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HomeMy WebLinkAboutTB-10/27/1998REGULAR MEETING A Regular Meeting of the Southold Town Board was held on October 27, 1998, at the Southold TOwn Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at [[:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: May a motion to approve the audit of bills on October 27, 19987 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $308,55[[.12; General Fund Part Town bills in the amount of $9,[[18.08; Community Development Fund bills in the amount of $[[,329.80; Highway Fund Whole Town bills in the amount of $11,32[[.94; Highway Fund Part Town bills in the amount of $792.57; Ag Land Development Rights bills in the amount of $6,603.93; Landfill Cap and Closure bills in the amount of $L[1,897.01; Fishers Island Ferry District bills in the amount of $17,5[[6.7[[; Shorecrest at Arshamomaque bills in the amount of $18.00;- Refuse and Garbage District bills in the amount of $142,[[39.17; Southold Wastewater District bills in the amount of $8,279.77; Fishers Island Sewer District bills in the amount of $7,822.71; Southold Agency & Trust bills in the amount of $13,166.0L~; Fishers Island Ferry District Agency & Trust bills in the amount of $920.62. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: A motion to approve the minutes of October 13, 1998, Town Board meeting? Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the minutes of the October 13, 1998, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Setting the date of the next Town Board meeting for November 10, 1998, for 7:30 P.M. Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the next meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, November 10, 1998, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. I. REPORTS. SUPERVISOR COCHRAN: For those of you, if you do not have an agenda, there are some out in the front hall. As always we receive reports from all of our committees and our departments. They are placed on file with the Town Clerk's Office, and they are public information if there is anything there you have an interest in. 2. 3. 1998. 1998. 5. 1998. 6. 7. Southold Town Trustees Monthly Report for October, 1998. Southold Town Dog Shelter Monthly Report for September, 1998. Southold Town Program for Disabled Monthly Report for September, Southold Town Justice Evans' Monthly Court Report for September, Southold Town Justice Price's Monthly Court Report for September, Southold Town leave time taken for the month of September, 1998. Southold Town Police Department Monthly Report for September, 1998. II. PUBLIC NOTICE. SUPERVISOR COCHRAN: We have one public notice in relation to Southold Town Fall Leaf Cleanup. 1. Southold Town Highway Department schedule of Fall Leaf and Brush Clean-Up Week. III. COMMUNICATIONS. SUPERVISOR COCHRAN: We had a thank you for Hands Around the Bay Cleanup, and a letter from Shirley Strum Kenny, who is President of the State University of New York at Stony Brook in relation to scholarships for the Breast Cancer Series. We, also, received a letter. Ruth Chapman from Southwold has been visiting with us for the last couple of weeks, and she brought greetings from the Mayor of Southwold, England. Also, County Executive Robert Gaffney signed legislation known as Suffolk County Community Greenways in relation to the farmland, and open space, and acquisition of farmland. We also had a letter from Robert Caffney. I took part in a summit that was held for East End Youth Summit in Riverhead at the college. It was a thank you for representation there. Also, in relation to the Riverhead Foundation for Marine Research and Preservation, you know we have many people here in the Town of Southold volunteer to walk the beaches to look for turtles in the winter, that are near freezing, and they use Town Hall as a training seminar, so they were thanking us for the use of Town hall. We, also, had a letter from a gentleman on congratulations on getting sign rules enforced. We receive many letters throughout the two weeks in between. Discussions items, which many of them end up being resolutions on the agenda for business added to the ones we have already placed on the agenda. 1. Save the Bay thanking Supervisor Cochran for participation in Hands Around the Bays Beach Cleanup. 2. Shirley Strum Kenny, President of State University of New York at Stony Brook to Supervisor Cochran in regard to invitation to Bell Atlantic Scholars in Breast Cancer Series. 3. Mayor John R. Winter with greetings from Southwold, England. 4. Robert J. Gaffney, Suffolk County Executive in regard to s~gning of legislation known as Suffolk County Community Greenways authorizing a referendum. 5. Robert J. Gaffney, Suffolk County Executive thanking Supervisor Cochran for dedication to the East End Leadership Summit. 6. Robert DiGiovanni, Supervisor of the Riverhead Foundat|on for Marine Research and Preservation in regard to use of Town Hall on November 17, 1998 for "cold stunned sea turtle beach patrol" volunteer meeting. 7. Supervisor Cochran and Town Board members thank you received from Hands Around the Bays Beach Cleanup for their participation. 8. Bill Albro congratulating Supervisor Cochran on getting the sign rules enforced. OCTOBER IV. PUBLIC HEARING 1. 5:00 P.M.. on a proposed "Local Law in Relation to Amending Certain Sections of Chapter 97 entitled Wetlands of the Town Code of the Town of Southold". V. RESOLUTIONS. SUPERVISOR. COCHRAN: You know the Town Board has a policy that we would invi~ce any comments, or position, in relation to the resolutions that are on for passage, and later on in the agenda, at the end of the meeting, we also have'time set aside for anyone to discuss any Town business at all. So at .this time if there ~s any comments In relation: to any of th resolutions on your agenda I certainly entertain that at this time. Anyone like to talk to the Board in relation to any of the. resolutions? (No response.) If not, we will begin our action. .-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Cutchogue Fire Department to use Depot Lane and New Suffolk Lane,: Cutchogue,. New York, for their Annual Halloween Parade to commence at 6:00 P.M., Saturday, October 31, 1998, at the Cutchogue West Elementary ~chool, ~provided they file with the Town Clerk a One Million Dollar CertifiCate of InsUrance naming the Town of Southold as an additional insured. .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Huss|e, Supervisor Cochran. This resolution was duly ADOPTED. 2.-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the TOwn Board of the Town of Southold hereby grants permission to the Sduthold P.T.A. to use Oaklawn Avenue, Southold, for their Annual. Halloween Parade on Saturday, October 31, 1998, commencing at 1:00 P.M., pro~ided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. 2.- Vote . of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 3.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds Union Free School District to use Village Lane, Orient, for their Annual Halloween Parade on Friday, October 30, 1998 at 1:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. 3 .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. ~.-Moved by Councilman Murphy, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to srgn the 1999 New York State Office of Children & Family Services Program Application, for the Southold Town Youth Services Program, all in accordance with the approval of the Town Attorney. 4.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. OCTOBER 27, 1998 5.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute Revision Number One (1) to the Airport Improvement Program Master Agreement on Terms and Conditions of Accepting Airport Improvement Program Grants, as required by the U.S. Department of Transportation, Federal Aviation Administration, for incorporation into every Grant Agreement executed after October 1, 1998 for Elizabeth .Field, Fishers Island, New York, said agreement and revision all in accordance with the approval of the Town Attorney. 5. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romaneili, Councilman Moore, Justice Evans, CoUncilWoman Hussie, Su pervisor Cochran. This resolution was duly ADOPTED. 6.-Moved by Councilman Moore, seconded by Councilman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the TOwn Clerk to advertise for bids for the purchase of five hundred (500) tons of' Bulk Ice Control Rock Salt for the Highway Department, for the period November 1, 1998 through November 1, 1999. 6.-Vote of the Town Board: Ayes: Councilman ~ Murphy, Councilman Romanelli, Councilman Moor:e, Justice Evans, ~ Councilwoman Hussie, Supervisor Cochran. This.resolution was duly ADOPTED. 7.-Moved by Councilman Moore, seconded by the Entire Town Board, WHEREAS, an annual observation celebrated in school districts throughout the Empire State if SCHOOL BOARD RECOGNITION WEEK; and WHEREAS, school board members' are an invaluable resource as local decision makers responding to community needs on various local conditions, and WHEREAS, school boards are the voice of their communities serving the interest of school children and preparing them for the future, and WHEREAS, school boards Continually strive for improvement and progress in education, with an understanding of the need for commitment to growth in New York's public education; and WHEREAS, the men and woman elected by the people as members of New York's Local Board of Education have earned deserved commendation and appreciation for their dedicated service to the people and Children of our state, now, therefore, be it RESOLVED that the Town BOard of the Town of Southold hereby proclaims OCTOBER 26 TO 30, 1998' as SCHOOL BOARD RECOGNITION WEEK in the Town of Southold~ and be it further RESOLVED that this proclamation is hereby dedicated to the: FISHERS ISLAND SCHOOL BOARD GREENPORT SCHOOL BOARD SOUTHOLD SCHOOL BOARD MATTITCICK-CUTCHOGUE SCHOOL BOARD 7. -Vote of the Town Board.~ Ayes: Councilman Murphy, Councilman Romanelli, Councilman MoOre, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 8.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold I~ereby grants permission to Kenneth Reeves to attend the Fourth Annual Downstate Recreation Conference on Wednesday, November 18, 1998 at the Westchester County Center in White Plains, New York, and the cost of the conference $53.00, to be a legal charge to A7020.~,.600.200, Meetings and Seminars. 8.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. ......... :,;!;!/i~.OCTOBER 27, 199:8 :207 9.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Account Clerk Valerie Meyer and Solid Waste Coordinator James Bunchuck to attend a one (1) day seminar on "How to Organize and Maintain Files and Records" on December 16, 1998 at Melville, New York, and the cost of $99.00 per person and use of a town vehicle, and meals shall be a legal expense to the 1998 Solid Waste District Budget. 9. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 10.-Moved:.by J~ :onded by Councilman Moore, it was RESOLVED Board of the Town of Southold hereby the Town Clerk to advertise for a part-time the Southold Town Office of Board of Appeals. 10. - ~ Board: Ayes: Councilman Mur~phy, Councilman Romanelli, : Moore, Justice Evans, Councilwoman HUssie, Supervisor Cochran. ThiS'resolution: Was duly ADOPTED. 11 .-Moved by Councilman Murphy, seconded by Councilwoman Hussie, WHEREAS, the Board of Trustees of the Town of Southold have requested the closure of a portion of Corey Creek to all shellfishlng from November 1, 1998 to NOvember 1, 1999, for the purpose of placing seed clams on a 12 acre "test" site, south of the Cove condominiums and; WHEREAS, the Town Board of the Town of Southold supports the determination of the. Board of Trustees and recognizes the need for such a closure to' rehabilitate a once productive hard clam resource in Corey Creek; now, therefore be it RESOLVED that the ~Town Board hereby directs the Town Clerk to affix a notice to each: shellfish permit issued advising them of the aforesaid restrictions imp!ement~ed by the Town Trustees. 11 .- Vote of the . Town Board: Ayes: Councilman Murphy, Councilman Romar~eili~ CoUncilman Moore, Justice Evans, Councilwoman Hussie, Super¥isor Cochran. This resolution was duly ADOPTED. 12.-Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Carol A. Kalin to the position of Stenographer in the Office of the Town Attorney at a salary of $28,782.00, effective November 1, 1998. 12. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Su pervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: I would just like to explain that there are several resolutions here appointing people to positions. They have been in those positions, but when they were hired they had to be hired provisionally upon passing the test from the Civil Service, and they have done that, and they are reachable, so now they are being legally appointed by the Board as a more secure employee. 13.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lauren M. Standish to the position of Clerk-Typist in the Office of the Town Trustees, at a salary of $22,658.00, effective November 1, 1998. 13.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman RomanellJ, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. l~.-Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Melanie Doroski to the position of Clerk-Typist in the Office of the Supervisor at a salary of $22,658.00, effective November 1, 1998. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 15.-Moved by Councilwoman Hussie, seconded by Councilman Murphy, WHEREAS, Suffolk County Legislator Joseph Rizzo has proposed a resolution (IR2029-1998) entitled "Town Revenue Sharing Using Proposed Sales Tax Distribution"; and and WHEREAS, this resolution involves the existing 1/~% Sales Tax; . WHEREAS~ Legislator Rizzo has supplied supporting documentation from the County Budget :Review Office, a copy of Which is annexed hereto; and WHEREAS~ the legislation would provide the Town o~. Southold with approximately $2,2u~,~0~.00 under the proposed revenge siiai-ing plan; 'now~ therefore, be it RESOLVED that the Town Board of the Town of Southold hereby supports Legislator Rizzo's resolution IR2029-1998. SUPERVISOR COCHRAN: Just a word here. Legislator Rizzo is not our representative on the County Legislator, but I will be notifying Mike Caracciolo first thing tomorrow morning that the Board has taken this position, and also, ask for his support. COUNCILWOMAN HUSSIE: And that $2,247,40u,.00 is over a ten year period, not all inone year. SUPERVISOR COCHRAN: It is a good piece of legislation for Southold Town, and the Board felt that way, and we will support Mr. Rizzo. 15. -Vote of the Town Board: Ayes: Romanelli, Councilman Moore, Justice Supervisor Cochran. This resolution was duly ADOPTED. Councilman Murphy, Councilman Evans, Councilwoman Hussie, 16.-Moved by Councilman Moore, seconded by Councilwoman Hussie, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 27th day of October, 1998, a Local Law entitled "A Local law in Relation to Wireless Telecommunication Facilities", now, therefore, be it RESOLVED that this Local Law be referred to the Southold Town Planning Board and the Suffolk County Department of Planning for recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Said Local Law reads as follows: A Local Law in Relation to Wireless Communication Facilities BE IT ENACTED, by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold'~s hereby amended as follows: 1. Section 100-13 (Definitions) is hereby amended as follows: WIRELF.~S CO--CATION FACILITY - Any ~ fac/Iity for the iX_~n-em~$_~OIl and/or reception ofwireIess tele~3ommnni~lt~OllS selTice, s or other radio transmiss{on and/or rece~n~ servlee or use usually consisting or a wireless ¢ommnnlt~?on f;R~l~.t~J ail'ay, ¢OallCCt~On cab[es, all e(luipment f~dlity mzd a support structure tO'obtnln the necessary elevation. Tho support stmoture is either · a build'rog, telecommunication s~:.[lg[{.~ax.towe~ or oth~ approved ~huoture. WIi~f.P~S COMIVIUNICATIONS - Any I~dio transmission and/or r~'win~ r~vice or use indudin~ but not limited to. person! wireless servioes as de~ned in tho Te,[~:omrn-n~.~t~Ol~lS Act Of I~, wJllOh Jllol~tdos FCC [ie.,~ oommel~a[ telephone se.z-d.e, es, pe. rsoval communication r~a,ic~s, sped,11=~i mobile radio, en~ncecl ~_~11~,ed mobile radio, pa/~u8 and $1ms'lar servic, es that cllrreatly exist or that may in the 'future be developed. OCTOBER 27, 1998 II. This Local Law. shall take effect upon its filing with the Secretary of State. COUNCILMAN MOORE: This is a Local Law that would amend definitions of wireless communication facilities, and wireless communications to eliminate any possible doubt in anyone's mind the Town Board intended to include towers for radio purposes in their Celltower Wireless Communications law, that we did last year. There is a big debate whether that was included or not, so to avoid any possible doubt this clarifies it, and anyone reading this language will be hard pressed to suggest now that the Law doesn't include that. 16.-Vote of the Town Board: Ayes: Romanelli, COunCilman Moore, Justice Supervisor Cochran. This resolution was duly ADOPTED. Councilman Evans, Murphy, Councilman Councilwoman Hussie, 17.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 27th day of October, 1998, a Local Law entitled "A Local Law in Relation to Wireless Communication Facilities"; and WtlEREAS, this Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, November 10, 1998, at the Southold Town Hall, 53095 Main Road, Southoid, New- York, as the time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Wireless Communication Facilities BE IT :ENACTED, by:.the Town Board of the Town of Southold, as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-13 (Definitions) is hereby amended as follows: W~I,ESS COlVlMU~CATION FACU. ITY - Any~ fatty for the tmn-,m!s~ion and/or reception of wireless tel~Tx)mm?_ml~gOllS Se..'WiC~ or other radio tmnmgsslon and/or receMng service or use usually comisli~ or a wireless comm-,~_~___gon fi[cility allay, colllleclion cables, an equipmeat ~aoility and a support ~a-uctum tO obtain_ tho necessary elevation. Tho support stmolure is either .a buildlnE, telecommtmication ~r ImdiO Imtenns or tower or other approved ~au~ture. WlI~r .~gS COMMUNICATIONS - Any Imdio ~-ansmission and/or reoeivin~ service oruse including, b~ lagt limited to. pexso~ wireless se. rvioes as det~nt~l in tho Te[~comm-ni.~_._RO~S ACt Of 1996, wfiich indudes FCC Ii~ c~nimercial teI~p~no se~vi~ personal communication s~rvioes, sped~ll,ed rnobilo radio, enhanoed s-p~:~liTed mobile radio, pa~ng and $1mff~r service~ t_h__~ currently exist or that may in the ~uture be develop~ II. This Local Law shall take effect upon filing the Secretary of State. ~. 7. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Su pervisor Cochran. This resolution was duly ADOPTED. 18.-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby grants a six (6) six month extension to the terms of office of the members of the Scenic Byways Advisory Committee in order to afford them ample time to accomplish the stated objective under the Scenic Byways Corridor Management Program. Terms of office of members John J. Abele, William J. Boylhart, Nancy C. Butt, Edward R. Miller, Alexander R. Nylias, and Maureen C. Os~ermann are hereby extended to May 12, 1999. 18.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. OCTOBER 27, 1998 19.-Moved by Councilwoman Hussie, seconded bY Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby transfers James A. Richter, Town Engineer Inspector for~ the Southold Town Highway Department, Peconic Lane, Peconic, New York to the Southold Town Building Department, Southold Town Hall, Southold, New York. 19.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 20.-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for members of the Agricultural A~lvisOry Committee. 20.- Vote of the ~ Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 21.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, is was RESOLVED that ~the Town Board of the Town of Southold hereby reappoints and appoints the following individuals to serve on the Southold Town Tree Committee for two (2) year terms of office to expire September 28, 2000, they all to serve in said position without compensation: Reappointments: New Appointments Edward D. Dart Robert Kassner Ural Talgat Sally Stiener Donald Wilcenski Michael Domino Michael Shannon 21 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 22.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Edward D. Dart to serve as Chairperson of the Southold Town Tree Committee for a two (2) year term of office to expire on September 22, 2000, he to serve in this position without compensation. 22. - Vote of the Town Board: Ayes :. Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. Thi~ resolution was duly ADOPTED. SUPERVISOR COCHRAN: Number 23, a resolution authorizing an appraisal on property located on Town Creek at Hobart Road, which the Town of Southold currently has an easement for the Hobart Road Drainage Project, I would like to hold. 2q.-Moved by Councilman Moore, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southoid and the Civil Service EmPloyees Association (C.S.E.A.) are parties to a collective bargaining agreement that provides for an arbitrator to render non-binding advisory recommendations to the Town regarding the merits of certain grievances; and WHEREAS, such an advisory recommendation was made dated on or about September 10, 1998 by an arbitrator in a grievance involving a CSEA unit member's demand to be promoted to the position of code enforcement officer; and WHEREAS, the Town Board has considered the arbltrator~s recommendation and respectfully disagrees with in on the grounds that it ignored the testimony of the Town's witness, improperly credited the grievants~ testimony notwithstanding his failure to accurately recall certain events and discussions general to the grievance, and incorrectly substituted the arbitrator's judgement for that of the Board with regard to the qualifications it had the right to seek from its Director of Code Enforcement; now, therefore, be it OCTOBER 27, 199:8 RESOLVED that pursuant to Section 35, Step 4 of the contract's grievance procedure, the ToWn Board hereby makes a final and binding decision denying the grievance for the reasons set forth above; and be it FURTHER RESOLVED that a copy of this Resolution shall, be immediately sent to the CSEA Unit President. 24.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. No: Councilwoman Hussie. This resolution was duly ADOPTED. ! 25a.- h t ~Justice Evans, seconded by Councilman Murphy, the Town Board of the Town of Southold has proposed a ~ ~ Local Law in Relation to Amending Certain Sections of Chapb ands, of the Town Code of the Town of Southold"; and WHEREAS, the proposed revisions are intended to better define wetland areas for regulation, as well as to expand the jurisdiction of the Town Trustees to regulate development activities in or near freshwater and tidal wetland areas. The current permitting procedure would remain, but small wetlands ;which were not previously regulated would be included under the revised Town Code; and the Town Board, pursuant to the State Environmental Cot on . Law and Town Code must comply with the provisions of and WHEREAS, the Town Board is the agency proposing the action; Be it Resolved that this action is subject to SEQRA; and Be~ .it ReSolved by~ ~the Town Board that the proposed action is an Unlisted suant'~ 6:NYCRR Part 617.12(2); and Be, Resolved that no other agencies are involved with the proposed project; and Be it Fu Resolved that the Town Board declares itself the Lead Agency for 25a.-: the Town Board: Ayes: Councilman Murphy, Councilman Councilman Moore, Justice Evans, Councilwoman Hussie, .... Su[ Cochran. i Thi ~sOlution was duly ADOPTED. 25~- WH Councilman Murphy, seconded by Councilman Moore, the Town Board of the Town of Southold has proposed a Law entitled "A Local Law in Relation to Amending Certain Sections of Entitled Wetlands, of the Town Code of the Town of Southold; WIll the proposed revisions are intended to better define wetland regulation, as well as to expand the jurisdiction of the Town to regulate development activities in or near freshwater and tidal ~reas~ T~e current permitting procedure would remain, but small were not previously regulated would be included under the revi~ ~wn Cod and WH this an Unlisted Action; and WH the Agency is the Town Board of the Town of Southold, Road P.O. Box 1179; 765-1889; Be ~.~Town Board of the Town of Southold as Lead Agency e action will not have a significant effect on the ment and that a draft Environmental Impact Statement need not be prepared; T~e Reasons Supporting This Determination are as follows: Ti~i!s determination is issued in full consideration of the Criteria for Det~ermination of Significance contained in 6 NYCRR Part 617.7, the ..LOng Environmental Assessment Form Parts I and I!, and the following specific r~easonS: 1. In comparing the proposed action with SEQR Criteria for Determination of Significance it is determined that the action will not change, destroy or impact air, water or natural/open space resources, or historiC/archaeological resources in the Town of Southold. The action will not significantly increase traffic volumes, solid waste generation or impact on population patterns, noise levels, or the use of energy. The proposed action Will not create a hazard to human health. 25b. -Vote of Romanell i, 2. The Draft Wetland Ordinance is intended to provide the Town Trustees with the authority to regulate small wetlands which are not currently regulated by the Town, thus, the action is expected to result in beneficial, rather than adverse, impacts. 3. Other minor changes to the existing Wetland Ordinance are intended to clarify the definition of a wetland boundary and exclude artificial ponds from regulation. These changes are not expected to result in any threat to currently regulated wetland resources. 4. SEQRA requires pr!mary consideration of environme.n, tal issues. There is an over.all net environmental .benefit of implementation of the proposed changes In the wetland ordinance, given the need to protect and enhance the .e. cological, open space, and groundwater resources of the Town for the benefit of all benefit~. For Further Information: Contact Person: Ms. Elizabeth Neville TOwn Clerk Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York 11971 (516) 765-1801 the Town Board: Ayes: Councilman Murphy, Councilman Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Number 26 enacting Local Law in Relation to Amending Sections of Chapter 97 Wetlands we will hold until after the public hearing. 27.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Nancy Lillis as an EISEP Aide for the EISEP Program at the Southold Town Human Resource Center, at a salary of $7.23 per hour for 17 1/2 hours per week, effective November 2, 1998. 27. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 28.-Moved by Justice Evan, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute agreements between Harold Cook and the Town of Southold for the Maintenance of the Pump Station of the Fishers Island Sewer District for a period of one year effective June 1, 1998 through May 31, 1999 for the sum of $~,185.00; AND for the Maintenance of the Grounds of the Fishers Island Sewer District, for a period of one year, effective June 1, 1998 through May 31, 1999, for the sum of $2,335.00; said agreements all in accordance with the approval of the Town Attorney. 28.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie,. Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: May I have a motion to adjourn for the hearing? Moved by Justice Evans, seconded by COuncilwoman Hussie, it was RESOLVED that a recess be called at this time, 5:00 P. M., for the purpose of holding a public 'hearing. Vote of the Town Board: Ayes: Cou ncil man Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Murphy, Councilman Councilwoman Hussle, Meeting reconvened at 5:07 P.M. SUPERVISOR COCHRAN: We will hold the Local Law on Wetlands for two weeks, and put it back on. Give you the opportunity to review. At this time if there ~s anyone that would like to address the Town Board on any Town business we entertain your comments now. Yes, sir? OCTO.BER 27, 199;8 HANK KUHN.' Hank Kuhn, Laurel. I noticed in the afternoon session the subject of municipal electricity, if you would just summarize that. COUNCILWOMAN HUSSIE: I guess that is me. Somehow it got on there, but one of things (hat I did suggest to the Board is that in order to proceed somehow .a. long the lines I am hoping that we go that we form a Southold Utility District, which would be the Town of Southold with the exception of the Village of Greenport, and Fishers Island. I was told by the Attorney that you can not form a electric district. So, I am going to have to go back to the drawing board. That is what we talked about, but this does give me an opportunity. You know, last Board meeting there were two gentlemen who stood up and kind of swamped me with volts, and things of that sort, and ! did bone up on that, and I did look in the feasibility study about the voltage, and the stepping down, and all that sort o~ stuff. On, l think, it is page 27 of the report it does mention stepping down. It would The tioned breaking away from the various places where come )Id. The comment was made that be ¥~.expens we realize that. In the first place, whether we will have to ~ does ~, or step!down, is something which e. I .this town. Number two, the lea to do that, so it is not · in addi any of the other expenses previ .thing that I Was not quick on was the of the savings. We bills for Town utilities, and that the Town is su the residents or the businesses, so far. 50% of the sa: other words t still we w( them in It ~e town. S.UI~ERV:ISOR COCHRAN: Anyone else like to address the Town Board? RALPH JOHNSON: Ralph Johnson, Horton's Lane. This is about Cab]evision. In order to present this I have prepared a little chart. It shobid Say, you are here, because this is Town Hall. Here is my problem in a short a time as possible. This is where I am. This is where the service ex|s~ts in one, two, three homes. When I called Cablevision they sent a representative to us, and he said that as far as he knew Cablevision on Horton's Lane did not go across the railroad track. If that is true he must have run cable all the way up to Youngs over to these people. So, I applied for a hookup between this service, which is the closest to me, a neighbor in fact to me. He said, that would be impossible. He said, it would cost; at least $1~500 to do that. I just wanted ail of you to know that ther~ is something going on, that shouldn't be going on as far as Cablevision hookups are concerned. COUNCILWOMAN HUSSIE: Mr. Johnson had called me, and I had suggested that he get in writing the amount of money, and they wouldn't do that, which I found interesting. I can not understand why they deny service, and I can not understand why they would say it would just cost too much, and therefore we are not going to give you any. RALPH JOHNSON: Considering that cable is up Youngs Avenue, which is a long way. COUNCILMAN MURPHY: We are talking about roughly 0`60 feet? RALPH JOHNSON: Yes. Actually my place is just 2/10th of a mile by car, that I checked, and that relates to 0,60 feet. According to the charter.. COUNCILWOMAN HUSSIE: According to our franchise you would have to pay for anything over 300 feet. so that would be 160, but even that expense was not suggested. RALPH JOHNSON: We love television, and we would love to have cable. Thank you very much for your time. SUPERVISOR COCHRAN: May I borrow that? I will see that you get it back. Alice, we have a meeting with Lynn McDonald-who is the government representative of Cablevision tomorrow morning, and I would like to bring this to her attention. We make no promises, but we will give it a shot. Is there anyone else who like to address the Town Board? HANK KUHN: Hank Huhn, Laurel. I just wanted an update. A couple of weeks ago there was a small discussion about the lawsuit the town of Huntington as filed against LILCO. COUNCILWOMAN HUSSIE: What was the question? SUPERVISOR COCHRAN: HuntingtOn's lawsuit against LILCO. COUNCILWOMAN HUSSIE: ! am-told Mr. Like, who is the attorney. The SuperviSor was going to Mr. Petrone. Incidentally, while we are talking about lawsuits, we joined with Riverhead, and I.C;E., the judge was very interesting. AT first they said that I,.C.E. didn't have any standing, because they weren't a municipality. We joined, and then they decided we were too .late, so therefore the whole thing fell through. That was the basis, which ~seemed to me as sort of a chicken and the egg sort of thing. SUPERVISOR COCHRAN: Does anyone else like to address the Town Board? (No response.) If not, I will entertain a motion to adjourn. Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:15 P.M. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, SUpervisor Cochran. This resolution was duly ADOPTED. Southold Town Clerk