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HomeMy WebLinkAboutTB-09/02/1997SOUTHOLD TOWN BOARD SEPTEMBER 2. 1997 WORK SESSION Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie, Councilman Joseph L.. Townsend, Jr., Councilwoman Ruth D. Oliva, Justice L.ouisa P. Evans, Councilman William D. Moore, Town Clerk Judith T. Terry, Town Attorney L.aury L.. Dowd.. 9:10 a.m. - Senior Planner Valerie Scopaz, Data Processing Equipment Operator John Sepenoski, .Assesor Chairman Scott Russell, and Assessor Robert Scott, met with the Town Board to discuss the proposed License Agreement between the Suffolk County Real Property Tax Service Agency and the Town for the purpose of obtaining certain digital data sets from the Agency's computer data base, otherwise known as the Suffolk County GIS Basemap, in order to enable the Town of Southold to use such data. Without this agreement the Town cannot access important geographic data. Board members objected to the necessity of such an agreement, and before moving forward, would like to prepare wording to reflect their protest. Councilman Townsend agreed to prepare something for the September 16th Board meeting. 9:35 a.m. Senior Accountant John Cushman met with the Board to review the proposal of WorldCom to provide local and long distance telephone services to the Town. After a call to the State Comptroller's office, it was determined the Town is required to go to bid for these services. Town Attorney Dowd will prepare the bid specifications. 9:45 a.m.- Director of Code Enforcement Edward Forrester met with the Town Board to review his survey of other towns for a comparison of permit fees. His report will be referred to the Code Committee. 10:05 a.m. The Board took up the following For Discussion items: A resolution (1} was placed on the agenda appointing Assessor Chairman Scott A. Russell to the Affordable Housing Ad Hoc Committee.----A resolution (16) was also placed on the agenda reappointing David Horton and John Sidor Jr. to the Agricultural Advisory Committee, as well as a resolution (17) to advertise for two new members of that committee. ----The Town Board reviewed a letter from Jack and Peggy Foster, Cutchogue, asking the Town to take action with regard to wedding receptions being held at Pellegrini~s winery, their neighbor, with amplification sound systems and loud music. The sound is so great that it blocks out ~ven causal talk in their yard and living room. The Town Board will ask the Code Committee and' Director of Code Enforcement Forrester to look at the regtHations with regard to events being held at the wineries.----Councilwoman Oliva submitted a proposal to extend the moratorium on telecommunication towers for another two months. It was thought there would not be enough time to circulate the proposed local law to the Town and County Planning Boards to permit a public hearing to be held on September 16th. However, prior to the q:30 p.m. Regular Meeting Councilman Townsend spoke to County Planning who agreed to handle it by fax, and a resolution (28) was added to the agenda to hold a public hearing.----The Board reviewed the recommendations of the Planning Board with regard to the ?Local L.aw in Relation to Telecommunication Facilities" and agreed to make the Planning Board's suggested changes to the law (resolution 13}.----The Board ~e×t reviewed the Part III Environmental Assessment Form on the telecommunication law, and directed Town Attorney Dowd to have the consultant prepare a Determination for the September 16th Board meeting. 10:50 a.m. Solid Waste Coordinator James Bunchuck met with the Board to discuss the STOP Program facility hours, 8:00 a.m. 4:00 p.m., Tuesday and Saturday, The Board agreed that to add to those days would require additional personnel, at additional cost. Instead, they asked Mr. Bunchuck to develop a public relations campaign to encourage residents to take advantage of the facility, and not throw was held with regard to the hazaFdous waste in with their garbage.----Discussion replacing'~ Mary Mulcahy, Recycling Volunteer, and a position description will be developed by Mr. Bunchuck so the Town Board can advertise the position. 225 SEPTEMBER 2, 1997 11:25 a.m. - For Discussion items continued: The Town Board .asked Town Attorney Dowd to prepare the necessary local law to make the Transactional Disclosure Form a requirement' under the Ethics Code.----Councilman Townsend brought to the Board's attention the fact that the public is denied access by boat at Long Beach at Orient State Park. Only those persons who enter the park and pay the admission fee may access that area of the park. He asked that a letter be sent to Bernadette Castro, NYS Commissioner of Parks, asking that regulations be modified and a new policy be developed with regard to boaters. Historically, until recently, boats have anchored off shore and the public has accessed the beach.----The Board discussed a proposal from Steve Ridler, NYS Department of State, with regard to the Department of State's Scenic Areas of Statewide Significance (SASS) program, which was recently presented to the East End Mayors and Supervisors, The proposal covers an Environmental Protection Fund Application for a regional survey, and would cost between $150~000 and $200,000 for the east end, and is based on an estimated of $20,000 per town for the su~rvey work and $50. 000 for the preparation of supporting documentation, including detailed descriptive narratives of the subunits and the candidate, scenic areas, photographs and mapping, as well as public information meetings during the 'survey work. The Town Board expressed their interest, but on the suggestion of Council,Woman Hussie, will suggest the cost be based upon the population of each town.----The Board received a request from Bell Atlantic NYNEX Mobile to lease space on the Town tower behind police headquarters. The request has been sent to PSDIII Raynor for analysis, and will be discussed further when his response is ,,received.----Councilwoman Hussie announced that the Town does not need to build a transfer station. We are shipping less than 12,500 tons of MSW per year, an.d is only required to register as a Solid Waste Management Facility. She has received confirma'tion from Tony Cava of the NYS-DEC, who told her he has never,?s~en the Town of Southold facility as a problem, and would approve the registra' will' be pursued and an application filed.----Councilwoman Hussie re to Albany to view the AgBag. She will now proceed to gather info' ~n fo~ ting the system at the Disposal Area.----Councilwoman Hussie also p~resented a plan for reconfiguration of the recycling area at the Disposal Area, and mad~ a ,report on the meeting with the NYS-DEC regarding closure of the in a memorandum from Thomas Maher of Dvirka and Bartilucci Cons~ .~,--~The Board set 8:30 a.m., Wednesday, September 10, 1997, for inte ~ws Of ~[Icants for the Transportation Committee.----Placed a resolution (20) on ':t'he ag~enda to advertise for members of the Anti-Bias Task Force.----Placed a re~l~t~i0o ;(~21)' onl the a~genda to appoint Deborah Win!sor, Chairman of the Land~ia~l~ PreSer~ati0n i Commi~ssion to the Fort Corchaug Ad Hoc Fort Area commi!ttee.-~-~Placed ~ resolution (22) on the agenda to reassign Charles Tyler from full-time:!to pa~t-ti;me ~SD. 12:40 p.m. Recess for lunch. 2:00 p.m. - Work Session reconvened, and the Board discussed setting a fee for a farm stand. Director of Code Enforcement Forrester suggested between $35.00 and $50.00. A resolution (24) was placed on the agenda to set the fee at $35.00.--LetterfromRiverhead Town Director of Community Development with regard to the proposed Calverto~ Enterprise Park was discussed. Riverhead Town would like · a resolution of support from Southold Town for their application for the designation of Calverton Naval Weapons Industrial Reserve Plant as an Economic Development Zone, which-would provide numerous incentives to businesses locating within the designated zone. Councilman Townsend said he would like to see wording to the effect that Riverhead provides for interstate commerce, and he will prepare such wording for the next Board meeting.----Supervisor Cochran reported that she has been in communication with Senator Kenneth L_aValle's office, and they advise her that they feel they could double the funding 'for Goldsmith's Inlet study to include a study of the entire Long Island Sound shore of Southold Town. She will be working with the senator's office to accomplish this. 2:45 p.m. - The Town Board reviewed the resolutions to be voted on at the 4:30 p.m. Regular Meeting. EXECUTIVE SESSION 2:55 p.m. On motion of Justice Evans, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session to discuss employment history and litigation. 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. 3:40 p.m. - Work Session adjourned. 224 REGULAR MEETING A Re~lular' Meeting of the Southold Town Board was held on September 2, 1997, at the Southold Town Hall, Main Road. Southold, New York. Supervisor Cochran opened the meeting at D.:30 P.M. with the Pledge of Allegiance .to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd Absent: Justice Louisa P. Evans SUPERVISOR COCHRAN: Can I. have a motion to approve the audit of the bills of September 2, 19977 Moved by Councilwoman Huss|e, seconded by Councilwoman Oliva, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $62,191.38; General Fund Part Town bills in the amount of $4,215.10; Community Development Fund bills in the amount of $120,000.00; Highway Fund Whole Town bills in the amount of $5,022.87; Highway Fund Part Town bills in the amount of $6,412.~; CHIPS (Highway Part Town bills in the amount of $89r~88.50; Capital Projects Account bills in the amount of $535.00; Ag Land Development Rights bills in the amount of $250.00; Employee Health Benefit Plan bills in the amount of $10.63; Fishers Island Ferry District bills in the amount of $15,609.93; RefUse & Garbage District bills in the amount of $102,231.63; Southold Wast.ewater ~District bills in the amount of $645.77; Fishers Island Sewer District bills in the amount of $543.33; Southold Agency & Trust $8,977.94. Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Can I have a motion to approve the minutes of August 19, 19977 Moved by Councilwoman Hussie, seconded by Councilwoman Ollva, it was RESOLVED that the minutes of the August 19~ 1997, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, CounciLman Townsend, 'Councilwoman Hussie. Supervisor Cochran. This resolution was duly ADOPTED. ~UpERVISOR COCHRAN: A 'motion to set the next Town Board meeting for Tuesday, September t6, 1997, at 7:30 P.M. Moved by Councilwoman Hussie, seconded by Councilman Town~end, it was RESOLVED that the next regular meeting of the Southold Town Board, will be held at 7:30 P.M., Tuesday, September 16, 1997, at the Southold Town Hall r Southold, New York. 'Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. SEPTEMBER 2, 1997 225 I. REPORTS. SUPERVISOR COCHRAN: We receive each month from the different departments and committees reports. They are filed with the Town Clerk, If there is any area that you are interested in, they are certainly public infOrmation, and available for your perusal. 1. Southold Town Justice Price's Monthly Court Report for July, 1997. 2. Southold Town Planning Board' Monthly Report for June, 1997. 3. Southold Town'Planning Board Monthly Report for July,-1997. II. PUBLIC NOTICES 1. New York State Department of Environmental Conservation, Notice of Complete Application of John B. Dwyer to construct an addition and bump out and concrete patio to existing single family dwelling. Proposal to be 27' and [~0' from the wetland boundary. The project is located at 2625 Bayshore Road, Greenport, New York. Comments to be received by September 19, 1997. III. COMMUNICATIONS. SUPERVISOR COCHRAN: We have several communications, kind of thank you letters for the services at the Human Resource, and a thank you to the Police Department for a quick response down to the Maritime Museum in Greenport. 1. Dennis D. Claire, Jr. with commendation of the excellent services provided at the Human Resource Center. 2. Morion E. Wiggins, Chairman of the Board of the East End Seaport Museum and Marine Foundation with appreciation of the Southold Town Police for their prompt response to a break in at the museum. IV. PUBLIC HEARING. None. V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy in relation to resolutions. We will begin to act on resolutions. If there is anyone that would like to address any of the resolutions, please feel free to share it with the Board at this time. Mr.~ Carlin? FRANK CARLIN: Ladies and gentlemen of the Boar~d. Frank Carlin, Laurel. After being away so long my volume has dropped. It takes awhile to build it up. Resolution #10, $2,000,000, you know it's alright for farmland preservation and open ?pace, but I think we are getting a little bit carried away with this thing. You know it's easy to float a bond for $2,000,000, but you got to remember, you got to pay interest on these bonds. What are we going to do with all these bonds that we float in this town, when they mature? Where are we .going to get all this money from to pay them back? That's only one reason. Too much open space is not good either, it's good to have some, but not too much. You buying that one million one a while b~ck on one, and we spent $23,000 an acre. To me you get too much open space. It's just not right. I don't how I can explain this, but a town can't only survive on open space. You got to have business to survive. It's going to get to a point where unless you are a millionaire, or a four or five bagger, you are not going to be able to live in this town. What I mean by that is, people who are retired, both retired, both on Social Security, and the fifth bag is the one that is investments in stock. Thatms the only way you are going to live in this town. All of this open space, look at the open space, like i said, it's good to have some. Reach a happy medium. All this open space don't put food on your table, and pay your taxes, or jobs. I could talk more on this but this is a resolution, I have got other things I got to say tonight. I am going to cut it short this time, but we got to watch it. You can go overboard on this. We just saved $2,000,000 by not having a transfer station, thanks to Alice Hussie here. Don't need a transfer station, we saved $2,000,000 on that, and now you are going to go and ask for a bond here for $2,000,000 for open space. You got to remember, you lay out money, or borrow, llke a bank, you got to pay it back some day. Where is all this going to come from? Incidentally, how much interest do we charge on these bonds? SEPTEMBER 2, 1997 SUPERVISO, R COCHRAN: We go out to bid, Frank. FRANK CARLIN: On the average, eight, seven percent? COUNCILMAN MOORE: Five percent. FRANK CARLIN: That's still five percent on $2,000,000, and then when they mature you have to pay it back. Where is all this money going to come from all of a sudden? I could continue on this subject. I will in the future, but I want to keep this short. Someone else may want speak. You go to watch lt. Open space is nice. In the future, let's reach a happy medium on it. Let's not get carried away with it. SUPERVISOR COCHRAN: Thank .you for your comments, Frank. Anyone else like to address the Board on any of the resolutions? (No response.) If not, we will take action on the resolutions. 1 .-Moved by Councilman Townsend, seconded by Councilwoman Hussle, 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 Buildings & Grounds through the end of the year: To: A. 1620.1.100.100 Buildings & Grounds, Personal Services Full Time Regular Earnings A. 1620.1.100.300 Buildings & Grounds, Personal Services Full Time Vacation Earnings A. ! 620.2.500.200 A. 1620.4.100. I00 A.~1620.4.100.300 A. 1620.4.400.600 Buildings & Grounds, Equipment Va'6hum Equipment Buildings & Grounds, Contractual Expenses Miscellaneous Supplies Buildings & Grounds, Contractual Expenses Janitorial Supplies Buildings ~Grounds, Contractual Expenses Equipment Maintenance/Repairs $ 20,000.00 I, 124.00 660.00 lO,O00.O0 1,000.00 5.000.00 From: A. [ 620.1.100.200 A. I990.4.100.100 A. 7110.1.100.100 Buildings & Grounds, Personal Services Full Time Overtime Earnings $ 1,124.00 Contingent, Contractual Expenses Unailocated Contingencies 8,660,00 parks, Personal Services Full Time Regular Earnings 28,000.00 1.- Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 2.-Moved by Councilwoman Hussie, seconded by Councilwoman OIIva, It was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1997 budget to appropriate donations held in Trust & Agency account for the Office for Women: To~ Revenues~ A.2705.40 AppropriationsL A.61~2.~.400.100 Gifts F, Donations Other Donations $ 1,0~10.00 Office for Women, Contractual Expense Workshops, Support Services $ 1,0~0.00 2.- Vote of the Town Board; Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SEPTEMBER 2, 1997 3.-Moved by ~ouncilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the following items for 1998: Milk for the Human Resource Center Food for the Human Resource Center Police 'Department Uniform Clothing Cleaning Uniforms-of.the Members of the Police Department Gasolin~ for Town Vehicles Heating Fuel ~il for Town. Buildings DieSel Fuel :Oil!for Highway Department and Disposal Area Removal' and DiSposal of H~)use.hold Hazardous Waste from Collection Center Rel~oval of SCrap Tires fr~om D,sposal Area Removal of Scrap Metal from DiSposal Area Town: Yellow Bags 3.-Vote of, ' Ayes: Councilman Moore, Councilwoman Oliva, Iwoman Hussie, Supervisor Cochran. This resolution WaS 'ED. 4.-Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby approves the 'amount of $49,608.00 for a performance bond for roads and improvements in the minor subdivision of Russell Pelicano at Bayvlew, SouthOld, all i'n accordance with the recommendation of Engineering Inspector Richter and the Southold Town Planning Board. ~.-Vote of the Ayes: Councilman Moore, Councilwoman Oliva, ~cilwoman Hussie, Supervisor Cochran. This res iD. 5.- Moved to the SUffolk Human Resource water, in and I of 5. - Vote Cou~ This ri Jnci[man MOore, seconded by Councilwoman Oliva, it was ToWn. Board of the Town of Southold hereby- SuPervisor Jean W. Cochran to execute an application Wa[er Author ty for connection of the Southold Town 750 Pacific Street, Mattltuck, N.Y., to public of. the Authority's installation of free water mains J application all in accordance with the approval Ayes: Councilman Moore, Councilwoman Oliva, :ilwoman Hussie, Supervisor Cochran. PTED. - 6.- Moved by RESOLVED that authorizes and Agreement Southold to ext March 31, 1997' seconded by Councilman Townsend, it was Board of the Town of Southold hereby Jean W. Cochran to execute an Extension County office for the Aging and the Town of of the C.S.E. Housekeeper Chore Service from arch 31, 1998, on a fee for service basis at the rate of. $10.30 pe, r hour for the Budget Period and shall not exceed $18,136.00 in the ;late; said agreement all in accordance 'with the approval of the' 6.-Vote of Ayes: Councilman Moore, Councilwoman Oliva, Cour Hussie, Supervisor Cochran. This resolution was duly PTED. 7.-Moved by CoUncilman Townsend, seconded by Councilwoman Otiva, it was RESOLVI~D that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Master Agreement on Terms and Conditions of Accepting Airport Improvement Program, Gran.t.s,r as required by the U.S. Department of Transportation, Feder;al Aviation Administration, for incorporation into every Grant Agreement for Elizabeth :Field, Fishers Island, New York. COUNCILMAN TOWNSEND: This is on the airport over there. Improvements have to be made from time to time, which are funded by the Federal Aviation Administration. 7.-Vote of the. Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle. Supervisor Cochran. This resolution was duly ADOPTED. 8.-Moved by ~:ouncilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 1997 Solid Waste Management District budget as follows: $ 3, 000 Maint. John Deers 744 Payloader SR 8160.4.100.550 ~udqet Line Tires (Payloader/Truck) SR 8160.4.100.525 $ 2, 000 Tub Grinder Maint/Supplies SR 8160.4.100.595 Tires (:Payloader/Truck3 SR 8160.4.I002525 S 2,000 Tub Grinder Maint/Supplies SR 8160,4.100.595 E-Z Pass Account SR 8i60.41.100.'585 $ 2, 000 Tub Grinder Maint/Supplies SK 8160.4.100.595 Maint/SUpply 8t6~ Compactor $ 25O Maint-Eacilities/Grounds SR 8160.4.100.800 Main~/Mack Tractor SR 8160~4.100.59~ S 1,000 Administration/Overtime SR 1490.1.100.200 Paut Time Employees/Regular Earnings SR 8160.L.200-100 8.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Supervlsor Cochran. This resolution was duly ADOPTED. Councilman Moore, Justice Evans, Townsend, Councilwoman Hussie, 9.-Moved by Councilwoma..n Hussie, seconded by Councilwoman Olive, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Lauren C. Cundiff, Day Care Driver, effective August 19, 1997. 9.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Olive, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 10.-Moved by Supervisor Coch~al~, seconded by Councilwoman Olive, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 2, 1997, AUTHORIZING THE ACQUISITION OF INTERESTS OR RIGHTS IN REAL PROPERTY WITHIN SAID TOWN FOR THE PRESERVATION OF OPEN SPACE AND AREAS, :STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2.~ 000. 000, APPROPRIATING SAID AMOUNT THEREFOR, AUT=HORIZINC THE ISSUANCE OF $2,000.000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION, STATING THAI LAND INSTALLMENT PURCHASE OBLIGATIONS ARE'AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION~ /~ND DETERMINING THAT THIs BOND RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM. WHEREAS, pursuant ~o Section 247 of the General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (herein called "Section 247"), the Town of Southold, Suffolk County, 'New York (herein called "ToWn"), is authorized to acquire interests or right~ in real property for the preservation of open spaces and areas as defined therein; and WHEREAS, the acqui~ition of interests or rights in land located throughout the Town for the preservation of open spaces and areas and con=stying the character of local communities mumt be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance SEPTEMBE~R 2, 1997 229 with ~he findings and determinations of the Stats Legislature as ;et forth in Section 247; and WHEREAS, in pursuance thereof, the ToWn desires to implement the land acquieitionan~ financing program hereinafter set forth aha 'to authorize the issuance of land installment purchase obligations for the purpose of financing the acqui~ition of such interests or rights in real property: Now, therefore .THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HERESY RESOLVES (by the favorable vote of not lass than three-fifths of all the member; cf said Town Board) AS FOLLOWS: Section 1. The Town is hereby authorized to acquire such interests, including the fee or any lesser interest, or developmental r~ghts, easements, covenants or other contractual rights, in various parcels of real property within the Town for the preservation of open spaces and areas and conserving the character of local communities, as may be authorized from time to time, by the Town Board of the Town, after due notice and a public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acq~/isition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided, however, that no such interest or right in -- any piece or parcel of such lands shall be acquired until all relevant provision~ of the State Environmental Quality Review Act (herein called "SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, have been complied with and a final declaration as to environmental impact has been duly declared by %he entity duly authorized to make such determination and declaration. The estimated maximum cost of ;aid class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $2,000,000, and said amount is hereby appropriated therefor. The plan of SEPTEMBER 2, 1997 financing includes the issuance of $2,000,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property tn the Town to pay .the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the ToWn in the principal amount of $2,000,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the state of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters ars hereby determined, stated and declared: (a) The period of probable usefulness of said class of objects or purposes, as described herein, for which the serial bonds authorized...pureuant to this resolution are to be issued, within the limita~ions of'Section 11.00 (a) 21. of the Law, is thirty (30) years. (b) Ail or a portion of the indebtedness to be contracted by the ToW~ for ~hs purpose of financing the acquisition of such interests or rights in real property may be issued in the form of a land installment purchase obligation or obligations pursuant to the provisions of Section 29.10 of the Law; any poz~cion of said estimated maximum cost that is not financed by the issuance of a land installment obligation or obligations may be financed through the issuance of such bonds or bond anticipation notes. .... (c) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. SEPTEMBER 2, 1997 23-' (d) The proposed maturity of said $2,000,000 serial bonds will exceed five (5) years. Section 4. Each of the bonds authorized by thi~ resolution and any bond anticipation notes issued in anticipation of the sale of Said bonds as well as any bond purchase obligation shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any note~ issued in anticipation of ~aid bonds, shall bs general obligations of the Town, payable as to both principal and interest by general tax upon all the tamable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of ~he principal of and interest on ~aid bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in..the budget of the Town by appropriation for (a) the amor~ization and redemption of the bonds and any notes in anticipation thereof to mature in ~uch year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service and of S~ction 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Tow~ Board relative to authorizing bond anticipation notes and -..prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Tow~. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the ToWn is not authorized to expend money, or (b) the provieton~ of law which should be complied with at %he da~e of the publication of such re~olution ars no~ substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the con~titution. Section 7. A propogition for the approval or disapproval of this bond resolution shall be ~ubmittsd as e Propcgition to the qualified voters of the Town at the Biennial Town Election to be held on November 4, 1~97, and this bond resolution ghall take effect upon the epproval of the Proposition by said voters of the Town at that referendum vote. COUNCILMAN TOWNSEND: I would like to make comment, because there was a comment addressed to this. I think Mr. Carlin said that how can the Town exist with all this open space? Well, the town has been marked by open space for 3~0 years, and in fact it seems to be development that generates taxes. None the less this is something the people want to consider, because it is a large amount of money, and we have been doing this for some time. This bond issue is roughly equivalent to a pollceman for the entire term of his duty, if he is here twenty years. Actually, probably, in the future it will be more. So, when you vote on that you can consider this, but also consider that we may not need that pollceman, If we have more open space, because population is what causes school taxes to go up, and also, cause the need for additional roads, and additional employees. So, it's something that I think.as citizens you should consider. I am personally going to vote for it. 10.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. ll.-Moved .by Councilwoman Oliva, seconded by Councilman Moore, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS= THE Section !. At the Biennial Town Election of the Town of Souchold (herein called "Town"), in the County of Suffolk, New York, to b~ held on November 4, 1997, between the hours of ~:00 o'clock A.M. (Prevailing time) and 9:00 o'clock P.M. (Prevailing Time) or as much longer as may be necessary to enable the voters then present to cast their votes, the following Proposition shall be included in the Notice of such Biennial Election ~hall be submitted to th~ qualified voters, as hereinafter referred to. Section 2. The Town Clerk is hereby authorized and directed to publish at least once in "THE SUFFOLK TIMES" SEPTEMBER 2, 1997 ' a newspaper published in Mattituck, New York, hereby designated the official newspaper of the Town for such publication, and to post cn the sion board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, said publication and posting to be at least ten (10) days before such Biennial Town Election, the Notice thereof, which Notice shall include a statement that the Town Board will submit the following Proposition for the approval or disapproval of the Bond Resol~ution adopted at this meeting, the title of which is set forth therein: 8F. ALL THE RESOLUTION ENTITLED= "Bond Resolution of the Town of soU~hold, New York, adopted September 2, 1997, authorizing the acquisition of interests or rights in real property within said Town for the preservation of open spaces and areas, stating ~he estimated maximum cost thereof is $2,000,000, eppropriatin~ said amount therefor, authorizing the issuance of $2,000,000 serial bonds of said TOwn to finance ~aid appropriation, stating that land installment purchase obligations are authorized to be issued pursuant to this bond ~esolution, and determining that this bond resolution shall be subject to a mandatory referendum;'[ BE A~PROVED? An abstract cf said bond resolution, concisely stating the purpose and effect thereof, t. as follows: FIRST: RECITING that pursuant to Section 247 of the General Municipal Law.("Section 247") the Town of Southold ("Town"} is authorized to acquire interests or rights in real property for the preservation of open ~pacse and areas and conserving the character of local communities, as defined there/n; that such acquisition of interests or rights in real property throughout the Tow~I must be found, determined and deemed to be necessary and in the public interest and a proper public pUrlOOSe of the Town. in accordance with the findings and determinations of the State Legislature and the Town desires to implement the land acquisition and financing program hereinafter .... Set forth; AUTHORIZING the Town to acquire such interests, including the fee or any lesser interest,-or developmental rights, easements, covenants or other contractual rights, in various parcels of real property within the Town for the ~preservation of open spaces and areas and conserving the character of local communities, as may be euthorised £rom time to time, by the Town Board of the Town, after due notice and a .public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided, however, that no such interest or right in any such lands shall be acquired until all relevant provisions of the State Environmental Quali~¥ Review Act have been complies SEPTEMBER 2, 1997 with a~d a final declaration a~ to environmental impact has been duly made~-STATIN~ the estimated maximum cost thereof is $2,000,000; APPROPRIATING $2,000,000 to pay said cost~ and STATING the plan of financing includes the issuance of $~,000,000 serial bonds of the ToWn, and the levy and collection of upon all the taxable real property within the ToWn to pay the principal of said bonds and interest thereon; ~ECOND: AUTHORIZING the issuance Of $2,000,000 serial bonds of the Town pursuant'to the Local Finance Law of the State of New York ("Law") to finance maid appropriation; THIRD~ DETERMINING and STATING the period of probable usefulness applicable to the claes of objects or purposes for which said bonds ars au%horized to be issued is t~irty (30) years; that all or a portion of such bonds or any bond anticipation notes, may :Ssued. in the form of a land installment purchase ion or obligations pursuant to section 29.10 of the Law; the the. bonds may be used to reimburse the ~es made sitar the effective date hereof for th~ for which'said bonds are authorized~ and the proposed of said ~erial bonds will exceed five (5) years; FOURTH~ DETF~MINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of ~he. Town; and' PLEDGING~ to their payment the faith and credit of the Town; FIFTH: DELEGATING tO the supervisor the powers and duties as to the fssua~Ce'0f said~bonds and any bond anticipation notes issued in anticipatfbn of~said bonds, or the renewals thereof; and ~TXTH~ DETERMINING ,that. s Proposition. for the approval or disappr~al of this bdn~'r~soluti°hshall be submitted to the qualified voters of t~e ToWn .at ~h~ special Town Election to be held on November 4, 19~7 and that this bond resolution shall take effect upon such a~Pro al.. section 3. After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in full, in the newspaper referred to in Section 2 hereof, and hereby d~signated the official newspaper of the Town for said publication~ together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, const~tuting Chapter 33-a of the Consolidated Laws of the State of New York. Section 4. This resolution shall take effect immediately. COUNCILWOMAN OLIVA: I would just like to add, Mr. Carltn, too, this open space also includes farmland preservation. When you have the farmland preservation, you buy the development rights. It still stays on the tax rolls, and we can also purchase with this bond ~esolution open space with just the development rights taken off, keeping the land still on the tax rolls. To me, you want to preserve farmland. The more farmland you preserve in the whole agricultural industry, as whole, that we can preserve out here will keep our taxes doWn in the long run. SEPTEMBER 2, 1997 235 SUPERVISOR COCHRAN: Frank, I think, also, what is important this year is the fun'dlng from the Governor's Bond Act. With this one in the past bond issues that have been presented to the public it has been for farmland development rights only. This is a little broader. This does allow for us, if there is a sensitive .plece of land, that is not farmland, that we would be able to purchase, and it was suggested to us by the State that we glve this bond act a little bit more flexibility, because there are many more places within the Governor's Bond Act, that we will be able to match these funds, and make the $2,000,000 perhaps become double that~ So, this is something we are looking at. This is an opportunity we have this time, because of the matching funds. COONCILMAN TOWNSEND: This last we picked up around $600,000, because we .mad.e a similar bond issue before, so we leveraged that money. SUPERVISOR COCHRAN: the way of ~xplanation. 12. -Moved uncilma RE the Department- To: A. 3120. I.t..;ff00 ~650 From: A---~20.2. :' A, 3120.q,, 12. -Vote This resoi 13.-Moved by r WH ER EAS, Southold, Local LaW WHEREAS. Board r~ Se York, reads BE '1: hereby! a I think we will leverage more this time. Just as Ayes: Councilman Moore, Councilwoman Ol|va, Hussle, Supervisor Cochran. y ADOPTED. "ownsend, seconded by Councilwoman Ollva, it was Town Board of the Town of Southold hereby modifies ~le town 1997 budget to provide funding for Police Jntenance and repairs: Vehicle Maintenance and Repairs ,Abtomobiles Radar/Equipment Maintenance Board: Ayes: Councilman Moore $ 6, 1116.B~1 $ 3,0~1~. 26 $ 3,372.28 Councilwoman Oll,va. Councilwoman Hussie, Supervisor Cochran. ADOPTED. n! Moore, seconded by Councilwoman Oliva, ':was I~resentec~ to the Town Board of the Town of 19th day of August, 1997, a Local Law entltled, "A atlon to Wireless Communlcatlon Facilities": and vas referred to the Southold Town Planning Department of Planning for recommendations and be it Town Board hereby sets 8:00 P.M., Tuesday, ~outhold Town Hall, B3095 Main Road, Southold, New lace for a public hearing on this Local Law, which Relation to Wireless Communication Facilities Town Board of the Town of Southold as follows: 100 (Zoning) of the Code of the Town of Southold is follows: 1. Section 100~13 (Definitions) is hereby amended as follows: BUILDING - Any structure havinq a roof supported by such thin¢l, s as columns oosts, piers, walls or air intended for the shelter, business, housin.q or enclosinq of persons, animals. property or other materials: also any combination of materials forminq any construction, except where entirely under.qround so as to permit the use of [he .qround above the same as if no "buildin(3" was oresent. The term "buildinq" shall include lhe term "structure" as well as lhe followinq: (1) Signs. (2) Fences. (3) Walls. (4)' Radio. television and wireless communication facility receivinp and transmittinq towers and antennas, except for radio and television sue,-h antennas instal led on the roof of a buildinq and extendinq not more than twenty (201 feet above thehi.qhest, level of the roof of such buildinq. (5) Porches. outdoor bins and other similar structures. 2. Article XXll is hereby added and shall be entitled "WIRELESS. COMMUNICATION FACILITIES." 3. Section 100-220. Purpose. is added as follows: The purpose of this section is to provide sound land use oolicies. procedures and regulations for wireless communication facilities. These will protect the community from the visual or other adverse impacts of these facilities, while encouraqinq their unobtrusive. development, and will ensure comprehensive wireless, services in.. the Town of South01d with its benefits to residents and businesses. The placement of wireless communication facilities in Southold's rural residential zones constitutes a si.qnificant intrusion and therefore the applicants have a strict burden of proof to establiSh the need for such facilities in residential zones, Furthermore, the_ standiards herein reflect two preferences: ('1} that wirelesS. communication facilities are more preferred in industrial .areas and less preferred in residential areas and (2) that wireless communication facilities be located on existing:buildinqs and towers ~ather than on newly constructed towers. Any wireless communication facilities must take.into account, the aesthetic aspectsi of the town, (¢iCludin.q open vistas, scenic bYWays and historic districts. ,- 4. Section 100-221. Scope is added as follows: The re.qulations of this section shall qovern and control the erection, enlarqement, expansion, alteration, operation, maintenance, relocation and removal of all ~ersonal wireless communication .faCilities. The requlations of this section relate to the location and desiqn of these facilities and shall be in addition to the provisions of the Southold Buildinq and Zoning Codes and any other Federal. State or Local Laws or Federal Communication Commission (FCC) rectulations pertaininq to such facilities. 5. Section 100~-222. Definitions is added as follows: A. Wireless Communication Facility. A wireless communication facility is any unstaffed facility for the transmission and/or reception of wireless telecommunications services usually consisting of an w re ess communication facility array, connection cables, aq eauioment facility, and a' support structure to obtain the necessary elevation. B. Wireless communications. Wireless communications shall mean any oersonal wii'eleSs services as defined in the Telecommunications Act of 1996. which includes FCC licensed commercial wireless telecommunications services including cellular personal communication services, specialized mobile radio. SEPTEMBER 2, 1997 enhanced spec_i_alized, mobile radio, pa.q ri.q, and similar services that currently exist or that may in the future be developed. C. Telecommunication Tower. A telecommunication tower is a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supportin.q tower, guy-wire support tower, and other similar structures. A wireless communi~ation facility attached to an existing building or structure shall be excluded from this definition. 6. Section 100-223, Location of Use is hereby added as follows: No wire ess communication facility shall be used, erected or altered in the Town of Southold except as follows: A. In Residential and Marine Districts including AC. RO0, R40, R120, R200, R400, AH©, HD, RR, RO, MI, and Mil, a wireless communication facility is subject to site plan approval and must meet the :foil0win.q requirements. Wireless communication facilities are specifically prohibited on any.designated landmark property or in districts listed by the Society for the Preservation of Long Island Antiquities (S.P.L.I.A), federal, state or town aqenc~es: (1) Buildings - Shall require a special exception Wireless Comnlunic~tion Facility on Non-Res dential approval which may be issued provided the buildings are thirty five feel (35') or .qreater in heiqhL and the wireless co~munication facilities and related support structures do-not extend more than twenty feet (20') above the roof line. The bu Id n.q on which the Wireless Communication Facil ty s. located must be located at least one hundred feet (100) from the nearest property line or three hundred feet(300') from any landmark Property or district listed by S.P.LI.A., federal, state or town aqencies. (2): Wireless communication facilities on Existin.q TelecOmmunicatiOns Towers - Shall require a special exception approval pursuant to this chapter unless otherwise a lowed by the ter'rhs 0~ a prior special exception _approval. (:3) Telecommunications Towers - Shall require a special excePtion approval pursuant to this chapter, which, may be issued prov ded the tower is no greater than sixty feet (60. The base of the tower, shall be located at least one hundred (100~ feet rom the nearest prqp. erty line or three.. _hu__ndre_d feet (300') from a iandmarkl.pr°pe~y or dis~'rict tist~ bY ~_-_-_-_~. L.i A., federal state Or:tOwn a~encies. (4) A wireless communication facility is a permitted use if located on, property owned, leased or otherwise controlled by state, federal or town government, provided a license Or lease, authorizing such antenna or tower has been ap_proved by that governmen.t.. B. In Commercial Districts includin.q LB, HB and B a wireless communication facility is subiect to site plan approval and must meet: the;following requirements. Wireless communication facilities. are specifically prohibited in any desi.qnated landmark property o.r. in districts listed by S.P.LI.A., federal, state or town agencies,: as follows: (1) Wireless communication facilities on Bu Idings - Permitted on a I bui dings which are thirty five feet (35') in height or greater, provided the w reless communication facilities and related support structures do not extend more than twCnty feet (20') above the roof line of such buildings, (2) Wireless communication facilities on Existin.q Telecommunications Towers.-Permitted' unless otherwise restricted pursuant to the terms of a prior special exception approval. (3) Telecommunications Towers -Permitted if the height of the tower above grade does not exceed seventy five feet (75'). and provided the base of the tower is .lOcated at least one hundred feel: (100') from the neareSt dwellit~.q Unit or three hundi~ed feet (300') from any landmark property or district listed by S.P,LI.A.. federal, state O~ town agencies. (4) A wireless communication facility is'a permitted use if located on property owned, leased Or otherwise controlled by state, federal or town government, provided a license or lease ~uthorizing such antenna or.tower has been approved by that government. C. In Industrial Districts including LI and LIO. a wireless comr0unication facility is subiect to site plan approval and must meet the following requirements. ,W. ireless communication facilities are spec fica y PrOhibited in any .Uesignated andmark property or in distriCts listed by S,P,L1.A;, federal, state or;town agencies,: (1) Wireless communication facilities on Buildings -Permitted on all bufldln.qs prowded the height of the'w~reless com~un~cabon fac~ ~ty does not e~:tChd mo~re~'than one htJndred feet (100 ~) above the existing grade' and' the Wireless c~rnmUnica[ on facility is. located at least one hundred re, from the ;nearest property. line or t ' or ,~noies." T] Wireless communication facilii!es on Existing elecommuniO~tions Tcwers-P~¥hitted unless ~otherwise restricted pursuant to the terms of a prior special exception approval. (3) TelecommuniCations Towers the tower above grade does not abov~ ti-i,e. exi~tin'~qraCie'' anti,r! local8d ¢Jt lea§t fnbrh~dred,fe8 unit 6r three Hqs~ed district isted bY ~ P L I.A., fede~ agencies. P~rm tted. Provided the height of xceed' one .hu~ ndred feet (100') !i~ied,~h:ei base o[the tower is i i;;00'): rrbm the nearest dwelling -~hl!any,,ta~ndtnark property or; Il,: !State o'¢ ~:[own (4) A wireless communication1 facility is a permitted use if located on p[opedy owned leaSed or.gtherwise controlled by state, federal or to~n .4ovemme"it, ¢i"Ovided a license or lease authorizing such anter~na or tower has been ap_Bro.ved by that .qovernment. 7. SectiOn 100-22~ Spec al'Exception Approval is hereby added A. Authority. The 'Zoning Board of _Appeals shall be empowered to issue a .special exceptibn appro_val for wireless communication facilities, su_bject to the:provis__o_n_s.., of th!s Chapter. B. Standards. In addition to .the standards in Article XXVI of this code. no special exception approval shall be .qranted unless the Zoning Board of Appeals specifically finds and determines the followin,q: (1). that the applicant is a public utility, and (2} that construction of the proposed fact ity or modification of the ;exist n,q fac ity s a public necess ty, in that it is required to render adequate service to the public, and effort, to locate or ~1 eff0d to locate or on federal, state or town land. and faCilities, and (4) that there are compelling reasons, economic or otherwise, which make it more feasible to construct the_proposed facilities than alternatives. C. Matters to be considered, in addition to the.matters to be considered .in Article XXVI of this code., the Zoning Board of Appeals Shall give consideration to the fotlowin.q in issuinq a special approval for wireless communication facilities: (:1) the hei.qht of: the proposed tower shall be the minimum necessary; to render adequate service, and (2) the Wireless communicat on fact ity has been situated to mibirnize its. preximity-to residential structures, residential district' boundaries and andmarks' desi.qnated .by town, federal, S.P.LI.A., or state agencies, and (3) the wireless communication facilities is designed and situated to ;be compatible with the nature of uses on adjacent and nearby property, and (4); the Wireless communica_ti_on facility has been designed to use the sun:oundin.q topo.qraphy to minimi_ze its visual impacts, and (5) the wireless communication facility has been desi.qned to use the surroundin.q tree, buildin.q or foliaqe coverage to minimize its visual impacts; and (6) the wireless communication facility maximizes design characteristics to reduce or eliminate visual obtrusiveness, and (7) that other adequate conditions have been placed on the wireless'communication facility which will minimize any adverse impacts of the. faCility on adioinin.q properties. D. Application Requirements. In order to make the above described determination, the Zoning Board shall require the following in add t on to the requirements of Artiole XXVI: (1) Each application shall include a survey clearly indicatin.q: (a) the location, type andhei,qht of the wireless communication facilities; (b) whether it is located on an existing structure, co- located or one telecommunication tower; (c) on-site land uses and. and zoning; (d) adjacent land uses, structures and. zoning within 300 feet; (e) distances between all structures; (f) location of landmark listed by S.P.L. LA., federal, state or town agencies within 300 feet (.q) adjacent roadways and/or private ri,qhts of way; (h) proP°seal.means of access; (.i) setbacks from properly lines: fi) elevati°n draw n,qs of the strUctUresl '(k) arid other information. deemed by the Z0ninq Board to be necessary tO.assess compliance with this law. (2) Each application shall include a written site location alternative analysis describinq the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or en.qineerin.q needs, and the reason why the ;sUbiect :site Was ChOsen. OF buil~ n( users. )licant shalt document to the satisfaction of Zoning 1 effort has been made to locate and appropriate is to the public. The atement by the applicant communication facility Jture (4) Each application shall include a plan which shall reference all existinq Wireless Communication Facili6/locations in the Town of Southold. any such facilities in the abutting towns which provide service to areas within the Town of Southold, any changes proposed within the following twelve (12) month period, including applicant's plans for new locations and the discontinuance or relocation of existing wireless facilities. Alternatively, at the beginning of the year 'the applicant, may submit an Annual Wireless Communication 'Facility Plan c0~(a ning the aforement oned information for the Calendar ye~a_r, (5) A landscape plan showing specific landscape materials, fencing and maintenance a'rran.qeme.nt__s. ' (6) The Zoning Board of Appeals may retain technical consultants as it deems necessary to provide assistance in the review of the needs and site location, alternatives analyses and other matters that the Board deems necessary: The applicant shall bear the reasonable cos[ associated with such consultation, which cost shall be assessed as an additional application fee. In no case shall the fee be more than five percent (5%) of the total proiect cost as determined for building permit fee assessment purposes. (7) A copy of the deed or lease agreement establishin.q applicant's right to use the parcel on which the wireless communication facilities is to be located. E. Conditions. The Zoning Board sha I cons der the following in establishing conditions on the issuance of the special exception approval. (1) In reviewing special exception approval applications required by this Section the Zoning Board of Appeals shall consider the ToWn's policy as stated in this Article. When considerin.q aPPr0pr ate he qht in conjunction w th such applications The Zoning Board of Appeals shall be more permissive when a facility is proposed for collocation by more than one service-provider, and less permissive when the facility is proposed for use by a single provider. (2) In approving a Special Exception the Zoning Board may waive or reduce the criteria in this Article, to the extent specified below, if the Zoning Board concludes that doing so will have no detrimental effect on adjacent properties or on the public health, safety and welfare and [hat the .qoals and stated purposes of this law are better served thereby: i. Height of lhe proposed tower; prov ded that the height is kept at the lowest hei~lht than can be iustified; ii Minimize proximity of the tow, er to residegtial structures or historic landmarks listed by S.P.LI.A., federal, state or town a.qencies; iii. Planting of surrounding tree coverage and foliaqe; iv. Design of the tower, with particular'reference to design char~cUterist cs-,that reduce or el minate visual obtrusiveness' (3) The applicant will provide documentation that the proposed communications facility will have electromagnetic emissions within the safety standards established by the FCC as amended 6r any supersedin,q state or national standard in effect on the date the Special Exception Approval Application is submitted to the Board. 8. Section 100-225. Design Standards is hereby added as follows: The following design standards shall apply to wireless communication facilities and telecommunications ,towers installed or constructed i~ursuant to the terms of this chapter. A. Collocation. Wireless Communication Facilities shall be designed to provide for collocation by multiple providers; or, designed so 'that they can be retrofitted to accommodate multiple. providers, B. The minimum lot size for the siting of a telecommunication tower shall be in accordance with the follow n,q No tower can be built on a lot which s nonconforming in size to the requirements set fodh below: Minimum Lot Area: Commercial Districts Minimum Lot Area- Residential and Marine Districts Minimum Lot Area- Industrial Districts Per Bulk Schedule pe( zone 5 acres Per Bulk Schedule per zone C.- Setbacks. Towers and Equipment Facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located. D. Fencing. The base area of a telecommunication tower and equipment facility shall be enclosed with a black vinyl chain link fence not less than s~x feet (6) I height. E. Signs Signs shall not be permitted on towers except for signs displaying contact information and safety instructions. Such si.qns shall not exceed five:(5) square ,feet in surface ar.ea.. F. Equipment Facility.: Equipment accessory to the wireless communication facility may be located within an existing building. Iri'newly c0ns(ructed buildln.qs'~nd ,StruCtures an equip~nent facility is limi'ted to 500 squa'¢e feet ;in flbOrlarea¢. If the newly constructed With Any newly const constructed ~ocated in the G. Li.qhtin.q. As independent freestandin.q facilities on separate sites will not be accessible to the public, the li.qhtin.q permitted shall be the minimum re( )iic welfare. Facilities sited on existin into the H. Access. Access totower or monopole areas shall be from established site access pOints whenever possible. I. Dish'Antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they ~re as unobtrusive as possible a,,n,d in no case shall the diameter Of ~ dish af~tenna exceed six feet (6). J. No wireless communication facili'ty shall be located nearer than a distance equal to its hei.qht above, the rc~of or other permanent structure to which it is attached [o any overhead electric transmission line carrying more tha_n two hundred twenty (2_20_) volts. 9. Section 100-226. Appearance is hereby added as follows: A. Base Landscaping. A screen of everqreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adioinin.q priv. ate properties and the public r .qht-__of:way Re_q_u_ir.e_d_fr._ont yard setback areas shall be landscaped= B. Color. Towers shall either be blue/gray in color, have a galvanized finish, or be colored appropriate to the tower's Iocational context to the extent that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supportin.q electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visuatly unobtrusive as possible. C. Residential Screenin.q. Where the site proposed for a freestandin.q;tower structure is located within a residential zone or has one or more property lines abutting Or on the opposite side of a street froma residential zone or use permitted in a residential on )m the 50 vert cai cone of vision). ,To achieve the occlusion, a row of trees between 'of3 at D. Alternate Screening. The location of a cellular wireless communication facility on an existing water tower, silo or equivalent vertical structure, including an existing cellular, radio or television tower, is permitted without the need to meet Conditions A, 8, and C above, provided that the height of the existing structure is not increased as a result of the attachment of the cellular structure. A decorative dis.quis~n.q structure such as a clock tower may also be approved as an alternative to Conditions A, B and C at the discretion of the Zoning Board. If the height of the existing structure is to be increased by the attachment of the new structure, all of the conditions herein shall apply as to a new freestanding structure. E. Commercial and Industrial Siting. Towers to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildin.qs and structures' should be used in the siting of freestandin.q towers to contribute to the visual screening of the tower. F. Commercial. Towers to be sited on undeveloped properties in the commercial districts shall apply the standards of Condition C herein toall property lines, incl_ud_in~q the str_eetline, exc~ept that a_ driveway shall be permitted lo pain access to the facility fo__Er maintenance personnel and equipment. G. AirPort Re.qulations. All towers shall comply With applicable. A rPort HaZard Regulations'and shall be s~biect to approval from the Federal Aviation AdminiStration for,.Iocation, height and liclhting to prevent: n[erferenCe with th~~'~'ef an. airport or otherwise threaten the publiC'safety. 10. section 100-227, Removal' is.hereby added as follows: ~'cessation of use ( )ved or ~ ~vithin one year: The a construct: sion to this lity only. a moval in the 11. Section 100-228. Nonconforming Uses is hereby added as follows: Pre-existin,q towers shall be allowed to continue their usa,qe as they presently exist. New construction other than maintenance on a pre-existing tower shall comply with the requirements of this ordinance. 12. Section 100-229. Severability is hereby added as follows: The various parts, sections and clauses of this local law are hereby declared to be severa bte. If any part, sentence, paragraph, section or clause is adiud.qed unconstitutional or invalid by a court of competent iurisdiction. [he re mainder of tile ordinance shall not be affected thereby. 13. Section 100-31: Use re.qulations in A-C, R-80, R-t20, R-200 and R-400 Districts is hereby amended as follows: amended as amended as B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two- family dwellings and the uses set forth in Subsection B(14) hereof, are subiect to site plan approval by the Planning Board: 6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, excluding wireless communication facilities, subiect to such conditions as the Board of Appeals may impose ~n.order to protect and promote the health, safety, appearance and general ~elfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. 14. Section 100-131. Use regulations in the LIO District, is hereby follows: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subiect to sitff plan approval by the Planning Board: (4) Public utility structures and u_sc~sL excluding wireless conqmunication facilities. 15. ,Section 100-230 (D) Exce. ptio0_s_.and m_odifications, is hereby follows: D. Hei.q.ht exceptions. The heig!A limitations of tills chapter shall not apply to: (t) Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers excluding telecommunication towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, pro,zided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred twenty (220) volts. (2) Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater hei,q~ht but excluding wireless communication facilities, provided that any such structures that are located on any roof area that exceed in height the limits in the p~irticular district shall not in the aggregate occupy more than twenty percent (20%) of the horizontal area of the roof and are set back one (1) foot from the edge of the roof for each additional foot in heiqht greater than the specified height. (3) All mechanical equipment necessary to .operate building services, which equipment is located on the roof of a structure, shall be screened in a manner approved by the Planning Board. II. This Local Law shall take effect upon filing with the Secretary of State. * Underline ~represents additions Strikethrough represents deletions COUNCILWOMAN HUSSI£: I have something to say again. I have read Section 7011 of the Telecommunication Act of 1996 again and again. What it says, Bill is partially right, a municipality's legislative body may not prohibit wireless communications from it's jurisdiction· It does not say we can not prohibit it from different zones, and in deed, in Cape Cod, and in San Francisco they are doing :that. San Francisco has not just taking residential zones. They have said, in Iow density residential zones, because they have apartment .houses and that sort of thing, and they are saying it's okay there, but ft 'is not' ol<ay on residences like most of us have. 13.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Supervisor Cochran. No: Councilwoman Hussie. This resolution was duly ADOPTED. lq.-Moved by Councilwoman Oliva, seconded by Councilman Townsend, IN THE MATTER of The reconstruction of the Wharf House facility and the ORDER CALLING public restrooms building at PUBLIC HEARING Founder's Landing Park, in the AND ELECTION Southold Park District. WHEREAS, the Board of Commissioners of the Southold Park District (the "Board" and the "Park District", respectively) of the Town of Southold (the "Town"), Suffolk County, New York, pursuant to the resolution adopted and subscr~ibed by said Board of Park Commissioners on August 28, 1997 and together with the petition in due form, duly submitted, to the Town Board (the "Town Board") of the Town (certified copies of such resolution and petition' are attached hereto and made a part hereof), has requested the Town Board to appropriate $20~000 to pay a portion of the cost of reconstructing the Wharf House facility and the public restrooms building at the existing Founder's Landing Park, in the Park District, the estimated maximum cost thereof being $80,000 of which $60,000 has been provided from available moneys of the District, including its Capital Reserve Fund, and to finance such appropriation by the issuance of obligations of the Town in the principal amount of $20,000, pursuant to the Local Finance Law, and that to pay the principal of and interest on SEPTEMBER 2, 1997 such obligations as the same shall become due and payable, a sum sufficient therefor shall be levied and collected from the several lots and parcels of land within the Park District, in the same manner and at the same time as other Town charges; and further, that the Town Board call a special meeting of the Park District for~the purposes of (i) holding a public hearing to hear all persons interested in such reconstruction, appropriation and financing and (ii) voting upon a proposition therefor; NOW,-THEREFORE, IT IS ORDERED, that a public hearing be held by the Town Board on the 30th day of September, 1997, at 5:00 o'clock P.M. (Prevailing Time), at the Founder's Landing Wharf House, Terry Lane, Southold, in the Town, to consider the reconstruction of such Wharf House facility and such public restrooms building at the Founder's Landin~ Park, the appropriation of $20,000 to pay a portion of the cost thereof to be financed by the issuance of Town obligations pursuant to the Local Finance Law and the levy and collection upon t~e several lots and parcels of land within the Park District, of a sum sufficient to pay the principal of and interest on such obligations as the same shall become due and payable, in the same manner and at the same time as'other Town- charges and, ALL PERSONS desiring to be heard concerning the subject matter of the above referenced public hearing will be given an opportunity to be heard at the time and place aforesaid, and IT IS FURTHER ORDERED, that at said meeting of ~he Town Board hereinabove referred to, and following the public hearing held thereat, there shall be submitted to the qualified voters of the Park District for their approval or disapproval by majority vote, the following Proposition: ~ROPOSITION SHA3~L the Commissioners of the Southold Park District [the "District") be authorized to reconstruct the Wharf House facility and the public rastrooms building at Founder's Landing Park at the estimated maximum cost of $80,000 of which $60,000 has been provided from available moneys of the District, including its capital Reserve Fund, and to expend for payment of a portion of such cost thereof not to exceed $20,000, an appropriation in said amount having been requested of the Town of Southold (the "Town"), to be financed by obligations of the Town pursuant to the Local Finance Law, and an amount sufficient to paylthe principal of and interest on such obligations shall be levied and collected from the several lots and parcels of land within the District, in the same manner and at the same time as other Town ~charges? Polls will be open at the Town Hall between the hours of 5:00 P.M. and 8:00 P.M. AND, IT IS FURTHER ORDERED that the Town clerk is hereby authorized and directed to cause a copy of this Order to be published once in the "THE LONG ISLAND TPutVELER-WATCHMAN,~' a newspaper having a genera], circulation within the Town of Southold, and, furtheu, to cause to be posted a copy of this order on the sign board of the Town and in five conspicuous public places within the Southold Park District, such publication and such posting to occur not less than ten'(lO) nor more than twenty (20) days prior to such meeting, public hearing and voting. Jear] W. Cochran Supervisor Alice J. Hus$ie Councilperson Joseph L. Townsend, Jr. Councilperson Rulh D. Oliva Councilperson Dated: Southold, New York September 2, 1997 William D. Moore Councilperson Members of the Town Board of the Town of Southold -X ~n the Matter of the Request : of : the Board of Commissioners of the : Southold Park District of the Town of Southold, Suffolk County, New York, : for an approPriation of money for park purposes pursuant to Chapter 234 of : the Laws of-New York, 1907 and Acts amendatory thereto. : TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD PETITION The petition of the Board of Commissioners of the Southold Park District of the Town of Southold, Suffolk County, New York, respectfully shows: 1. That the undersigned are the duly elected, qualified and acting Commissioners of the Southold Park District of the Town of Southold, Suffolk County, New York; 2. That pursuant to Chapter 234 of the Laws of New York, 1907 and Acts amendatory there'to (herein called the "Law"), the Board of Commissioners is required to submit a written request to the Town Board of the Town of Southold for an appropriation of a sum of money for any purpose therein authorized and said Board of Commissioners hereby determines that it is in the public interest to reconstruct the Whar£ Ilouse facility and the public restrooms building at Founder's Landing Park, in the District at the estimated maximum cost of $80,000, and hereby further determines that such reconstruction is a purpose authorized pursuant to the Law; WHEREFORE, your petitioners pray that the Town Board of the Town of Southold appropriate the sum of $20,000 for payment of a portion of the cost of reconstructing the Wharf House facility and the public restrooms building at Founder's Landing Park as herein referred to, the balance of such cost ($60,000) having been provided from funds of the District, including its capital reserve fund and that such appropriation be financed by the issuance of.obligations of the Town of Southold in the principal amount of not to exceed $20,000, pursuant to the Local Finance Law, and that a sum sufficient to pay the principal of and interest on such obligations as the same shall become due and payable'shall be assessed, levied and collected from the several lots and parcels of land within said Southold Park District, in the same manner and at the same time as other Town charges; and WHEREFORE, your petitioners further pray that the Town Clerk of said Town of Southold call a special meeting of the said District for the purpose of (i) holding a public hearing to hear all persons interested in the reconstruction of such Wharf House facility and such public restrooms building and the appropriation of such sum of $20,000 therefor and for such other matters in relation thereto as come before such meeting and (ii) voting upon a proposition for the reconstruction of such Wharf House facility and such public restrooms building and the appropriation of such money, which meeting shall be called and held and the vote upon such proposition conducted, in the manner prescribed by the Law. DATED: AUGUST 28, 1997 BOARD OF COM]~ISSIONERS OF SOUTHOLD PARK DISTRICT OF THE TOWN OF SOUTHOLD, NEW YORK Commfgs~ners EXTRACT OF MINUTES Meeting of the Board of Commissioners of Southold Park District of the Town of Southold, Suffolk County, New York August 28, 1997 A special meeting of the Board of Commissioners of Southold Park District of the Town of Southold, Suffolk County, New York, was held at No. Main Road, Southold, New York, on August 28, 1997 at 9:00 o'clock P.M. (Prevailing Time). There were present: Board Members: Michael Hagerman, Antone~.Skwara, Jr. and Robert C. Cochran There were absent: NONE Also present: Linda Bertani, Secretary Rudolph H. Bruer, Attorney Michael Hagerman offered the following resolution and moved its adoption: Antone Skwara, Jr. seconded the motion. The adoption of the resolution was duly put to a vote on roll call which resulted as follows: AYES: q NOES: 0 The resolution was declared adopted. RESOLUTION OF THE SOUTHOLD PARK DISTRICT OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 28, 1997, AUTHORIZING THE SUBMISSION OF A PETITION TO THE TOWN BOARD OF SAID TOWN REQUESTING THE APPROPRIATION OF $20,000 TO FINANCE A PORTION OF THE COST OF RECONSTRUCTING THE WHARF HOUSE FACILITY AND THE PUBLIC RESTROOMS BUILDING AT FOUNDER'S LANDING PARK, IN SAID PARK DISTRICT. Recitals WHEREAS, pursuant to the provisions of Chapter 234 of the Laws of New York, 1907 and Acts amendatory thereto (herein called the "Law"), it is necessary for the Board of Commissioners of the Southold Park District of the Town of Southold, Suffolk County, New York (herein called "District") to submit a written request to the Town Board of the Town of Southold (herein called "Town Board" and "Town," respectively), for an appropriation of a sum of money for any purpose therein authorized; and WHEREAS, said'Board of Commissioners has heretofore determined to reconstruct the Wharf House facility and the public restrooms building at Founder's Landing Park, in the District, at the estimated maximum cost of $'80,000 of which $60,000 has been provided from available moneys of the District, including its capital reserve fund and said Board seeks to obtain $20,000 to finance the balance of such cost as hereinafter provided; Now therefore, be it RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHOLD PARK DISTRICT OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, as follows: SEPTE~BFR 2, ~997 Section 1. The Board of Commissioners is hereby authorized to submit to the Town Board a written petition, subscribed by all the Commissioners of the District, requesting the Town Board to appropriate the sum of $20,000 to finance a portion of such cost of reconstructing the Wharf House facility and the public'restrooms building at Founder's Landing Park, heretofore authorized, as hereinabove referred to in the Recitals hereof, which is hereby determined to be a purpose authorized pursuant to the Law and it is hereby further determined that reconstructing said building is in the public interest. Section 2. A copy of this resolution, subscribed by all the Commissioners of the District, shall be submitted to the Town Board together with the petition herein authorized. This resolution shall take effect Section 3. immediately. BOARD OF COMMISSIONERS OF SOUTHOLD PARK DISTRICT OF THE TOWN OF SOUTHOLD, NEW YORK ~ .// ;,~. . ,/ Cdmmis,~ lon>r s CERTIFICATE I, Linda Bertani, Secretary of the Southold Park District of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Board of Commissioners of said District duly called and held on August 28, 1997, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said District and is a true, complete and correct copy thereof and of the whole of said- original minutes so far as the same relate to the subject matters to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said District this 28th day of August, 1997. (SEAL) ' Secretary SEPTEMBER 2, 1997 '2:53 14.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilmarl ToWnsend, COUncilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 15.-Moved by Councilwoman Hussie, seconded by Councilwoman Oilva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Scott A. Russell to the Affordable Housing Ad HOc Committee, effective immediately through July 22> 1998, he to serve without compensation. .... 15.-Vote of 'the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie,. Supervisor Cochran. This resolution was duly ADOPTED. 16.-Mo~ed:b¥ Councilman .Townsend, seconded by Councilwoman Oliva, it was RESOLVED · that the Town Board of the Town of Southold hereby reappoints DaVid Horton and John Sidor, Jr. as members of the Southold Town Agricultural Advisory Committee, effective immediately through August 11, 1999, they to serve wit. hour compensation. 16.-Vote of the: Town BOard. Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend~ Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 17.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for two (2) members of the Agricultural Advisory Committee. 17.-Vote of the Town. Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, COuncilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 18.-Moved byr C~ounciiwom~nHussie, seconded by Councilwoman Oliva, it was REsoLvI~D [that the T0wr~ Board of the Town of S°uthold hereby grants permission to Building Inspector Michael Verity to attend the mandatory New York State~ Code Enforcement training seminar at White Plains, New York, on September ~2-25~. 1997, and the necessary expenses for tuition, travel, meals and lodging shall be a legal charge to the Building Department's 1997 budget. 18.-Vote :of ~the Town. B0ard: 'Ayes: Councilman Moore, Councilwoman Oliva, CoUncilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 19.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town -of Southoid hereby terminates the employment of Darlene Hubbard, part-time Clerk Typist fro the Recreation Department, effective September 2, 1997. 19.-Vote of the Town .Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 20.-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 advertise for resumes for three additional members of the Anti-Bias Task Force. -'~0.~Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 21 .-Moved by Councilman Townsend, seconded by Councilwoman Ollva, it was RESOLVED that ~the Town Board of the Town of Southold hereby appoints Deborah Wlnsor, Chalrperson of the Landmark Preservation Commission, to the Fort Corchaug Fort Area Ad Hoc Committee, effective immediately through July 22, 1998; she to serve in said position without compensation. 21.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SEPTEMBER 2, 1997 22.-Moved by' Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby reassigns Charles Tyler, provisional Public Safety Dispatcher !, from his full-tlme position to a part-time position as a Public Safety Dispatcher, effective SePtember 16, 1997. 22.- Vote · of the Town Board: Ayes: Councilwoman Ollva, Councilman Townsend, CoUncilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This resolution was 'duly ADOPTED. 23.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the following budget for the 1997 Consolidated Highway Improvement Program (CHIPS) administered by the Highway: Department; Revenues: DB1.3501.00 State Aide Consolidated Highway Aid $ 211~,013.35 DB1.5990.00 Appropriated Fund Balance 23,966~. 13 Appropriations: DB1.5112.2.~00.905 Consolidated Highway Improvement Capital Outlay Highway Resurfacing/Reconstruction $ 23~,979.~8 23.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 24.-Moved by Councilwoman Oliva, seconded by Councilman Moore, it was RESOLVED by the Town Board of the Town of Southold, that in accordance with Chap'{er t~7, Section u~7-it, Farm Stands, of the Code of the Town of Southold, the fee for a Farm ,Stand Permit is hereby set at $35.00. COUNCILWOMAN HUSSIE: I would like to include that this does not include those farm stand that are less than 20 square feet. They don't have to go for a permit. 24.-Vote of the Town Board:-Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 25.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town - of Southold hereby authorizes the Town Clerk to advertise for resumes for a part-time Clerk Typist for the Recreation Department. 25.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman HusSie, 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 authorizes the Town Attorney to file all necessary legal actions to compel ..... compliance with the Freedom of Information Act regarding a July 9, 1997 FOIL request to the Village of Creenport. 26.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilwoman HussJe, Supervisor Cochran. No: Councilman Townsend. This resolution was duly ADOPTED. 27.-Moved by Councilwoman Hussie, seconded by Councilman Townsendr it was RESOLVED that the Town Board of the-Town of Southold hereby grants _permission to the Board of Assessors to expend $5,000.00 for an appraisal with regard to a certiorari proceeding. 27.-Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That is the end of our resolutions. COUNCILMAN TOWNSEND: Jean, I wanted to add an additional item. This is regarding the law that was mentioned, that we are going to have a hearing on regarding cell towers. We discussed this somewhat in the morning session. On September 16th, I believe, that the moratorium SEPTEMBER 2, 1997 255 expires. That is the same day as the hearing, which means that if some substantial arguments are raised to the Town Board, that would result in an .improvement to' that law, or a reason for us changing it substantially, we can not, not vote for it. We vote against it, then we wil:L-be left without any of the protections that we tried to create in that T~n Law. Therefore I would like to put on the agenda that we forward to the County Planning Office, and our local Planning Office an extension of the moratorium that now exists, and expires on the 17th. I propose that we make/it another two months, i did do some checking on status of litigation on moratorium in Federal courts, and they apparently have not made any decision. They deem that you can have moratoriums, but they haven't come up with any specific limitations. We have time. We just about have time, but I would like to make that proposal, and we can clean it up .a little bit when I talk to the Town Attorney later. So, I would llke to make that resolution. TOWN CLERK TERRY: Tell me what you are saying again. COUN Co TOWNSEND: Forward the notice of moratorium to the to our local Planning Board, and set a date for a public nd that would be for the same day, the 16th. HUSSIE: And you have assurances that this is going to WO COU D: I talked to the County Planning Department, and they will turn it around. I talked to Mr. Newman of the '1 ~nning Department. He will get it back to us by Thursday; The TbW..n. P; ning Board is meeting tomo. rrow. This all happened in the last h0ui~ orr so, so I have"' trying to work ~t out. 28.-Mo¥~d bY Councilman Townsend, seconded by Councilwoman Ollva, wHErEAS, there has been presented to the Town Board of the Town of Southold, on the 2nd day of September, 1997. a Local Law entitled. "A Loca Law Extending the Moratorium on Telecommunication ToWers"; now, be it RE at this Local 4_aw be- referred to the Southold Town Planning Suffolk County Department of Planning for recommendations all in accordance with the Southold Town Code and The Sut Charter; and be it FU LVED that the Town Board hereby sets 8:05 P.M., Tu, ~tember 16, 1997, Southold Town Hall, 53095 Main Road, as time and place for a public hearing on this Local as follows: Extending the Moratorium on Telecommunication Towers BE 'by the Town Board of the Town of Southold as follows: POSE. communication technology has created ' the demand for stru transmitting and/or receiving antennae are located, cr ation, of structures which are not adequately addressed in .,. On May 13, 1997 the Town Board of the Town of Southold · _ =La~w 7-1997 establishing a one hundred and twenty day or permits for telecommunication towers, to enable the draft appropriate regulations for telecommunication moratorium period town officials have met many times ant ~tantial part of the new regulations, sent them out for~ and commenced the environmental review process, In dete the adoption of the regulatmns, the moratorium must be ional two months. OF TEMPORARY MORATORIUM 7-1997, adopted on May 13, 1997, is hereby extended until AIl the other terms and provisions of that local law shall for this period. '-TIVE DATE. This. Lo~al ~Law Shall take effect upon filing with the Secretary of State. 28.-V( Town Board: Ayes: Councilman Moore, Councilwoman Oliva, Councilwoman Hussle, Supervisor Cochran. This on was duly ADOPTED. SUPERVISOR COCHRAN: That's the end of our planned resolutions, I believe. At this time we would like to ask anyone in the audience, that has anythlng they would like share with the Town Board, please, share it with US. DOROTHY WOLF: My name is Dorothy Wolf. I am the Vice-Chair of the Town of Southold Anti-Bias Task Force. ! chaired our meeting on the 21st. Marvin Dozier, who is the 'Chair, was on vacation; He should be coming somewhere about flve' o'clOck to be Part of this presentation as Well. We have brOught to the committee that morning a complaint~ that was both said, and urgent, and it concerns the land spill up at the Cutchogue Dump. The first spill seemed to have been handled fairly well' with all residents being advised of the situation, and aid and assistance given. The second spill is what brings me here, and the complaint was bi~0ugh't our committee. The 'members of that community were not informed. There does not seem to be an evacuation plan. There was a lot of panic, and a lot of ,sadness, that the community was not served well. There are bills from the hospital. There were' folks who had to take the day off,' and 'have not been compensated by their employers, and so they have ,lost work~ arid they have lost money~ bkJt I think What concerns the committee most of 1all is the seriousness of the Town's lack of some kind of evacuatl lan. That's what we are opening for di~scussion now. We are q are not accusing. We are saddened. I, as a resident, who don't llve near;:the dump, I have something to worry about as we all do. These th airborne. We know that,' and! I am particularly concerned'aboU who did r~gister the complaint before, the committee, and sitti~ :~in the audience I Wou.ld very much~ilke you to hear from 'the R / Cross is a resident' 0f::the c~mmunity, and :Mr. and Mrs. T~ and they have some things they would like'you to hear as well. They are directly involved in. They can answer your questions, and I know your concerns. I thank you, SUPERVISOR COCHRAN: Who would like to address the Board first? REVEREND CORNELIUS FULFORD: I am Reverend Cornelius Fuiford~ I am the Pastor of the Fir~t-Baptis~t Church in Cutch0gue, and my concern most of all is because the church is right next door to the dump~. I~;am concerned about the members Of the church, which we have fifty different families, so at the time of the spill I was on my way out of because this particularl evening I was having bible class, which been about thirty members there, and so unfortunately if I had ,left house, and made it to the' church I would have been involved in also, and most of the members that were there. Now, this y concern is the people that were exposed to this spill, and my as Dorothy has .stated~ is about evacuation, system; how soon can you do it, can you do it to the point that it don't endanger the members of tl~e church, which is rlgh~ next to the dump, and how soon can you dO this to the point that when yeu evacuate certain area it is sufficient you evacuate, and [et the church know as soon ,as possible publicly about what i~ on at the church? As Dorothy said, people went to the and people have bills that they are concerned about, arid that the them, and I am quite sure that they are concerned about who is bill, and also, the Iosls of time. But, most of all it: is since the :iS a valued part of the community, and which we are part of the is how can we safely guard the church from this not happening, arid when it happens how quickly can we publicize the church to the t~a~t if we have an engagement that particular night, then how can them, because if I had come up here then you wo~uld have than seven, eight people, it would have been ~hiPty to "' I involved. So, that is my concern, the welfare of the People, eSpecis ly those that worship at the house of God, which is next to the dump. SUPERVISOR COCHRAN: Thank you. Reverend. VIOLA CROSS: I am Viola Cross, and I am one of the members of the community by the Landfill. My neighbors on Thursday, two families were notified about acid. On Friday we didn't know anything about it at all. Nobody said anything about anything being spilled at the Landfill. When i came home on Friday, ! was away at doctor's, and therapist, and what have you, I knew there was something different. I could smell in my mouth, and SEPTEMBER 2, 1997 2'57 I went on in the house and closed the door, and then my daughter came about seven o'clock, and she said, Mom, my gosh what is going on. She had just had an oPeration. She had cancer, and I was concerned about her. She came in, and put on the air conditioning. Then one of our neighbors, she called, and she said, my husband just walked in, and he is dizzy, and-you know what have you, and I said, all right. In a few minutes she called back, and said, he is so dizzy. So I said, call 911. she called 911, and they came. By the time they had come he had blacked out; and there were four .ambulances at one time in my backyard, and that is a concern to me'~-They did my blood pressure, and they wanted me to also to go to the hospital, and my daughter also, but we refused to go, but my concern is seeing this happen in our community. You know, when one of us [s down we ah feel that, and then I come to find out the Taylors, who is closer to the landfill than anybody else were not even informed of the firsti spill, 'and: that was a concern. Barbara can not be here today, but he~ neighbor, who is als6 near the landfill, lives adjacent, tO:the landfill,~ she is hePe, and she didn't know anything about it. She saldl she knew somethi.ng was wrong Friday, because of the way she was. feeling, bu=t my police came, and he told them they had to and I said, don't tra can't evacuate you not evacuate them, and I Ual ~'t ;t walked away. Now, the ,I ,:could get out was :bec: had not stay there that night,. B, is that to halve some way ,of the r nei~ ~hborhood they concerned about that. and I feel that there sh that we are ~safe there in tE yOU~ LARRY; .' day'l seen told SO an¥~hii that DORC F: hea all. I am Larry Taylor. I live in front of the landfill. That I noticed that the dump was I I was going to work. My ~ ; 3d ped. She didn't know why. MY the h on after I get through worki..' q as a toxic spill. I said, did you: n~tice a~ She. said, no. She sitting there , and we thought because she just got t was a reoccurrence from the accident~ 'jng I.: I didn't even know until there, was a~ ~[ll, ire of. I mean, in order to g!et to;the )~ past my house. I mean, I am front yard. I would ilik~ I am trying to take care of her. ! i~t really know nothing unless ! ~e never came by, and said, t want somebody to be concerned y If there is no one else that want to comment, you have SU'PERVIiSO:R COCHRAN: I can address first hand the first spill. I was on. the Site, had gone home, and had a call. I went up. The first thing I did was Close the landfill. The second thing I did was instruct the Police Officer to~ go next door, and notify the people that lived in the area. i didn't thihk of Mr. Taylor, because you are to the front of the landfill, and we" told the people that were within 250 feet, people would be okay. On (he fir that was the acid. We took every precaution, and anyone that felt th been near the fumes were sent to the hospital for testing, because i~ the acid spill if you did breathe it does sensitize the heart, not supposed to do any heavy lifting. We checked with the center. I mean we took every precaution, and I apologize and I spoken with Mrs. Taylor, I believe, that you certainly will be Jnc next time, and hopefully there is not a next time. For the seco] s site. It happened at nighti. I got a call about 11:: was being handled by our landfill manager. I ,at many of you went to the hospital. What we did with the firs .~'t give the workmen or the police officers; even a Choice in the SEPTEMBER 2, 1997 first spill. I said you are ordered to go to the hospital, and be tested, because th~ poison control people suggested that they do tested. The town picked up that cost, and I would say, and I am sure the Board would support this, that on the second spill it's unfortunate that two happened back to back, because people kind of get the two mixed and melded together. We would like very much for some representatives from the area to come in, and John Raynor, who is our Emergency Preparedness Deputy. He is my deputy. I think we could sit down, and put into place a plan if this ever happens again. Not only for your safety and your welfare., and evacuation, i thlnk'-we could tie it in all together. Does: the Board have anything to add? COUNCILWOMAN HUSSlE: Could we possibly pay for the bills? SUPERVISOR COCHRAN: As I said, we should pay for the hospital bills, because we did on the first. The second one was some lacquer in a drum. The'first' one was, and you'll probably :read more about it in the newspaper, s, because the DEC is taking action. But, the first one was two young' P. e0ple that came in, in a business truck, and asked if they could drOp thlslOff 'to' the S toxic waste; :'The STOP area wa .~d for the day, were told, no, they ~weuld have to. ~rday, or whateve~ a~ did dump up by We had:a ~ from Peconic ~is ~two young doesn't think the' .re.~ So. ~er license :r, and so all,'of this : and forth. I d and verify what was, dum ,Ired. more' or less Up fi one. On the second one evidently it was some kihc~ of a lacquer that was broughtl in. in a drum, and they felt ther or thre II left in the drum., and our heavy evident and~ ~hen i~ was crushed, of course, there forth. : then the DEC, and the pollution control s~cond spill,', 'and it has been found I think is wl~at "caused the problem- for you . please throughOu~ the town wh drums~. I mean, are have to look to before, and if you the the hay' We had'i 'in. it's !somethinc is $112 I; and it looks like the's~ this 'lisn't something we all wish But, anyway, we can make rums : then ~il the bt o.f ti, ,it ~s in. are ! ~1 $O thing we see. d more secu~re, here. Our first concern is the health, safety, anct welfare of our people. Let's you and I'~talk, and: 'set this up.' Is ~t,here anyone el~e who weutd line to ~ddress the Town Board? JACK FOSTER: One of things I did not mention when ! was here before was the helicopters that are spraying. They 'start at 6:00 o'clock in the morning. Now, I know that the crops have got to be attended, to, that's agriculture. I don't mind. It's a necessity. Those plants can't be influenced by cash or any other thing to come. They have got to have T.L.C., so that is just a thing that.l happens there, but I am still concerned about the weddings and so on. Mr. Pellegrlnl says that people come, they sought him out, and well, I guess he can't say, no. But he says that our :written events policy clearly restricts events between six P.M. and midnight requires the music be turned down at 10:00 and off at · , f 11:00, At slx P.M., that is the start of my .prime.t~me m my y.ard. I I want to have anything going on during the ~;vening ~t's during ~l~is time. If the music is down at ten, that doesn't help me much. Before you, mentioned something about development rights with this property. I was tbld when I bought my property that, that the development rights had been Sold to the property, so I don t think it should be ~vinery catering hall cbmbinJation. He says, that he has strict policies, but I ~vent over at quarter to twelve SEPTEMBER 2, 1997 259 one night. Well, they said that was the last song. I went over at about ten, and the music was too loud. I told him. He said, ! can't do anything about it. I said, you own the building. He says, talk to the man that is playing the music. He refused to turn it down. He said I wouid ruin the people's wedding. We had a few words. He said, he would not be in control if I touch him again. This is how much control Mr. Pellegrini has. I left. Cot. right out, because the people had the wedding. It's an innocent thing. They dOn!t know ~anythlng about it. Why should I ruin their wedding, but so that don't happen again, and he wants to have weddings to support the winery until .it gets on it's feet. I don't how the other wineries were supported ~until they got on their feet, so I really think there is something that we have to look at, and I just want to come back and' just sort of re-stimulate this thing, and keep it in mind, so you can go over it carefully~ and. know that other vineyards can do the same, and that we could have a problem if it develops any further. COU ~1~ restJ~.~ loc requh have a was p oppc the Board~ JACK F.OS~ER: ND: We have an ordinance, a Local Law, that catering, and what we are doing, I think, is .Perm~ were given. If a winery has a function that to use. a .tent or the outside area at all, then they'have to that is gi~ven by the Zoning Board of Appeals. That la[ion, and it becomes a problem Of enforcement, as If this was outside of the prescribed, you know the de in a tent or something, and we are SUpposed to e use. That's what we are looking to at the m0m~n{. Mr. Foster, we did discuss this as I promised, so it further. 7the' way his building is designed it's an open patio Within the buiild~ng, so there is a tent, and probably that is the reason it is so bad. SUPERVISOR COCHRAN: You will be hearing more from us. JACK FOSTER: That's good. The winery are an attribute. I am not 'here to complain about them just what-they are going to impose against me, because they are fabulous. I mean our area is really landmarked by them, and we need them. We just have to polish up their policies. Thank you very much. SUPEI~VISOR COCHRAN: Thank you, Mr. Foster. .Anyone else llke to address the Town Board? Mr. Carlin? FRANK CARLIN: Good afternoon, ladies and gentlemen of the Board, MadamilSupervisor. I haye been away for three months. It has been a long vacation, a lot of issues backlogged here. ! don't know where to start. But, before I start I want to make something very clear. I mean [his. I have ~been coming to Town Board meetings over fifteen, twenty years already now. I am not a newcomer at this. I don't stay away from B°ard meetings ?or periods of time, and then for my best interest when I want things.: going on at the Town Board. I come here when I got an issue, and -I spea~ about an issue, and that is it. I speak for myself. I am no mouthpiece for no organization or anybody. Let's get that squared away right ~ow., I have always said, and I always will say that, I give credit where~it ~s due. On my one issue I am going to give some credit here, and that is to Michael LaGrande. I know Mr. LaCrande and I didn't agree On the~ M~Donald ~ssue, but that's all right. Everybo. dy is entitled to their own qpinion. But, you know when I look in Matt~tUck, now from Bray AvenUe, doWn to Factory Avenue, over to Route [[8, over to Captain Kidd Estate;~ see these red and white soldiers. You are all looking. What i mean '[ ~d'white soldier,- that's a little humor thrown in there. It'.s fire It's good to see that. It helps the fire department, and it we iare going a step forward here. Actually from Southold Park all e way to Factory Avenue we have no pressure hydrants, we ~have wells ~; the ifire department, but no pressure hydrants. RiveFhead, )lleted theirs all the way up to the Laurel line, Route 25. )ressure hydrants, red and white soldiers all the way UP to fact they even have them down Sound Avenue. They La of .'s good to see thls~ I only hope' that'maybe'~ just are future, we won't be forgotten about in I~aurel on the Main 260 SEPTE E Road, our little red and white soldiers. Now, talk about open space, land preservation, I think I got an answer on this Bell Atlantic Cellular Tower deal. You got this open space, you have no problem. You got plenty of open space to put the towers. We don~t have to worry about residential or anything. What's the big deal? Now, I was down to Orient Point this weekend on Sunday. I went to the ferry at 3:00 o'clock. The amount of cars parked along the shoulders all the way down to the State Park entrance. In fact, I actually had to give a right of way to the bicycles, because they were on my lane, because they couldn't use the bicycle lane, because there were~cars parked there. That was alright. I think it'S saying something, to us, that I guess that problem back with the 'Orient Point ferry wanted to purchase some land for parkln! outcome of it, gets us no place to shoulder, and alt over the place. coming back to haunt us now. Cars ali over out there. It's too bad that the Cou where the old hotel used to a Town wouldn't let them. 'lti was too County tOok it over. That would have been LeYel it ! spE wan Town pares, so t never want it, and this is the you got 'to park along the I think it's place. Need more parking over that north field there ye~ars back~' abdut ten ~= to 'd~¥~lbP that <'land in there; else ou ivei~ we there. People were using the picnic bench~sr.' The, kid 'tl~e .equipme.nt there. We got two Little baseball mf°rmatl0n >center thi~re. We haye to so th happening in 'the future of giving away our two and a half acres whatever reason, who ever had any reason, or what reason they had to d:o so~ Come close to doing it befOre even the people had a on or people had anything to say. I suggest that, food for a resolution to protect our parks, so this will never happen. I will step down now. 'Somebody else wants t_o speak. I have so man,/- things! ~to ca~tch up on. SUPERVISOR COCHRAN: That's what happens when you take vacations. JAY GARGANI: Jay Gargani, Southold. Earlier on I heard the Board members say that open land is a good thing, because it keeps cost down. We don't have to patrol it. We don't have to do various things. We all'know that persons, places and things generate conditions. That is absolutely true. On the other hand certain services are needed. The key word here, really, is, is it appropriate where placed? You know Manhasset is an exclusive bedroom community, and it has the miracle mile, but it is set off from the residential areas. It was planned. It was appropriate. You make your characterization matching funds. Beware. In 1975 New York City got itself into a fiscal jam. Employees weren't even paid as the consequence of the matching funds. To me the characterization is llke two guys at al bar. They are matching fund, too. You buy a drink, and I will buy' a drink. You 'both wind up drunk and uncontrolled. That's dangerous. YOu ik. now everyone thinks that the open land doesn)t have any cost. It may rtotl~have any high profile cost, but there are costs involved. First of all, usually a bond carries a very long term of repayments. How can anyone here ~sa¥ ten to twenty years down the road, that" there will not be other si~ua~tlons generating themselves in a more timely, and a more forceful i manner impacting on the lives of Southolders. Aren't we really putting a bind to a certain extent? Are we aware of the ,constrainlng 'That, too, I think is important. Also, I would, like to know a about the Planning Board, how it fits: into the interstructure government, essentially who is in charge? I think that Ph dealing with the sensitive issues that they do deal With, should have special qualifications, perhaps even profile eva personality tests, such as are being given to policemen, ,as we now, which is a serious issue in Nassau County. These thing., are extremely important. I think it's important, too, that Planning ,oard decisions should made in a specified amount of time. I realize are ingredients there that require very careful evaluations, time has proven, time and time again, that dragging SEPTEMBER 2, 1997 invariable strengthens a respondent, and hurts the plaintiff. Dragging out a proceeding can never be considered to be a exponent of democracy. I think that the Supervisor has a wide area to supervise. I personally would like to see community captains appointed on a voluntary basis most likely to keep cost down, and these people could report to you things that they see going on. For instance, in New York City there is a Unit ~21 in the Police Department called the Highways' Patrolmen Conditions, observations being made, recommendations made, action taken. I can tell you that I made multi-visits to the Southold Library. There are c.onspicuous signs there, no skateboarding, and yet repeated y the skateboard,ng goes on right in front of .my eyes, and I am sure :the eyes of others. Masonry is being damaged, loss being incurred. My question, why aren't actions being taken7 I think that is pretty much my situation~ SUPERVISOR COCHRAN: I don't quite know where you want me to start. You had quite a few questions. The Planning Board. The Planning Board is created by the State of New York. I think probably back in the '50's. The Planning Board is:.appointed 'by the Town Board. They also have at their ~lisposal a Planning staff, who are professionals in the field of planning. JAY GARGANI: Are there special qualifications? SUPE[ ~ COCHRAN: For members of the Planning Board? No. Usually people apply from the community. There are times that we are lucky if anyone app ~es at all. JAY GARGANI: In terms of power structure, how are they probable to the B0a~d's powers? Who rules who? Who is in charge? SUPERVISOR COCHRAN: They are antonymous of the Town Board. The only :relationship we have with them is appointing the members of the Board, but they are antonymous. We can not tell them what to do, or how to do.~it; They make their own: decisions, and it's like the Trustees. The Tr.ustees are apart from us. They are appointed, but even your elected Boards are not responsible except_ through a budget to the Town Board. Skateboa~rding? Laury, do we have anything on the Code on skateboarding? TOWN ATTORNEY DOWD: I am pretty sure that there is some restriction on it. SUPERVISOR COCHRAN: It's private property. pilaCes, and l.usually they put their own signs up. we have an ordinance. The library and these That why I am asking if TOWN~ ATTORNEY DOWD: They could call the Police Department. S.UPEI~VISOR COCHRAN: Even the banks, any place that has a parking 10t, or curbing they posted their own signs. It's private property. TOWN ATTORNEY DowD: I don't see anything, not in a very quick review. SUPERVISOR COCHRAN: I personally think we don't have anything on the books, because it is private property, so they do their own posting. JAY GARGANI: The only work that I want to reiterate again is that services are needed. You can not possibly put all the costs of government on the backs of residential taxpayers. Inevitably they will have to be some kind of a turnaround, and of course, the key word again has to be appropriate.. If we can anecdotal for a minute we can simply say then, we 'may as well give free cigarettes, and free alcohol to senior citizens to keep our health costs down they will die sooner. I don't think it's such a good ildea. I am just saying that is important to recognize certain things, but these certain things must be in balance with the total environment. SUPERVISOR COCHRAN: This will be on the ballot in November, and the community will make the decision on this bond issue. COUNCILWOMAN HUSSIE: It's unfortunate that the resolution you saw on the agenda just says, vote on a resolution for $2,000,000, but actually this is all of the steps that have to be taken in order for you to vote on November ttth for this bond issue, or against the bond issue. Actually it is your decision, not ours. All we have to do is put the process in motion so that you can make that decision. That is what all of this was. JAY CARGANI: Perhaps the Board members provide guiding light on issues like that, because you see how many people are before you, and it is not that easy to reach all the people of the town ~n order to provide them with the necessary information to vote intelligently on matters such as this pending consequences thereof. COUNCILWOMAN HUSSIE: I sure the papers will help us to that. MELANIE SANFORD: My name is Melanie Sanford, and the former speaker brings, up a very significant point, when he talks about possible personality tests. What is the criteria for some of the Town employees, because a lot of public positions out in the community, they are dealing with members of the community, and specifically I just wanted to just mention an incident on my street, that happened on Friday involving the Highway Department. The Highway Department has been in our neighborhood to do some road work, and they, also, have been down there overseeing some surveying operations, and they were there Friday to do some ,tree work. Coming from Locust Lane you can probably understand what my concern is regarding the tree work, so Friday morning about 8:30 I went to speak to the crew, and I asked them rvery elemental questions. Who requested this work? Is it in writing? Is there authorization? I have to say I was treated very rudely, very rudely, and th~' kinds of answers I was given were, well, Ray Jacobs is on vacation. It's not in. writing, and we are here ,to do a job. I feel as a member of this community, you know those are pretty valid straight forward questions, and I was very~upset by the kinds of answer I was gi~/en, and the crew continued to their, work to the point where one call was made ,~to Town Hall, and fortunately Mr. Forrester, Ed ~Forrester, the Code EnforCer, and Building_Department 'Director came out, and took charge of ;, the , situation.' He spoke to the residents. He spoke to the employees, and successfully he curtailed a lot of the trimming th. at would have taken place that would have been unnecessary and, u~authOrized, and I would tike to thank Mr. Forrester for his professionalism, and I really, really do appreciate it, and I think that the Town Hall could benefit from some of this professionalism. I don't know if you do have personality tests, or you have, you know, kind of seminars,, or programs to train people that are going to be dealing with the public how to handle the public, but I just wanted to bring it to the Town's attention, because the way I was treated on Friday I really hope it is not repeated again, because work is going to be continuing on Locust Lane, as it seems be these past few weeks. It's really not acceptable, the behavior we were subjected tO, so again, I just wanted to thank Mr; Forrester for coming out, ~and really taking charge of the situation, and being very professional, and it's a real credit to the town, really, the way he behaved anyway. One other point, I just want to say, that I also saw on Channel 27 the scheduling for "the 11:00 O'clock has been restored. I know I sent a letter to'the Town Board, LaUry in particular, and if you had anything to do with that i just wanted to thank you as well. We aFe really pleased that evening program, 11:00 O'clock is now being shown again. So, thanks again on that note. JIM HICKEY: Jim Hickey. I heard some things here tonight, that really upset me, the dump situation. Being a former police office, charges could be brought to a certain officer that refused to transport. That's ~pretty serious. Another thing came to my attention. Handy 'Pantry in Mattituck, one of the owners, Walter Peterson, Sr., is a retired Suffolk' Detective Sergeant. He told me last week that one of his night managers called the police in regards to disorderly youths congregating out in the parking lot, and harassing people to buy them beer. He said, the night manager said it took one hour for the car to respond. He said in the future he is going to call SP in Riverhead. Now, if all these things are true, I think it's high time, Madame Supervisor got together with Jim Stark because in today's paper it quoted them as saying they had to call Tanger to find out what was wrong yesterday, that they had gridlock around the mall. If it is getting to be that much of a problem out here in SEPTEMBER 2, 1997 263 these two towns all you have to do is get together, and merge both departments with Suffolk, and let Suffolk handle the problem. Thank you. SUPERVISOR COCHRAN: Thank you. Yes, ma'am? JULIE SANFORD: Julie Sanford from Southold. This morning I attended the Work Session in which there was discussion about the wireless communication towers, and it seems to be the similar theme here about putting them in residential areas as opposed to other zones, which ! feel kind of pertains to the same issues that we are dealing with as far car dealerships in residential areas, and I have to say; Councilman Moore, I listened, and I heard you say, don't you believe if there was a more appropriate zone the applicant would go there first? Well, I feel that it is up to the Town Board to direct the applicant to the most appropriate zone, rather than the' most convenient, and I also feel that, you know, car dealerships' have never been allowed in residential zones, an..d, never been allOWed in ham[et zones, and I think these are the more sens.tlve areas, as oppbsed to other zones, and I just felt compelled to bring this to your attention. SUPERVISOR COCHRAN: Thank you. Mr. Carlin? FRANK CARLIN: Just a couple of things ! forgot to mention, Madam Supervisor. When I was speaking about the fire hydrants, and stuff, I don't think the people realize, some people don't realize when you llve in a district where there is a fire hydrant you get a reduction on your house insurance. Joe, you know that as an insurance agent. A lot of people don't know it. I would be honest with you, for awhile I didn't know it myself either. One other' ~hing is, we have an ordinance on animals that invade peoples' property, arid destroy things on their property. That is dogs and cats, I believe it is. SUPERVISOR COCHRAN: Dogs. COUNCILWOMAN OLIVA: Leash Law, no cats, only dogs. Dog control. FRANK CARLIN: There'~ hothing on cats? That's what I am going to say right now. If you don't have a farm, you should have it on a lot of animals, because there is more animals in town than dogs. I know a case right in Cutchogue, I wasn't going to say this, but I know a case in Cutchogue, the woman is a widow, and she has planted a garden to grow tomatoes. In this particular instance these animals come over, and destroy her garden, and are destroying her property. She called the police. She called the Ordinance Inspector. Nothing can be done, because the only thing You have in the ordinance is for dogs. Let's add in general, animals, to this ordinance, so this woman and other people like this, with this kind of a trouble can be covered. What is the big deal of just a dog? It a shame this woman, she lives by herself, she puts her heart and soul into this garden, every time~ she looks animals always destroying her garden, and can't do nothing about it. SUPERVISOR COCHRAN: What are they, deer? FRANK CARLIN: No, they are not deer. They are Guinea hens. I wasn't going to mention it but there's got to be something done about it. The police can't do nothing about it. Forrester can't do nothing about it, so let's add it. You make all kinds of resolutions, let's put in resolutions, that dogs~ or even cats, and animals in general, that's all it takes, that word in general, that something can be done about it. SUPERVISOR COCHRAN: Thank you, Frank. Sir? FRANK CARLIN: You make all kinds of resolutions in Zoning Codes. You can put towers in there, but you can't put a simple word in there. This woman has to be aggravated. JIM HICKEY: Jim Hickey, Mattituck. Address Councilman Townsend. The issue of these cabins out at Orient Beach State Park. COUNCILMAN TOWNSEND: Cabins? JIM HICKEY: Yes. I understand the Cowen family bought property, ,and they are going to donate it to the State. Is that correct? COUNCILMAN TOWNSEND: I am not familiar with this. the JIM HICKEY: You will have to speak to the park manager someday, it was to be put out about how the community felt about it. It seems a certain newspaper twisted the facts, and I believe Mr. Kapell would make a retraction, is that correct? Sir, you address your remarks to the Town SUPERVISOR COCHRAN: Board. JIM HICKEY: Anyhow, they led you to believe, like there was going to be twenty cabins. That's a fallacy. There is only going to be possibly five cabins up at the Main Road. At first I was against it, but coming out of the park you see the old King house, and a few other houses, and that blue monstrosity jutting out of the wetland there. What harm can it do? Councilman, how did your Labor Day armada or flotilla, whatever it was, lessening civil disobedience, how did that turn out? COUNCILMAN TOWNSEND: I think it turned out well. I understand the editor had to call the park, and Is that true? The State Police or a park personal JIM HICKEY: I don~t. say, where is everyone? come down to that site? COUNCILMAN TOWNSEND: No, they did not. JIM HICKEY: Okay,"l.guess it didntt work. As far as I know they have been telling people, don~t put a boat there for the past thirty-some years. Am I right? COUNCILMAN TOWNSEND: I have been going there for about forty years, and no one has ever told me. I guess I was lucky. JIM HICKEY: Right. You said it was the residents' right to go over there, you know your forbearers? The only ones that have a divine right there are forbearers, where the Wyant, and had feathers at the end of their braids. You know anything about the sea plane that came in, and had a picnic there on Saturday? COUNCILMAN TOWNSEND: No I don't. JIM HICKEY: He said he does it quite often. Is Hallock's Bay a designated landing for sea planes? Is it marked with buoys stating so to warn boaters, and jet skiers, or whatever to watch out for planes? COUNCILMAN TOWNSEND: Have I been quoted as being a proponent of sea planes? JIM HICKEY: No, I'm just asking you. You are familiar with the waters. Are there any of those things.there? COUNCILMAN TOWNSEND: I did see the sea plane. I heard that there was a sea plane, that came in there. JIM HICKEY: But I~m asking you, is it a designated area for a sea plane to land? COUNCILMAN TOWNSEND: I don't think so. JIM HICKEY: Right, because it's covered by the General Business Law, the Aviation section. I'm going to tell Chief Zlgler to have patrolman forward that tape they took of the incident to the FAA in Farmingdale, and have that pilot's license revoked. What he is doing is almost, you know, it's unbelievable. What if some child got in the path of an airplane that was just about to touch down? If you give it full throttle itts only going to tauck 'and flip over, and then you are going to have a beautiful catastrophe, plus all the pollution that is going to end up in the bay. SEPTEMBER 2, 1997 265 COUNCILMAN TOWNSEND: I don't think sea planes are a good thing to have landlt~g in Hallocks Bay, or anywhere where the public is, JIM HICKEY: They are only allowed in designated areas properly marked by buoys and signs. I told people, certain people, when they get complaints about loss dogs down in that area, people picnicking and such and such, they should advise Councilman Townsend of the Southold Town Hall, or Troy C;ustavson of the paper. SUPERVISOR COCHRAN: .Okay, let's bring this up to a different level, and address the To~vn Board with your complaints instead of these personal attacks, please. JIM HICKEY: ;We have a nice crowd tonight, I notice. I guess people, are interested :in ;what goes on in Town Hall. I know I am, because i vo~:ed for everybody on-this Town Board, like I said when Madam Supervisor came into offlce with the exception of one person in this room. SUP:ERVISOR.COCHRAN: Sir, please. Are you about finished? I'm going to close this down. I am going to. cut this off. Is there anyone else that would like to address the Town Board? Let's have it of some value. Yes, ma'am7 DO OTH¥;WOLF: Once again, Dorothy Wolf, Anti Bias Task Force. I you guys, and the audience, and particularly Channel 27, we '.~ a very special guest at our meeting on September 18th, meeting. Pat Acampora is going to be our guest. She is :10:00 o'clock in the morning, and we are looking forward to that. ! will be dropping into your office, Judith. I will be bringing you our:news reidase. I w~int to thank you very much for hearing us before. SUPERVI. SOR~COCHRAN: Thank you. Yes? JUI~tE S~NiFORD: Julie Sanford, again. I would just like to reiterate one mo~ ~make it part of laws, do not leave it up to the applicant to zone, and do not leave it up to the study groups to let appropriate. I-feel this should be part of our laws. I ' that one more time. SUPERVISO~:!COCHRAN: Thank you. Mr. Wickham? TOM Wl~ resolutio my ques fee for Tom Wickham from Cutchogue. I am interested in the authorizes the $35.00 fee for farm stand permit, and Feally is, is this a new permit, or you are just establishing a permit? SUPERVISORI COCHRAN: DOWD: year. was It's a new permit. It's establishing a fee for a permit system, that TOM WI~:K~i~M: But the permit requirement has been there before? Has (his beei3.~ ~ecommendation from the Agricultural Advisory Committee? COUNCIL:MAN MOORE: As to the farm stand? TOM: WIC~KiEIA~M: I am asking the Supervisor. haven this to OCHRAN: I don't know if it has been discussed. They a While. The last time we met we discussed other things, but ge has not been discussed with the Ag Committee. TOM WIC;KHAM: Thank you. SUPERVISOR COCHRAN: You are welcome. Anyone else like to address the Board? (No response.) If not, I will call for Board reports starting on my right wlth Mrs. Hussie. .266 SEPTEMBER 2, 1997 COUNCILWOMAN HUSSIE: I am going to report. I went to New London on the 22nd of August, and it was very interesting. As you' know the.. I don't know exactly who the bad people are, but they are dredging up near Electric Boat, and dumping a lot of that stuff, that hazardous waste in the Sound, and the place they are dumping it is within the Town's jurisdiction. The Town is a participant in a lawsuit to have this dumping stopped, and I was able to go up there to a meeting, that this has been before a Judge, the Judge asked the parties to meet, to try to settle their conflicts, and it wa's quite interesting. Unfortunately I am swore to a vow of secrecy about what the actual topics were, but to just give you a idea of the number of people and the kinds of people, that are involved; we had people there from the Fishers Island Conservancy, from the U.S. Navy, very good, and I occasionally watch a program on TV called= JAG, actually met one of the female lawyers from the Navy there. She was there, too~ and I said, my goodnesS, I never thought I was goi~ng~to: get.~chis'..Cl0se to it. (taPe change) COUNCILMAN TOWNSEND: A couple of things, if you noticed on the Work Session agenda items, there was an item on Police. We had interviews for Policeman. As you may, or may not know, we t~ave had several people retire in the last 'year, and so we will be hiring probably several more policeman. The amount or the number is still a matter of debate. It'S~ not on the lUse 'of a couple thlngs~ You saw the article, maybe, in the the people more we are have some pretty qualified people applying for the Police Office these days, and that is because it is a very good job ~these days,, and~ pays a lot of money, and so we have to consider these things: carefully, but I guess we will be talking about that at ithe next meeting. In refeFencei~ to the comments that were made earller~'in the meeting, I heard i from ; several people that were very concerned about 'what appeared ilo be a :new licy on Long Beach, Which is. a State 'Park. 7They were c( wer. e being told they had to leave the beach. They would off their boat, and sitting on the beach, or whatever on Long it is something that many of us have done for years, and years. ~:1 understand there has been a sign there for sometime saying, no swll no landing your boats, and so forth, but it was one Of those thing didn't cause great concern, and it's been something that many .~ town have enjoyed doing, and heard from people all over the Orient~ because I guess I became a focal point after the comments t;l~at I. made. I do think that it is unnecessary. That beach is a prist~ine condition as far as I can see. The hundreds of thousands of people that 'con~e and use the park every year, and not enjoying walking on the beach. T.:here does not appear to be any damage. We looked over the beach inl our lclvil disorder, or whatever, civil disobedience action this weekend. We looked over the beach and we were hard pressed to find any kind of debris, or any kind of evidence that there had been any damage at all. So> I have asked the Supervisor; at the Town Board to write a letter to Berr~adett~e .Castro, who heads up Parks and Recreation Committee, to see if that` i~blicy can't be amended to allow people to sit on the beach with whatever appropriate guidelines there are relative marking off bird nesting areas, and preserving the other area. I don't think it's of great danger, and it has provided a lot of enjoyment for many years for the residents of Southold, and the number and cross section of people, there were over 100 people on this particular event, .a. nd they inclu, ded a Judge and several iawyeds, and a few ~people. So, I ,thank!Mt s something publisher you mentlonedr and quite a ' ' that ! would hope the Department of Parks and Recreation can help us with. That's basically it, Jean. SUPERVISOR'COCHRAN: Thank you, Joe. Ruth? COUNCILWOMAN OLIVA: We had meeting with the DEC just to go over what the procedures are going to be as the capping and the closing of the Landfill. I think we were hoping for more variances, and being able to do a few more things, than we thought we would be able to do, but I think they are sticking pretty close to the Part 360 Regulations, but we will perhaps SEPTEMBER '2, 1991 26.7 be able to do something, at least as far as the composting is concerned. We had the AJ3ti-Bias Task Force meeting last week, a week ago, and I would again invite you ali to come to our meeting on the 18th to hear Pat Acampora. She voted against an Anti-Bias bill, and we have just asked her to explain her reasons for doing so. We had Land Preservation Committee meeting. We have a new Chairman, Dick Ryan, and I think it is going to be a very active committee in promoting and. looking. ' n for parcels of land that are contiguous to our present farmland acqulsltto , so that we can have a real solid block, especially in the Mattltuck-Cutchogue area, and we have before us a proposal from a farmer. The Town Board has already said that we can divide this parcel, the Dickerson parcel, into two distinct parcels, so that they could sell.it easier. .One Would. be 'na vineyard, and the:other is a horse farm, so it was a unique exper.lence I all the years i have been going to the Land Preservation Committee from Senator the problems experiencing Jetty. I think funds with ;the to H0rton Point. owners, and to our T~uStees, who give out the p groins,: or you, so there is some data make t~he~r everYb0d¥ that, and a few weeks ago I met with representatives dle~s .Office, and Pat Acampora was there, to discuss east of the. Mattltuck because they are SUPERMISOR COCHRAN: problems as the people rill announce, too, that continue the study from Thi:s wlill certainily be the way or Labor Thank you, Ruth. William? COUNCILMAN MOORE: I will be real brief. I had a very nice week's vacation here in Southold last week,, and ! look forward to a very active fall here with the Code Committee, and a variety of things that are on our plate t:o get done, not the least of which is that Cell Tower Ordinance. SUPERVISOR COCHRAN: .There-are a couple of things I would like to share. We have received a grant of $297,000 to do the study along our shoreline from Duck Pond Point to Horton's Point. Senator LaValle~s office did call last week, and there is a distinct possibility that these funds can be matched through the EPA, and this would give us double the amount and we would then be able to do this study fr. om the Mattltuck Inlet down to Horton~s Porn, which is most of our shoreline. The problem is more than just one particular spot. It is a matter of erosion along the entire coast of Southold Town, and I think if we have this opportunity, for the funding, and it~ would not cost the Town, that is something that we should do. As you know last week I held the change in the Code for no parking on Rocky Point Road. I asked that Mr. McDonald would come in, who is part of his business was reducing liability, and several fishermen, so we ended up with about four or five people coming in. We came up with some options. We started to lay down a network of things that could be done. We are meeting again this Friday morning at 9:30 with residents from-the area, down Rocky Point Road, for their input, and then it Will be coming to the Board, and hopefully we can find a solution to this problem. I had a meeting u!p at Headquarters the other morning. It took most of the morning to review~ the evacuation plan. We are going to be having a drill on September 28th in relation to a Millstone disaster. I don't like to put it that way, but it would be a Millstone disaster, and see if we have everything in place to be able to support, and bring those people here, and what we would have to do, so that is going to take place on Sunday the 28th. I also attended the East End Supervisors and Mayors meeting this past week. We discussed the scenic significance, because the five East End Towns have been looking at that, and we feel that there is the possibility of matching funds is stronger if the five towns apply for the funds as a group. There has been no decision made. I came back to find out what my Board's opinion was, and of course they are supportive of it, so we will go back, and see if we can convince everyone in the five East End towns, be it Mayor, or Supervisors, that this could be a worthwhile thing. I would like to, once again, thank the custodial staff for the job that they did this year as far as the flowers out front. We have had many, many compliments about how lovely Town Hall looks. Mr. Catapano SEPTEMBER 2, 1997 donated all the flowers. He gave us enough so that we were looking for places to I~lant them~ They are up at Police Headquarters. They are down on the corner. They are around the entire building. He was very generous, and it looks lovely, and we are having many, many compliments. I would just like to take a reminder the last thing, to remind everyone that school opens tomorrow, and we would appreciate slowing down on the highways, and being cautious of the school buses, and kids walking to school. Alice, just thought of something. COUNCILWOMAN HUSSIE: I thought of something very important, and this is another referendum that is going to come for the people in Suffolk County, and it has to do with the LILCO-LIPA vote situation. The Suffolk County Legislature= has been fOrtunate in getting permission to put that proposition on as a referendum, and something for you to vote about. I know there is not much information out there. Most of the information that you are hearing is from LILCO and it is being published by Newsd~y~ and there is very I~ttle. There are no funds for adVertiSements on'TV, or in the paper, or anyplace, to tell you the other side. Please, find out'all that you can before you vote., I~m going to be talking. I think ! am going to have to check on how much I can say about~ this,, because if I am the only way that you .can get th~s information I~ am goll ~ot know if I can do it i' '" n this forum. check. SUPERVISOR COCHRAN: May ~.1 have a motion to adjourn? Moved by Councilman Moore, seconded by Councilwoman Oliva, it was RESOLVED that this Town Board meeting be and hereby is~ adjourned at 6:10 P.M. Vote of the Town Board: Ayes: Councilman Moore, Councilwoman Ollva. Councilman Townsend, CotJncilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Judith T. Terry ~/ Southold Town Clerl~