of a temporary secretary/clerk typist for the Board of Assessment Review starting May 22,
2001 through July 2, 2001 or shortly thereafter.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#326
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby hires Andre Edwards and Jean Rocco as
part-time Mini-bus Drivers for the Human Resource Center, at the rate of $8.88 each per hour, effective April
30, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#327
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
Cochran to execute a grant agreement with Agriculture and Markets for contract number C800013~
Town of Southold Agricultural and Farmland Implementation Grant in the amount of $466~775 for the
contract term of January 11, 2000 through March 31, 2003 all in accordance with the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#328
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the
following Capital Proiect in the 2001 Capital Budget:
Capital Project Name: New Suffolk Beach Comfort Station
Financing Method: Transfer from Highway Fund Whole Town
Budget:
Revenues:
H.5031.65
Appropriations:
H. 7110.2.200.300
Interfund Transfers
Park & Beach Facilities
Capital Outlay
Park & Beach Improvements
New Suffolk Beach Comfort Station
$ 44,700.00
$44,700.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#329
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Capital Budget for the
Landfill Vehicle:
Budget Increase:
Revenues:
H.5031.95
Appropriations:
H.8160.2.300.300
Transfers from Other Funds
$ 387.52
Refuse & Garbage
Equipment & Capital Outlay
Motor Vehicles, Trucks $ 387.52
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We will table #330, a bond resolution.
#231
Moved by Justice Evans, seconded by Councilman Richter,
RESOLVED that the Town Board of the Town of Southold hereby modifies the
General Fund Whole Town 2001 Budget as follows:
TO:
A.6772.2.500.400
From:
A.2750.60
Programs for the Aging
Residential Repair Program
Tools
$ 356.30
Suffolk County Aging Grants
Residential Repair Grant $ 356.30
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
4/26/01 12
SUPERVISOR COCHRAN: #332 pertaining to the S.O.A.R. Program, is held.
#333
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold appoints Eileen Powers as a Member of the
Board of Ethics through December 31, 2002, filling the unexpired term of James Hudson.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#334
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold establishes a fund for the purpose of depositing
donated monies to benefit the Southold Town Animal Shelter.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#335
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Bunchuck to
attend the 2001 PERMA Annual Member Meeting on May 17 and 18, 2001 at Bolton Landing, New
York. The registration fee and all lodging expenses will be paid by PERMA. All other necessary expenses for
travel and food shall be a legal charge to the 2001 Solid Waste Management District Budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#336
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Carlisle E.
Cochran to attend the NYS Association of Chiefs of Police 2001 Annual Trainin~ Conference
commencing Sunday, July 29 through Thursday, August 2, 2001, at the Sheraton Saratoga Spring Hotel
and Conference Center, Saratoga Springs, New York. Travel to be by Town vehicle. The registration fee,
lodging, food, tolls and other miscellaneous expenses to be a legal charge to the Police Department Training
Budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#337
Moved by Justice Evans, seconded by Councilman Richter, it was
RIp_SOLVED th.at the Town Board of the Town of Southold hereby grants permission for the following
Ottlcers to attend t~he Dive Rescue International/Dive Rescue II Training exercise sponsored by the Southold
Fire Department, Southold, New York, commencing on Wednesday, May 16 through Sufiday, May 20,
2001:
Det. Joseph Conway
SBC Donald Dzenkowski
Sgt. James Ginas
Det. Edward Grathwohl
Sgt. Richard Perkins
PO Joseph Wysocki
The tuition charge for all officers will be a legal charge to the Police Department Training budget line.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#338
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Solid Waste District
Budget, as follows:
TO:
Transfer to Capital Fund
Furniture and furnishings
Forklift Maint/Supplies
Payloader #3 (John Deere 664)
SR.9901.9.000.1
SR. 8160.2.100.200
SR. 8160.4.100.610
SR. 8160.4.100.570
FROM:
SR. 8160.2.400.550
SR. 8160.2.500.400
SR 8160.4.400.810
$ 4687.52
3500.00
2200.00
2000.00
Farm Tractor $5,687.52
Telephone Equipment 2500.00
C&D Removal 4200.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#339
4/26/01 13
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town
2001 budget as follows:
To-'
Appropriations:
A. 8830.4.400.200
Shellfish, C.E.
Contracted Services
Eelgrass Culture Facility $53,000.00
Revenues:
A.3089.80 NYS Dept. of State Grant $53,000.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#34O
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby issues a refund to Kevin L. Santacroce
for a building permit on property located at 1000 Laurel Avenue, Southold, New York, in the amount of 50%
of fee paid, 403.10, for voided permit at the request of applicant due to change of plans and issuance of new
permit.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#341
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby designates Karen McLaughlim as the
Town Safety Coordinator.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: No extra pay by the way.
SUPERVISOR COCHRAN: She is volunteering, and she has already been working with PERMA and doing a
nice job.
#342
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board or the Town or Southold hereby accepts the bid or KJB
Industries~ Inc, 14 Center Drive~ Riverhead~ NY 11901, in an amount not to exceed
$92,300.00, for the demolition and instillation or a new stampcrete sidewalk and concrete
curbing for the Mattituck/Love Lane -Downtown Revitalization Project, in accordance with the plans and
specifications prepared by Town Engineer James Richter, and subject to Town Attorney approval and funding
verification from various sources.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#343
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Comptroller John
Cushman to attend a GASB 34 teleconference sponsored by the Long Island Association of Municipal
Comptrollers on May 9~ 2001 at Cornell Cooperative Extension in Riverhead, and that the registration fee
of $119 shall be a legal charge to the Accounting Department 2001 budget (A. 1310.4.600.200, Meetings &
Seminars
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#344
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W.
Cochran to sign an Agreement between the Town of Southold and KSB Industries~ Inc. 14 Center Drive,
Riverhead, NY 11901, in an amount not to exceed $92,300., for the demolition and instillation of a new
stampcrete sidewalk and concrete curbing for the Mattituck/Love Lane-Downtown Revitalization, in
accordance with plans and specification prepared James Richter, and subject to Town Attorney approval and
funding verification from various sources.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#345
4/26/01 14
Moved by Justice Evans, seconded by Councilman Moore, it was
WHEREAS the Town Board of the Town of Southold as the governing body of the Southold Solid Waste
Management District held a public hearing on March 13, 2001 pursuant to Article 2 of the Eminent Domain
Procedure Law, regarding the acquisition of temporary easements over portions of certain parcels of property
located within the Town of Southold, in connection with the District's capping and closure of the Southold
Landfill located in Cutchogue, New York.
WHEREAS, the owner(s) of the following premises to be acquired and the District have reached an agreement
with respect to the District's acquisition of the temporary easement over the premises listed below; and
WHEREAS, it is in the mutual interest of the parties to enter into temporary easement agreements without the
need to proceed with the eminent domain proceeding; and
WHEREAS, the price per month agreed to with respect to the temporary easements specified in the
agreement(s) are within the range of market value for such use of the parcel(s); and
WHEREAS, in light of the costs attendant to proceeding with the eminent domain proceeding and the
uncertainties of litigation it is in the best interests of the District to enter into the temporary easement
agreements at this juncture; and
WHEREAS, the acquisition of these temporary easements are a necessary part of the closure of the Southold
Landfill and, as such, constitute a Type I! action under the State Environmental Quality Review Act and 6
NYCRR 617.5(c) (29) since undertaken pursuant to the Stipulation of Settlement dated October 5, 1995
between the Town of Southold and the New York State Department of Environmental Conservation.
NOW BE IT RESOLVED, that the Town Board, as the governing body of the Southold Solid Waste
Management District hereby authorizes the Supervisor to execute separate Temporary Easement Agreement(s),
in the form and substance as attached hereto, and any additional documents necessary to complete the
acquisition of the temporary easement(s), with respect to the property(ies) listed below:
Temporary Easement #: 2B
Reputed Owner Blast Holding LLC
SCTM# 1000-84-3-P/O 5
Temporary Easement #: 4A
Reputed Owner Frank Lyburt and Donna Lyburt
SCTM# 1000-96-1-P/O 16
Temporary Easement #: 4B
Reputed Owner First Baptist Church of Cutchogue
SCTM# 1000-96-1- p/O 13.001
and be it further
RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this resolution and the
attached synopsis to Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP., P.O. Box 389, 456 Grilling
Avenue, Riverhead, New York, 11901 and Gregory Yakaboski, Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#346
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as
Southold Town Police Officers~ effective upon the commencement of the Suffolk County Police Academ¥~
at a salary of $29~229.00 per annum: Peter Onufrak~ William Helinski~ and Todd Johnson
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#347
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the Ad Hoc Building Committee
for the Southold Town Animal Shelter and appoints the following to the committee:
Councilman John Romanelli, Chairman
Councilman Craig Richter, Co-chairman
Jamie Richter, Town Engineer
Robert Pisciotta, DVM
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: With the understanding that we can always add to this committee.
SUPERVISOR COCHRAN: ! was going to explain that. We have pretty good recommendations here, and we
are waiting to hear back from the League. They have not approved the member yet.
#348
Moved by Justice Evans, seconded by Councilman Moore,
A regular meeting of the Town Board of the Town
of Southold, in the County of Suffolk, New York,
held at the Town Hall, 53095 Main Road, Southold,
4/26/01
PRESENT:
Hon. Jean W. Cochran, Supervisor
Louisa P. Evans, Justice
William D. Moore, Councilperson
John M. Romanelli, Councilperson
Craig A. Richter, Councilperson
in
15
said Town, on the 26th day of April, 2001.
In the Matter
of the
The construction of a building at
Veteran's Memorial Park, in the
Mattituck Park District.
ORDER CALLING
PUBLIC HEAR1NG
TO BE HELD ON THE
22nd DAY OF MAY 2001.
WHEREAS, the Board of Commissioners of the Mattituck Park District (the "Board" and the "Park
District", respectively) of the Town of Southold (the "Town"), Suffolk County, New York, pursuant to the
resolution adopted and subscribed by said Board of Commissioners on April 5, 2001 and together with the
petition in due form, duly submitted to the Town Board (the "Town Board") of the Town (certified copies of
such resolution and petition are attached hereto and made a part hereof), has requested the Town Board to call a
public hearing to hear all persons interested in the subject thereof, being the construction of a building at the
existing Veteran's Memorial Park, Peconic Bay Boulevard, Mattituck, in the Park District, for use as a storage
and maintenance building for equipment and two offices, for a concession stand and for bathroom facilities
(herein called the "Project"), the estimated maximum cost thereof being $325,000, of which $45,000 will be
provided from moneys now available in the District's Operating Fund, and to finance the balance of such cost
($280,000) by the issuance of obligations of the Town pursuant to the Local Finance Law; and that to pay the
principal of and interest on such obligations as the same shall become due and payable, a sum sufficient therefor
shall be levied and collected from the several lots and parcels of land within the District, in the same manner
and at the same time as other Town charges; and.
WHEREAS, said Board of Commissioners, in the role of Lead Agency, has undertaken the requisite
proceedings pursuant to the New York State Environmental Quality Review Act (" SEQRA") and has
determined that the Project is an Unlisted Action thereunder having no adverse impact upon the environment.
NOW THEREFORE, IT IS
ORDERED, that a public hearing be held by the Town Board on the 22nd day of May, 2001, at 5:00
o'clock P.M. (Prevailing Time), at the Southold Town Hall, 53095 Main Road, Southold, in the Town, to
consider the Project, and to finance that portion of the cost thereof not provided from the District's Operating
Fund by the issuance of Town obligations pursuant to the Local Finance Law as hereinafter referred to and the
levy and collection upon the several lots and parcels of land within the Park District, of a sum sufficient to pay
the principal of and interest on such obligations as the same shall become due and payable, in the same manner
and at the same time as other Town charges; and
ALL PERSONS desiring to be heard concerning the subject matter of the above referenced public
hearing will be given an opportunity to be heard at the time and place aforesaid;
AND, IT IS
FURTHER ORDERED that the Town Clerk is hereby authorized and directed to cause a copy of this
Order to be published once in "THE SUFFOLK TIMES", a newspaper published in Mattituck, having a general
circulation within the Town of Southold, and, further, to cause to be posted a copy of this order on the sign
board of the Town and in five conspicuous public places within the District, and, further, to cause to be mailed
by first class mail to each owner of real property in the District subject to the assessment, levy and collection of
amounts equal to the principal of and interest on such obligations when due and payable, such publication, such
posting and such mailing to occur not less than ten (10) nor more than twenty (20) days prior to such public
hearing.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#349
Moved by Justice Evans, seconded by Councilman Moore, it was
WHEREAS Fredrick Lee & Karen A. Lee have made application pursuant to Chapter 6 of the Southold
Town Code for a refund of Community Preservation Funds paid; and
WHEREAS the Town Board believes it was not the intent of the Community Preservation Fund to
impose a 2% transfer tax on the sale of "preserved land"; and
WHEREAS Fred & Karen Lee paid $860.00 dollars pursuant to the 2% Community Preservation Fund
on land on which the development rights had been previously sold to the County of Suffolk; and
WHEREAS the Town Board has directed the Town Attorney's department and the Land Preservation
Department to prepare any necessary changes in the local law to make sure "preserved parcels" are not taxed
under the 2% CPF tax; be it
RESOLVED that the Town Comptroller, the Suffolk County Treasurer, and all appropriate and
necessary parties are hereby directed~ pursuant to the provision of Chapter 6 of the Southold Town Code to
refund $860.00 to Fred & Karen Lee subject to the right of the Town Board to seek a return of this amount if
the necessary local law changes are not enacted by the Town Board.
4/26/01
Vote of the Town Board: Ayes: Councilman Richter,
Cochran.
This resolution was duly ADOPTED.
16
Councilman Moore, Justice Evans, Supervisor
#35O
Moved by Justice Evans, seconded by Councilman Moore,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York on the 27th day of March 2001, a Local Law entitled, "A Local Law in Relation to adding Stop
Signs on Miller Road heading in a northerly direction at the intersection of West Mill Road in Mattituck;
and on Jackson's Landing Road heading in a northerly direction at the intersection of West Mill Road in
Mattituck", and
WHEREAS the Town Board of the Town of Southold held a public hearing on April 26, 2001, at which
time all interested persons were given the opportunity to be heard.
RESOLVED that the Town Board of the Town of Southold hereby enacts "A Local Law in Relation
to Adding Stop Signs at Miller Road and Jackson's Landing Road, Mattituck, New York, which reads as
follows:
LOCAL LAW NO. 8 2001
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended
as follows:
1. Article III, Section 92-30 (Stop & Yield Intersections) is hereby amended by adding
the following:
Direction of At Intersection Location
Stop Sign on Travel With (hamlet)
Miller Road northerly West Mill Road Mattituck
Jackson's Landing Road northerly West Mill Road Mattituck
II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this
law shall be judged invalid or held unconstitutional by any court of competent
jurisdiction, any judgment made thereby shall not affect the validity of this law as a
whole or any part thereof other than the part or provision so adjudged to be invalid or
unconstitutional.
III. This Local Law shall take effect immediately upon filing with the Secretary of State.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
COUNCILMAN MOORE: I move we hold #351.
SUPERVISOR COCHRAN: Why?
JUSTICE EVANS: Last time it got voted down.
SUPERVISOR COCHRAN: I have a notion to table. May I have a second?
#351
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED to TABLE Resolution #351 enacting "Local Law in Relation to Building Permit Fees, Chapter 45,
ArticleVIII, Fire Prevention and Building Code, Uniform of the Code of the Town of Southold".
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#352
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED, by the Town Board of the Town of Southold that the Supervisor is hereby directed to not
execute the agreement between the County of Suffolk and the Town of Southold regarding Daily
Congregate Meals for the Human Resource Center.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#353
Moved by Councilman Murphy, seconded by the Entire Town Board,
WHEREAS, In the course of the evolving development of the Town of Southold, when the ingredients of
shared concern and responsive endeavor combine in a symmetry of commitment, there have emerged certain
public servants who warrant special recognition; and
WHEREAS, It is the sense of the Town Board of the Town of Southold to commend those public servants who
demonstrate such magnanimous conduct and bearing, and who give positive definition to the profile of the
Town of Southold; and
WHEREAS, The Office of the Town Clerk, a time-honored and vital part of local government, exists
4/26/01 17
throughout the world; and
WHEREAS, The Office of the Town Clerk is the oldest among public service positions; and
WHEREAS, The Office of the Town Clerk provides the professional link between the citizens, the local
governing bodies and agencies of government at other levels; and
WHEREAS, Town Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal
service to all; and
WHEREAS, The Town Clerk serves as the information center on functions of local government and the
community; and
WHEREAS, Town Clerks continually strive to improve the administration of the affairs of the Office of the
Town Clerk through participation in education programs, seminars, workshops and annual meetings of their
state, county, national and international professional organizations; and
WHEREAS, It is most appropriate that this Town Board recognize the accomplishments of Town Clerks for the
vital services they perform and for their exemplary dedication to the communities they represent; now,
therefore, be it
RESOLVED, That the Town Board of the Town of Southold Body pause in its deliberations to proclaim the
week of April 29 -May 5, 2001, as Town Clerks Week in the Town of Southold; and be it further
RESOLVED, that a copy of this Resolution, suitably engrossed, be transmitted to the
Suffolk County Clerks Association.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans,
Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Okay, it seems we have taken care of everything we were supposed to. At this
point if there is anyone that would like to address the Town Board on any given Town Board business we would
be very happy to entertain those comments now.
LORRAINE ANDRADE: Hi, Lorraine Andrade from Mattituck. As we soon as we heard about the wonderful
man, Elliott Raynor, we began picking up the petitions. Thank God, that is over with. However, we think the
612 people who were good enough to take the time to sign them would like their names added to those
previously handed in. This brings the total to 7,378.
SUPERVISOR COCHRAN: Thank you.
LORRAINE ANDRADE: ! told you the important stuff about the veterinarian. Now, in the Suffolk Life there
was a statement that you were going to take more ownership of the Shelter in the future. ! just didn't understand
what that meant.
SUPERVISOR COCHRAN: It is a Southold Town facility, and the contract has now been signed by both sides,
in it, it says you are responsible for many things that you have not been doing, or you know we didn't enforce,
maintenance. There are a lot of things that the League was responsible for. ! think the next time around when it
is time for a new contract that is sat down, and very carefully looked at, and both sides, of course, we
renegotiate and have input so that it would be more clear. ! think we need that especially with a new facility.
LORRAINE ANDRADE: Oh, yes, and now ! have a letter. ! am a letter from Steve Gruber. He is a resident and
a taxpayer of Greenport. He wrote the letter. He said, ! am sorry that ! am unable to attend today's town
meeting, but ! want to make sure that my comments concerning the animal shelter are heard by the Town Board
and my fellow residents. First, ! want to express the appreciation to Mr. Raynor for his generosity and caring in
donating $250,000 to build an all-new shelter. Second, ! want to express my outrage at the fact that members of
the Town Board, knowing for months that this donation was a possibility did not communicate any information
about it to the North Fork Animal Welfare League. Certainly a simple statement to the League that we are
working on it could have eliminated months of battling, and certainly such a simple statement could have been
made without jeopardizing this donation. And speaking of the Board's refusal to communicate with League,
some examples are notifying them only an hour before the press conference where the donation would be
announced, establishing another Building Committee, and notifying the League representative the day before
the committee was to be announced. It seems to me that all the League has to go on is what they read in the
newspapers. That is some way to treat a partner with such disrespect. This is unacceptable behavior for a Town
Board, and it certainly is not leadership. A few more thoughts, it would be fiscally irresponsible for the Town
Board to move ahead with planning and building a $500,000 shelter without the direct involvement of a
reputable architectural firm that designs animal shelters. Given the results of not doing this in the past, and
ending up with a shelter that never has been even satisfactory, much less something the Town of Southold can
be proud of. It is crucial that this Town Board not repeat the disgraceful mistakes of the past. It would be a big
mistake to move the shelter's location from the easily accessible and secure location it currently has behind the
police station. Big mistake in my opinion. From what ! read in the papers, it sounds like the Town Board is
looking to take on a more substantial role with the shelter. ! hope this means that the Town Board will take a
greater interest in the shelter and be more responsive to the needs of the shelter and more willing to work with
the League to ensure these needs are met quickly and acceptably. For the sake of the animals and the town !
4/26/01 18
certainly hope that this does not mean that the Town Board is not planning to run shelter from Town Hall.
The North Fork Animal Welfare League has proven it's abilities and commitment to excellence for thirty years
in the town, and no one can run the shelter better. Finally, let me say that I am proud of the North Fork Animal
Welfare League and its years of service to the Town of Southold, and proud and grateful to the League for its
unwavering commitment to care for and stand firm in issues that affect the well-being of the animals in its care,
and I am proud of the League's unyielding demand for a new shelter, which was the driving force that
ultimately resulted in the funds being obtained. Thank you. Steve Gruber.
SUPERVISOR COCHRAN: I will take it.
LORRAINE ANDRADE: I have it all scribbled up. Let me get a clear copy for you. They gave it to me today
to please read. Let me make my corrections a little simpler. I scribbled all over it when I got it today.
SUPERVISOR COCHRAN: Will you see that the Town Clerk gets it?
LORRAINE ANDRADE: I will. Let me correct it a little.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
EDWARD J. BAGE: To refresh your memories, I am Edward J. Bage, and I brought my visual aid with me. It
is the Town Code. I will read a prepared statement. For over two years I have been trying to get an illegal
junkyard in Laughing Waters closed down. When I first started this quest I spoke to the Town Attorney about
this illegal junkyard, and he told me he would look into it, but he said, even though this junkyard ran counter to
the Town Code he probably could not close it down because the Town Code was not enforceable, a person
could do whatever he pleased regardless of what the Town Code specified. Imagine that. The Southold Town
Code all 1887 pages, 4 pounds, 11 ounces of weight, and $270.63 of worth is according to the Town Attorney
nothing more than a compendia of irrelevancies. The latest event in this sage took place in December 2000,
when two sets of citations issued by Mr. Forrester were adjudicated on December 18, 2000. One set of citations
was issued on April 10, 2000. The second set was issued on November 2, 2000. Why this first set was not
adjudicated until December 18th yOU will have to ask the Town Attorney. The first set of four citations were for
salvage center without permit, storage without authorization, auto parts without license, and storage outside
enclosure. The second set of four citations was for maintaining junkyard without permit, salvage center without
permit, illegal dumping, and unenclosed storage. Instead of prosecuting all citations the Town Attorney allowed
Mr. Walters to plea-bargain away the most serious citations, and plea to unenclosed storage, and storage outside
enclosure for which he was fined $150 for each citation. From the Town Justice Office I have obtained case
inquiries for each set of citation. On the November 2nd set the secretary wrote, there was no trial, the case was
settled by conference. If you have any questions you should talk to the Town Attorney. So, I made an
appointment through the Town Attorney's secretary, a 1:00 P.M. appointment for a few days hence. At 12:00
noon on the appointment day I received a call from the Town Attorney. He asked if I wanted to discuss the
Walter's case. I said, I want to discuss the December 18th proceedings whereupon he said I have already spoken
to you about this case once. Mind you, this once was over two years ago. He said I don't have to speak to you
about it again. I then asked him if he was refusing to speak to me every again, and he replied, yes. Where upon I
slammed the phone down. Imagine that a Town employee who's salary is partially paid for by my taxes
refusing to ever speak to me again. If he can refuse to speak to me he can refuse to speak to any one of you,
because all of you are no more than I, a taxpaying resident of the Town of Southold. I then went back to the
Town Justice's Office to file a request for minutes of the trial. A few days I got a call from the Court Steno. She
told me it would cost me $50.00 for a transcript. Imagine $50.00 for something already in the public domain,
and paid for by my taxes. Needless to say I did not pay, and found a disposition by other means. I will not go
into detail but the Town Attorney did was misinterpret the Town Code in favor of Mr. Walters in both
incidences. At this time I call for the removal of the Town Attorney because of his refusal to enforce the Town
Code, his being in collusion with the defendant's attorney to circumvent the Town Code and arrogant lack of
respect for a taxpaying resident of the Town of Southold. In closing I hope this Town Board, which is willing to
spend $40,000,000 to bury a new LIPA transmission line, because it considers an overhead line to be ugly,
which is considering five-acre zoning to prevent a profusion of houses, which it considers to be ugly, which is
considering raising fees for the hiring of highly intelligent people who will vigorously enforce the Town Code,
will listen to the pleas of a taxpaying resident of the Town of Southold, and will enforce the Town Code, and
close down an illegal abomination of a junkyard, which is trashing a lovely community visually and
economically by compressing property values. If this Board does not see fit to close down this junkyard, then I
call for it to resign, so that a new Board which will protect the rights of the taxpaying residents of the Town of
Southold by enforcing the Southold Town Code can be elected. Thank you.
TOWN ATTORNEY YAKABOSKI: Unfortunately, Ed, about 98% of what you just said was untrue.
EDWARD BAGE: I just like to...
SUPERVISOR COCHRAN: Wait a minute. I am not going to have a go and go, and back and forth.
4/26/01 19
EDWARD BAGE: Put it in writing what you did.
TOWN ATTORNEY YAKABOSKI: The issue that has come continually is whether or not Mr. Walters in
Laughing Waters the status or the legality of the operation he has on there. What I have continually referred Mr.
Bage to is Ed Forrester, who is Director of Code Enforcement, who is the one who determines who issues
citations, his department. That has happened continually. Mr. Walters was issued citations. He was fined. He
had to bring the operation into compliance to a point with an inspection by Mr. Forrester. He had to get a letter
from Mr. Forrester, which he then had to present to the Town Clerk to receive a permit. Correct, Betty? He
brought the operation into such compliance that he received this letter. He then applied to the Town Clerk for
his permit under the law, and he received his permit. If there is are continuing violations I will make a
recommendation to anyone, and if there is a belief of a continued violation the system, which is set up to deal
with Code violations, which are not Trustee or wetland violations, is to contact the Building Department to file
a complaint there. That complaint is investigated via the Building Department and the Code Enforcement Unit.
That is who makes the determination as to whether or not a violation exists. If that department finds that a
violation exists. Mr. Walters knows. I have stated to Mr. Walters before that if additional violations are issued
for this particular place, he has been brought into compliance, which was the goal. He was fined. If additional
violations are then issued he will prosecuted to the fullest extent. All this information has been conveyed to all
interested parties. That, I think is a systematic, fair, even handed approach, and I think that you have different
opinions in the community you can only go with a fair, systematic, pro-active approach. If anyone has
complaints, either on Mr. Walters' property, or any property, please, the proper way to do it, and I refer people
all day long, all week long in the same manner to issue complaints, or file complaints with the Building
Department. That is the Code Enforcement unit of the Town. That is how it is handled. If anyone has any
questions as to any outstanding complaints or violations how they are handled with respect to this property they
can seek that information through the Building Department. That is how the Code is set up.
EDWARD BAGE: May I rebut?
SUPERVISOR COCHRAN: You may make comment.
EDWARD BAGE: The Town Attorney has made statements. I have gone to Mr. Forrester many times. Mr.
Forrester has just about thrown his hands up because nothing is happening. If a person takes the time to go over
the file that is in the Town Clerk's Office in regards to this they will find that way back when, when Judy Terry
was Town Clerk, and Robert Tasker was Town Attorney, they illegally issued him a permit. But that permit was
issued for 400 Nakomis Road. That is where his residence is. Now, it was issued on the basis of a non-
conforming use before the Code was established, but if you read what the Code says, when the Code was put
into effect a person had thirty days to file a request for a permit to continue this non-conforming use. The Code
doesn't specifically say, then this will be terminated, but logically you can assume that is what the Code means.
File for a permit within thirty days, or what you are doing can no longer be done. Sixteen years after the Code
was passed, because Mr. Walters was using an adjacent property for dumping his cars and junk. Touris Homes
owned the property Touris Homes complained and finally the Town Clerk took it upon herself to write Mr.
Walters, come on down and get a permit after sixteen years. So, he filed a request for sanitation pickup. Mr.
Walters had been picking garbage, and where did he get most of his junk when he was picking garbage? Out of
the garbage, so he filed for a sanitation pickup. Bob Tasker told Judy Terry. There ain't no such thing. Have
him come in for a junkyard permit, which he never really was doing. So he brought in an application for a
junkyard permit, and over a period of years that permit had to be renewed, and he would let it lapse, and they
would keep telling him, come on down, get your permit. They were helping him do an illegal thing. Now, as !
said, the permit was issued for his residence, 400 Nakomis Road. In 1981 he purchased a small parcel to the
north of his residence. That is what where he is conducting his main junkyard operation. That parcel did not fall
under the existing use, and that is what ! am saying is the illegal operation, and this is what ! wanted to say to
the Town Attorney, but he has told me ! ain't going to talk to you.
SUPERVISOR COCHRAN: Ed, I have known you a long time. Let's stay off the personal bit
EDWARD BAGE: ! am not talking to Greg Yakaboski. ! am talking to the Town Attorney. ! have nothing
personal against him as an individual, but ! have it against him for not enforcing the Code of the Town of
Southold.
TOWN ATTORNEY YAKABOSKI: I would also recommend to all folks and anybody listening on TV in
terms of Code violations, again, ! believe ! passionately enforce Code violations. The way the system works, the
way the system works, is the Code Enforcers, the Building Department, are the ones that issue the violations. If
an individual, Mr. Bage, believes very passionately, he has a very passionate belief, that this is what is
occurring in that particular area is incorrect. Apparently the Code Enforcers disagree. ! would recommend
again, something ! recommend to a lot of people, if they the Town is not enforcing a Code, which should be
enforced, and it is a respectful disagreement, folks have the right. You can talk to some counsel about this, have
a right, there is some possible remedies under Town Law if there is a disagreement. But, ! can tell you, and !
4/26/01 20
direct everybody in the same manner, if there is a Code violation that complaint goes to the Code
department. That is who writes the violations. Neither my department, nor the Town Board, nor any other
department except for the Police Department issues violations. Bay Constables issue on Trustee violations and a
couple of other ones, but that is not focused on non-wetlands.
EDWARD BAGE: Perhaps the Town Attorney was not listening to my prepared statements. He is saying to go
to the Code Enforcement Officer, and this is what I have been doing. The Code Enforcement Officer has been
issuing citations for operating an illegal junkyard specifically on that parcel north of his residence.
TOWN ATTORNEY YAKABOSKI: There are no outstanding violations to my knowledge.
EDWARD BAGE: These are the citations that he is throwing out.
SUPERVISOR COCHRAN: May I say something now? Let's cut to the chase, Ed. We know that this
particular individual, he will issued summons, he will then comply to what he is allowed to have, and then the
next thing you know it is out of hand again, and then we get complaints. We keep going through this whole
process. Has he reached the point again of violating what he is allowed to do?
EDWARD BAGE: He has never discontinued the junkyard operation on the north parcel even though he has
been issued citations for that.
TOWN ATTORNEY YAKABOSKI: Mr. Bage, Ed Forrester knows to the best of my knowledge there are
currently no, ever since that property was brought into compliance to the point he is able to apply and get a
permit from the Town Clerk there have been no .... The basic disagreement is whether or not that particular use
has to follow certain criteria under our Code. The Code Enforcement Office has made a determination as a
particular date that all the requirements have met. That is why Mr. Walters was allowed to apply and receive a
permit from the Town Clerk. The basic disagreement as to whether or not that use is allowed to take place at all
on that property, and the Code Enforcement Officer believes there is.
EDWARD BAGE: Supervisor Cochran, members of the Board, I will show you the papers that I have, the
copies of the Town Clerk's file.
SUPERVISOR COCHRAN: Ed, like I said I have known you a long time. Call my office tomorrow, and make
an appointment. ! think Mr. Forrester will be in. No. They have all had to go to school because each
municipality has adopted this Code, international Code, so they have over six weeks of schooling at different
times, and we will review this step by step, and point by point. Greg's input also, and see if we can reach some
kind of conclusion here. Anyone else like to address the Town Board?
ARNOLD BLAIR: Good evening. I am Arnold Blair. I live in Cutchogue. As you may recall I appeared at one
of the first meetings in January, and made a pitch for some additional tennis courts, and even volunteered to get
involved if ! could be of service to help in whatever way ! could. ! was asked to leave my phone number. ! am
still waiting for a phone call back.
SUPERVISOR COCHRAN: We don't have money yet for tennis courts.
ARNOLD BLAIR: I also let this thing ride for a while, but what prompted my rekindling of my enthusiasm for
this is that nice weather has appeared. ! went out to the tennis courts early in April. Midweek ! am playing
tennis, but all the courts are full. ! have been out to the courts about four or five times and every time ! am out
there the courts are full. This is midweek. The summer people aren't even out here yet, and ! am not talking
about just what ! would call serious tennis players. This is a fun sport for everybody. There are young families
out there, husbands and wives with their young children teaching them to play tennis. There are young
teenagers out there. The courts are full, and it is midweek in April you have people waiting for tennis courts.
Now, the Town has done an admirable job in providing for lots of recreation. There are some nice new ball
fields being built. ! think you have somewhat neglected the tennis players, and the tennis players range in age
from preteens to people in their seventies and eighties. You have a national ranked 70-year-old tennis player
here in town, John May, national ranked for his age group. In fact, ! just got the tennis magazine this week, and
there was his name listed in 70 plus, ranked fourth. The point is it a sport that really appeals to a broad range of
people, broad age group, and something that the Town could really use. Now, ! have taken it upon myself to
contact Jim McMahon. ! have picked up a copy of the plans for the Tasker Park expansion. ! think you are
calling it Peconic Park. ! had several discussions with him about my interests, and where the courts could
possibly go. During the week ! ran into John Romanelli, and expressed my interest to John, and he asked me
where would you like the courts to go? ! said, well, ! would like them to go where the existing courts but ! made
a few other suggestions. The point is ! have had a number of phone conversations with Jim McMahon, who has
been very kind and supportive, and made a number of suggestions, and he felt that the courts after looking it
over, and think about it, he felt that there would room for courts adjacent to the current courts, because he felt
4/26/01 21
that he could move the Little League baseball diamond over to the new Peconic Park. Now, that remains to be
seen, but something that he felt could be done. ! spoke to him this afternoon, and he also dug into his files, and
came up with some numbers. He said the current courts cost about $80,000 in total. That was the total turnkey
including the fencing, the nets and everything. It was his suggestion that this could come out of next year's
Community Development Block Grant. ! don't know anything about the Community Development Block
Grant, but it doesn't cost taxpayers' money. What a wonderful idea. So, ! am here to appeal to the Board to,
well, ! here to appeal to the Board to take this under serious consideration.
SUPERVISOR COCHRAN: We know we have a shortage of tennis courts. It took 350 years that Southold has
been settled, and we just finally got the first courts, and it hasn't long there. The Recreation Department, ! mean
it has taken all that time. When ! was first elected one of my goals was for the Town to acquire more and more
pieces of property because we have to also plan for the future. There isn't going to be any land for those tennis
courts, and other things, if we don't purchase it now. So, we are trying to use our money to get our parks, and
then we will put something each year in the way of development. Now, Community Development Funds, that is
not a part of our budget. That is part of the Community Development Budget, and when that time comes about
we would expect you to be here, and express how you think some of those funds should be used, and then the
Town Board votes on how those funds are designated.
ARNOLD BLAIR: I understand. Well, I will certainly be here, and I appreciate what you are saying, but it also
sounds to me if ! hear between the lines that, yes, you know you need tennis courts, but you also have a lot of
other priorities. Well, everyone is here to pitch their priorities, and ! am here to say, that ! guess ! am learning
that the squeaky wheel gets oiled.
SUPERVISOR COCHRAN: We can't use those funds for everything we would like to use it for.
ARNOLD BLAIR: Well, ! guess ! am putting the Town Board on notice that ! am going to start a little crusade
here. ! am going to round up tennis players to make some noise.
SUPERVISOR COCHRAN: You don't have to.
ARNOLD BLAIR: ! realize that we don't have to, but we will. The other thought, and ! am just going to lay it
on the table. ! don't expect any action now, but ! just want to plant the seed. In my discussions with Jim
McMahon he was also talking about the land that the County is supposed to acquire in Mattituck where the
Strawberry Festival is held, and it was his understanding that if and when that happens, and the Town does
provide for recreation on that land, that besides ball fields that there are also tennis courts possibly slotted for
that area, and he felt that if, gee, if we get Community Development Funds for Tasker Park courts we can use
funds out of Capital Budget for courts over there. ! don't expect an answer. ! am just telling you that this is
something ! think would appeal to a lot of people in town, and it is something that when the time is appropriate
! hope will be seriously considered. There is just one other thing ! would like to say, and ! will leave it about the
tennis courts. When ! appeared in January ! also asked a question about the Y, and ! got nice response that, gee,
! just discussed it that day, and Mr. Romanelli was going to be meeting Dave Kapell. ! happened to ask John
about it the other day when ! met, and apparently he feels it is sort of undoable because of what it costs. ! am
just here to say the Town needs something like that. ! am volunteering, again, my time, my energy, and my
effort.
SUPERVISOR COCHRAN: And your money.
ARNOLD BLAIR: My ability to perhaps raise money.
SUPERVISOR COCHRAN: That is all we need is money. We can do it all.
ARNOLD BLAIR: You know, all ! am saying is, tell me what you need. ! am willing to put time and effort to
work with Town. ! wouldn't say that anything is impossible. Lets set our minds to it, see what is needed, and if
it is possible. So, again, ! am volunteering. If you would like ! am happy to come in, and meet with whomever.
SUPERVISOR COCHRAN: We used to have a saying in Girl Scouts, that we someone on a committee, there
is three T's. Do you know what they are? The three T's are time, treasury, and talent, and you only need two of
the three, so you have the time and the talent.
ARNOLD BLAIR: ! think ! have two of three. Thank you.
SUPERVISOR COCHRAN: Thank you for coming in. Anyone else?
ANN PHILLIPS: My name is Ann Phillips from Cutchogue. Is okay if you talk about some of these
resolutions? Can ! bring that up here? The 347, the Ad Hoc Building Oversight, is that going to include the
4/26/01 22
Animal League, too?
SUPERVISOR COCHRAN: We are waiting for a designation from them now, and also this evening, Lorraine
gave me another gentleman that she felt could be helpful, so we will be able to add to the committee.
ANN PHILLIPS: Is that vet the one that is at the League now?
SUPERVISOR COCHRAN: Down here? Bill Zitek's? He bought Bill Zitek's. He is from there.
ANN PHILLIPS: Wouldn't it be better to use the vet that we have at the League already, or not?
SUPERVISOR COCHRAN: I thought you used Zitek.
ANN PHILLIPS: No. We need a vet that has built a new animal hospital, or someone who built shelters, and
this man here that I gave you a man from Riverhead has built fifteen animal hospitals. That is all I wanted to
know.
SUPERVISOR COCHRAN: I won't be a huge committee. It is going to be a fair, hard working committee.
ANN PHILLIPS: Is there going to be anybody that is from the Town that is going to be able to do this?
SUPERVISOR COCHRAN: Mr. Romanelli and Mr. Richter, the Town Engineer.
ANN PHILLIPS: And nobody like the general public?
SUPERVISOR COCHRAN: No. That was the last committee. We are ready to go.
ANN PHILLIPS: Could you just explain to me why the Animal League was asked so late at the time of press
conference?
SUPERVISOR COCHRAN: Every one was notified at the same time.
ANN PHILLIPS: I think Newsday was there. They had to know further, more than that.
SUPERVISOR COCHRAN: They weren't there.
ANN PHILLIPS: Newsday wasn't there? Somebody said they were there.
SUPERVISOR COCHRAN: No, because we were very unhappy with their article.
ANN PHILLIPS: Thank you.
SUPERVISOR COCHRAN: Anyone else?
CAROL GURLEY: I don't know if my topic is appropriate, and if it is not, please, tell me, and tell me how me
how to address it. Being that mentioned the Audubon Society and Inlet Pond I live adjacent to it, and since the
Audubon Society put the path in, I live in Eastern Shores, and we have deeded beach rights, and we pay taxes,
individually and as a group for the private beach, which has a private gate, and it is designated private beach.
Last summer, and being as it is getting warm finally we had the police there on numerous occasions since that
path was put in because the fairly new development to the west of Eastern Shores has been attempting to use
our beach, which they have not got a right to go into, and since the path went in they hooked up to it, and they
further put it through into our cul-de-sac, and they are using the Audubon path to circumvent the regulations
and the private beach. They are like that, and when the Police are called the Police are not attorneys. They are
policeman, and they are trying to keep the peace, but there will be no peace because no one is taking a stand,
and of course, the policeman didn't want to arrest the individuals for trespass.
SUPERVISOR COCHRAN: Just let me clarify this in my mind, because I have walked the path.
CAROL GURLEY: Okay, if you come in Moore's Lane, and come down to Sound Drive, and then you hang a
left and go west to the end, the cul-de-sac. Okay? It ends. That is it, and then there is a path that goes directly to
the Sound, and says, private beach Eastern Shores Association. There is massive confusion. There is a retired
policeman in the new development who had not only tried bully his way in past the beach guard that we are
paying for last year, he sent two police friends of his from New York City, and they gave her harassing,
4/26/01 23
because, you know, we are officers of the law, and blah, blah, blah. She says, you don't belong here, and
it has been ongoing back and forth, and ! am just afraid it is going to escalate this year, and ! do wish that the
Town would look into the circumstance, clarify it with the police, clarify it with us, so that this thing can be put
to rest, because everybody thinks they are right, which is usually what happens. ! know you have no knowledge
of this. ! have spoken to the Suffolk County Department of Parks.
COUNCILMAN RICHTER: ! live there. ! know exactly what you are talking about, because ! ended up putting
that path in many years ago. That path that you are talking about for the residents of Eastern Shores.
CAROL GURLEY: No, no, it is not path ! am talking about.
COUNCILMAN RICHTER: ! know what you are talking about, because ! live there.
CAROL GURLEY: The beach path. You are talking about the beach path.
COUNCILMAN RICHTER: You are talking about the other path that leads into that area, that Eastern Shores
path that goes down to the beach from the cul-de-sac area.
SUPERVISOR COCHRAN: You know what, let met tell you something. Tell me where you live.
CAROL GURLY ! live at 3500 Sound Drive, the last house on the end, 477-1050,
SUPERVISOR COCHRAN: Okay, Craig and ! will take a ride down there one morning soon. We do little field
trips like this every once in a while.
CAROL GURLY: That's nice. I will serve you tea and cookies.
SUPERVISOR COCHRAN: Do you have the coffee pot on? Okay. ! have to see it, so ! will go down with
Craig.
CAROL GURLY: If you tell me when you are coming ! will be out there and show you. When do you think this
might be? The only reason ! am asking is, 6:30 ! am out in the garden.
SUPERVISOR COCHRAN: ! am not going to do gardens at 6:30. ! will call you, and let you know.
CAROL GURLEY: Thank you for listening.
SUPERVISOR COCHRAN: Is there anyone else?
ARNOLD BLAIR: Is there public notice when the Board meets to discuss the Community Development Grant?
SUPERVISOR COCHRAN: ! will assign Bill to remember to contact you.
ARNOLD BLAIR: ! would appreciate that. Another thing, ! would like to be invited to the next meeting with
the Parks and Playgrounds Committee.
SUPERVISOR COCHRAN: Recreation Committee. Okay, maybe we will get you on there as a member. We
just met about two weeks ago, so it will probably be a little while. Right now we are busy getting beaches,
working with the Highway Department to get beaches opened, and mow Little League fields, and we are getting
lights up. There is a lot going on right now, so it might be a few weeks before. Your address and phone number
so we can notify you when the meeting is set. Give it to Betty. Anyone else? (No response.) If not, ! have to go
to the Rotary Chicken Dinner, and have dinner with my husband.
COUNCILMAN RICHTER: Just one thing, Jean. We had our first presentation of Town Hall today, and the
renovation expansion possibility. We had our first display. The first rendition we have is right over here. This is
one of the views we have, or elevations that we have, and what ! would like to do is if anybody has any interest
it will be on display for your comments, so please, get involved.
SUPERVISOR COCHRAN: ! have a motion to adjourn.
4/26/01 24
Moved by Councilman Moore, seconded by Supervisor Cochran, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 6:11 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Romanelli,
Elizabeth A. Neville
Southold Town Clerk