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TB-07/22/1997
SOUTHOLD TOWN BOARD JULY 22. 1997 EXECUTIVE SESSION 9:15 a.m. - On motion of Councilwoman Hussie, seconded by Justice Evans, it was Resolved that the Town Board enter into Executive Session to discuss acquisition of proper~y with representatives of The Nature Conservancy. Vote of the ~oard: Ayes: Supervisor Cochran, Councilman Townsend, Councilwoman Ohva, Justice Evans, Councilman Moore. Also present: Town Clerk Terry, Town Attorney Dowd. 10:10 a.m. - The Board. continued in Executive Session,meetingwith representatives of the Peconic Land Trust to discuss acquisition of property. 10:40 a.m. - The Board discussed the report of Nelson, Pope & Voorhis with regard to the Long Environmental Assessment of Richard F. Mullen I!1 and William Mullen for their change of zone petition. In light of land clearing and tree removal actions on the site, the Board placed a resolution (29) on the agenda to ask the consultant to reevaluate their report and prepare a supplemental review.- The Board discussed the proposal to replace the stairs and landing at the end of Rocky Point Road, East Marion, Bids were solicited, but no responses received. The majority of the Board agreed not to replace the stairs, but to look into the cost of fencing, how to correct the erosion problem, and remove the metal stakes. Executive Assistance James McMahon met With the Board during this discussion and will report back to the Board on the items discussed. 11:25 a.m. - John Sullivan,' 'Chairp;rson of the Board of Assessment Review, appeared before the Board to report of the activities of his Board with regard to their meetings to hear complaints or grievances on the tentative town assessment roll for the tax year 1997-98. 11:40 a.m. - The Board worked on the 1998 budget for' the Southold Wastewater Disposal District.----Councilwoman Oliva reported to the Board on the need to lobby the NYS Department of Transportation for the promised funding for the ten different road run-off project areas. The Town expects the DOT to follow through on their- commitment, as they are particularly important for the baymen. Supervisor Cochran, along with Councilwoman Oliva and Executive Assistant McMahon will meet with the regional director of the NYS-DOT.----Councilwoman Hussie submitted, for the Board's review, the duties and job description of the new position in the Planning Board to be filled by Valerie Scopaz. The description will be submitted to the Suffolk County Department of Civil Service.----Councilman Townsend reported on his investigation into requests for street lights in Highpoint Meadows-. He found that the 'initial, request was based on a vandalism issue, which has been resolved, and the majority of the residents are opposed to street lights in that community.---- Town Board placed resolution 26 on the agenda approving proposed salary upgrades for 1997. for certain employees at the Human Resource Center.----A resolution' (27) was placed on the agenda to execute a Letter of Intention to participate as a partner in an Efficiency Study Grant with the Southold Union Free School District and the Southold Free Library. The Board will take this step, but does not intend to financially bind the Town.----July 30th, 8:30 a.m., was set to interview applicants for 'the Land Preservation Committee and Transportation Committee.----A resolution (28) was placed on the agenda authorizing the Town Clerk to readvertise for a youth member for the Conservation Advisory Council in mid-September when school is in session.----Councilwoman Hussie brought to the Board several Landfill issues for discussion -- different types of permits, possibility of closing one day a week, perhaps Wednesday, and a new type of composting system being used by Malone, New York. 12:40 p.m. - Town Board recessed for lunch. 2:15 p.m. - Work Session reconvened. The Board discussed the proposed Companion Care Program to be instituted by Venetia McKeighan, Director of Human Services. The Board had questions with regard to the proposed agreement, and Mrs. McKeighan will be invited to the August 5th work session to discuss them.----Letter from the SoUthold Yacht Club, Inc. requesting permission to use the Goose Creek Beach parking area for parking during a regatta on July 27th. A resolution (30) was placed .on the agenda granting authorization.----A request from the NYS Department of Transportation for a zoning .map. and zoning code was approved.---- Letter from the Land' Preservation Committee recommending to the Town Board that a referendum in the amount of $2,000,000 be placed on the November ballot for ~.armland preservation. The Town Board will consider this and discuss it again at l~heir August 5th work session.---'Town Attorney Dowd submitted a proposal' for Nelson, Pope & Voorhis to provide environmental review services with regard to the proposed. Wireless Communication Facilities Local Law, and a resolution (31) was I~laced or~ the agenda approving an amount not to exceed $1,500.00.----A. resolution (32) was placed on the agenda to advertise for two members each for the,~f~.llowing ad hoc committees: ^ffor~able Housing Ad Hoc. Committee, Fort Corchaug Fort Area Ad Hoc COmmittee, Fort Corchaug Recreation Ad Hoc Committee. 2:50 p.m. - The Town Board reviewed the resolutions to be vote~i on at the 7:30 p.m. Regular Meeting. EXECUTIVE SESSION 3:35 p,m. On motion of Councilwoman Oliva, seconded by Justice Evans, it was Resolved that the Town Board enter into Executive Session to discuss personnel history' and property acquisition. Vote of the Board: Ayes: Supervisor Cochran, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans, Councilman Moore. Also present: Town Clerk Terry, Town Attorney Dowd. 5:05 p.m. Work Session adjourned. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on July 22, 1997, at the SoUthold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. P~esent: Supervisor Jean W. Cochran Councilwoman Alice J. Hussle Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Ollva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith'T. Terr. y Town Attorney i~a0ry L~ Dowd SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills for July 22, 19977 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $88,85~t.75; General Fund Part Town Part Town bills in the amount of $7,605.07; Community Development Fund bills in the amount of $7,58t[.61; Highway Fund Whole Town bills in the amount of $48,875.11; Highway Fund Part Town bills in the amount of $61,198.82; Ag Land Development Rights bills in the amount of $26,872.59; Fishers Island Ferry District bills in the amount of $7,126.88; Refuse & Garbage District bills in the amount of $61,652.61; Southold Wastewater District bills in the amount of $1,002.82; Fishers Island Sewer District bills in the amount of $1,207.02; Fishers Island Ferry District Agency & Trust bills in the amount of $368.8/~. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman OlJva, 'Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPER.VISOR COCHRAN: A motion to approve the minutes of July 8, 1997, Town Board meeting. Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the minutes of the July 8, 1997, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Set the next Town Board meeting Tuesday, August 5, 1997, at ~:30 P.M; Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the next regular meeting of the Southold Town Board, will be held at /~:30 P.M., Tuesday, August 5, 1997, 'at the Southold Town Hall, Southold, New York. Vote of the Town ~oard: Ayes: Councilman Moore, Justice Evans, Councilwoman Ol|va, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. I. REPORTS. SUPERVISOR COCHRAN: Any of you that have picked up an agenda from out in the hall our standard order of business is RepoFts, which the Town Board. receives copies, of all reports of all committees, and all departments. They are public information. They are available in the Town Clerk's Office. JULY 22, 1997 129 2. 1997. 3. 4. 5. 6, Southold Town Recreation Department Monthly Report for June, 1997. Southold Town Justice Bruer's Monthly Court Report for June, Southold Town Board of Trustees' Monthly Report for June, 1997. Southold Town Police Department Monthly Report for June, 1997 Southold Town Justice Evans' Monthly Court Report for June, 1997. Southold Town Justice Price's Monthly Court Report for June, 1997 II. PUBLIC NOTICES~' None. II1o COMMUNICATIONS SUPERVISOR: I~OCHRAN: We did have some communications. We had a very nice letter - from Senator LaValle, and Tom Tobin, President of Bridgehampton Bank, in relation to Fort Corchaug, the success of it's acquisition. 1. Kenneth P. LaValle, New York State Senator, congratulating-the Town on their purchase of Fort Corchaug. 2. Charles J. Bartha, Acting Commissioner of Suffolk County Department of Work in regard to the investigating traffic conditions at the intersection of Middle Road, CR tr8, and Wickham Avenue in Mattituck. 3. Thomas J. Tobin, President and Chief Executive Officer of the Bridgehampton National Bank congratulation the Town of the purchase of Fort Corchaug. tr. Carol A. Trayno, Resource Development Director of American Cancer Society with appreciation to Ruthanne Woodhull for her participation in Daffodil Days 1997 IV. PUBLIC HEARINGS. 1. 8:00 P.M., on a proposed "Local Law in Relation to Fishers Island Management". 2. 8:02 P.M., on a proposed "Local Law in Relation to Parking on Montauk Avenue". 3. 8:05 P.M., on a proposed "Local Law in Relation to Sound Beach Drive" · tr. 8:07 P.M., on a proposed "Local Law in Relation to Lot Recognition''. V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy, that you may address the Town Board with any input you may have in relation to the resolutions prior to the action of the resolutions. At the end of the meeting,, if there is something you would llke to have input on,. or address the Town Board~ you may do so at the end of meeting on any topic related to Town business. The resolutions, we will begin to act on those. If there is anyone that has any input in relation to resolutions, is there anyone that would like to address the Board at this time? (No response.) Hearing none, we will proceed with the resolutions. 1.-I~)ved by CoUncilwoman Hussie,'seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs HHS Administrators to pay the medical bill from Eastern Long Island Hospital, on behalf of employee Jeffrey Standish, which bill was submitted by the provider more than 90 days after service was rendered. 1.-Vote of the Town Boa rd: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 2.-Moved by Justice Evans, seconded by Councilwoman Hussie, WHEREAS, Farmveu 'Associates has made application to the Town Board of the Town of Southold to dedicate certain roads in Mattituck, New York, known as Farmveu Road, Old Field Court and Harvest Lane and "Drainage Area A" designated on a certain map entitled, "Map of Farmveu Associates", filed in the Office of the Clerk of the County of Suffolk on September 1, 1989 as Map Number 8808; and WHEREAS. the Southold Town Superintendent of Highways has inspected said ' highways and has advised the Town Board that he determines and orders that .said highways shall be laid out in the Town; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York,. consent .be and same is given to the Superintendent of Highways. to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town' Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York-. 2.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 3.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of. the Town of Southold hereby modifies the C;eneral Fund Whole Town 1997 budget to provide funding for paid working vacation in the Accounting & Finance Department: To: A.1310.1.100.300 Accounting & Finance Department Personal Services Vacation Earnings $ 1,z~50.00 From: A.1310.1.100.100 3.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Accounting & Finance Department Personal Services Regular Earnings Councilman Townsend, $ 1, U,50.00 Moore, Justice Evans, Councilwoman Hussie, 4.-Moved by Councilwoman O. liva, seconded by Councilman Moore, it was RESOLVED that the ToWn" Board of the Town of Southold hereby modifies the General Fund Whole Town 1997 budget to provide funding for an increase in Association. of Towns membership dues: To: A. 1920.~.600.600 Municipal Dues Contractual -Expense Dues and Subscriptions $ 75.00 From: A. 1990.tt.100. 100 4. -Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Contingent Contractual Expense Unallocated Contingencies Councilman Townsend, $ 75.00 Moore, Justice Evans, Councilwoman Hussle, 5.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southoid hereby modifies the Ceneral Fund Whole Town 1997 budget to provide funding for a hearing arbitrator, title fees and Town Hall space studies: To: A. 1010.[t. 500. 200 A.1010.4.500.700 A.1010.q.500.800 From: A.1990.~.100.100 Town Board, Contractual Expense Labor Relations $ [tS0.00 Town Board, Contractual Expense Title fees 150.00 Town Board, ContractUal Expense Appraisals /~. 500.00 5. -Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Contingent, Contractual Expense Unallocated Contingencies $ 5,100.00 Councilman Moore, Justice Townsend Councilwoman Evans, Hussie, JULY 22, 1997 t 31'1 6.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town 'Board of the Town of $outhold requests the Suffolk County Department of Public Works to conduct a traffic survey at the intersection CR~8 and Depot Lane, Cutchogue, for the purpose of changing the caution light at that intersection to a traffic light. 6.- Vote of the Town Board: Ayes: Councilman , Moore, Justice Evans, Councilwoman Oliva, CoUncilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 7.-Moved by Councilwoman Ollva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby' grants .... e o ~' i A. permission to /~ss ss r ~na rman Scott Russell and Assessor Darline J. Dully to attend .the introduction to C.I.'S. Seminar at the State University of New York in Stony Brook, on Thursday, August 19, 1997, and the necessary expenses for registration, travel, and meals shall be a legal charge to the Assessors' 1997 budget. 7. - Vote ot~ Board: Ayes: Councilman Moore, Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was ,duly ADOPTED. 8.-Moved by Councilman: Townsend, seconded by Councilwoman Ollva~ it was RESOLVED that the Town Board of the Town of Southold, upon recommendations of the Landmark Preservation Commission, hereby appoints John Architectural Review Committee, replacing Deborah Winsor, immediately through October 17, 1998, he to serve without compensation. 8.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman -OliVa, Councilman Townsend, Councilwoman Hussle, Su This ly ADOPTED. 9o-g the po Iwoman Hussle, seconded by Justice Evans, it was Town Board of the Town of Southold hereby creates Clerk and sets the following salary scale.' Level 1/I/97 7t1/97 _I/I198 Entry 22,216.57 22,216.57 22,216.57 I 25,154.79 25,909.43 27,309.43 2 25,782.36 26,555.83 27,955.133 3 26,575.04 27,372.29 28,772.29 4 27,004.91 27,815.06 29.215.06 5 27.598.06 28,426.01 29,826.01 9.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Councilman Moore. Justice Evans, Townsend. Councilwoman Hussie, 10.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permlssion to Senior Clerk Janice Smith, r, Personnel Assistant Barbara Rudder, and part-time Account Clerk Annette Jordan to attend a one-day seminar from SkillPath entitled, "Building your Skills in Microsoft Excel f6r Windows and Macintosh", Monday, September 22, 1997, at Melville. N.Y., and the $69.00 per person enrollment fee, and necessary expenses for travel and meals, shall be a legal charge to the Accounting F, Finance Department's 1997 Contractual Expenses budget. 10.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Cou ricilwoman Ol|va, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly' ADOPTED. 11--Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Carol Kalin provisionally to the position of Stenographer in the Office of the Supervisor, effective. July 23, 1997, at a salary of $24, 184.14 per annum. 11 .- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend,. Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. COUNCILMAN TOWNSEND: I am going to vote, yes, on this,, but I~have some reservations that I would like to mention. This is a very good-person, that has proved .to pretty= versatile in working in several departments, but she has been part-time up until now. What we are doing is creating a full-time positioni and creating that position we are basically more than doubling what a part-time person makes, because of the benefits, and so forth. ~lt is~ something that, I believe, we should have a procedure for, that we haven't had., Awhile back I made a recommendation for that. in instance, I think, we can justify doing it, but this is the last new position I'll vote for. It's not a replacement position. We don't have such a procedure, t think we need to know if there are any other alternatives. What the history of the staffing of that department has been, a' llst of skills, and so forth. The position should be appointed on that basis. SUPERVISOR COCHRAN: Joe, ! would like to appoint you to bring in these procedures to the Board. COUNCILMAN TOWNSEND: I did on 5/12, Jean. SUPERVISOR COCHRAN: I don't think you did. Beside we are short six part-timers, and two full-timers, and this is a woman who has worked,very well for the ,Town Board, part-time. We are increasing her to full-time, so she can be used as a floater throughout the other departments. She has worked in the ZBA. She has worked for the Trustees. She haS~ worked at the Building Department.. She has worked in Planning Department, so we feel that she is a very valuable employee. COUNCILMAN TOWNSEND: ten years. The staff has increased dramatically over the 12.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Boa rd of the Town of Southold hereby authorizes the transfer of one (1) obsolete 1954 G.M.C. Tank' Truck from the Southold Town Highway Department to the East Marion Fire District for the sum of $200.00. 12.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman OIiva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 13.-Moved by Councilman Moore, seconded by Councilman Townsend, it was RESOLVED that the Town' Board of the Town of Southold hei-eby authorizes and directs the Town Clerk to advertise for bids for the purchase of 10,000 linear feet (more or less as may be needed) of Snow Fence, and 500 (more or less as may be needed) of 6 ft. studded steel "T" Posts for the Southold Town Highway Department. 13.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, COuncilwoman Hussie, .Supervisor Cochra n. This resolution was duly ADOPTED. lq.-Moved by Justice Evans, seconded by Councilwoman Hussle, it was RESOLVED that the Town Board of the Town of Southold accepts, with regret, the resignation of Evelyn M. Kourl, part-time EISEP Aide for the human Resource Center, effective immediately. 14.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans,- Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. JULY 22, 1997 15.-Moved by. Supervisor Cochran, seconded by Councilman Moore, WHEREAS, the Town of Southold remains as one of the most unspoiled and ecologically diverse regions in New York Sate and is characterized by its natural scenic beaut¥~ with pFist|ne beaches, dazzling estaurlne bays. deep and lofty forests of the moraine, productive farmlands and rural charm; and WHEREAS. for decades the Town of Southold has ,embraced the goals of preserving and Protecting these vital natural resources, by implementing: numerous comprehensive land use planning and open space acquisitions program's; and WHEREAS~ over :the, ,last 111 years, the voters of the Town of Southold have authorized the Town of Southold to expend upwards~ of eleven ($1!), mil,liOn dollars for the ~ preservation of open spaces and farmla WHEREAS~, current development trends are )ility of the Town,s agricultUral heritage and rural open spac and WHEREAS~-i the :~, urgency of providing: an immediate and rel|ai~le funding source is paramount concern of the Town of Southold; and WHEREAS~, , ire bills pending in the Senate (S.5/~86~ and the Assembl¥~ of,,:the New York~ State Leglsla~u~e which will the,, esta[ hment of a community preservation fund in the Town Hampton for the WHEREAS~ space initia' WHEREAS~ to Bill': Leg~ alte to a se of preserving open space; and ;outhold demonstrates an equivalent commitment rvation and desires the authority :to /ation fund~ now, therefore; be of ~the Town of So ill A. 8274 and request Ils to include the legislation to enable .serval~ion'f~d; and be it Town Clerk is hereby', direc~e~l 'to tra t Senator Kenneth Thiele, Jr.,,. ~mpton. JUSTICE~,= vote. for transfer ta.~. It w0uL $250.0~1 )iece of Tax: to n Town 'total, and Town, if we had this that over 31% would would have~ to $250 :lng. no~ with an expl find I can,t it's asking to go to a 2~ by the seller on the colst over land that cost over $100.000. numbers to do with Fish&rS ,Isla ~ out that for the sales of last year in now. would have been of been coming from sales of homes on ~Fishers money has been spent, so, s for it. I. also. feel that to pay a tax. but~ the, seller ~s that tax in line. I a tax on everybody, not just the people that pa couNCILWOMAN OLIVA: I think it's very important that we have such a tax, SO that we can buy some of these sensitive lands, and opert space parcels, that w.e did not have any bond money for. I think this is a. good way to start it. ' I think we can develop it, and fine tune it as we go along more equitable, and perhaps Justice Evans woUld be more lento vo~ting for it, but I am voting, yes. because it is~ one step that we I¥ have to take. If we want to preserve our farmland, and our open space~, this is just one tool in which to do it. COUNCILMAN TOWNSEND: I'm voting, yes. This is the third time I voted~ ~/esi, i on a similar bill. I do have some of the same reservation that Louisa had brought up. I do think there should be some sort gradu~te~i way that a.n;ybody can participate in' this sort of thing, on new purchase, sort of a Iii~e a graduated income tax as opposed to one lump, sum~ That way it is falr to every one concerned. But, as people have pointed out, and I think the Supervisor mentioned in the earlier Work Session today, all that has been pald, I think we have $11,000,0000 in open space expenditures that the taxpayers have invested in open space, and the reason people want to be out here is because it is so beautiful. We have JULY 22, 1997 managed to preserve a lot of space. I think this is an equitable way of compensating the taxpayers of Southold, the new people that have come in here, for the exper~dltures that we have already made. That is one justification. COUNCILWOMAN HUSSIE: I have to talk about this, too. I think it's very cute the way this is called the community preservation fund. It's a 2% tax on all purchases of homes over $250,000, and raw land over $100,000. We were told at one point that we would be really be able to make a lot of money on this, and I, too, went to the Assessors to find out. how much money we actually took in, and Louisa's number of $459,000' is the same number that I got. In 1996 the Town of SOUthold would have received . under this sort of an arrangement $t[59,000. In the past fourteen' years :we have agreed to bonds, which is worth about $800~000, so the $[~50,:000 is not going to take away the need for bond. The only reason that ~1 am going to vote, yes, on this is because this is going to be up for ~a referendum, for you all to decide; I personally don~t like to have another.:tax. There are .s(Y many taxes on real estate transactions already, that I thinks: it!s unconscionable. This is another one, but'it has to go ~to referendum~.._and therefore, okay, it's your decision. SUPERVISOR COCHRAN: I would like to make a comment also. As~ Alice said supporting this bills will allow us, as residents of Southold Town~ to vote on this particular 2% tax. The buyer of a house over $250,000, or an empty lot of $100,000 would pay a 2% fee, that would be paid by the purchaser. It's my feeling that we that live in SOuthold have over the ilast so many years approved "bond issues. I think one of the most important things to all of us is preserving Southold, and trying to save as much~as we can. We have invested in our environment, in our future, in.our way of life,, in our qbality of !ire, a.nd I feel that those moving, t~ pa~lng a 2% ;~ax, that .is their investment into out here, because they like the school system, because the' space,: because they like. the way of life, so it its just a little .investment, and catching up to what we already pai The important things, that you learn as much as possible abOut this a.nd if it does pass by the State, and it has to pass.by the Sta will gIve us the opportunity to'put it on for a referendum. Hopefully youi will get all the information you can before then, and then make a vote tl~at,r'ibest suits your philosophy, and your way of thinking. 15.-VOte of. :the Town Board: Ayes~ Councilman Moore, Councilwoman Oliva, Coun~cilman Townsend, Supervisor Cochran. No: JustiCe Evans. This resolution.was duly ADOPTED. C6uncilwoman Hussie, 16.-Moved by Justice Evans, seconded by Councilwoman Ollva, it was RESOLVED that the T~own Board of the Town of Southold hereby modifies the General. Fund Whole Town 1997 budget to appropriate funds for a new stenographer: To: A.1010.1.100.100 From: A. 1990.1~. 100.100 Town Board, P.S. Regular Earnings Full-time' Employees Contingent, Contractual Expense Unallocated Contingencies 16.-Vote of the Town Board: Ayes: Councilman Councilwoman Oliva, Councilman Townsend, Supervisor Cochran. This resolution was duly ADOPTED. $ 12,100.00 $ 12~ 100.00 Moore, Justice Evans, Councilwoman Hussle, 17.-Moved by Supervisor Cochran, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby creates an Affordable Housing Ad Hoc Committee, and appoints the following individuals for a term of one year, effective July 22, 1997 through July 22, 1998, they to serve without compensation: Ju,¥ 22, 997 1 35 Richard Israel Bessie Swann William F. Mullen, Jr. Robert Scalia William Cremers Richard Winters William D. Moore Affordable Housing Builder Executive Director, C.A.S.T. Past Member, Planning Board Realtor Planning Board Member Mortgage Broker Town Board Member COUNCILMAN TOWNSEND: This relates to not only this one, but the next two, also, We hadn't had a chance to discuss it fully during the Work Session in' the morning, and I thought it was going to be pulled. My concerns here are that while these people are fully qualified people to be on this ad committee we haven't in writing outlined the duties and goals of committee. I would like to see it in writing. I would, also, like to have nity to go out for advert!sing, which is our normal procedure new committees. That is t~'ue for this committee, and the fo As I say, there are many qualified people, and if the Board. ~nts. to appoint these people, and then agree to go ou.~t..to advertise for ditional, members I will go along with that. SUP~ERVISORiCOCHRAN: We certainly can do that. COUNCILMAN TOWNSEND: Amend the resolution to advertise for, say, two or three men~bers? TOWN CLERI~ three commiU 17.-Vote of th Councilwomar Supervisor C This resoluti, 18.- Moved by Su RESOLVED Fort Corcha~ individuals f, 1998; they tc Profes., Ellen E Peg W,a Antoni~ Paul H James William Ronnie Dr, Stai Rober Kath 18. - Vote of Cc .,TERRY: We already have a resolution on to advertise for all :es. It's resolution #32. Town Board: Ayes: Councilman Moore, Justice Evans, Oliva, Councilman Townsend, Councilwoman Hussie, chran. was duly ADOPTED. 3ervisor Cochran, seconded by Councilwoman Oliva, it was qat the Town. Board of the Town of Southold hereby creates a g Fort Area 'Ad Hoc Committee, and appoints the ~followlng r a term of one year, effective July 22, 1997 through July 22, serve without compensation: 3r Walter smith arcel ide Booth nter rathwohl )eter s Indian Museum Indian Museum Indian Museum Southold Town Historian Author, For Corchaug Cutchogue-New Suffolk Historical Council Cutchogue-New Suffolk Historical Council Save Fort Corchaug Committee ~se Save Fort Corchaug Committee Soleck Expert on Fort Corchaug Rubenstein A friend of Fort Corchaug Burns Oysterponds Historical Society Lillian White Stirllng Historical Society : Mayne Southold Historical Society Town Board: Ayes: Councilman Moore, Justice Evans, Oiiva, Councilman Townsend, Councilwoman Hussie, Supervisor -This resoluti 19.-Moved by S . RESOLVED: Fort Corcl individuals 1998, they James Richar Ruth~ Richaa Tim ~F Chris Fran :C 0chran. 3n was duly ADOPTED. ~ervisor Cochran, seconded by Councilwoman Oliva, it was ~at the Town Board of the Town of Southold hereby creates a Ig Recreation Ad Hoc Committee, and appoints the following ~r a term of one year, effective July 22, 1997 through July 22, serve without compensation: /lcMahon Hilary . Oliva Ward mph ~ickerell Kujawskl Community Development, Southold Town Trustee, Suffolk County Department of Parks Town Board and Recreation Committee Member Southold Planning Board Member Landscape Architect Cornell Cooperative Extension Science Teacher, Mattltuck School JULY 22, 1997 19.-~e of the TOwn Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 20.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVEO that the Town Board of the Town of Southold hereby grants permission to the Board of Commissioners of the FiShers Island Ferry District to engage the services of Eric Easter, as a part-time Deckhand, effective immediately, at a salary of $5.75 per hour; 20.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, COuncilwoman Oliva, Councilman Townsend, CouncilWoman Hussie, Supervisor Cochra n. This resolution was duly ADOPTED. 21 .-Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby autt~orizes a,n.d directs . HHS Administrators to pay the medical bill Of Charles 'T. Krug, submitted by Raytel Cardiac Serv:i~es:moher than 90 .d.a. ys after the date of service. 21 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Cou!ncilWOma n Hussie, Supervisor Cochran. This resolution was duly ADOPTED.- 22.-Moved by Justice Evans, 'seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of 'Southold hereby authorizes an appraisal, at a fee not to exceed $2,5000.00t of the properties known collectively as "The Silver Sand Motel", for a certiorari proceeding for the tax years 1995/1996, 1996/1997, 1997/1998: SCTM~f1000-[[5-6-1 1000-[[5-6-2 1000-[[5-6-8 1000-[[7-2-1 1000-[[7-2-8 1000T[[7-2-9 1000-u,~-2-11 1000-[[7-2-12 1000-[[7-2-13 1000-[[7-2-1[[ 1000-[[7-2-15 22. -Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, COuncilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 23.-Moved by Councilman Moore, seconded by Councilwoman Oliva, Pt was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 11, adopted on July 8, 1997, appointing Lori Shelly as Mini Van Driver for the Human Resource Center, whereas Ms. Shelly declined the position. 23.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 24.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Marvin Knight as a Mini-Van Driver for the Human Resource Center, - effective immediately, 17-1/2 hours per week, at a salary of $6.[[6 per hour. 24.,-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 2S.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Richard C. Ryan as Chairperson 'of the Southold Town Land Preservation Committee, effective immediately through July 3, 1999, he to serve without compensation. JULY 22, 1997 137 25.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Cot~ncilman Townsend, Councilwoman Supervisor Cochran. This resolution was duly ADOPTED. 26.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby ~dl les the Salary Structure contained in .the Agreement by and between the Town of Southold and the Civil Servlce Employees Association, Inc. for the titles and effective dates'tndicated as follows: Cook* Level 711/97 II1198 Entry 21,792.63 21,792.63 24,277.08 25,677.08 24.763.04 26,163.04 25,250.41 26,650.41 26,807.45 28.207.45 28,,173.57 29,873.57 Assistant Cook* Level 7/1/97 1/1/98. Entry 18,6~.8 18,633.80 20,726.80 22,126.80 21,946.20 23,346.20 23.274.80 24,674.80 24,676.20 26,076.20 26,223.20 27.623.20 Home Health Aide* Mini Bus Driver** Level Entry 1 4 5 Level 7/I/97 1/1/98 15.826.98 15,826.98 16.922.44 I8.322.44 17,522.4,1 18.922.44 I8,122.44 19.522.44 18,722.44 20.122.44 19,322.44 20.722.44 7/1/97 1/1/98 Entry 13,326.98 13,326.98 14,422.44 15,822.44 14,822.44 16,222.44 15,222.44 16,622.44 15,622.44 t7,022.44 16,022.44 17,422.44 26.-VOte of the Town Board: Ayes: Councilwoman Ollva, Councilman Supervisor Cochran. This'resolution was duly ADOPTED. Councilman Moore, Justice Evans, Townsend, Councilwoman Hussie, 27.-Moved by. Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute the necessary documents with regard to the Town's particlpatJon in an Efficiency Study Grant in' accordance with Education Law Section 3602-111 [h) and Commissioner's Regulation 175.32 for the purpose of studying collaboratlon -or consolidation of programs, services and/or activities wlth the Southold Union Free School District and the Southold Free Library during the 1997-98 school year. 27.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolutlon was duly ADOPTED. JULY 22,, 1997 28.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for resumes for one youth member for the Conservation Advisory Council to fill the vacancy caused by the resignation of Chrlsty Paliouras,-to June 18, 1998. 28.- Vote of the Town, Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Ol|va, Councilman TOwnsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 29.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Nelson, Pope F, Voorhls, LLC, at a cost not to exceed $500.00, to conduct a supplemental environmental review with regard to the petition of Richard F. Mullen III and William H. Mullen for a change of zone; cost of said review to be paid by the applicant prior to the commeni:ement of the review. 29. - Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hus~, Supervisor Cochran. This resolution was duly ADOPTED. 30.-Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Yacht Club, Inc. to use the Goose Creek Beach parking lot on Sunday, July 27, 1997, during the "Carol Smith Regatta", provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 30.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 31 .-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that the Town. I~oard of the Town of Southold hereby engages the services of Nelson, Pope ~; Voorhis, LLC, at a cost not to exceed $1,500.00, to provide environmental review services to the Town Board with regard to a proposed "Local Law in Relation to Wireless Communication Facilities". 31 .-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 32.-Moved by Councilman T~ownsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two members for the Affordable Housing Ad Hoc Committee, two members for the Fort Corchaug for Area Ad Hoc Committee, and two members for the Fort Corchaug Recreation Ad'.Hoc Committee. 32.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 33.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Carol Lynn Betty to the position of Adult Day Care Supervisor, effective July 23, 1997, at a salary of $28,508.68 per annum. 33.- Vote of the Town Board: Ayes: Council man Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 139 ' JULY 22, 1997 34.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Edward Forrester to the position of Director of Code Enforcement, effective July 23, 1997, at a salary of $~5,000.00 per annum. 34.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Cochran. No: Councilwoman Hussie. This resolution was duly ADOPTED. COUNCILWOMAN HUSSIE: I have to explain. We hired Mr. Forrester to enforce the Code. I think the Code needs a lot of enforcing, and it hasn't all been done. Now, he is going to be managing the Building Department. I'm afraid that there is going to be a terrific erosion of time and effort, and the Code Enforcement will perhaps lle by the wayside, so that's why I am voting, no.i Nothlng against Mr. Forrester, it's just that I don't llke the ble~nding of both jobs. 35.-Moved by Councilman Moore, seconded by Councilwoman Oliva, it was .__ RESOLVED that the Town Board of the Town of Southold hereby places Neighborhood Aide Karen McLaughlin on Step ~ of the salary structure of the CSEA COntract, effective July 1, 1997. 35.-Vote of the Town Board: Ayes:. Councilman Moore, Justice Evans, Councilwoman ' Oli~/a, ~Councilman Townsend, Councilwoman Hussie, Su.pervisor C. ochran. This resolution ~Waslduly ADOPTED. SUPERVISOR COCHRAN: May I have a motion to recess? Moved by Councilman Hussie, seconded by Justice Evans, it was RESOLVED that a recess be called at this time, 8:00 P.M., purpose of holding a public hearing. Vote of the Town Board: Ayes: CounCilwoman ' Ollva, Councilman Supervisor Cochran. This resolution was duly ADOPTED.- Councilman Moore, Justice Townsend, Councilwoman for the Evans, Hussie, Reconvened at 8:10 P.M. SUPERVISOR COCHRAN: We will go back to our resolutions. 36.-Moved by Justice Evans, seconded by Councilwoman Hu~sie, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter I~!~ of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Fishers Island Harbor Management", which adds a new Chapter 33 to the Code of the Town of Southoid to create a set of boating and harbor regulations specifically for Fishers Island.. The proposed law has been determined not to have a significant effect on the environment, because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. 36.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervrsor Cochran. This resolution was duly ADOPTED. --- 37.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 2ttth day of June, 1997, a Local Law entitled, "A Local Law in Relation to Fishers Island Harbor Management"; and WHEREAS, a public hearing was held on this Local law on the 22nd day. of July, 1997, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 19 1997, which reads as follows: LOCAL LAW NO. 19 - 1997 A Local Law in Relation to Fishers Island Harbor Management BE IT ENACTED, by the Town Board of the Town of $outhold as follows: I. Chapter 32 (Boats, Docks and Wharves.) of the Code of the Town of $outhold is hereby amended as follows: 1. Section 32-30 B is hereby amended as follows: B. The following rules and regulations shall apply to all waters within the Town of Southold and to all waters bounding the Town of Southold to a distance of one thousand five hundred (1,500) feet from the shore; provided, however, that they shall net apply to waters within or bounding an incorporated village of the town to a distance of one thousand five hundred (1,500) feet from the shore or to waters to a distance of One thousand five hundred (1,500) feet of Fishers Island. 2. Section 32:35(C)(2) is hereby deleted as follows: .T-he.fellewing,.regulatiens-shall-a pply-enl.y4e-.Hay- HarbeF (a)_--Water-skiinD-is-t~er-mitted-a fter--5~O© .P: m.-en-weekdays-and:all-day Sa[urday..and~Sunday.unless-erganized--waterfrent-aetivitie$-are-I~lanned by4he-Hay-Harber-Glub.- (b)- Water_skier-s-.will-fellew-a-i~attern-established- bY-~he-fir-st-beat-te eta r4-skiing~-~e.-r~le6kwiee-er--6eunter~le6kwise: (c) . Skiers will-remain-a-miRimum-ef-ene-hundred (-18(;~feet-h:em-any de6k or-sher-eline.- 3. Section 32.39.2 (Anchoring and mooring in West Harbor and Hay Harbor) is hereby deleted as follows: A. AlPbeats-temperarHy-aneheredJn-WesFHa~ber--and-Hay-Harbe~ .at-Fi shers-lsland~shalPan6her-in-a n-area-a ssigned-by4he-F-ishe~s Island-Her. bet-Gem mitte~ / 4 ~ An6he~ing-shal I-net-be-.permitted4er~-6entinueus-~eried-ef meFe4hen three-(3)-days-unles$.-aulheri~ed-by-the-Bay Constabl~ whi6h-a~the~iz~atien-may-enly-be-6jranted-fer-emer~e~cy situa~ien,~. B.-P-er-manent~moor-ing s-in -West .Harbor--and- Hay- Harber-at-F-isher-s Island~ (4-)-¢,lI-permanent-meerings-shalLbeJe6ated -south- ef. Buey-Ne.-~ (_2)_Ne.19er:manen[_meeHnD shell_be-pla6ed .anless-a~ther-i~ed-by-a permit duly issued:by 3-1~ay-Censtable-er-Beputy-er--As$istant Bay Ce~stable~ (3) Tq~e-fellewing-feesshall-.be-paid-fer-t he-issuan6e-ef-a-meer'in¢ permi~ .Siz~ef-Beat Per-mit-Fee Up4o 28-feet 26-feet-te-3~5-feet ©ver-35-feet All-nonresidents -$ 6~00 $-1~8:©0 -$3QQ¢Q (4,)_Ail_meer. inf:+.pe rmit ~-shall-exlaire-en- Deeember-@-1-ef-the-yea~ ef-issuanee. (_5.)_T. he..leeatier~.ef_each-meer-ing-shall-be-assi§r~e~t-by-the-F-isher-s Isla r~G-Hacber- Gemmitt ee~--which .shall- be-appeinted-by-t he-¥ewr~ Bear<l: (6)_AIl_meer_i~9-bueys-shall-be-assigr~e~l-a4qumber-whieh-shall-be a ffi.x, eCte _the. buey-by- the-i~ermit t ee-imr~umber.~-at-least-five-(5) ir46hes-irYheight. II. Southold is hereby added as fellows: Chapter 33 (Fishers Island Harbor Manaqement) of the Code of the Town of 1. Section 33-1 (General Provisions) is hereby added as follows: A. Title/Applicability. This law shall be known as the Fishers Island Harbor Mana.qement Law, B. Applicability. Unless otherwise provided, each provision of this law relating to Fishers Island shall apply to all waters adiacent to Fishers Island, Town of Southold, from the mean high water mark to a distance of fifteen hundred (1500) feet from the. shore. 2. Section 33-2 (Traffic Control Authority) is hereby added as follows: The Bay Constables, Fishers Island Constables, the New York State Police and other law enforcement officers shall have authority to contrel waterborne traffic as specified in Chapters 32 and 33 of the Southold ToWn code and other applicable state and Federal statutes. 3. Section 33-3 (Fishers Island Harbor Committee) is I~ereby added as follows: The Town Board creates a Fishers Island Harbor Committee to recommend policies for the manaqement of the waters bounding Fishers Island and to 'assist in administration of this Chapter..The membership shall represent a wide ran.qe of .qroups interested in and using the waters bounding Fishers Island. Members shall be appointed for a five year term. The Committee shall meet a minimum two times per year. prior to and after the boatin.q season. Notice of the meetin.q shall be posted 10 days in advance. 4. Section 33-4 (Speed and Wake Regulation) is hereby added as follows: No vessel shall be operated in a manner to create a wakewhich could endan.qer or disturb persons or property in any areaof of Fishers Island waters. No vessel shall be operated at a speed greater than five (5} miles per hour in desi.qnated speed zones or within three hundred (300} feet of shore, pier. anchored or moored vessels, launchin.q ramps, mannas, sailboa! race, .o.r. other con.qested areas. 5. Section 33-5 (Water Skiinq) is hereby added as follows: A. Water skiinq is prohibited in all areas where speed ~n excess of five (5) miles per hour is prohibited. B. The following re,qulations shall apply to Hay Harbor: (1) Water skiin,q is permitted after 5:00 p.m. on weekdays and all day Saturday and Sunday unless orqanized waterfront activities have been approved by the Bay Constable. (2) Water skiers will follow a pattern established by the first boat to start skiinq, i;e.. clockwise or counterclockwise. C. Skiers will remain a minimum of one hundred (100) feet from any dock or shoreline unless they approach or depart perpendicularly, to or from the shor.eline solely for the purpose of commencin.q or endin,q the ride. 6. Section 33-6 (Anchoring and moorinq in West Harbor and Hay Harbor) is hereby added as follows.: A. All boats temporarily anchored in waters bounding Fishers island shall anchor in an area established by the Fishers Island Harbor Committee. subject to the followin.q: (1) No anchorinq is permitted in inner West Harbor or Silver Eel Pond. (2) No overnLqht anchoring is permitted in Hay Harbor. (3) Anchorin.q Shall not be permit[ed for a continuous period of more than three (3) consecutive niqhts within any fourteen (t4) day period within an anchora.qe unless authorized by the Fishers Island Bay constable, which authorization may only be .qranted for emerqency situations. (4) No boat shall be so moored or anchored that it at any time rests Within any channel or interferes with the full use of such channel, nor shall any boat be moored or anchored within fifty (50) feet of.any dock, pier or other boat dockin,q facilities. B. No permanent moorin.qs shall be placed unless authorized by a permit duly issued by the Fishers Island Bay Constable. An annual moorin,q sticker issued to the permittee by the Fishers Island Bay Constable indicates authorization of the permit. (1) The location of each moorin.q shall be assiqned by the Fishers Island Harbor Committee for waters boundinq Fishers Island, The COmmittee shall consider optimum use of available space, vessel safety, environmental protection, impacts on shoreffont property owners, whether the moorinq will be used for vessel storaqe or livin.q aboard, and the size and class of vessel, while asslqnin.q moorinq locations. (2) The fees for a moorinq permit shall be those established by resolution of the Southold Town Board. (3) All mooring permits shall expire on December 31 of the year of issuance. (4) All mooring buoys shall be assi.qned a number by the Fisher's Island Bay Constable, which shall be affixed to the buoy by the permittee in numbers at least four (4) inches in height. (5-) The committee wilt maintain the mooring plan for West Harbor. 7. Section 33-7 (Use of a Vessel as an Abode) is hereby added as follows: A. Use of a vessel as an abode, whether at a dock, in a designated anchorage or on a mooring designated for a live aboard use, is, permitted for three ('3) consecutive nights within any foudeen (14) day period. B. The Town Board authorizes the Fishers Island Harbor Committee power to allow temporary exernptions to length of stay restrictions, by considedn.q the location of the vessel, o.verboard discharges associated with the vessel and the reasons fo_.cr requestin.q the exemption. ~3. Section 33-8 (Mooring Maintenance) is hereby added as follows: A. All moorings are subiect to random nspections by a Bay Constable Or his designee who may require hauling, repair or replacement for worn or defective tackle. B. Moorings failing an inspection, or missing a buoy. or otherwise defective or unsafe shall not be used until the condition is corrected. C. If unsafe conditions persists'or the mooring is abandoned, the Bay Constable shall order and direct the removal of the tackle. In the event the owner fails to remove the tackle-within ten (10) business days, the Town may cause the tackle to be lifted and removed. The expense of such removal shall be a lien and charge on the property of the boat owner until paid and shall be collected in the same manner and the same time as other Town charqes. 9. Section 33-9 (Allowable Special Use of Private Moorinqs) is hereby added as follows: Permittees may make their vacant mooring available to their ,quests upon notification of and permission from ihe Fishers Island Bay Constable or his designee, for a period not to exceed three (3) consecutive nights within any fourteen (14) day period. Permission shall be granted if the guest .vessel is of compatible or like size to the vessel for.which the moorir~g was approved and can be accommodated with the approved moorinq tackle and within the approved mooring circle. (~1) Live aboard .quest use of a private mooring shall be limited to the mooring field in West Harbor designated by the Fishers Island Harbor Committee for live aboard use. Such use is subiect to the provisions governing use of vessel as an abode. JU.LY 22, 1997 10. section 33-10 (Rafting) is hereby added as follows: Rafting on a single mooring will only be permitted for not more than three (3) boats during the daylight hours and two (2) boats at night, providing it'does not interfere with adiacent single moorings or anchorages, or.navigation of Other boats. Owners or operators of rafted vessels shall not leave the raft unattended and shall be available to tend to the vessels in the event of.heavy weather. 11. Section 33-11 (Discharge of Refuse) is hereby added as follows: It shall be 8 violation of the law to dischar.qe any untreated or improperly treated sewage, refuse or waste matter, petroleum product or by-product, paint, varnish, dead animals, or debris within Fishers Island waters or adiacent shores. 12. Section 33-12 (Unnavigable boats: hazards to navigation) is hereby added as follows: A. Any boat Which becomes a menace to navigation or unseawodhy or sinks, grounds or otherwise becomes disabled or incapable of navigation shall be removed or restored to navigable condition by the registered owner upon notice from the Southold Town Board or its designated agent, which notice shall be' either by personal service or be certified mail addressed to the registered owner's last known address as given by him or as stated in his certificate of registration. B. If such boat is not removed or restored to navigable condition by the owner within one (1) week after the mailing of said notice. the Southold ~row, n _Board orits designated agency may direct the removal or destruction of the boat, and the cost of said removal. including storage charges, shall attach to and shall become a lien upon said boat, and said boat. may be sold, Upon directi0Q of the court, at Public auction to defray said'e×per~ses, anY surplus be ng.re'turned to the owner of record. Tl~e'town shall not be liable for any damaqe done ~o said 50at durin.q its removal, storage and sale. 13. Section 33-13 (Invalidity of Provisions.t is hereby added as follows: Should any provision of this law be adjudged by any court of competent jurisdiction to be invalid, such iudgment shall not affect, impair, or invalidate the remainder of this law, but shall be confined in its ol~eratiOn to the claUse, sentence, paragraph, sectiOn or part thereof directly involved in the litiqation in which such judgment shall have been rendered.. 14. Section 33-14 (Penalties}. is hereby added as follows: A. It shall be unlawful for any person, or agent of any person, to fail to comply with any provision of this ordinance or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pu¢suant to this law. t 4.5 JULY 22, 1997 B. For every offense against any of the provisions of this law or any re.qulations made pursuanl thereto, or failure to comply with a written notice or order of the Ba~, Constables within the time fixed for compliance therewith; any person, or any other person, or aqent of such, who commits, takes part or assists in the commission of any such offense or who shall fail to comply With a Written order or notice of the Bay Constables shall, upon congiction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.00) or by imprisonment for a period not to exceed six ('6) months, or by both such fine and imprisonment. Each day's continued offense shall constitute a ,separate. additional violation. III, This Local Law shall take effect upon filing with the Secretary of * Underline represents additions Strike[brough represents deletions 37.-Vote of the Town Board: Ayes: Councilman Moore, Justice Councilwoman : Oilva, Councilman Townsend, Councilwoman Supervisor Cochran. This resolution was duly ADOPTED. Evil'S. Hussie, 38.-Moved bi WHEREAS, Sou[hold Law In WHEREAS, day of Jul opportunity RESOLVED which read~ as · seconded by Councilwoman Hussie, presented to the Town Board of the Town of of July, 1997, a Local Law entitled, "A Local on Mort[auk Avenue"; and g was held on thls LOcal Law on the 22nd whlch time all interested persons were given an now, therefore, be it Board hereby enacts Local Law NO. 20 1997, LOCAL LAW NO. 20 -1997 A Local Law in Relation to Parking on Montauk Avenue BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 92 (Ve[~|cles ~;' Trafflc)-of the Code of the Town of Sou[hold is hereby amended as: follows: 1. ArtiCle Section 92-~11 (Parking prohibited at all times) is :led as follows: · Street Side Location Mot :Avenue West At Fishers Island, starting-D3~ 559 feet south of the intersection of Crescent Avenue, and extending southerly for a distance of-2-1~- 188 feet. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underline indicates addltlon Strike[brough represents deletion 38.- Vote of the Town Board: Ayes: Councilman Councilwoman Oliva, Councilman Townsend, Supervisor :Cochran. This resolution was dul. y ADOPTED. Moore, Justice Evans, Councilwoman Hussle, 39.-Moved by Councilwoman Hussie, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Sou[hold, on the 8th day of July, 1997, a Local Law entltled, "A Local Law in Relatlon to Sound Beach Drive"; and WHEREAS, a public hearing was held on this Local Law on the 22nd day of July, 1997, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 21 1997, which reads as follows: LOCAL LAW NO. 21 - 1997 A Local Law in Relation to Sound beach Drive BE IT ENACTED, by the Town Board of the Town of Sou[hold as follows: I. Chapter 6~ (Parking at Beaches) is hereby amended as follows: 1. Section 65-2.(B) is hereby amended as follows: B. The following road end areas are hereby designated as Town of Sou[hold "Parking by Sou[hold Town Permit Only" areas: JULY 22,-1997 1. Section 65-2. (B) is hereby amended as follows: B. The following road end areas are hereby designated as Town of Southold "Parklng by Southold Town Permit Only" areas: Sound Beach Drlve, Mattituck, north side, from the Intersection of Inlet Drive westerly for a distance of 200 feet. II. This Local-i--~--shall take effect upon filing with the Secretary of State. * Underline represents additions. 39.-Vote of the Town Board: Ayes: Councilwoman Ollva, Councilman Supervisor Cochran. This resolutlon was duly ADOPTED. Councilman Moore, Justice Townsend, Councilwoman Evans, Hussie, q0.-Moved by CoUncilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, ~tate Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter IUI of the Code of the Town of Southold,. notice is fu~t;.hr given that the Southold Town Board, in conductlng an uncoordlnated r.e. view of this' unllsted action, has determ|ned that ther'e wlll, lbe no ~slgnlf~cant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law In Relation to Lot Recognition", which amends Chapter 100 (Zoning) of the Code of the Town of Southold by automatically recognizing the creatlon 'of'!-Iots.whlch were created by deed prior to 1983 if those lots re.et the size~ ,requirements of the zone in whlch :ithey were .located at the= time they. w~re ;eeate~ . The proposal has been determined not to have a sign~fiCar~~ ~f~fect on the environment because an Environmental Asse~sment'f°rmlha~ submitted and' reviewed al~d the Town Board has concluded effect on the environment is likely to occur should the F implemented as planned. q0.- Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, COuncilwoman Ollva, Councilman Townsend, Councilwoman Hussle, Supervlsor Cochran. This resolution was duly ADOPTED._ ql.-Moved by Councilwoman Oliva, seconded by Councilman Moore, WHEREAS, there was presented to the Town Board of the Town of 5outhold, on the 2qth day of June, 1997, a Lo~ai Law entitled, ~A Local Law in Relation to Lot Recognition"; and WHEREAS, this Local'Law was referred to the Southold town Planning Board and Suff01'k COunty Department of Planning for recommendatlons and reports, ali in accordance with the Southold Town Code and the Suffolk County Charter; and WHEREAS, a public hearing was held on this Local Law on the 22nd day of July, i~97;, a't~ which time all interested persons were given an .opportunity to be 'heard thereon; now, therefor, be it RESOLVED that the Town Board hereby enacts Local Law No. 22 1997, which reads as follows: LOCAL LAW NO. 22 - 1997 A Local Law in Relation to Lot Recognltlon BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Town of Southold Bulk Schedule AA is amended as follows: Date of Lot Creation Bulk Schedule AA Town of Southold Lot Size Width Depth (sa. ft. ) ('ft.) (ft.) Prior to April 9. 1957 Any Any Any Between April 9. 1957. and December 1, 1971 20.0©0 ~O -l~O A Residential Zone: B ;& 8-1 Business Zones: .9-2 Business Zone: Multiole-Residence Zone: C Industrial Zone: t2.500 100 Any - 500 50 Any ~0.O00 50 Any 12.500 100 Any 12.500 100 Any JULY 22, 1997 1-47 Between December 2. 1971, and ;June 30, 1983 40,Og~ 135 175 · A ReSidential Zone: 40.000 M Liqht Multiple Residence:. 40.000 M~I MultiPle Residence Zone: 80.000. B-Liqht Business Zone:. 20.000 B-1 General Business Zone: 30,OOQ. C-Liqht Industrial Zone: 40.000 C-1 Heavy industrial Zone: 200,000 135 175 135 Any 20Q Any 6Q Any 15q Any 200 Any 3QQ Any 2. The Title of Section 100-24 Lot Creation is hereby amended as follows: § t00-24 Lot Gceat-ie~ Reco,qnition II. State. * Underline represents additions Strikethrough represents deletions -Vote of the Town Board: Ayes: Councilwoman Oilya, .Councilman Supervisor Cochran. This resolution was duly ADOPTED. This Local Law shall take effect upon filing with the Secretary of Councilman Moore, Justice Townsend, Councilwoman Evans, Hussle. JEAN SANFORD: No, I didn't, SUPERVISOR COCHRAN: ! wish you had spoken up. JEAN SANFORD: We weren't allowed to speak this morning. SUPERVISOR COCHRAN: You could have said, no, that you didn't understand, and then I would have explained. When you are going through ~ zone change there are forms that you have to fill out in relation to the environment, and we have this Nelson, Pope ~ Voorhis do the Job for us. They went down, and they evaluated the environmental aspect of this property, Now, we are ready to take action, and decide whether it should be further investigated environmentally, or the information we have now is enough, and that is a negative or positive dec. After seeing, and sharing all the Information wlth us about what has happened down there, and ! know that a lot was cut, I don~t know to what level it had been cut, when you first came in and saw me, and we immediately.. I called Ray Jacobs immediately. It was not on the Town right-of-way, we sent the inspector down immediately. It's residential property. Now, in residential SUPERVISOR COCHRAN: No, Jean, that's why this morning after we took the action, I said, do you understand what happened here? JEAN SANFORD: I am Jean Sanford, and I live down at Locust Lane; and we have been devastated by the removal of these ancient 300 year old trees, and today we came into the Town Hall expecting some word about the NVP report, which said, r~o trees could be touched, or anything 100 years old shouldn't be touched. The place is full of honeysuckle, Norwegian Pines, and all in this report, and it gave us good hope that..you know, thls is a very bad thing that happened, and they shouldn't be rewarded for this. Whoever did it, I don't know who did It, but it was ~posslbly orchestrated. Just because it is done we were fearful that It wouldn't count, and when you order to have a new study I didn't understand exactly what it meant, and ! like you to explain why the new study, and I hope it won't just wipe away the fact that..llke it was there, and the preservationists would back us. Right7 They would say, don't touch it because it's there. Now it's that iUs gone they will say, it's gone, so..weql have a parking lot, and just get out the macadam. SUPERVISOR COCHRAN: At this time, if there is anyone in the audience that would like to address the Town Board on any topic of Town government, please, feel free. JULY 22, 1997 property you can clear your property. If it's commercial, you can not do that. You have to come before the Planning Board, and get a site plan, and part of that Js taken care of. In this report from Nelson, Pope and Voorhis, my feeling, and the Town Board's feeling, the land has been altered since this report was done, so we would llke an update with the property with the way it is now, before we make a decision that he has to ? · go further with an environmental study or' not. Okay. In this study here, Jean, it says, the property should be buffered..It' says~ that there is no opposition from the-neighborhood. That is why it is going back 'to. Voorhis to relook at the situation, because, as I said, the Situation has changed. It has changed because of actions taken. JEAN SANFORD: And I don't want us to suffer, because of these actions that were taken, because it is a dreadful thing, and I don't care if it is residential, or whether it's commercial. SUPERVISOR COCHRAN: There are Codes that govern both. We will let you kn6w when the next report comes back, because when he gives~us the addition to this report we are still going to have to look at the same action of requesting that the applicant go further, or we are happy with what's been presented to us. So, we certainly will let you know When it comes on the agenda, and you certainly may come and listen again. JEAN SANFORD: I hope that this first report, that the good thing out of the first report count for not allowing him downzoning. SUPERVISOR COCHRAN: There is a whole process when someone applies for a zone change. May I call upon the Town Attorney to relay the entire process, so you understand what we have to go through before we can reach..these is a public hearing. There is various things. Laury, would you explain the whole process? TOWN ATTORNEY DOWD: First there is an environmental review that will provide the Town Board with informatlon as to the Environmental Impacts of this proposed action. Then the Town Board will review it, send it to the Planning Board, and tO; the_County Plannlng Board for comments, and the Town Board will hold a public hearing, and receive comments, and .they will evaluate everything, and only at that point will they decide. SUPERVISQR COCHRAN: Just watch, and when we get to the public hearing part, that is the time When everyone comes in,. and expresses their feelings about the zone change. Is there anyone else that would like to address the Town Board? Yes, sir? Mr. Martin? FRED MARTIN: Fred Martin. Mrs. Terry faxed letters to me this morning. You may be mistaken on one portion of it as far as the histOrical fact that was on the house originally there. I will find out by tomorrow morning. I am having the original faxed .of the original plaque faxed ~out to me. Moving on with this parking lot, it's going to be all the way from the video store all the way up to 7-11. It is now encroaching on the residential neighborhood, which I~live down in the neighborhood, and Councilman Moore, you live down there, too. It's not right what has happened up there with Junie Albertson, whether he had the trees cut down, or whoever had them cut down, it never should have happened. It's an absolute disaster up there, and from my understanding, and I stated in my letter to you this morning, it's rumored, and this is my rumor, that I am hearing, that they are going to end up plowing down ali of Colonial Corners, and fill the whole parking lot all. the way through there. Correct? SUPERVISOR. COCHRAN: i don't know the specifics. FRED MARTIN: Somebody better start looking into it, because Colonial Corners was originally made up of, I got to think, Katie Dourocher's house, and a couple of other homes there, and then Junie Albertson put in the buildings back there. You got the dry cleaner back there. It's nice. It's quaint. The last thing I want is bunch of lakes up there in cars stretching all the way from the video store to 7-11. 7-11 is a mess enough as it Is. Okay? Now, there is a point if you had brought up on your resolution here tonight, 29, accepting the proposal of'Nelson; Pope, Voorhls, there is one point in here, the rezoning of R~t0 portion of the site is an intrusion into the neighborhood. It should be mitigated through JULY 22, 1997 1~49 the retention of vegetation, landscape screen, and maintenance of some setback between the residential and commercial use. Als0, if a new parking lot is used to store dealer cars site lighting may intrude on the community during nighttime hours should be limited. On the next page, similar there is limited potential impact. SUPERVISOR.COCHRAN: Wait a minute, You are not understanding I don't think, Fred, because number 29 is accepting their Proposal to do the further study that we need on this report for an X number of dollars. We didn't accept it. We-have to say to the guy, we want to hire you, and this is the moneyj and we have to do it by Town Board resolution. So, that is what number 29 is. There is nothing hidden there. FRED MARTIN: This portion of this is gobbledegook, because it goes on and it says, it is really an intrusion, and then on the second page,~ well, gee, it's okay to do that. It's like, who is paying who to do what? There is something, wrong here, and I don't really know what it is, and I would really love to find out. SUPERVISOR COCHRAN: There is no hidden agenda here. He works ~or us. I would like to encourage you to come to the public hearing. This is where we want everything for the record of this particular action. Okay? FRED MARTIN: Now, on~ other question, the trees that were taken down, I am :under the understanding, and this is from a Town employee who ! will not mention, .which i don't think would be fair, so I would like it to be checked out, that those trees were on the right-of-way. SUPERVISOR COCHRAN: The minute Jean came in I called Ray Jacobs, and he said, no, that they weren't on the right-of-way. That is one of things we checked immediately, because we could have ceased immediately. It was not on the right-of-way. It's on privately owned property in a residential zone. FRED MARTIN: Thank you very much. I appreciate it. SUPERVISOR COCHRAN: the Town Board? I~s there anyone else that would like to address MELANIE SANFORD: My name is Melanie Sanford. I live on Locust Lane as well. If there is going to be a supplement to the review 1 was Wondering why couldn't an independent reviewer be hired for the' job? Basically there are many things in the old review that we do agree with, and are happy with, and how they could have reached the conclusions, you know, it seems that something is conflicting. I thought if it is merely supplementing one, why can't we hire someone else to do that for us? SUPERVISOR COCHRAN: This man is independent. This is an independent firm. The Town hires them to do this study for us. MELANIE SANFORD: Are there no other independent firms, that can be- hired for thls job? i mean, just to make sure that there is no question that someone is going to do a' thorough investigation of it, and then we can do proper comparison study. I mean how can somebody say, well, these are my findlngs, and I am going to be very objective, and these are my second findings, and I'm going to be very objective, these are my second findings, and I am going to compare both of my particular findings. I mean even scientists 'do independent studies, to measure their work against, you know, how accurate it is. I just wanted to suggest that perhaps we could .find somebody else to do the job, because there might be a problem there. Do you thi:nk that could be a consideration? SUPERVISOR COCHRAN: They are a firm that is independent, and are hired by the Town Board 'to do the study. MELANIE 5ANFORD: Would you be open to the idea of another independent firm? I see, I donlt know what line it was, they are doing some other work as well for the Town. I don't know. You mentioned it tonight. SUPERVISOR COCHRAN: For the towers, yes. MELANIE SANFORD: Is there no other worthy firm out there? COUNCILMAN MOORE: The applicant has paid once for the environmental study. We are asking for an entire environmental study done again. We asked him to go back and reevaluate their conclusions in light of the fact that information has changed before we were asked to make a decision, so if I sat there and told you as a scientist before I make my decision, well, the facts in which you operate are different, please, go out and examine the factual situation. It.wasn"t as it is now, when they gave us their report. MELANIE SANFORD: I think it's still valid though that a person asked to go back, and reassess a site being that they have done the job prior. SUPERVISOR COCHRAN: have :been made. But, they will reassess with the changes that MELANIE SANFORD= Actually, again, is it possible to get another indeper~dent firm? How about an addition, because I think the Founder"s Landing area would like to feel. like ali bases are covered, and that if you want to hire them again to do another supplement perhaps, and maybe~'~t our own expense, because I know it's $700, I think it Was, $700 or $1000. to have the review done. Possibly we could compare it in that respect. It's a serious thought. I have one more thing to relay. SUPERVISOR COCHRAN: I think you have to keep in mind, that the Town Board ultimately is going to make this decision, not Voorhis. We are going to evaluate what he presents to us, but there is other factors that enter into this, which we will learn at the time of the hearing, because there will be presentations done both pro and con. We have to weight. COUNCILMAN MOORE: We haven't even decided whether or not the environmental review process is going to stop short under the information provided in this twelve page form, that the information is sufficient, and it would have a negative impact on the environment, and proceed from there, or whether or not based on information and possibly supplement information, that we require additional environmental information from the applicant. We haven't even crossed that bridge yet. MELANIE SANFORD= I am eager to hear you discuss the findings as well. I was here this morning because I wanted to hear you discuss the issues. I hope at some point that this original review will be discussed, because I think there are some valid points, and I was looking forward to that this morning. Unfortunately, nothing in the body was discussed. COUNCILMAN MOORE: In all fairness the guy's conclusions are now questionable, and in light of that the facts have ~hanged. One of his primary com. ments was, i.n light of the fact that those trees, and there is buffer.rig, ~f you are going to do this in an environmental standpoint you are exactly right. Consider and maintain buffering. Now the facts have changed. We will see how he reacted to that. MELANIE SANFORD: I guess, I will try to say it just one time, I just thought that there were som~ things that were interesting in the review, and I wanted you to address them, SUPERVISOR COCHRAN: We will be looking at all it, and we will be addressing ali of it in addition to the supplement which he will prepare for us, because of the land changes that have taken place. -COUNCILMAN TOWNSEND: writing, by the way. You are welcome to put your comments in MELANIE SANFORD= Just a note on the tree trimming. I have to say |t happened July 15th. It was a Tuesday, 1:35 P.M. in the afternoon, because I had just come home for lunch, going back to work, and there were two Orange trucks parked on the side of the road with cones around them, and I believe the name of the truck Asphan, and I stopped because I was startled by the sight, and there were men trimming the tops of the trees, and I said, what is going on at the end of the road, and the men said, we are trimming the trees to get ready for a parking lot. There is going to be a parking lot here. I kind of said, well, there goes the neighborhood, and when I came back that evening the deed was done. I mean, the trees were cut. It didn't look llke a trim to me, and I am just concerned because I thought the Suffolk County Planning Commission has jurisdiction over anything that is 500 feet from a State road, and I just wondered if anybody bothered to check with Steve Jones, or Dr. Lee Koppleman about the trees, and just wanted to mention that. SUPERVISOR COCHRAN: Thank you. Is there anyone else who would ilke to address the Town Board? ANDREW MANET: My name is Andrew Manet. I am research director of the Long Island Neighborhood Network an islandwide environmental organization with several members here in the Town of Southold, and some of our neighbors asked us to come in and address the Board .this evening concerning the proposed downzoning. I just wanted to point out that State Environmental Quality Review Act, the SEQRA, has set a very broad standard of what has to permitted declaration, and certainly the kind of affects~ that these people are already semng from just the beginning on th project are showing a 'definite significant effect on the character of. 'their community, and SEQRA just requires that a negative declaration be round'if effect on the environment. So, it seems,~ 'quite ask the people in this room whether there has l~een a signifi already has been one. So, that~ a negative declarati~ n!y .seems ~to be the most obvious course in this case:from the onsets. COUNC~I.LMAN MOORE: I think you mean a positive. ANDREW MANET': .l':m sorry, a positive declaration. I'm sorry. SUPERVISOR COCHRAN: It works opposite. The Board will be making that decision when the additional iriformation we asked for comes back. Also, the letters that we received to date will be sent to Mr. Voorhis in relation to the whole situation, so-he has a complete file on everything that we have as he goes down to look at it a second time. ANDREW MANET: I jus~ Rave one other question here, saying that the areas that. the trees were cut down on |s a residential zoned area, 'and not subject to t~ee trimming, or cutting? So, the Town doesn't have any tree preservation program for residential? SUPERVISOR COCHRAN: On commercial, and we plar~t trees, but you own a piece ~of property, and you want to cut down your trees you have that right· Is there anyone else that would like to address the Town Board? You will have opportunity, just watch the paper, or perhaps, Jean, when the hearing is schedui.ed, please, come in. NANCY ZlTO: My name is Nancy Zito. I live adjacent tc~ the lot that will eventually., that they wanted to change to commercial zoning. The only other problem is, now that the trees are gone, there is nothing you can do about the trees, but there is very hazardous traffic problems, and the .traffic problem is coming from around the corner on Cottage Place, Mullen Motors around in fror~t of my house and road, and it has gotten to a point where, you know, we run outside and check our cars, and check our kids, because a tractor trailer is barreling down the road, that there is nobody in the way. It has become very dangerous. I realize that if this property is downzoned to commercial it will only make it worse. I can't see that happening. I just want to see someone to do a study for..there is nothing really said, just very vaguely they mentioned about the traffic, but nobody.~l mean, a traffic study should really be done. There shouldn't be any large tractor trailer trucks coming down residential streets. There are also deli~/ery trucks come around the corner from Hobart. SUPERVISOR COCHRAN: What is happening is they are going down Hobart, and going across the two blocks to residential properties, and then coming up Locust, and parking there. Now, Jean did bring that to our attention· Also, she was concerned with the trucks, and so forth, so I informed the Highway Superintendent Ray Jacobs, and he has posted some signs. Jean, I don't I~now if this has improved anything or not. You have to tell me. You live down there. There were signs put up. We did a Local Law, no parking on Locust. NANCY ZITO: There is no sign. No parking all the way to Korn Road. SUPERVISOR COCHRAN: I don't know how many feet we did it. NANCY ZITO: 390 feet, and would be half way through the Schelln's piece of property, and there are no signs. SUPERVISOR COCHRAN: We'll check, because they are usually put up immediately. So, I can't understand this, and I wilt give Mr. Jacobs a call. NANCY ZITO: I want to know if traffic problems are going to be a ca nsideration? COUNCILMAN MOORE: That issue would be raised even in the form of the DEIS. SUPERVISOR COCHRAN: Or we could raise it, too. We could raise it in the SUl~plement, revisit the traffic problem. BARBARA ADAMS: My name is Barbara Adams. I have property at 315 Cottage Place. I am directly next door to Mullens south parking lot. I wanted to oppose the zoning change. Since 1990 the traffic is so hazardous. The trucks, half way into my driveway, it's very dangerous. You know, I could not have my grandson out in my yard for any reason at all. The proposal, if it should go through and there is a parking lot in my backyard, what kind of a neighborhood is that? This is Southold. This is not New York City. It is just out of control, and besides looking out at floodlights in my window, it just is not the way that it was. The reason that I bought the house there, I knew there would be problems, but due to the zoning laWs the way they were, I felt I could deal with the problems as tong as the business stayed the way it was, you know, without significant increases. So, that's where we are. SUPERVISOR COCHRAN: Thank you. Remember you are more than welcome when we have the hearing for this input. Yes? DEBORAH SOTO: My name is Deborah Soto, and I'm also on Locust Lane in Southold, and I am very disappointed because we just had a brand-new house built there, and I was never informed from Century 21 that this is going to take place. I think what .is disappointing, also, is fears that they have to have all traffic wise trucks blocking my driveway, and it shouldn't be. It should only be for emergency use, and you know, at the beginning it was nice living there, looking at these beautiful trees, and now it just feels like a horrible thing. SUPERVISOR COCHRAN: Is there anyone else who would like to address the Town Board at this point? DAVID LISS: My name is David Liss. I reside at 315 Cottage Place, and I would just like to add that in the environmental assessment that you should look into the noise barrier that the woods provide, because, you know-, late at night, as you all know, the kids are at 7-11. You know, it's ridiculous what goes on the~-e at night, and it does block out a lot of noise. It really should be considered in the environmental assessment. I do believe that she made a good point, that someone else should do it, because as you mentioned also things were questionable that were assessed, so you should consider another study. Thanks a lot. SUPERVISOR COCHRAN: Is there anyone else that would like to address · ? -the Board on any other topic in relation to Town Board business: (No response.) If not, I will. ask the Board for Board reports, and I will start on my right with Judge Evans. JUSTICE EVANS: Just thank you to the Board for passing the Harbor Management Law for Fishers Island. SUPERVISOR COCHRAN:- Councilwoman Hussle? COUNCILWOMAN HUSSIE: I am not going to talk about the transfer station. My favorite topic, it is just on my mind, because we got the plans back from our engineers, and also, a hint about how much it is going cost, and if we are going to be doing it soon, I think. SUPERVISOR COCHRAN: Councilman Townsend? COUNCILMAN TOWNSEND: We had another meeting of the Street Light Committee. Actually it was over the phone. But, it is an interesting issue. The Street ~ Light Committee theoretically meets to review request for street lights,~ and in a small rural town, that is an issue, because as you point out While they create a certain sense of security, they can also create' an annoyance if they are shining in your window. S;o, when we get a request for the addition I street lights we weight it caret~ull¥. There is also the add[tlOn cost that goes to the, general taxpayers by .paying..for the electricity from LILCO, as yo~. know is not the I~ast. expe~ts~v~ utihty. I always ;Iobk at these .thing w~th an eye towards turmng them down unless Resource Center, and we al inked Ed For is : end of a on how to issues at the and : al!ow the Building building permits, and ~ be taken up by;Mr. For ., neXt Tuesday night. ;s a. rea, which that property " ss~' zone, as w~ll as the possibility of others. We are effected if d' ' ar ~scusslng .e the B, which is whit the in here, and weql allow before. some i Plann ng in both TI cer and is a .aS rned. in le 'of get the I~nd and .~ worked ust delighted that we Plan done. Manage very State. The Depat a~ help, and Laury'is help to plan in chapter in the Code just Fishers and this way we can that ation. I was has fi~nal y we had a Inlet .Wor~ in.~ ordel Inlet; ~ve the jetty as it is? beach at all? But, we ble to we are going to ! from ti~E as soon as the budget will have an and we will be r , the people :rvisor Cochran their co these bluffs ~d qe data that will be ma, the ble to them. But~ Acam ~nal study that we |~, information on do ,11!54 JULY 2-2, 1997 with the bluffs on the Sound. We, also, had a Code Committee, that I am sure Bill Moore will report on about cellular towers, and that progressed very nicely, because our moratorium is going to be up before we know it, so we have a lot of work to do. 'Otherwise, they had a nice weekend at Save the Bays. The kids and their sailing had a wonderful time, and they had more people out then ever, so it was very nice. Thank you. SUPERVISOR COCHRAN: Thank you, Ruth. Councilman Moore? COUNCILMAN MOORE: Just following up the Code Committee, we did meet last week, and we had good progress on our law regarding wireless towers uses, and we are meeting .again this week', trying to forge ahead, and get the draft and final form, so we can move on that thing. Make one final comment, :.and that is, i have been carrying-a torch on my own with the Villaae of' Greenport, regarding information, :and I continue to be astounded', and c~umbfounded, ~that a request for infor.matlon can. be ignored~, ~nd excuses can be gwen as to why information ~snt prowded, This is function of being an academlc~questi0n for information. I~ve ask.~.ci just because I~m curious. I really am interested in the information that ig out there, and I can hon I am now angry~ over the del.a~y. I · have no desire to litigate have been .getting excuses questions, just out of interest because to fy; ~. Will been Come join us'at the 'CO~E talk about I towers. a lawyer,' but I can not to respond; it is Town Board request, lisagree with me,~ be 'understating [the informatlo~, they should have 'Thursday ~ Weql SUPERVISOr iRAN: Okay. It sounds dso, attended I would like to shar.e in Orient with the ¢ ha: for our employees, ru to tr to We feel hurt We: the] and. then our Ir it s. :safer It is ight trip, to have y. ~They They can over but we 3n to ~ a '.ncy and of one hool, ~ad a and sti of then: you have vote against it. ! think we .I more..I would like to see both land rights, but at least the 'farmland because the property stays on the tax and fermi rights rolls, and that is BCLISS are o to of tion and feel ~ition or little bit p~pular in JUlY 22, 1997 155 relation to our taxes. Also, it is being supported by the Land Preservation Committee. So, we will be talking. You will be hearing more about that as the Town Board further discusses that. I had the opportunity to go to Riverhead Town Hall, and meet with some of their people in relation to recreation. It was myself, and Ken Reeves, and Jim McMahan from Southold, and it was two Little League people from the North Fork, and also, Riverhead was Russ Crowder, who was Deputy Supervisor, but he is in charge of overseeing the budgets of the Rec Department in Riverhead. We have 600 kids that play Little League in the Town of Southold. We have more than the Town of Riverhead. There !s a very strong feeling within the group~ that they would like to bring these ballfields to one area. It gives them an opportunity in playoffS, and now the r it is broken., out there is Mattituck Little [League, and :fie League,. and C;reenport, or wherever, and if they get into ' can't .~lraTM from those other leagues, but they could draw from within their league, and so forth. We sat down. We talked about it, and Mr.~ Crowder is (. be sending me some and 'ks and playground '. It seems a ;nt heads do ~) I want to thank ~ certainly will keep in touch with you, Jean. ng us. We ~ou said that they were going to put lights on, electric just wondering, are you going down on Mill Colony Road, Road, is that where you are going to extend these lights? COUNCILM~N' TOWNSEND: I think I misunderstood. I actually said, we weren't going to put lights. I don~t want to talk about the community that requested it, but at this point we are not putting additional lights. We are hesitant to put additional lights.. JEAN SAN FORD: Thank you. I thought you were going to put them down there. SUPERVISOR C'OCHRAN: .Jean, wE get requests from time to time. You notice in Southold Town most of the lights are on curves, or on intersections where it is kind of traffic kind of contrbl things, and it gives an indicator. That's how I always tell when I ride through Southold ToWn, if there is a street light there has got to be a road there. Really, ~ and it kind of helps motorists as you drive along. You know all of us don~t drive by street road names, at least I don~t. You say, the big house, then make a right at the split in the road, we give directions. That's part of country living. Before I n to adjourn, we would llke to end tonight's meeting' with a We lost David E. Walker, a member of the Creenport he has served in the past in public service. So, the Town memory of David E. Walker former Greenport Village 4d Town Assessor. Thank you for joining us. M. Cochran, seconded by Councilman Moore, it was this Town Board meeting be and hereby is adjourned at Town Board: Ayes: Councilman Moore, Justice Evans, Councilman Townsend, Councilwoman Hussie, Cochran. duly ADOPTED. Judith T. Terry Southold Town Clerk