HomeMy WebLinkAboutTB-03/27/2001 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
MARCH 27, 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. For Discussion Item IV. 2 - Historic Preservation Local Laws - Councilman Moore explained
that what he is proposing is modeled after other Certified Local Government Laws in the state with a couple of
new wrinkles added. One of which is to leave the decision to participate up to the local community. A town
wide Historic Preservation Committee would make recommendations for designations, but it would not actually
do the designation. The creation of a more local review board made up of people from that area would also have
to recommend it. If you don't have sufficient interest in a community to create that local review board, then
you don't have the interest to create such a district either. Orient has already expressed a great interest and they
have made it known. This is a great way to make sure that if the committee doesn't really have the interest,
then it would not get done. Only the people in that generalized hamlet area can make it happen. By accepting
membership on this committee, they agree to accept whatever training the Town Board dictates. The true test of
this law will be when someone comes in and says "I can't do this", and the committee says "O.K. Only the
streetscape is affected, not the interior. Something that is not in the state law that was added is the "default
approval process" if a decision is not made within 21 days, it is automatically deemed approved. Supervisor
Cochran said that we know that Orient wants this and you can pretty much ride through and see what would be
proposed there. Ms. Cochran asked if it has to be a certain area or number of houses, what would qualify as a
district? area wise, size wise? Councilman Moore replied that individual houses can be designated. The
properties have to meet the criteria for landmark designations. Councilman Romanelli complimented
Councilman Moore on a very good job. He said that it addresses all of the issues and fears from when it first
started. Supervisor Cochran agreed and said that there were a few at the beginning. Councilman Moore also
presented a local law for tax abatements on Historic Preservation Districts to go along with the first local law.
Also, the current Chapter 56 Landmark Preservation Law will need to be repealed by local law. The Town
Board directed that these laws be sent to the Suffolk County Planning Commission and the Southold Town
Planning Board for recommendations comments and set date and times for public hearings. (See Resolution No
.'s 292, 293, 294, & 295.)
9:32 a.m. For Discussion Item No. 1 - Bulkhead on West Road, Cutchogue. Letter received from Proper-T
Permit Services representing Cutchogue Harbor Marina with regard to replacing the failing bulkhead at the
western end of West Road in Cutchogue, at their expense provided they then be permitted to install a floating
dock beside the new bulkhead for the use of the marina customers. Highway Superintendent Raymond Jacobs
was contacted because it is a road end and it is under his jurisdiction. However, Mr. Jacobs was not in today, so
it will be held until the next meeting for more information. Supervisor Cochran said that it is a road end and it
is the town's responsibility, and as a road end we want to give access to the general public to town waterways as
much as possible. Supervisor Cochran asked all of the Town Board members to go down and take a look at this
site. Goldsmith's Inlet was mentioned, Supervisor Cochran asked if everyone had an opportunity to go down
and take a look at it. A whole new beach has been built up there, they have never seen such a drastic change in
such a short period of time.
IV. 3. Municipal Animal Shelter - Bradley & Associates report on the animal shelter from February 1st.
Councilman Romanelli said that everything that he talked about in his report has already been addressed by the
Town in their renovation plan. The only one item that has not is the center floor drain. Councilman Romanelli
took exception to Mr. Bradley's statement that the process was cut short. They did everything that they could
do. The only thing left to do is the floor plan layout for the ease of operation. Councilman Romanelli stated
that in his opinion he doesn't think it would be fiscally responsible for the Town to build a dog pound with all
town money. Supervisor Cochran stated that at this point she thinks a construction type committee should be
3/27/01 2
appointed. Councilman Romanelli stated that the Town Board did a good process and received a lot of
input. He now plans to sit down with one person from the League to work out the floor plan. Town Attorney
Yakaboski said that he also looked at all the state laws and talked to all the neighboring towns and kennels.
There is no one else to talk to on the subject. Councilman Romanelli said that they want to make sure that no
adoptable dogs are euthanasized, so they want to make it a little larger. He is of the opinion that they did a good
job and have it all covered.
9:51 a.m. The Town Board reviewed Resolutions no.'s 265 through 291 to be voted upon at the 4:30 p.m.
meeting. Resolution no. 276 was held for Executive Session.
10:32 a.m. the Town Board recessed for a short break.
10:51 a.m. Councilman Craig Richter advised of a letter of complaint from the Greenport Merchants
regarding the $20.00 price of non-resident daily beach parking permits.
On motion by Justice Louisa P. Evans, seconded by Councilman Craig A. Richter, it was
RESOLVED that the Town Board of the Town of Southold enter into Executive Session at 11:05 a.m. for
the purpose of discussing personnel, contracts, litigation, and acquisition of property.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
Resolution No. 299 was added as a result of discussion on acquisition of property.
On motion by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 1:06
p.m.
Vote of the Town Board; Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman
Moore, Justice Evans, Supervisor Cochran.
The Executive Session and Work Session ended at 1:06 a.m.
3/27/01 3
REGULAR MEETING
MARCH 27, 2001
4:30 P.M.
A Regular Meeting of the Southold Town Board was held on March 27, 2001, at the Southold Town
Hall, Southold, New York. Supervisor Cochran opened the meeting at 7:00 P.M. with the Pledge of
Allegiance led by Town Clerk Neville.
Present:
Absent:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Councilman William D. Moore
SUPERVISOR COCHRAN: May I have a motion to approve the minutes of January 30, 20017
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the minutes of the January 30, 2001,Town Board meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: And a motion to approve the minutes of February 27, 2001 meeting?
Moved by Councilman Richter, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the February 27, 2001,Town Board meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: And an approval of the minutes of March 13, 2001 meeting?
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the minutes of the March 13, 2001,Town Board meeting be and hereby are approved.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: May I have approval of the bills of March 27, 20017
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills in the amount
of $345,873.23; General Fund Part Town bills in the amount of $2,778.63; Highway Fund Whole Town bills in
the amount of $4,089.53; Highway Fund Part Town bills in the amount of $18,581.81; Capital Projects Account
bills in the amount of $168.00; Landfill Cap and Closure bills in the amount of $3,175.75; Open Space Capital
Fund bills in the amount of $1,500.00; Community Preservation Fund (2% Tax) bills in the amount of
$230,936.00; Fishers Island Ferry District bills in the amount of $61,292.03; Refuse and Garbage District bills
in the amount of $64,382.06; Southold Wastewater District bills in the amount of $959.68; Fishers Island Sewer
District bills in the amount of $637.98; Southold Agency and Trust bills in the amount of $12,094.35; Fishers
Island Agency and Trust bills in the amount of $162.74.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: To set the next Regular Town Board meeting please not, Thursday, April 26,
2001, at 4:30 P.M.
3/27/01 4
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the next regular meeting of the Southold Town Board will be held at 4:30 P.M., Thursday,
April 26, 2001, at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: If you will please note we said Thursday the 26th. The meeting was scheduled for
the 10th is being completely cancelled. It is the week the children are out of school, and many of our people
have family vacations, and so on, and so forth. Every once in awhile I get a nice little pleasure of something to
do, and we are very happy with this one. I had a special campaign in relation to the beautification of Southold
Town, and the planting of daffodils, and trying to keep things clean and neat and tidy, and pick up litter, and so
on and so forth. This is Tracy Sutton, Tiffany Senior, Jarett Senior, Willow Sutton, Walker Sutton and Hannah
Sutton. Do you want to come up here and join me? I bet you are wondering how we found out about you. Come
and tell me all about it. Come on so you can go home and watch yourself on TV. Come on over here by me.
Say, he friends and neighbors. We had one morning one of our Building Inspectors, John Boufis, told me of an
act of Community Pride he witnessed on February 20th. On that day while returning to Town Hall at the end of
the day, he observed two women and young boy picking up litter in the vacant lot on the southeast corner of
Hortons and Rt. 48. He was so impressed he stopped to ask one of the women what they were doing. She stated
that she had observed the litter over the weekend and she had to do something about it. At that point in time
they had collected so many black garbage that the SUV that they were driving was completely full. They
returned the following day to complete the task. John asked the woman for her name, and she identified herself
as Tracy Sutton of Hortons Lane. I thought this act of Community Pride should be brought to your attention. So,
we thanked John for bringing it to our attention, and we think it is wonderful. You know this is what makes
Southold. People go, and clean up the garbage, even though it is not theirs. You are wonderful, and the Town
Board would like to present you with this Certificate of Appreciation. It has all your names on it, and it says,
thank you for caring. The Town Board thanks you for your unselfish efforts in making Southold a more
beautiful community. This is the Town Board up here. Have you met our Town Board? This is Mrs. Neville.
She is our Town Clerk, and on the end we have our Town Attorney. He is our lawyer, and over here we have a
Councilman. He helps make the decisions. Then over here we have Louisa Evans. She is both a Town Board
member, and a Judge. Then we have Mr. Romanelli. He is a Councilperson, and Mr. Richter. Thank you very
much for coming in. Thank you very much.
I. REPORTS.
SUPERVISOR COCHRAN: As you know the Town Board receives reports from both their committees, and the
appointed boards. We get reports from the Town Clerk's office on everything from beach stickers to marriage
licenses, and these are all places on report with the Town Board with the Town Clerk. They are public
information, so they are available. Feel free to go and see Mrs. Neville, and she will be very happy to help you.
1. Southold Town Trustees Monthly Report for February 2001.
2. Personnel Leave Time Summary Report for February 2001.
3. APA Partners Claims Experience for February 2001.
4. Southold Town Budget Report for month ending December 31, 2000.
5. Southold Town Budget Report for month ending January 31, 2001.
6. Southold Town Budget Report for month ending February 2001.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: We have one public notice, which is from the US Army Corp of Army Engineers.
It is an application to dredge ten-year maintenance in James Creek. Written comments by the 19th of April.
U.S. Army Corps of Engineers, New York District, Application of Salt Lake Association, Inc. to
dredge with ten years maintenance and beach nourishment in James Creek, Great Peconic Bay,
Mattituck. Written comments by April 19, 2001.
III. COMMUNICATIONS.
SUPERVISOR COCCHRAN: We received a letter from Henry Burmerster, U.S. Postal Service in
relation to East Marion. The post office, as you know, they are going to be doing some changes down
there, and it would be moved out of the building it is in. The fire department bought the building, so we
thought we were going in a pretty good direction. That particular post office is the only one that is a
memorial museum. It is dedicated to I believe the World War II veterans. But they have cut down on
expenses and building. Riverhead, they have taken away all the funding for the five east end towns. We
say how come just our post offices, so I did talk with Mr. Grucci, and explained to him that East Marion
in our town is the only one that is affected. It is a memorial post office, and there aren't any in the United
States, and that it certainly should be given a little special attention, so we will see what happens with
3/27/01 5
that. Also, we had a letter from Lieutenant Governor Mary O. Donohue in relation to visit to
the Association of Towns, and getting chat with her a little bit, also, a letter from Bill Davidson of LIPA
in relation to the substation drill schedule. They usually do drills in their substation, and the first year I
was elected I went down, and they are the same every year, so I didn't go down this year. It is interesting.
They do drills and testing on all their equipment.
1. Henry Burmerster, US Postal Service in regard to the East Marion Post Office.
2. Lt. Governor Mary O. Donohue in appreciation of visit at Association of Town Meeting.
3. Bill Davidson, LIPA, in regard to 2001 Substation Drill Schedule.
IV. PUBLIC HEARINGS.
1. 5:00 P.M. on a proposed "Local Law in relation to Site Plan Fees, Chapter 100, Article XXV, Zoning
Code, Site Plan Approval, of the Code of the Town of Southold".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: Before we go into the resolutions you know we have a Town Board policy,
that if anyone would like to address the Town Board in relation to the passing of any of the resolutions
we would be very happy to take your comments. There will also be a time period at the end of the
meeting, where you may address the Board, or share with us anything you would like to in relation to any
Town business other than what is on the agenda. So, at this time is there anyone who would like to
address or talk to the Town Board in relation to any of the printed resolutions as you have them on your
agenda. Would anyone like to address the Town Board? (No response.) If not, we will start with 265.
#265
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Cochran to execute
an amendment to the Town of Southold Agricultural & Farmland Implementation Grant, Contract number
C800510, all in accordance with the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#266
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Cochran to execute
an amendment to the Town of Southold Agricultural & Farmland Implementation Grant, Contract number
C800504, all in accordance with the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#267
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W.
Cochran to sign an agreement between the Town of Southold and the County of Suffolk which will permit the
transfer of title for capital equipment, to the Town of Southold, as part of the Federal Transit Administration
Grant for purchase of three (3) buses for the transportation of senior citizens and people with disabilities,
subject to the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We think these buses are going to be delivered tomorrow morning. It has
been almost three years we have been waiting for these buses from the Federal government.
Southampton and a couple of other town got theirs today, so we are hoping ours will be tomorrow.
#268
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby reinstates Georgia Rudder to the full-
time position of Senior Clerk-Typist at salary of $34,581.09 per annum plus appropriate longevity, effective
February 28, 2001; and be it
FURTHER RESOLVED that the Town Board of the Town of Southold hereby provisionally appoints
Georgia Rudder to the full-time position of Buildin~ Permits Coordinator at a salary of $41,183.77 per
annum plus appropriate longevity, effective March 9, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
3/27/01
This resolution was duly ADOPTED.
6
#269
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise
for the Sale of the following Used Vehicles:
Asset # Description VIN #/
2253 1997 Oldsmobile Achieve, Unit B5 1G3NL52T1VM333034
2029 1994 Chevrolet Caprise, Unit 845 1G1BL52P9RR186484
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#27O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby establishes the 2001 Employee Health
Plan budget as follows:
Interest & Earnings
Retiree, Cobra Contributions
Interfund Transfers
TO:
Revenues:
MS.2401.00
MS.2709.00
MS. 5031.00
Appropriations:
MS.1910.4.000.000 Insurance, C.E.
MS.1989.4.000.000 Medicare Reimbursement
MS.8686.4.000.000 Administration, C.E.
MS.9060.8.000.000 Medical Benefits
Vote of the Town Board: Ayes: Councilman
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
$ 20,000.00
79,900.00
1,710,100.00
$ 55,000.00
60,000.00
45,000.00
1,650,000.00
Richter, Councilman Murphy,
Councilman Romanelli, Justice
#271
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes volunteer George Harwood to
drive a Town of Southold motor vehicle as needed by the Human Resource Center.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#272
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jamie Richter~
Town Engineer~ to attend two (2) computer workshops on AutoCAD, April 2 - 4, 2001 and Architectural
Desktop, April 23 - 25, 2001, at Eberhard System, Inc., 129 Oser Avenue, Hauppauge and necessary
registration, travel and meal expenses shall be a charge to the 2001 Data Processing Training budget line.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#273
Moved by
Councilman Romanelli, seconded by Justice Evans,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED MARCH 27, 2001, AUTHORIZING THE
ACQUISITION AND INSTALLATION OF A COMPUTER
SYSTEM NETWORK, INCLUDING HARDWARE, SOFTWARE
AND APPURTENANT EQUIPMENT, MACHINERY, APPARATUS
AND FURNISHINGS, IN THE TOWN CLERK'S OFFICE AT THE
MAXIMUM COST OF $184,000 AND THE TAX
RECEIVER'S OFFICE AT THE ESTIMATED MAXIMUM COST
OF $38,000; STATING THE ESTIMATED TOTAL COST
THEREOF, INCLUDING PRELIMINARY COSTS AND
THERETO IN THE AMOUNT OF $8,000, IS
$230,000; APPROPRIATING SAID AMOUNT THEREFOR
THE ISSUANCE OF $230,000 SERIAL BONDS
OF SAID TOWN TO FINANCE THE SAID APPROPRIATION.
ESTIMATED
COSTS INCIDENTAL
AND AUTHORIZING
3/27/01 7
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of
said Town Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is
hereby authorized to acquire and install in the Town Clerk's Office, at the estimated maximum cost of
$184,000 and in the Town Tax Receiver's Office, at the estimated maximum cost of $38,000, respectively,
a computer system network, including, but not limited to personal computers, software, equipment,
machinery, apparatus and furnishings required for the purposes for which each network is to be used, in
order to provide for more efficient operations of each of the said Town Offices. The estimated total cost
thereof, including preliminary costs and costs incidental thereto and to the financing thereof in the
amount of $8,000, is $230,000 and the said amount is hereby appropriated therefor. The plan of financing
includes the issuance of $230,000 serial bonds of the Town to finance the said appropriation, and the levy
and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and
the interest thereon as the same shall become due and payable.
Section 2. Serial bonds of the Town in the principal amount of $230,000 are hereby authorized to be
issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws
of the State of New York (herein called "Law"), to finance the said appropriation.
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness applicable to each item of the specific object or purpose described
in Section 1 hereof for which said serial bonds authorized pursuant to this resolution are to be issued, within the
limitations of Section 11.00 a. 32. of the Law, is five (5) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of
said bonds may be applied to reimburse the Town for expenditures made after the effective date of this
resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to
reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury
Department.
(c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in
anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the
Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town,
payable as to both principal and interest by general tax upon all the taxable real property within the Town
without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale
of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the
amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b)
the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of
Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual
debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section
50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing
bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the
bonds herein authorized, and any bonds heretofore or hereafter authorized, and of any bond anticipation notes
issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to
the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation
of the sale of said bonds may be contested only if:
(a) such obligations are authorized for an object or purpose for which the Town
is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of
such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized
and directed to publish a summary of this bond resolution, together with a Notice attached in substantially the
form prescribed by Section 81.00 of the Law in "THE SUFFOLK TIMES, "a newspaper published in
Mattituck, New York, having a general circulation in the Town and hereby designated the official newspaper of
said Town for such publication.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#274
Moved by Justice Evans, seconded by Councilman Murphy,
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District recommends an increase in the
salary of Kenneth Ricker, who is employed by the Fishers Island Ferry District as Chief Purser, and will
complete ten (10) years service on April 3, 2001, and will be entitled to a longevity increase in salary in the
amount of 4% now therefore, be it
3/27/01 8
RESOLVED that the Town Board of the Town of Southold hereby grants Kenneth Ricker~ Chief
Purser~ Fishers Island Ferry District~ a 4% salary increase effective with the payroll period commencing
April 12, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#275
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Board of
Commissioners of the Fishers Island Ferry District to accept the bid and enter into a contract with the
Thames Shipyard and Repair Company, New London, Connecticut, for the drydocking of the M/V
Racepoint and repairs as found necessary or required by cognizant authority after the vessel is on
drydock.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#276
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Fishers Island
Ferry District accept the proposal and enter into a contract with the Frank E. Downs Construction Co,
Inc. for the services of a Construction Manager for the pre-construction phase of the Fishers Island Ferry
District New London Terminal expansion proiect, at a cost of $72,560.00.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#277
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Cochran to
execute a lease agreement with the Clinton Memorial A.M.E. Zion Church of Greenport, for the use of
their premises for a supplemental nutrition program by the Southold Town Human Resources~ Nutrition
Program~ for a term of one (1) year, all in accordance with the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#278
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York on the 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", now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day of April~ 2001~
at 5:00 p.m., at which time all interested persons will be given an opportunity to be heard.
This proposed "Local Law in Relation to Adding Stop Signs at Miller Road and Jackson's Landing
Road, Mattituck, New York, which reads as follows:
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 Murphy, Councilman Romanelli, Justice
3/27/01
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
9
#279
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to North Bayview
Associates in the amount of $12~000.00 for overpayment on park and playground fee for maior
subdivisiom as park and playground fees for this subdivision had already been paid in the amount of $8,000.00
on February 22, 2001 prior to the adoption of Local Law on February 27, 2001 which increased the fees.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#28O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Cochran
to execute an agreement entitled "Agricultural and Farmland Protection Grant" contract number
C800531 with the Department of Agriculture all in accordance with the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#281
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby permanently appoints Craig Turner to
the full-time position of Planner in the Southold Town Planning Department~ effective March 9, 2001, at his
current salary of $35,135.46.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#282
Moved by Councilman Romanelli, 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 bids for the sale of the following surplus computer equipment: AT & T System 25 Phone System Asset 1231
Various cell phones (possibly assets 658,1278, 657, 1974, 1149)
IBM 3197 Display Stations Assets 3, 10, 14, 16, 457, 462, 36, 1145, 1146, 5, 7, 464, 4, 9, 42,
460, 1143, 1144, 1260, 1264, 1810, 34, 15, 17, 35, 40, 463, 1752, 1753
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#283
Moved by Councilman Richter, seconded by Justice Evans,
WHEREAS Terry Contracting and Materials, Inc. has been given formal notice of award for the Landfill
Closure Construction Contract; and
WHEREAS, after review by the Solid Waste Coordinator, the Town Attorney, and Dvirka and Bartilucci, it has
been determined that Terry Contracting and Materials, Inc. has met submittal requirements satisfactorily; now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Cochran
to execute through her signature the landfill cap construction contract with Terry Contracting and
Materials~ Inc~ and to issue to Terry Contracting the formal "Notice to Proceed" with construction
activities.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#284
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the positions of
Recreation Specialist and Maintenance Mechanic I, and establishes the following part-time salary scale for
each position:
1/1/01 Rate 1/1/02 Rate
Recreation Specialist $12.09 $12.86
Maintenance Mechanic ! $12.00 $12.67
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
3/27/01
This resolution was duly ADOPTED.
10
#285
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Cochran to execute
an agreement with Nelsom Pope & Voorhis for the completion of environmental site assessment for the
McBride property adiacent to the landfill, identified by Suffolk County Tax Map #1000-096-1-2, all in
accordance with the submitted proposal and Town Attorney approval.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#286
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby promotes Melanie Doroski to the position
of full-time Account Clerk-Typist in the Southold Town Attorney's Office at a salary of $36,142.60 per year,
effective March 27, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#287
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of
Robert Eves from his position as van driver for the Southold Town Nutrition Program at the Human
Resource Center, effective March 30, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#288
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Southold Town Clerk
Elizabeth A. Neville to advertise for the position of part-time Mini-Van Driver at the Human Resource
Center, at $8.88 per hour for 17 lA hours per week or less.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#289
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town
2001 budget as follows:
TO:
Revenues:
Suffolk County Aging Grants
A.2750.60 Other Aging Grants $18,437.00
TO:
Appropriations
Program for the Aging
A.6772.2.300.100 Vans $16,237.00
A.6772.2.500.300 Storage Equipment 2,200.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#29O
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Solid Waste District
budget as follows:
TO:
SR 8160.4.100.610
SR. 8160.4.100.500
SR. 8160.4.450.200
FROM:
SR. 8160.4.600.800
SR. 8160.4.100.590
SR. 8160.4.450.100
Maint/Supply Forklift
Motor Vehicle Glass
Advertising
$ 2,494.70
$ 250.00
$ 2,000.00
Petty Cash
Maint/Mack Tractor
Newsletter Publication
$ 2,494.70
$ 250.00
$ 2,000.00
3/27/01 11
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Justice
#291
Moved by Councilman Richter, seconded by Councilman Romanelli,
WHEREAS the Purple Heart Medal is the oldest military decoration in the world in present use and the first
military decoration made available to the common soldier; and
WHEREAS it has been awarded to approximately 1.8 million American veterans and stands as a highly
recognized and respected tribute to the courage of American military men and women during times of war; and
WHEREAS there is a campaign underway requesting that the United States Postal Service issue a
commemorative postage stamp honoring our nation's prestigious military decoration, the Purple Heart Medal;
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby strongly supports the issuance of an official
United States Purple Heart Medal commemorative postage stamp as a tribute to all of the brave men and women
who have sacrificed so much for our nation.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: #292, Greg has some input before we pass on it.
TOWN ATTORNEY YAKABOSKI: It is just that we rather than have a resolution tonight that this resolutions
be amended a public hearing will be set at the next Town Board meeting to repeal this particular chapter of the
Code. It needs to be a Local Law, not resolution, so you have to do it by Local Law process, so rather than
amend this to read setting a public hearing on the Local Law to amend and delete from the Code this particular
chapter. Then that hearing can be held at the next Town Board meeting, which is April 26th. It is a Local Law,
so it has to be changed by Local Law and not by resolution.
SUPERVISOR COCHRAN: So, you don't want to take any action on this resolution. It is held. Set a resolution
to do a pubic hearing for the law.
#292
Moved by Justice Evans, seconded by Councilman Romanelli,
NOTICE IS HEREBY GIVEN that 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 TO
AMEND the Code of the Town of Southold, Chapter 56, thereof entitled Landmark Preservation, by deleting
and repealing § 56." and,
NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public
hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and
hereby sets 7:30 p.m. Tuesda¥~ May 8~ 2001~ as the time and place for a public hearing at which time all
interested persons will be heard.
The proposed "A LOCAL LAW TO AMEND the Code of the Town of Southold, Chapter 56, thereof entitled
Landmark Preservation, by deleting and repealing § 56." which includes the following:
LOCAL LAW NO. 2001
A LOCAL LAW TO AMEND the Code of the Town of Southold, Chapter 56, thereof entitled Landmark
Preservation, by deleting and repealing § 56.
BE IT ENACTED by Town Board of the Town of Southold as follows:
Section 1.
The Code of the Town of Southold is hereby amended by deleting and repealing §56- to §56- .
Section 2. Effective Date.
This local law shall become effective
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#293
Moved by Councilman Romanelli, seconded by Justice Evans,
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 in relation to the establishment of Chapter 56,
"Historic Preservation Law in the Town of Southold" of the Town Code of the Town of Southold, now,
therefore, be it
RESOLVED that this Local Law be referred to the Southold Town Planning Department and the
Suffolk County Planning Commission for recommendations and reports, all in accordance with the Southold
Town Code and the Suffolk County Charter.
The proposed "A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold" which
includes the following:
LOCAL LAW NO. -2001
3/27/01 12
A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 56 of the Code of the Town of Southold, designated Landmark Preservation and originally adopted by
the Town Board of the Town of Southold on January 18, 1983, as Local Law 1 of 1983, is hereby repealed in its
entirety and the following Historic Preservation Law, to be known as Chapter 56 of the Code of the Town of
Southold, be and hereby is enacted in its place and stead:
Section 56-1 Short Title
This chapter shall be known and may be cited as the "Historic Preservation Law of Southold
Town".
Section 56-2 Purpose
The Town Board hereby declares as a matter of public policy that the protection, enhancement, and perpetuation
of landmarks and historic districts is necessary to promote the economic, cultural, educational, and general
welfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as Southold
Town has many significant historic, architectural, and cultural resources which constitute its heritage, this act is
intended to:
(a) protect and enhance the landmarks and historic districts which represent distinctive elements of
Southold's historic, architectural, and cultural heritage;
(b) foster civic pride in the accomplishments of the past;
(c) protect and enhance Southold's attractiveness to visitors and the support and stimulus to the
economy hereby provided; and
(d) insure the harmonious, orderly, and efficient growth and development of the town.
Section 56-3 Historic Preservation Commission
There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission.
(a) The commission shall consist of 7 members to be appointed, to the extent available in the
community, by the Town Board as follows:
At least one shall be an architect experienced in working with historic buildings;
At least one shall be a resident of an historic district
At least one shall have demonstrated significant interest in and commitment to the field of historic
preservation evidenced by either involvement in a local historic preservation group, employment or
voluntary activity in the field of historic preservation, or other serious interest in the field; and
All members shall have a known interest in historic preservation and architectural development
within the Town of Southold.
(b) Commission members shall serve for a term of four years, with the exception of the initial term of
one of the members, which shall be for one year, two, which shall be for two years, and two, which
shall be for three years. (see attached schedule A)
(c) The chair and the vice chair of the commission shall be elected by and from among the members of
the commission.
(d) The powers of the commission shall include:
(i) employment of staff and professional consultants as necessary to carry out the duties of
the commission;
(ii) promulgation of rules and regulations as necessary for the conduct of its business
(iii) adoption of criteria for the delineation of historic district
(iv) conduct of surveys of significant historic, architectural, and cultural landmarks and
historic district within the town;
(v) designation recommendations of identified structures or resources as historic districts and
landmarks;
(vi) acceptance on behalf of the town government of the donation of faCade easements and
development rights, and the making of recommendations to the town government
concerning the acquisition of faCade easements or other interests of real property as
necessary to carry out the purposes of this act;
(vii) increasing public awareness of the value of historic, cultural, and architectural
preservation by developing and participating in public education programs; making
recommendations to town government concerning the utilization of state, federal or
private funds to promote the preservation of landmarks and historic districts within the
town;
(viii) recommending acquisition of a landmark structure by the town government where its
preservation is essential to the purposes of this act and where private preservation is not
feasible; and
(ix) approval or disapproval of applications for certificates of appropriateness pursuant to this
act.
(e) The commission shall meet at least monthly, but meeting may be held at any time on the written
request of any two of the commission members or on the call of the chair or the supervisor.
(f) A quorum for the transaction of business shall consist of 4 of the commission's members, but not
less than a majority of the full authorized membership may grant or deny a certificate of
appropriateness.
(g) All members shall attend and complete relevant training programs as the Town Board
may require.
3/27/01 13
Section 56-4 Historic District Review Board
The Town Board, upon the recommendation of the commission, shall establish a review board for each
approved historic district.
The review board shall consist of 3 members to be appointed, to the extent available in the community, from a
list provided by local historic district preservation organization.
(a) Review Board members shall serve for a term of four years, with the exception of the initial term of
one of the members which shall be for two years. (see attached schedule B)
(b) The duties of the review board shall include:
(i) adoption of criteria for appropriateness for all landmarks and structures within the local
historic district;
(ii) making recommendations to the Historic Preservation Commission concerning the
utilization of state, federal or private funds to promote the preservation of landmarks and
structures within the local historic district;
(iii) recommending acquisition of a landmark structure by the town government where its
preservation is essential to the purposes of this act and where private preservation is not
feasible; and
(iv) recommending approval or disapproval of applications for certificates of appropriateness
pursuant to this act.
Section 56-5 Designation of Historic Districts or Landmarks
(a) The commission may recommend a group of properties as a historic district to the Town Board for
designation if the group:
(i) contains properties which meet one or more of the criteria for designation as a landmark;
and
(ii) by reason of possessing such qualities, constitutes a distinct section of the town.
(b) The commission may recommend to the Town Board the designation of an individual property as a
landmark if it:
(i) possesses special characteristics or historic or aesthetic interest or value as
part of the cultural, political, economic, or social history of the locality, region, state, or
nation; or
(ii) is identified with historic personages; or
(iii) embodies the distinguishing characteristics of an architectural style; or
(iv) is the work of a designer whose work has significantly influenced an age; or
(v) because of its unique location or singular physical characteristic, represents an
established and familiar visual feature of the neighborhood.
(c) The commission may recommend to the Town Board the recognition of a historic district that has
been so designated by the state or federal government.
The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in
writing, in the town clerk's office for public inspection.
(d) Notice of a proposed designation shall be sent by registered mail to the owner of the property
proposed for designation, describing the property and announcing a public hearing by the commission
to consider the designation. Notice of a proposed designation shall also be by publication at least once in
a newspaper of general circulation at least 14 days prior to the date of the public hearing. Once the
commission has issued notice of a proposed designation, no building permits for construction or
demolition shall be issued by the building inspector until the Town Board has made its decision.
(e) The commission shall hold a public hearing prior to designation of any landmark or historic district.
The commission, owners, and any interested parties may present testimony or documentary evidence at
the hearing which will become part of a record regarding the historic, architectural, or cultural
importance of the proposed landmark or historic district. The record may also contain staff reports,
public comments, or other evidence offered outside of the hearing.
(f) The commission shall forward notice of each property designation as a landmark and the boundaries
of each designated historic district to the office of the Southold Town Clerk for recordation.
Section 56-6 Certificate of Appropriateness for Alteration, Demolition or New Construction Affecting
Historic Districts or Landmarks
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or
moving of a landmark or property which faces a public right of way within a historic district, nor shall any
person make any material change in the appearance of such property without first obtaining a certificate of
appropriateness from the historic preservation commission.
(a) In the specific case where the property or landmark is located on the waterfront, the watershed is
considered a public right of way and the aspect of the property or landmark visible from the
watershed is subject to the aforementioned requirement.
(b) In the specific case where the property or landmark is located on a corner, all aspects of the property
or landmark visible from the public right of way are subject to the aforementioned requirement to
obtain a certificate of appropriateness before carrying out any exterior alteration, restoration,
reconstruction, demolition, new construction, or moving of the landmark or property.
Section 56-7 Criteria for Approval of a Certificate of Appropriateness
(a) In passing upon an application for a certificate of appropriateness, the historic preservation commission
shall not consider changes to interior spaces, unless they are open to the public. The commission's decision
shall be based on the following principles:
3/27/01 14
(i) properties which contribute to the character if the historic district shall be
retained, with their historic features altered as little as possible.
(ii) Any alteration of existing properties shall be compatible with its historical character, as well
as with the surrounding district; and
(iii) New construction shall be compatible with the district in which it is located.
(b) In applying the principle of compatibility, the commission shall consider the following factors:
(i) the general design, character, and appropriateness to the property of the proposed alteration or
new construction;
(ii) the scale or proposed alteration or new construction in relation to the property itself, surrounding
properties, and the neighborhood;
(iii) materials and their relation to similar features of other properties in the neighborhood;
(iv) visual compatibility with surrounding properties, including proportion of the property's front
facade, proportion and arrangement of windows and other openings with the facade, roof shape,
and the rhythm of spacing of properties on streets, including setbacks; and
(v) the importance of historic, architectural, or other features to the significance of the property.
Section 56-8 Certificate of Appropriateness Application Procedure
(a) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an
application for such a certificate with the historic preservation commission. The application shall contain:
(i) name, address, and telephone number of applicant;
(ii) location of property and photographs of the property;
(iii) elevation drawings of proposed changes, if available,
(iv) perspective drawings, including relationship to adjacent properties, if available;
(v) samples of materials to be used;
(vi) where the proposal includes signs or lettering, a scale drawing showing the type
of lettering to be used, all dimensions and colors, a description of materials to be
used, method of illumination, and a plan showing the signs location on the
property; and
(vii) any other information, which the commission may deem necessary in order to
visualize the proposed work.
(b) No building permit for construction or demolition shall be issued for such proposed work until a certificate
of appropriateness has first been issued by the historic preservation commission. The certificate of
appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be
required by any other ordinance of the Town of Southold.
(c) The commission shall approve, deny, or approve the permit with modifications within 21 days from receipt
of the completed application. If there has been no notification of approval, denial or approval with
modifications, by the end of the 21st day, said permit shall be deemed approved. The commission may hold
a public hearing on the application at which an opportunity will be provided for proponents and opponents
of the application to present their views.
(d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail
and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the
reason for denying or modifying any application.
(e) Certificates of appropriateness shall be valid for 18 months, after which time the owner must reapply if
he/she still wishes to undertake work on the property.
Section 56-9 Demolition Hardship Criteria
(a) An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for
relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish
that:
(i)
(ii)
(iii)
the property is incapable if earning a reasonable return, regardless of whether the return represents
the most profitable return possible;
the property cannot be adapted for any other use, whether by the current owner or by a purchaser,
which would result in a reasonable return; and
efforts to find a purchaser interested in acquiring the property and preserving it have failed.
Section 56-10 Alteration Hardship Criteria
An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief
on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the
property in incapable of earning a profitable return, regardless of whether that return represents the most
profitable return possible.
Section 56-11 Hardship Application Procedure
(a) After receiving written notification from the commission of the denial of a certificate of appropriateness, an
applicant my commence the hardship process. No building permit or demolition permit shall be issued
unless the commission makes a finding that a hardship exists.
(b) The commission may hold a public hearing on the hardship application at which an opportunity will be
provided for proponents and opponents of the application to present their views.
(c) The applicant shall consult in good faith with the commission, local preservation groups, and interested
parties in a diligent effort to seek an alternative that will result in the preservation of the property.
(d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail
and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the
3/27/01 15
reasons for granting or denying the hardship application. If the application is granted, the
commission shall approve only such work as is necessary to alleviate the hardship.
Section 56-12 Enforcement
All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any
requirements included herein. It shall be the duty of the building code enforcement officer to periodically
inspect any such work to assure compliance. In the event work is found that is not being performed in
accordance with the certificate of appropriateness, or upon notification of such fact by the historic preservation
commission, the building code enforcement officer shall issue a stop work order and all work shall immediately
cease. No further work shall be undertaken on the project as long as a stop work order is in effect.
Section 56-13 Maintenance and Repair required
Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior
architectural feature of a landmark or property within a historic district which does not involve a change in
design, material, or outward appearance. No owner or person with an interest in real property designated as a
landmark or included within an historic district shall permit the property to fall into a serious state of disrepair
which would result in the deterioration of any exterior architecture; feature which would, in the judgment of the
historic preservation commission, produce a detrimental effect upon the character of the historic district as a
whole or the life and character of the property itself. Examples of such deterioration include:
(a) deterioration of exterior walls or other vertical supports;
(b) deterioration of roofs or other horizontal members;
(c) deterioration of exterior chimneys;
(d) deterioration or crumbling of exterior stucco or mortar;
(e) ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors;
and
(f') deterioration of any feature so as to create a hazardous condition which could lead to the claim that
demolition is necessary for the public safety.
Section 56-14 Violations
(a) Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the
violator shall be liable to a fine of not less than $250 nor more than $1000 for each day the violation
continues.
(b) Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious
state of disrepair in violation of this ordinance shall be required to restore the property and its site to its
appearance prior to the violation. Any action to enforce this subsection shall be brought by the town
attorney. This civil remedy shall be in addition to an not in lieu of any criminal prosecution and penalty.
Section 56-15 Appeals
Any person aggrieved by a designation decision by the Town Board or a decision of the historic preservation
commission relating to a hardship or a certificate of appropriateness may, within 45 days of the decision, file a
written application with the Town Board for review of the decision. Reviews shall be conducted and based on
the same record that was before the Town Board or commission and using the same criteria.
Attachment A
Historic Preservation Commission
7 Members, 4 year appointment, town wide.
Year New Members Old Members
1 7
2 1 6
3 2 4+1
4 2 2+1+2
5 2 1+2+2
6 1 2+2+2
7 Repeat
Attachment B
Historic District Review Board
3 Members, 4 year appointment, specific to historic district
Year New Members Old Members
1 3
2
3 1
4
5 2
6
7
3
2
2+1
1
1+2
Repeat
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#294
Moved by Councilman Romanelli, seconded by Justice Evans,
3/27/01 16
NOTICE IS HEREBY GIVEN that 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 to establish a Historic Preservation Law in the Town of Southold" and,
NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public
hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and
hereby sets 7:30 p.m, Tuesday~ May 8~ 2001~ as the time and place for a public hearing at which time all
interested persons will be heard.
The proposed "A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold" which
includes the following:
LOCAL LAW NO. -2001
A LOCAL LAW to establish a Historic Preservation Law in the Town of Southold
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 56 of the Code of the Town of Southold, designated Landmark Preservation and originally adopted by
the Town Board of the Town of Southold on January 18, 1983, as Local Law 1 of 1983, is hereby repealed in its
entirety and the following Historic Preservation Law, to be known as Chapter 56 of the Code of the Town of
Southold, be and hereby is enacted in its place and stead:
Section 56-1 Short Title
This chapter shall be known and may be cited as the "Historic Preservation Law of Southold
Town".
Section 56-2 Purpose
The Town Board hereby declares as a matter of public policy that the protection, enhancement, and perpetuation
of landmarks and historic districts is necessary to promote the economic, cultural, educational, and general
welfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as Southold
Town has many significant historic, architectural, and cultural resources which constitute its heritage, this act is
intended to:
(d) protect and enhance the landmarks and historic districts which represent distinctive elements of
Southold's historic, architectural, and cultural heritage;
(e) foster civic pride in the accomplishments of the past;
(f) protect and enhance Southold's attractiveness to visitors and the support and stimulus to the
economy hereby provided; and
(e) insure the harmonious, orderly, and efficient growth and development of the town.
Section 56-3 Historic Preservation Commission
There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission.
(h) The commission shall consist of 7 members to be appointed, to the extent available in the
community, by the Town Board as follows:
At least one shall be an architect experienced in working with historic buildings;
At least one shall be a resident of an historic district
At least one shall have demonstrated significant interest in and commitment to the field of historic
preservation evidenced by either involvement in a local historic preservation group, employment or
voluntary activity in the field of historic preservation, or other serious interest in the field; and
All members shall have a known interest in historic preservation and architectural development
within the Town of Southold.
(i) Commission members shall serve for a term of four years, with the exception of the initial term of
one of the members which shall be for one year, two which shall be for two years, and two which
shall be for three years. (see attached schedule A)
(j) The chair and the vice chair of the commission shall be elected by and from among the members of
the commission.
(k) The powers of the commission shall include:
(i) employment of staff and professional consultants as necessary to carry out the duties of
the commission;
(ii) promulgation of rules and regulations as necessary for the conduct of its business
(iii) adoption of criteria for the delineation of historic district
(iv) conduct of surveys of significant historic, architectural, and cultural landmarks and
historic district within the town;
(v) designation recommendations of identified structures or resources as historic districts and
landmarks;
(vi) acceptance on behalf of the town government of the donation of faCade easements and
development rights, and the making of recommendations to the town government
concerning the acquisition of faCade easements or other interests of real property as
necessary to carry out the purposes of this act;
(vii) increasing public awareness of the value of historic, cultural, and architectural
preservation by developing and participating in public education programs; making
recommendations to town government concerning the utilization of state, federal or
private funds to promote the preservation of landmarks and historic districts within the
town;
(viii) recommending acquisition of a landmark structure by the town government where its
preservation is essential to the purposes of this act and where private preservation is not
feasible; and
3/27/01 17
(ix) approval or disapproval of applications for certificates of
appropriateness pursuant to this act.
(1) The commission shall meet at least monthly, but meeting may be held at any time on the written
request of any two of the commission members or on the call of the chair or the supervisor.
(m)A quorum for the transaction of business shall consist of 4 of the commission's members, but not
less than a majority of the full authorized membership may grant or deny a certificate of
appropriateness.
(n) All members shall attend and complete relevant training programs as the Town Board
may require.
Section 56-4 Historic District Review Board
The Town Board, upon the recommendation of the commission, shall establish a review board for each
approved historic district.
The review board shall consist of 3 members to be appointed, to the extent available in the community, from a
list provided by local historic district preservation organization.
(c) Review Board members shall serve for a term of four years, with the exception of the initial term of
one of the members which shall be for two years. (see attached schedule B)
(d) The duties of the review board shall include:
(i) adoption of criteria for appropriateness for all landmarks and structures within the local
historic district;
(ii) making recommendations to the Historic Preservation Commission concerning the
utilization of state, federal or private funds to promote the preservation of landmarks and
structures within the local historic district;
(iii) recommending acquisition of a landmark structure by the town government where its
preservation is essential to the purposes of this act and where private preservation is not
feasible; and
(iv) recommending approval or disapproval of applications for certificates of appropriateness
pursuant to this act.
Section 56-5 Designation of Historic Districts or Landmarks
(c) The commission may recommend a group of properties as a historic district to the Town Board for
designation if the group:
(i) contains properties which meet one or more of the criteria for designation as a landmark;
and
(ii) by reason of possessing such qualities, constitutes a distinct section of the town.
(d) The commission may recommend to the Town Board the designation of an individual property as a
landmark if it:
(i) possesses special characteristics or historic or aesthetic interest or value as
part of the cultural, political, economic, or social history of the locality, region, state, or
nation; or
(ii) is identified with historic personages; or
(iii) embodies the distinguishing characteristics of an architectural style; or
(iv) is the work of a designer whose work has significantly influenced an age; or
(v) because of its unique location or singular physical characteristic, represents an
established and familiar visual feature of the neighborhood.
(c) The commission may recommend to the Town Board the recognition of a historic district that has
been so designated by the state or federal government.
The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in
writing, in the town clerk's office for public inspection.
(d) Notice of a proposed designation shall be sent by registered mail to the owner of the property
proposed for designation, describing the property and announcing a public hearing by the commission
to consider the designation. Notice of a proposed designation shall also be by publication at least once in
a newspaper of general circulation at least 14 days prior to the date of the public hearing. Once the
commission has issued notice of a proposed designation, no building permits for construction or
demolition shall be issued by the building inspector until the Town Board has made its decision.
(e) The commission shall hold a public hearing prior to designation of any landmark or historic district.
The commission, owners, and any interested parties may present testimony or documentary evidence at
the hearing which will become part of a record regarding the historic, architectural, or cultural
importance of the proposed landmark or historic district. The record may also contain staff reports,
public comments, or other evidence offered outside of the hearing.
(f) The commission shall forward notice of each property designation as a landmark and the boundaries
of each designated historic district to the office of the Southold Town Clerk for recordation.
Section 56-6 Certificate of Appropriateness for Alteration, Demolition or New Construction Affecting
Historic Districts or Landmarks
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or
moving of a landmark or property which faces a public right of way within a historic district, nor shall any
person make any material change in the appearance of such property without first obtaining a certificate of
appropriateness from the historic preservation commission.
3/27/01 18
(c) In the specific case where the property or landmark is located on the waterfront, the
watershed is considered a public right of way and the aspect of the property or landmark visible from
the watershed is subject to the aforementioned requirement.
(d) In the specific case where the property or landmark is located on a corner, all aspects of the property
or landmark visible from the public right of way are subject to the aforementioned requirement to
obtain a certificate of appropriateness before carrying out any exterior alteration, restoration,
reconstruction, demolition, new construction, or moving of the landmark or property.
Section 56-7 Criteria for Approval of a Certificate of Appropriateness
(a) In passing upon an application for a certificate of appropriateness, the historic preservation commission
shall not consider changes to interior spaces, unless they are open to the public. The commission's decision
shall be based on the following principles:
(iv) properties which contribute to the character if the historic district shall be retained, with their
historic features altered as little as possible.
(v) Any alteration of existing properties shall be compatible with its historical character, as well
as with the surrounding district; and
(vi) New construction shall be compatible with the district in which it is located.
(b) In applying the principle of compatibility, the commission shall consider the following factors:
(vi) the general design, character, and appropriateness to the property of the proposed alteration or
new construction;
(vii) the scale or proposed alteration or new construction in relation to the property itself, surrounding
properties, and the neighborhood;
(viii) materials and their relation to similar features of other properties in the neighborhood;
(ix) visual compatibility with surrounding properties, including proportion of the property's front
facade, proportion and arrangement of windows and other openings with the facade, roof shape,
and the rhythm of spacing of properties on streets, including setbacks; and
(x) the importance of historic, architectural, or other features to the significance of the property.
Section 56-8 Certificate of Appropriateness Application Procedure
(a) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an
application for such a certificate with the historic preservation commission. The application shall contain:
(vii) name, address, and telephone number of applicant;
(viii) location of property and photographs of the property;
(ix) elevation drawings of proposed changes, if available,
(x) perspective drawings, including relationship to adjacent properties, if available;
(xi) samples of materials to be used;
(xii) where the proposal includes signs or lettering, a scale drawing showing the type
of lettering to be used, all dimensions and colors, a description of materials to be
used, method of illumination, and a plan showing the signs location on the
property; and
(vii) any other information which the commission may deem necessary in order to
visualize the proposed work.
(b) No building permit for construction or demolition shall be issued for such proposed work until a certificate
of appropriateness has first been issued by the historic preservation commission. The certificate of
appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be
required by any other ordinance of the Town of Southold.
(c) The commission shall approve, deny, or approve the permit with modifications within 21 days from receipt
of the completed application. If there has been no notification of approval, denial or approval with
modifications, by the end of the 21st day, said permit shall be deemed approved. The commission may hold
a public hearing on the application at which an opportunity will be provided for proponents and opponents
of the application to present their views.
(d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail
and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the
reason for denying or modifying any application.
(e) Certificates of appropriateness shall be valid for 18 months, after which time the owner must reapply if
he/she still wishes to undertake work on the property.
Section 56-9 Demolition Hardship Criteria
(a) An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for
relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish
that:
(iv) the property is incapable if earning a reasonable return, regardless of whether the return represents
the most profitable return possible;
(v) the property cannot be adapted for any other use, whether by the current owner or by a purchaser,
which would result in a reasonable return; and
(vi) efforts to find a purchaser interested in acquiring the property and preserving it have failed.
Section 56-10 Alteration Hardship Criteria
An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief
on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the
property in incapable of earning a profitable return, regardless of whether that return represents the most
profitable return possible.
3/27/01 19
Section 56-11 Hardship Application Procedure
(a) After receiving written notification from the commission of the denial of a certificate of appropriateness, an
applicant my commence the hardship process. No building permit or demolition permit shall be issued
unless the commission makes a finding that a hardship exists.
(b) The commission may hold a public hearing on the hardship application at which an opportunity will be
provided for proponents and opponents of the application to present their views.
(c) The applicant shall consult in good faith with the commission, local preservation groups, and interested
parties in a diligent effort to seek an alternative that will result in the preservation of the property.
(d) All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail
and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the
reasons for granting or denying the hardship application. If the application is granted, the commission shall
approve only such work as is necessary to alleviate the hardship.
Section 56-12 Enforcement
All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any
requirements included herein. It shall be the duty of the building code enforcement officer to periodically
inspect any such work to assure compliance. In the event work is found that is not being performed in
accordance with the certificate of appropriateness, or upon notification of such fact by the historic preservation
commission, the building code enforcement officer shall issue a stop work order and all work shall immediately
cease. No further work shall be undertaken on the project as long as a stop work order is in effect.
Section 56-13 Maintenance and Repair required
Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior
architectural feature of a landmark or property within a historic district which does not involve a change in
design, material, or outward appearance. No owner or person with an interest in real property designated as a
landmark or included within an historic district shall permit the property to fall into a serious state of disrepair
which would result in the deterioration of any exterior architecture; feature which would, in the judgment of the
historic preservation commission, produce a detrimental effect upon the character of the historic district as a
whole or the life and character of the property itself. Examples of such deterioration include:
(g) deterioration of exterior walls or other vertical supports;
(h) deterioration of roofs or other horizontal members;
(i) deterioration of exterior chimneys;
(j) deterioration or crumbling of exterior stucco or mortar;
(k) ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors;
and
(1) deterioration of any feature so as to create a hazardous condition which could lead to the claim that
demolition is necessary for the public safety.
Section 56-14 Violations
(c) Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the
violator shall be liable to a fine of not less than $250 nor more than $1000 for each day the violation
continues.
(d) Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious
state of disrepair in violation of this ordinance shall be required to restore the property and its site to its
appearance prior to the violation. Any action to enforce this subsection shall be brought by the town
attorney. This civil remedy shall be in addition to an not in lieu of any criminal prosecution and penalty.
Section 56-15 Appeals
Any person aggrieved by a designation decision by the Town Board or a decision of the historic preservation
commission relating to a hardship or a certificate of appropriateness may, within 45 days of the decision, file a
written application with the Town Board for review of the decision. Reviews shall be conducted and based on
the same record that was before the Town Board or commission and using the same criteria.
Section 56-16 Severability.
The provisions of this Law are severable. In any provision of this local law or its application to any person or
circumstance is held invalid, said invalidity shall not affect any other provision or application of this local law
which can be given effect without the invalid provision or application of the local law.
Section 56-17 When effective.
This Local law shall take effect immediately upon filing with the Secretary Of State as provided by law.
Attachment A
Historic Preservation Commission
7 Members, 4 year appointment, town wide.
Year New Members Old Members
1 7
2 1 6
3 2 4+1
4 2 2+1+2
5 2 1+2+2
6 1 2+2+2
7 Repeat
Attachment B
Historic District Review Board
3 Members, 4 year appointment, specific to historic district
3/27/01
Year New Members
1 3
2 3
3 1 2
4 2+1
5 2 1
6 1+2
7 Repeat
Old Members
20
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#295
Moved by Justice Evans, seconded by Councilman Murphy,
NOTICE IS HEREBY GIVEN that 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 Chapter 85 (Taxation), Article V, Tax Exemption for alterations and rehabilitation of
historical property in the Town of Southold" and,
NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public
hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and
hereby sets 7:32 p.m. Tuesday~ May 8~ 2001~ as the time and place for a public hearing at which time all
interested persons will be heard.
The proposed Local Law in relation to Chapter 85 (Taxation), "Article V, Tax Exemption for alterations
and rehabilitation of historical property in the Town of Southold" which includes the following:
LOCAL LAW NO. - 2001
A Local Law in relation to Chapter 85 (Taxation), Article V, "Tax Exemption for alterations and
rehabilitation of historical property" in the Town of Southold
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Chapter 85 (Taxation)
Article V Tax Exemption for alterations and rehabilitation of historical
property in the Town of Southold
§ 85-10 Exemption for alteration and rehabilitation of historic property.
A. Amount of Exemption.
(1) Historic property shall be exempt from taxation to the extent of any increase in value attributable
to such alteration or rehabilitation pursuant to the following schedule:
§ 85-11 Conditions
Year of Exemption percent of exemption
1 100
2 100
3 100
4 100
5 100
6 80
7 60
8 40
9 20
10 0
No such exemptions shall be granted for such alterations or rehabilitation unless:
A. Such property has been designated as a landmark, or is a property that contributes to the character of an
historic district, created by a local law passed pursuant to section ninety-six-a or one hundred nineteen-
dd of the general municipal law;
B. Alterations or rehabilitation must be made for means of historic preservation;
C. Such alterations or rehabilitation of historic property meet guidelines and review standards in the local
preservation law;
D. Such alteration or rehabilitation of historic property are approved by local preservation commission
prior to commencement of work;
E. Alterations or rehabilitation are commenced subsequent to the effective date of this local law.
§ 85-12 Applications.
A. Such exemption shall be granted only by application of the owner or owners of historic real property on a
form prescribed by the state board. The application shall be filed with the assessor of the Town of Southold on
or before the appropriate taxable status date of the Town of Southold.
B. Such exemption shall be granted where the assessor is satisfied that the applicant is entitled to an
exemption pursuant to Section 444-a of Real Property Tax Law. The assessor shall approve such
application and such property shall thereafter be exempted from taxation and special ad valorem levies
as provided in Section 444-A commencing with the assessment roll prepared on the basis of the taxable
status date referred to in subdivision three of Section 444-a. The assessed value of any exemption
granted pursuant to Section 444-a shall be entered by the assessor on the assessment roll with taxable
property, with the amount of the exemption shown in a separate column.
3/27/01 21
II Severability.
The provisions of this Law are severable. In any provision of this local law or its application to any person or
circumstance is held invalid, said invalidity shall not affect any other provision or application of this local law
which can be given effect without the invalid provision or application of the local law.
III When effective.
This Local law shall take effect immediately upon filing with the Secretary Of State as provided by law.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#296
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk
Elizabeth A. Neville to attend the 2001 Annual New York State Town Clerk Association Conference at
Buffalo, New York on April 20, 2001 through April 25, 2001, and the necessary expenses for registration,
transportation, and accommodations and meals, shall be a legal charge to the Town Clerk's 2001 budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#297
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fun d Whole Town
2001 budget as follows:
Revenues:
A.2705.40
Appropriations:
A. 8510.2.400.300
Gifts & Donations
Other Donations
$ 5,117.91
Community Beautification, Capital Outlay
Contracted Services
Fort Wright Lighting Committee $ 5,117.91
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: If you are wondering where Fort Wright is it is on Fishers Island, and they did a
collection of donations.
#298
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town
2001 budget as follows:
To:
Revenues:
A.2025.00
Appropriations:
Special Recreational Facilities
Park & Playground Funds
$11,100.00
Buildings & Grounds, Capital Outlay
A. 1620.2.500.850 Tasker Park Ball Field Lighting $11,100.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#299
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS the Town Board of the Town of Southold held a public hearing on the question of the purchase of
a certain parcel of property owned by Agnes McGunnigle on the 13th day of March 2001, pursuant to the
provisions of Chapter 59 (Open Space Preservation) and/or Chapter 6 (Community Preservation Fund) of the
Town Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, the Town Board deems it in the public interest that the Town of Southold" purchase the property,
now "therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the property owned by
Agnes McGunnigle, comprising approximately 25.5 acres located on the Northeast comer of Bay View Avenue
and Mill Road, Mattituck, identified as
SCTM# 1000-106-6-14 & 20, at the price of $500,000.00, pursuant to the provisions of Chapter 59 and/or
Chapter 6 of the Code of the Town of Southold. The exact area of the purchase is subject to a survey acceptable
to the Land Preservation Committee prior to the contract closing; and be it
FURTHER RESOLVED that the parcel is to be purchased either outright by the Town of Southold or under
3/27/01 22
the Suffolk County Preservation Program whereby Suffolk County would appropriate an amount up to
50% of the total cost of acquisition.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#300
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby reiects any and all bids received on
March 15~ 2001 for supplying Food for the 2001 Calendar Year to the Nutrition Program of the Southold
Town Human Resource Center; and be it
FURTHER RESOLVED that the Town Clerk be and she is hereby authorized and directed to re-advertise for
bids for supplying Food for the 2001 Calendar Year to the Nutrition Program of the Southold Town
Human Resource Center.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#301
Moved by Justice Evans, seconded by Councilman Richter,
WHEREAS it 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
Amending the Fees in Section 45-8 (Building Code) of the Town Code" and, now therefore be it
RESOLVED the Town Board of the Town of Southold hereby sets 5:03 p. m. Thursday~ April 26~
2001 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, at which time all interested persons will be heard.
The prol~osed "A Local Law in relation to Amending the Fees in Section 45-8 (Building Code)
of the Town Comte" and, which includes the following:
LOCAL LAW NO. 2001
A Local Law in relation to A Local Law in relation t--fiT6-~mending the Fees in Section 45-8 (Building
Code) of the Town Code:
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter 45, Article VIII, Fire Prevention and Building Code, Uniform of the Code of the Town of Southold is
hereby amended as follows:
§ 45-8. Building permit required; application for permit. ]Amended 5-30-1995 by L.L. No. 11-1995]
L. Permit fees.
(1) The following fees shall be paid upon the filing of an application with the Building Inspector for
a building permit, which fees shall be paid into the general fund if the application is approved or
returned to the applicant if the application is denied:
(a) Single-family dwellings:
[ 1 ] New dwellings and alterations or additions to existing
dwellings: ...... ,,, c,,~ ,~,~ ~-~ ~
....... ~ ........... t .... ~ one hundred fifty dollars
($150.), plus * ..... * ..... ,o z~ .m
. . ~ ...... ~ ......t ..... ~ thMy cents ($0.30) for each square foot of floor
area in excess of eight hundred fifty (850) square feet.
[2] Accesso~ buildings and additions or alterations to existing
accesso~ buildings: *~;~-~-- ~2 -m'~ ~ ~.~'~o ~,~<~.~ ~ seventy-five_ dollars ($753,. . plus
....... 2 ...... ~ ..... j thMy cents ($0.30) for each square foot of floor area in
excess of five hundred (500) square feet.
Farm buildings and additions or alterations to existing hrm buildings:
one hundred fifty dollars ($150.) for each building.
Hotel, motel, multiple dwellings and business, industrial and all other buildings,
including wineries:
[ 1 ] New buildings and additions and alterations to existing
buildings: one ............. 2 ....... r ..... j two hundred dollars
($200.), plus * ..... ,,, c ...... ,o t~n
. . ~ ...... 2 ..........t ..... j thMy cents ($0.30) for each
square foot of floor area in excess of one thousand (1,000) square
feet.
[2] Accesso~ buildings and additions and alterations to
existing accesso~ buildings: *~:~-' m,~ ~,~,o r~ <.) _
...... ~ ........... t~ seventy-five
dollars ($75.) plus ~ ..... ~ ..... ~ z~a ~m
. . , ...... ~ ...... ~ ..... ~ thMy cents ($0.30) for
each square foot of floor area in excess of five hundred (500)
square feet.
~ Foundations constructed under existing buildings:o~,~,,y*-'-,~a-'~ ~,~,o~'"~ t*ze~<,~.x ~ one
hundred dollars ($100.).
In-ground swimming pools, together with required enclosure fencing: one hundred fi~y
dollars ($150.). Aboveground swimming pools, together with required enclosure fencing:
.... y ....... t .... ~ one hundred fi~y dollars ($1503..
3/27/01
(2)
(3)
(4)
23
(g) (D The permit fee for all signs shall be fifty dollars ($50.) per permit.
00 (g) Demolition and/or removal of any building:.l.~,~,~lic'c*~- ,,,~.,.a~"~o ~,~* 5 .) thirty-_
five dollars ($30.) minimum and ~m~was-($(MO) fifteen cents ($0.15) for
each square foot in excess of three hundred (300) square feet of floor area.
If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of
. ..... ... c,,~ r~,~ ~ a~u~ thirty-five dollars ($35.).
For the purpose of this Subsection L, cellars, decks, attached garages and any habitable area shall
be included in the calculation of floor area.
Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts,
including but not limited to fire districts, school districts, park districts and the like.
Strike-through represents deletion.
Underline represents insertion.
Vote of the Town Board: Ayes: Councilman
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Richter, Councilman Murphy, Councilman Romanelli, Justice
#303
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean
W. Cochran to sign an Agreement between the Town of Southold and the lowest responsible bidder for
the grubbing~ seeding of the sports playing fields at Peconic Lane Park, subject to the approval of the Town
Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Capital Project Name:
Financing Method:
Budget:
#304
Moved by Councilman Murphy, seconded by Councilman Romanelli, 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: Motor Vehicle
Transfer from the Solid Waste District
Revenues:
H.5031.95
Appropriations:
H.8160.2.300.300
Vote of the Town Board: Ayes: Councilman
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Transfers from Other Funds
Refuse & Garbage
Equipment & Capital Outlay
Motor Vehicles
Trucks
Richter, Councilman Murphy,
$ 24,300
$ 24,300
Councilman Romanelli, Justice
SUPERVISOR COCHRAN: I need a motion to recess for a public hearing.
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 5:00 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Reconvened at 5:05 P.M.
SUPERVISOR COCHRAN: We will act upon resolution 302.
#302
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS it has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 13th day of March, 2001 a Local Law entitled "A Local Law in relation to
Site Plan Fees, Chapter 100, Article XXV, Zoning Code, Site Plan Approval, of the Code of the Town of
Southold" and,
WHEREAS, the Town Board of the Town of Southold held a public hearing at which time all interested
persons were heard, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts "A Local Law in relation to
Site Plan Fees, Chapter 100, Article XXV, Zoning Code, Site Plan Approval, of the Code of the Town of
Southold" and, which includes the following:
3/27/01 24
LOCAL LAW NO. 2001
A Local Law in relation t-fi-ib--~ Local Law in relation to Section 100-25 (Zoning Code) of the Town
Code:
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter 100, Article XXV, Zoning Code, Site Plan Approval, of the Code of the Town of Southold is hereby
amended as follows:
§ 100-256. Application requirements; fees.
B. Fees.
(1) The application fee for a new site plan shall be ~"~ ~""~ c,c~,, ~,~ ~ ~ ~
................. ~ ....... ~ ..... j three hundred
dollars ($300.). . per acre or any fraction of an acre thereof, plus *~,,, ...... ,,,,,~ ,,~,~c"~ ,~,~,~,,~,,o .... ,~,~,,~o*~ ~,,'.,'~-~Jr'~c~ c~,~<~
five cents ($0.05) per square foot of building area.
(2) The application fee for a revised site plan shall be ~ ~"~ c,c~,, ~,~ re~<~ ~
................. : ....... ~, .... j three
hundred dollars ($300.),. . plus *~,,, ,,,,,~ ,,c"~ ,~ ,~,~,~,,~,,o .... ,~,~,,~o*~ ~,,,r~. ~<~,,~j five cents ($0.05). . per square
foot of building area.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice
Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Before we go into public comments I would like to make an announcement. We
received this, this afternoon, and it is in relation to funding that the Governor has set aside for open space, and
purchase of development rights, and he has announced more than $12,000,000 in grants throughout the entire
New York State, and there have been different grants, and amounts have been awarded to many communities
throughout New York State and the Island. They got 3.6 million of the total take, Southold Town $600,000, so
we are very pleased and delighted, and the letter will go out first thing tomorrow thanking the Governor. It
comes down through the Department of Agriculture, and it is $600,000 that will be used. It is a 75/25 match,
and we have had purchase of development rights in the hopper, so I imagine we can use that as our match so we
have future ones for future matches, but I called the office and I told him I would much rather have
Southampton's million. They received a million, and that some of Southampton's development rights are going
for $200,000 an acre depending where it is. Many of the development rights we are buying, here is around
$20,000, $16,000, $18,000 an acre, so you can see there is quite a difference. I told that give us a million, and
we can make it go further. We can stretch right to the last dollar, so of course they laughed. I was serious. They
laughed. But anyhow we do have $600,000, seven eligible farms that produce veggies and grapes, and hay and
so forth. The Town will select the farms, and how many acres to preserve. This Town has been a farming
community since it's founding over 350 years ago. A large and thriving agricultural community exists in the
town. This may help maintain it's long-term viability, so we are very pleased, and we will send the proper thank
you. At this time we will take reports from you, John, in relation to the animal shelter. If you would like to
update the Board on that and then we can go to public comments.
COUNCILMAN ROMANELLI: I know this is an anticipated response to the animal shelter. We finally
received a report from Bradley Associates. That was the firm brought in by the League to review how to plan
the process, what was done. In reviewing Mr. Bradley's report I respectfully have to say I disagree with some of
his findings in the sense that he broke the report down into three sections of the report. There is the process, the
existing facility, and the preliminary plan. The process he talked about us taking a quick fix, and not taking our
time talking to the right people, and that is where I have to say I think Mr. Bradley came into town one night
and spoke to the League the next day. He never spoke to anybody on the Town to get the whole side. So, I
respectively think that he was short in the process. We had four fact gathering meetings with the League. We
came up with a lot of facts from the League on how the number of rooms, the isolation room, the examination
room, the storage room, the number of kennels. We went through four meetings with the League to gather facts.
We gathered those facts. We came up with a preliminary drawing for an addition of an existing facility and
renovation of the existing facility. Everything that Mr. Bradley put in his report about the existing facility it was
nice to see, because he backed up how our findings also. He backed up the fact that there were problems with
the roof, some cracks in the concrete, the guillotine doors, the metal door frames, the ventilation, the eating
system, the air conditioning, the plumbing, the dividers between the kennels. Just about everything he
mentioned was in our renovation proposal, and our plan we recognized them also, so it was nice to see in that
regard. They did spend the time to see the same things that we saw needed to be repaired, and they will
addressed in a renovation proposal. The one thing that caught my eye was, and everyone has brought this to our
attention, is the center floor drain in the existing building that needs to be through the renovation process, and
the site plan we have drawn it shows the floor drain the center, on the next set of drawings that come out you
will see that floor drain moved to the sides of the hallways, so it is not in the middle. Septic was addressed. He
also addressed it. So after reviewing his report, after waiting for it, reviewing it, talking with the Board, also
relaying our plan out to State Ag and Markets, Suffolk County Chapter Society of Prevention of Cruelty to
Animals. We sent a plan out to them for their input. We talked to Easthampton, Southampton, Riverhead, and
Kent on their facilities to make sure that we catching all the avenues. Everyone who gave a report out gave us
some comments, some input. We spoke to the inspector from Ag and Markets. He reviewed it, so we feel as
though we followed the process. We spoke to every available source out there. We have been on the Internet.
We have looked at Hounds quarters, which was brought up a while ago. We looked at the size of kennels that
they had, and what size kennel it should be. We ran the size of the kennels past Ag and Markets, past the
Suffolk County Society of Prevention of Cruelty to Animals to them to get their input. So, we have all the input
3/27/01 25
that we could possibly find out there, and with that I want to say that at this particular point in time I do not
think it is fiscally responsible of this Board to solely fund a brand-new facility from the ground up. ! believe we
have responsibility to make improvements and enlarge and clean up the existing facility, and ! believe that is the
fiscal responsibility to do at this time. That is my report.
SUPERVISOR COCHRAN: ! think it would easier if there are any questions in relation to this, and then ! will
call for other Board reports if there is anything any Board member would like to rather than break the
continuity. Is there anyone that would like address the Town Board? Yes, Mr. Carlin?
FRANK CARL1N: Good evening, ladies and gentlemen of the Board. My wife said to me today, you look very
happy, Frank. ! said, yeah, ! am going to a Board meeting. She said, oh, ! shouldn't even have bothered to ask
you. It is amazing, 6,766 signatures have already come in for this animal shelter. You know that is wrong then.
Anybody in this town when they went for election gets a vote, and only if you are a winner. The only one that !
know of that got the most votes when they ran for election was Paul Stoutenburgh back in the mid-80' s. He got
over 5,530. He was a good man.
SUPERVISOR COCHRAN: He still is a good man. ! talked to him the other day.
FRANK CARL1N: ! want to ask you a question, John. If were at an auction to buy horses. If you seen a horse
in the corral, would you buy it? You wouldn't buy it. ! can answer that for you because you know it is useless. It
is limited, and that is what you are doing when you just made your statement that you don't want to build a new
shelter. One other thing ! want to speak on tonight, but this is very important to me, too. ! looked at a lot of your
pictures before in color. Have you viewed them?
SUPERVISOR COCHRAN: The Bradley report?
FRANK CARL1N: It is amazing. The ones she has in the book here. Did you see them all, Anna? ! have seen
them already. A picture is worth a thousand words. It is pathetic. You go put money in something that is in that
bad a shape it is going to cost you twice as than it would normally would cost you to build a new one. ! don't
understand you people at all. It is already five months. It was November, and so far you are just getting reports.
Spring will be here. Spring is here. When will you ever get started on that thing?
COUNCILMAN ROMANELLI: Frank, I just want to make it clear that when we say we don't want to build a
new facility. If we were to solely build a new structure with Town funding we don't think that is truly fiscally
responsible to build it. Also, you mentioned some of the pictures in the Bradley report it is quite an argument.
We are not arguing with the issues in there. We have never argued from the get-go that there are issues that are
mentioned, and every one is mentioned in the Bradley report was addressed by us before his report so we are
not arguing that there are problems down there. We haven't since the day one, and that is really, really the issue.
It is dollars and cents. The question I ask of you is if your windows rot out in your house do you repair the
windows? You repair the window.
FRANK CARL1N: You repair the window. You wouldn't knock a house down just to repair a window. It is
common sense.
COUNCILMAN ROMANELLI: Those are the kind of repairs we are used to dealing with.
SUPERVISOR COCHRAN: Okay, please, make your statements, Frank.
FRANK CARL1N: This is uncommon sense, John. You know that, as well as I do. I am going to finish this
one, because ! want to speak on something else. It is amazing. You people spend money on $7,800,000 here,
and $2,000,000 there, and $184,000 here for bonds and stuff, and you just can't see yourself clear to float the
$500,000 to get this job moving once and for all and give these animals a decent home, and get it over with, and
stop this nonsense.
SUPERVISOR COCHRAN: That's it?
FRANK CARLIN: On this one, and I want to come back again.
COUNCILMAN RICHTER: We all agree on the needs, and in Mr. Bradley's report we saw the same needs that
John just said. When you say it is not correct on our part, personally, in my own business ! do renovations
constantly. You can do a renovation and have it just the same as good for a lot less money than tearing
something down, and going brand new. There are times when that does not work, but in this instance you can
make all the repairs that are necessary for that animal shelter by doing a renovation project. It was fiscally
irresponsible for us to take money, taxpayers' dollars, for something that is not needed. If we can do it in a
renovation project, and an expansion, and renovation project for less money that becomes responsible. One of
the things that we are looking, just to go further on down, is the Town Hall, a renovation project, because if you
tear something down and go brand new we may not be fiscally responsible to our taxpayers. If the end result is
the same, if you get a facility that is clean, that is functional, and that works for the animal shelter that we have
3/27/01 26
to run, and we that we want to run in the Town of Southold, and I think that is a win-win situation.
FRANK CARL1N: Craig, I understand what you are saying, but in my mind I don't think exactly like you do.
You might be a contractor. I am not no slouch on that stuff either. But, you got to take each separate case, and
this case by looking at it, you can see by walking through this place, it is so far out of the question. A while
back in '86 they put out bids for $250,000 they couldn't get even anybody to accept that kind of money to the
build it for $250,000, and that was '86, and now we are talking about fifteen years later. You are never going to
have that. In my opinion I am going to finish it, and this is the way it is. It is never going to be the way it should
be by just remodeling, to break it down and start from new, and that is all I am going to say on that. Okay. I
have some good news for a change here. As of Friday they started to break ground on the golf course behind
me. They got heavy equipment working there. I am so happy to see it. Six pieces of equipment, they worked all
day yesterday in the snow, and it is nice for a change to see progress being made in this town. Another one is I
attended the Water Authority meeting the other day, the 22nd. I know the newspaper people they don't like
what I say, because they don't agree with everything I say, but that is tough.
SUPERVISOR COCHRAN: Frank, address your remarks to the Town Board and not to the public.
FRANK CARL1N: I attended the 22nd of this month meeting that the Water Authority had about the tank in
Laurel. I am not against the tank, no problem. I am all for progress, but when I asked the question to them it is
probably being put up because you need more pressure and volume. He agreed with me. Incidentally there was
only ten people at that meeting that night. So, I said if that is the case then we should be able to have water on
the Main Road in Laurel. He said to me, well, you have to take that up with the Town Board. Well, then I said
two things to him. I said I have a fire hydrant between Bray Avenue and Laurel Post Office. That is a mile and a
quarter. I said you know it is amazing. This is what caught his eye a little bit. It is amazing we have had public
gas along Route 25 for 75 years, all the way along, but yet we don't have any public water. He didn't seem to
realize that was the case that we do have public gas for 75 years. It came to my house in 1929 at least. But
anyway, and I told them about running the water behind me on the golf course, and I gave them permission at
my choice of location if they want to run through my property onto to Main Road, and go West. What I want to
speak on, too, somebody asked me the other day, are you a stockholder in McDonalds? No, I am not a
stockholder in McDonalds and I pay my way, but if I was a stockholder in McDonalds I sure as hell wouldn't
go around knocking the hand that feeds me, or cutting the arm off that feeds me. Anybody who fools around
with the stockholder in McDonalds, and knocks the company that they have stock in is not a very good investor
as far as I am concerned. I am going to give you a story, a little story, and this is true. Last year when they were
installing the pipeline by house to go under the bridge. I was out in the yard eight o'clock in the morning doing
something around the front of my house, and the workers came back at eight o'clock and they parked their cars
along the side of the road by my house, and was having their coffee before they started work, coffee and I guess
a biscuit, or whatever, muffin whatever they had there. I happened to look over, and I see a couple of bags on
the ground. I walked over to them. There were six of them there. One guy was a 6'6" 250-pounder, and I looked
up, and I said, you know I am not accusing you of anything but those bags weren't on the ground five minutes
ago, and I will tell you one thing in Southold Town we don't like littering in here. It is a $500 fine if you are
caught. Oh, no problem, man, we understand what you are saying, boss, we understand what you are saying.
But the amazing thing of it was when I looked down at them they were McDonalds' bags. So, let's not blame
McDonalds for anything we can find in the books about throwing debris around the town. It is in New Suffolk.
It is all over the place. Some of the people we have to blame for that. Okay? I want to take a little more time,
because this is important.
SUPERVISOR COCHRAN: Okay, but I am going to ask you, please, if there is anyone else that would like to
speak, if you would come back, Frank.
FRANK CARL1N: I will come back.
SUPERVISOR COCHRAN: Anyone else that would like to address the Town Board?
MARILYN SAWASTYNOWICZ: Good evening. Marilyn Sawastynowicz from Cutchogue from S.O.S., Save
Our Shelter. Tonight I have 116 more signatures in support of a new fully funded animal shelter. Our new total
of signature is 6,766. I would like to hand these in. I am very proud of the North Fork Animal League for being
fiscally responsible to the community in hiring architect Dennis Bradley for his expert opinion and advise on
how to proceed. His report is most thorough and impressive. His advice is to not renovate. I am very
disappointed that the Town Board has decided to not fully fund a new shelter. Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board? I would just like to clarify. There
have been no firm decisions. Okay? Would you like to address the Town Board?
MARILYN ANDRADE: Hi. My name is Marilyn Andrade. I am a resident and taxpayer of Southold. I would
like to know if you all read the report and looked at it? Have you all been to the shelter lately?
SUPERVISOR COCHRAN: I have not been to the shelter lately.
3/27/01 27
MARILYN ANDRADE: Because the pictures don't talk as much as going in. I was in Monday.
SUPERVISOR COCHRAN: The pictures are pretty descriptive.
MARILYN ANDRADE: When you go in it is even worse. When you walk in and see the animals, or just to
walk there, the animals are standing in water or ice. ! mean it is really bad, and from all the people ! have talked
to, ! have been talking to a lot of people, and they are all taxpayers, residents, businesses, and doctors. They all
want a new shelter, and to fix it in talking to contractors, which ! have done, too, and ! am not saying ! know
everything, but ! have talked to builders and contractors, and it is going to cost so much more to fix it, and it is
not going to last. It is going be a temporary fix, and the houses that are there now are unbelievable. Everywhere
you go people want to know what is going on with the shelter? Why isn't anything being done? When is he
going to get started? ! mean can we tell them anything? There are so many people. ! mean, ! could get the
people to come. They say, why bother? They come and nothing gets said. For a while we had a lot of people,
residents coming, and they said nothing happens, so why bother coming. When something is going to happen
you tell us to come and we will come.
COUNCILMAN RICHTER: ! need to say something again. ! just have to say that you know we are not the
enemy here. You know a renovation and the possibility of a renovation, and expansion would be like brand-
new? Do you know that?
MARILYN ANDRADE: A renovation, everyone ! have talked to, if you renovate, say you are talking about
cement where the dogs are, the runs you can't renovate that. It is going to sink again. The dogs are going to be
standing in it again. The dogs are going to be standing in it again. It is not going to drain properly. ! am not an
architect. ! mean, if you talk to carpenter, mason, ! have talked to them all. You cannot fix that. That has to be
dug up, and done over.
COUNCILMAN RICHTER: No, it doesn't. I do this for a living. I don't know maybe you are talking people
you want to hear. This is not a quick fix idea that we are trying to produce. ! am trying to go in there with a
band-aid, or John is not, or the Town with a band-aid. We are trying to do something that is going to put a
facility that is going to be the same as brand-new without the cost. It can be done. ! don't understand why you
keep saying to us that it is a band-aid affect. It is a short-term affect. That is not what this Board is looking at. It
is not.
MARILYN ANDRADE: From this report, and from talking to people. In talking to people, carpenters, masons,
plumbers, you name it. ! am no expert. This is what they are telling me, too. Other people, Southold residents,
taxpayers, and ! also have heard from carpenters. ! don't want to say their names. ! don't want to say their
names. ! don't want anybody getting in trouble, but they are saying it is just going to cost more in the long run,
it is not going to last. ! mean how can everyone be wrong?
COUNCILMAN ROMANELLI: The only thing ! can tell you is, ! don't know who you are talking to, but !
talked to a mason, who assures me that there is no problem. It has probably settled fifteen, twenty years ago. It
has probably been settled for twenty years. Just like houses when you build a new home the new foundation
settles on a brand new home. The new foundation usually settles. So, ! don't know who you are talking to.
MARILYN ANDRADE: A local mason, local people, just Southold people, ! am not going looking for them.
They are telling me these things.
COUNCILMAN ROMANELLI: Like Craig in my business, ! do a lot of renovations. That is what we involved
in is renovations and additions, and you know, the renovation process when it is all done it could look like
brand-new. Everybody needs to remember is that we are not looking for shortcuts. All the meetings we had the
League, they brought up kennels, kennel size. ! said before we are addressing. We have not turning our check
on it. We are addressing it. We are getting that information, and like ! said earlier when ! spoke that Bradley
report confirmed everything that we said in that renovation, didn't skip anything, which is nice. You also have
to remember that at the end of the Bradley report the very end of the report, his last sentence is, if my firm can
be of any help in planning the design, please, call and let me know. Mr. Bradley designs animal shelters from
new for a living. He has a vested interest in a brand-new one also. So, we need to keep that in mind.
MARILYN ANDRADE: There was never any thought of him coming and doing it.
SUPERVISOR COCHRAN: We are not here to debate this. The Town Board in the next week or so will be
making some very serious forthright clear announcements and decisions.
MARILYN ANDRADE: Will they be meeting with the committee for the animal shelter? Will there be a
committee date should ! ask?
SUPERVISOR COCHRAN: A committee meeting, no. That committee will be disbanded.
MARILYN ANDRADE: It will be disbanded?
3/27/01 28
SUPERVISOR COCHRAN: There will be a committee for the construction of.
MARILYN ANDRADE: Who will be in place for that?
SUPERVISOR COCHRAN: We have not done that yet. It is our responsibility as a Town Board to do it?
MARILYN ANDRADE: It is also the taxpayers, who have a say in it, but you just said.
SUPERVISOR COCHRAN: ! am asking you for a couple of weeks.
MARILYN ANDRADE: We have been hanging on since November, and nothing has happened.
SUPERVISOR COCHRAN: We were hanging around waiting for Mr. Bradley's report. Anyone else like to
address the Town Board?
THERESE MCG1NNESS: Good evening. Therese McGinness, Vice-President of the North Fork Animal
Welfare League. You know it is interesting how Mr. Romanlli has chosen. Mr. Dennis Bradley is an
architectural firm that was brought in by the League to take a look at the facility, and to make
recommendations. ! think it is very important for the residents and taxpayers of the Town of Southold to
understand, and to read the summary of this report. The summary goes like this. In conclusion the existing
facilities are deplorable. It appears as if the existing facility were built as temporary storage buildings, and
adopted to animal care facilities. They are difficult to maintain, difficult to function in, and our concern in
regards to the health, safety, and welfare of both the staff and resident animals. Any thought, and ! would like to
repeat this for the residents and taxpayers of the Town of Southold, any thought of renovating the existing
facility would be ill advised. After reviewing what it would take just to repair the facilities it would be better to
spend the money on a new facility that would address function, maintenance, and energy efficiency. The
proposed preliminary plan that was presented does not begin to address the issues of operating and maintaining
a safe and healthy shelter. This plan appears to be a quick fix solution that only addresses the warehousing of
additional animals. ! cannot and he repeats, ! cannot express strongly enough how poor this proposed plan is.
For whatever reasons the process of developing this facility have been cut short. It is most evident the Town of
Southold needs a new facility. If the Town desires to be fiscally responsible it must not only focus on initial
cost, but what it will cost if not correctly. We are recommending the process be started over. ! think, you know,
! think it is very sad, because the North Fork Animal Welfare League agreed to committee meetings. Mr.
Romanelli, when ! spoke to you last week you told me that you were going to set a date for the next committee
meeting. ! think there is a lack of integrity happening with this Board in terms of we all agreed to meet.
COUNCILMAN ROMANELLI: ! just want to be correct about that. ! think in our last conversation last week !
said to you ! have not spoken to the whole Board on the Bradley Report. ! would not be with the whole Board
until Tuesday, which is today, of the Town Board meeting. At the Town Board meeting Work Session ! would
discuss the Bradley Re with the whole Board. At that point, after ! discuss the report with the Board, we would
then determine or decide a meeting date, and that was how it was left, so that is how it was left to you, was, !
will not set a date with you until ! speak to the whole Board because ! would not meet with the whole Board
until Tuesday. Now, you know that is correct. You know that conversation happened.
THERESE MCG1NNESS: Mr. Romanelli, ! think pointing, ! think pointing is really not very professional. Our
conversation went that we would set...Excuse me. ! didn't interrupt you, please, don't interrupt me. ! spoke to
you, and you said that we would set up a time in the future for another committee, and that is what we were
waiting for. So, ! think it is not really relevant to debate, he said, she said. Basically ! think it is very important
for the residents and taxpayers in the Town of Southold to stop off at the animal shelter, and to pick up a copy
of this report, and ! also want to say something else. ! think that for more than two decades this organization has
been doing the work that no other organization would do. ! think it is very sad. ! think your lack of respect for
the men and women in this community is a disgrace to every resident and taxpayer. Thank you very much.
SUPERVISOR COCHRAN: Thank you for your comments. Anyone else like to address the Town Board?
BARNEY COSIMANO: Well, you all know me. My name is Barney Cosimano. ! am the Treasurer.
Craig, ! would like to ask you one question. Are you going back with the same amount of square footage?
COUNCILMAN RICHTER: For the renovation project?
BARNEY COSIMANO: Yes.
COUNCILMAN RICHTER: Now that we have with the addition on there it needs to have further plans
involved before ! can give you the square footage. It will be big.
BARNEY COSIMANO: We definitely need it, larger square footage. But as far as renovating, you know, ! am
a land developer, so ! know. ! put up a 31-acre subdivision, so ! know what ! am talking about. To renovate that,
3/27/01 29
and to do it properly you got to prove to me where it is much cheaper than tearing it down, and starting all
over. I would love to see that.
COUNCILMAN RICHTER: I will show you the cost. When the direction is finalized I will be more than
happy to show you.
BARNEY COSIMANO: Because you know the aisle on the inside have to be much wider where these men
work. The other day, two weeks ago, one of the staff got bitten badly because he couldn't move out fast enough
in that aisle. It was too narrow. You know this cost us money, compensation goes up, so review that, and look
into it, and if you can show me figures. I understand like you understand. As I say I put up thirty homes, a
subdivision, and I know what I am talking about. Okay? So, when you draw up other plans or what, because
the plans now you are giving us the same thing, technically the same thing, and we need much more footage,
square footage to operate there, much more.
COUNCILMAN RICHTER: The preliminary plans that have been drawn up have got the extra square footage
involved in that to accommodate the necessities that we have gathered through the information. I mean there is
going to be more square footage than what is existing.
BARNEY COSIMANO: Okay. I would love to sit with you one day, and go over it, and see what we can do.
COUNCILMAN ROMANELLI: Have you seen the sketch?
BARNEY COSIMANO: I reviewed the sketch. Thank you.
SUPERVISOR COCHRAN: You didn't have very nice weather down there.
BARNEY COSIMANO: Well, after two and a half months you come back brain dead from hanging around.
That is what happens. Thank you.
SUPERVISOR COCHRAN: Thank you for your comments. Yes, ma'am?
ANN PHILLIPS: My name is Ann Philips from Cutchogue. I would like to just say that as a taxpayer I do think
that renovation is out of the question. You speak of Ag and Market as if it is a criteria when in fact it is really,
you know, it just gives you the basics, and the community sets the standards, which we say at every meeting.
So, to talk about Ag and Market is kind of like, you know, dah. It just doesn't belong there. I mean that is not
what we want. I just wondered also, Mr. Romanelli, who else besides your going to Riverhead, or Kent, or
something like that, why do you pick these places? Why don't you get an expertise, or a person, or a company
that builds kennels, and have somebody come in, and talk. Really and truly to renovate, to break down old stuff
that is falling apart is really ridiculous and what are going to do? Next year you are going to appropriate
$250,000 to do another renovation? We are really not as taxpayers we are not trying to put blame. All that we
want to do is have our money work for us. We want things to be done, and done correctly. For twenty years you
haven't done, and it isn't you indirectly, but it is the Board, the Town Board that has never done anything. It
was put up as a temporary building, and so there for why don't we at least start new, fresh, so that we can say
we are proud of this? You know you had expertise, you spent a lot of money investigating the landfill so we are
just as important. This is something that you can be very proud of when in fact we do get started, and when in
fact we do things. So, I don't think of it as you're being wrong, or us being wrong, or you're being right. I think
it is supposed to be a community thing situation, and if you have had all of these people that have signed
petitions I think it is about time that the Board listens, just listens, and I don't think you have an open mind. I
think your talk about renovations, and there are other avenues that you can pursue, and I think it is very
upsetting as a taxpayer not to have you listen, and that is the frustration of the people here. We are not going to
go away, so you might as well understand that.
COUNCILMAN ROMANELLI: I understand the frustration of the people, believe me. I bring up Ag and
Markets because that is State regulations.
ANN PHILLIPS: A minimal.
COUNCILMAN ROMANELLI: It is the law that we do need to follow.
ANN PHILLIPS: Absolutely, but they can have ventilation opening a window, and that isn't want you want.
COUNCILMAN ROMANELLI: In the rules and regs. they talk about ventilation as far as exhaust fan.
ANN PHILLIPS: It is minimal.
COUNCILMAN ROMANELLI: So, that is why we go to them for their rules and regs. We went to the Society
of Preservation of Cruelty to Animals because we thought that they would have some good input.
3/27/01
ANN PHILLIPS: Do they? What did they say?
30
COUNCILMAN ROMANELLI: They thought the plan for renovation and addition was laid out. They had
some questions on the floor layout, and I had some questions on floor layout of the flow of traffic. Reduce the
flow of traffic in the way the partition walls are put up. That is still something that needs to be finalized. Those
are the things that when it comes to the workflow of the organization we have to deal with the people who are
running the organization. So that is why we sent it off to them. That is why we wanted Ag and Markets input.
You mentioned about the companies that build animal shelters. I have talked to a company called Hounds
Quarters a number of times. I have an envelope.
ANN PHILLIPS: Did they come out and look?
COUNCILMAN ROMANELLI: They didn't come out and look. I have an envelope in my office of different
plans, of different kennels, of different kennel material. So, to stand there and really being preach to us that
research wasn't done is dead wrong.
ANN PHILLIPS: I didn't think it was brought to us. I didn't say you didn't do anything. I can't visualize it. I
can't see it. You just talk of certain things, and I think, you know, reports are kind of nice to have. I wanted to
say something else. The thing is that I just think that if it is a question of raising more money is there any way
as a community that can't raise more money, and have a function, or is this against the rules?
SUPERVISOR COCHRAN: No.
ANN PHILLIPS: Fine, you can send us a check also, so that thing is that is there an organization, or is there
something we can do so that we can perhaps as a community with your money build a new shelter?
COUNCILMAN ROMANELLI: That option is always open.
ANN PHILLIPS: How do you go about it?
COUNCILMAN ROMANELLI: As was said earlier it was too difficult for the Town to solely fund a new
facility, and the wish for a new facility I got to be honest with you, if money fell from the sky, and we got a
grant, or someone came forward, I don't think anyone on this Board is standing there with their eyes closed,
saying, no, we refuse to build a new shelter. As I say, if money came from somewhere, additional money, I
think the doors are open. Do you know what I mean? But from where we sit at this point that is where we are.
ANN PHILLIPS: So, you don't have a solution as to where we can gather the money except if somebody
donating it? Is that it?
SUPERVISOR COCHRAN: I asked you earlier, and I will ask you again, give us two weeks time, and we will
have all these answers. I will lay my body on the .....
ANN PHILLIPS: You don't have to do that.
SUPERVISOR COCHRAN: Give us two weeks, and I will answer every question you just asked.
NANCY SAWASTYNOWICZ: Good evening. Nancy Sawastynowicz from East Marion. When I was taking
the petitions around this one fellow said to me, there is a bulldozer that the Town rents for the landfill, $11,000
a month that they don't use. It just sits there, $11,000 a month, so that is the money that can come from the tree
right there, and I was just curious to each person on the Board what does petitions mean to you with the
signatures of the Townspeople on it? What does that mean to you, each one of you?
SUPERVISOR COCHRAN: We are not going to play back and forth on this. I have asked.
NANCY SAWASTYNOWICZ: I am not playing back and forth. Back in the 70's I only had 800 signatures,
and it stopped 350 units of condominiums in Cutchogue. Then we had more petitions for the airport, which
stopped a big major airport from coming into Peconic, and they weren't even a third of these numbers of names
on a petition.
SUPERVISOR COCHRAN: Excuse me. All the names you have collected, and the Board's position is no
different in a sense. We want to do the best we can. We asked you to two weeks, and then we will come back,
and you can ask the same question again at that time.
NANCY SAWASTYNOWICZ: But my point is that these people on the petition need a new shelter, and that is
what they want.
SUPERVISOR COCHRAN: We realize that.
3/27/01
NANCY SAWASTYNOWICZ: Okay. Thank you.
31
SUPERVISOR COCHRAN: Someone else? ! saw another hand. Before you, Frank, anyone that hasn't
spoken. Anyone that hasn't spoken as yet? ! will take this young lady, Frank, and then ! will finish up with you.
LORI ANDRADE: Lori Andrade. Just one quick question. What about a bond?
SUPERVISOR COCHRAN: Give us two weeks.
LORI ANDRADE: I am.
SUPERVISOR COCHRAN: It is bond. It has to be a bond. In the Capital Budget, the money is not there. Mr.
Carlin?
FRANK CARL1N: Just a quick one on this shelter. First we float bonds from A to Z. That is what ! am saying
now. If we can float bonds on anything from A to Z in this town. ! have seen it through the years. That's it for
that.
SUPERVISOR COCHRAN: It wouldn't be until April 26th. I will have the answers.
FRANK CARL1N: Here's what ! want to finish up on. This is important to me. This is one of my most
important projects in this town. ! was happy to see that an organization finally stepped up to the plate to support
McDonalds, and that is the Mattituck Chamber of Commerce, and ! applaud them for that. This is an issue that
will never go away on me. It was said by ! think one of the members on the Board, that the reason why
McDonalds never got a window, because originally they never requested one. Well, ! am going to prove right
now that they did. Right here ! have a copy of the zoning report back in 1991, November 1991. ! have the
report. Application #3970, dated November 19, 1991, the company... Everybody listening? For a Special
Exemption to the Zoning Ordinance for a fast food restaurant and a drive-through resident window. That was
put in the application back in November, 1991. A week after that in The Suffolk Times, a very nice paper in this
town, the issue after that notice they came out with on the Zoning Board, ! will read it. Southold, the main
event, and battle royal, is scheduled to begin at 8:00 o'clock tonight at the Town Hall, when the third and final
session of a public hearing convenes on McDonalds application for a Special Exemption to construct a drive-
through window. So, let's not anybody say that McDonalds never put in originally for a drive-through window,
and ! will tell you what happened after that. ! will keep it as much as ! can short. They didn't get the drive-
through window, so they canceled out. They dropped it. They couldn't get the drive-through windows. Then
Burger King came along. They tried. Then Linda Fletcher with the NFEC she carried the flag, and gave them a
hard time campaigning in front of the Burger King in Riverhead, gave them such a hard time that they dropped
out. McDonalds came back again, and said, okay, we will take it, and they agreed with...hello, are you
listening? So then they said we will take it. Then the Town come along and said, well, we want special things
done. We want it built to our specification, and that is what McDonalds did. They built the thing the way the
Town wanted. They denied them to build an arch. They put up a New England style building. They did anything
they could to satisfy the town, and they did. Yet the man can't get a four by five foot hole in the wall. The first
week they opened in August of 1995 they donated a $2,000 check to the Laurel School. He does a lot of
donation and things around here. Do you know how convenient that is? ! speak to a lot of people, senior
citizens, how convenient a drive-through window would be in days like today to get out of their car, take a
chance on slipping on ice, on the snow, or a young woman with a family, more convenient just to drive in, to
pick up some stuff without getting out of the car? It is no big deal. ! am going to blame four people for not
giving that man a drive-through window, and that is the way it is tonight, and here ! go. ! am going to blame
four people for that. Number one, ! am going to blame the Zoning Board of Appeals for not at least listening to
the man's appeal. Why do they call themselves the Zoning Board of Appeals when they didn't listen to the
man's appeal. The NFEC for their super star Linda Fletcher. ! wonder what town she is in now stirring the pot,
with the campaigning and demonstrations, hanging out for five years. The Wickham administration for writing
up a procedure here that they wrote up back in 1994. It only took them two weeks to do this. Ruth Oliva knows,
because she was on the Board. ! blame that Board for keeping them down, for not wanting them here at all, and
! blame this Board for not picking up and carrying on, and say, look, let's give the man his drive-through
window. It is not a big deal, and get it over with, and get on with it. ! can't talk to this Board. You have no
manners at all. You are either rattling the papers, you are talking to one another, and you are looking at the wall.
You got no respect for people that come up to speak, and ! don't like that.
COUNCILMAN RICHTER: You don't think that works the other way?
FRANK CARL1N: Well, I listen to what you say when I talk. I listen. I don't go fiddling with everything, or
rattling papers, or talking to one another. It is very impolite. Another thing ! am not here for my health. ! am up
here for something ! believe in, and ! believe in a drive-through window, and it shouldn't be much of a deal for
this town to give them a little four by five window in that room to satisfy a lot of people. It would be more
convenient for them. Many of the towns have it. Why can't we have it? We have only one fast food in all of
thirty miles here, and this is the way the rest of the town is going to operate, this Board, on everything else, then
we are in bad shape. Now, what do you want to say? Say it.
3/27/01 32
SUPERVISOR COCHRAN: Frank, ! don't see how you can blame this Board in particular. He has to go to the
ZBA.
FRANK CARL1N: He did go. They wouldn't listen to his appeal.
SUPERVISOR COCHRAN: That is where it has to go.
FRANK CARL1N: You have the power to make a decision with the stroke of a pen. That man can have his
drive-through window without no Zoning Board of Appeals. You did it in a couple of cases in Southold Town
by a resolution, and don't tell me you didn't. Don't tell me you didn't. If you don't like McDonalds don't go
there. Other people like to go there, but don't deprive them of a little hole in the wall for a drive-through. It is as
simple as that. It is no big deal. Don't say it stops at the Zoning Board of Appeals either, because you people are
elected to make decisions, final decision in this town, not the Zoning Board of Appeals or anybody. You can
override anything. You have the authority, because you are the highest elected people, so don't go saying that
the Zoning Board of Appeals has got to do again, and has to go through the whole thing with a public hearing.
SUPERVISOR COCHRAN: Frank, one point of clarification. ! believe eight years ago, whenever it was that it
was turned down by the ZBA he had the right to appeal, and he never did, and now this many years later he is
looking for an appeal.
FRANK CARL1N: He was turned down.
SUPERVISOR COCHRAN: Just a clarification.
FRANK CARL1N: He was turned down because he couldn't get the drive-through so he gave it up. Then they
were driven out by super star Linda Fletcher, and then he come along, and decided, well, ! take what ! have
here, but my point is he originally put in for a drive-through window, and ! was told more than once that he
never put in originally for a drive-through window, which he did. Do you realize what McDonalds does for a lot
of homeless children, and the Ronald McDonald house, and all these things they do, the charities, the donations
they give. To deprive the man of a four by five foot hole in the wall is ludicrous. It is ludicrous. You ought to be
ashamed of yourself.
SUPERVISOR COCHRAN: Thank you, Frank.
FRANK CARL1N: You ought to be ashamed of yourselves. I sorry to even live in this town forty-seven years.
Don't forget ! got a big announcement coming, that ! promised you two months ago. It is coming up pretty
quick.
SUPERVISOR COCHRAN: May ! have a motion to adjourn?
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 6:05 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