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HomeMy WebLinkAboutTB-03/16/1999SOUTHOLD TOWN BOARD MARCH 16. 1999 WORK SESSION Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussie, Justice Louisa P. Evans, Councilman William D. Moore, Councilman John M. Romanelli, Brian G. Murphy, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski. 9:15 A.M. - The Town Board reviewed IV. For Discussion Items. IV, 1. Tax Abatement for downtown areas. This item was placed on the agenda by Councilman Moore who was not present at this moment. It was decided to hold this item until Councilman Moore was present. IV. 2. Notification Rider to farm winery license for Lay-CDr Agricultural, Inc., (previously Peconlc Bay Vineyards, Inc.). The Board has no objection to this. IV. 3. Interviews for a member of the Conservation Advisory Council were set for 9:00 A.M., March 25, 1999. IV. q. Request of Fish Unlimited for funding for environmental testing. Supervisor Cochran would like time to check with the other towns to get more information before making a decision. IV. 5. Prior notification legislation. This was sent to the New York State Association of Towns to see if they support it, but we have not heard back yet. Supervisor Cochran would like to know what direction they are going in before making a decision. IV. 6. Increase in contribution for Memorial Tree Program. The Southold Town Tree Committee has requested permission to raise the fee for the Memorial Tree program from $250.00 to $350.00. (See Resolution No. 18). IV. 7. Committee Appointments and vacancies. (See Resolution Nos. 19 ~ 20 to advertise for members of Landmark Preservation and Transportation Committees. IV. 8. East/West Fire Protection District. This will be discussed in Executive Session later. IV. 9. Cable Agreement. Town Attorney Yakaboski advised that he went to a seminar on this at the NYS Association of Towns meeting and they had excellent speakers. Two gentlemen in particular, and he would like to have one of them come in and speak to the Board. We have been without a contract for four years. Under this condition it automatically renews every six months. Supervisor Cochran advised that it was reported at the last East End Supervisor's Association that three out of the five east end towns had signed on for a new contract. The Town of Southold would like to hear what is new in the field before making any decision. The Board instructed him to invite Lawrence Munroe to come to speak to the Board. Mr. Munroe will come for travel expenses only. Copies of both the past and proposed contracts will be sent to both gentlemen. IV. 1. - The Board was in support of this, with the exception of Councilwoman Hussie who felt that it should cover everything, not just clothing. (Resolution No. 17). 9:[[1 A.M. The Town Board reviewed the resolution numbers 1-20 to be voted upon at the 0.:30 P.M. regular meeting. 10:00 A.M. - Appointment - Planning/Building/Community Development Workshop - Supervisor Cochran thanked all for coming in this morning. The Town Board is looking for direction because they are at a crossroads. The Planning Board the number one agenda item. It is important to the community as well as everyone here. All of these town departments do have a lot on their plates because of the moratorium, 2% land transfer tax, watershed program, etc. The Town Board is having trouble determining just how much help is needed and therefore needs the input from the departments. Supervisor Co~chran advised that if there is additional support ne.e. ded by the staff, now is ~e time to tell the Town Board. The Land Preservat,on Committee are all volunteers and they need a stronger support system. The Board naturally looks t~ the Planning MARCH 16, 1999 SOUTHOLD TOWN BOARD Board, but knows all that is on their plate, too. Planning Board Chairman Bennett Orlowski confirmed this by saying that they are very stretched out. Valerie is more stretched out than anyone else. She needs help on the Local Waterfront Revitalization Plan. A lot of help is needed on many projects. We have to finish the LWRP. There is $60,000.00 waiting for us. Every time we think it is all finished and send it up to the State, they send it back to us again for one more thing. Chairman Orlowski advised that the following projects have to be addressed: GIS Mapping; Subdivision Review - Melissa who now also works with Dick Ryan on the Lanid Preservation Committee 2% Land Transfer Tax Fund handles this amongst many other things; Grant writing and follow-up; and assisting the Planning staff with special projects and answering questions from the general public. There are a lot of people coming into the Planning Board with questions. Chairman Orlowski stated that the Planning Board feels that they need someone with an undergraduate degree. If they could get someone just out of school who would llke to work in the planning field, it would be ideal. Mr. Bill Cremers has been checking over the review requests from the State Department on the LWRP. He said that they just keep asking for something more each time. Councilman Romanelli talked about the possibility of the shifting around of duties. He thought Jamie Richter could do the site review in the Building Department. This type of application is administerial. An addition or expansion of a building requires a site plan and therefore it all ties in together. Edward Forrester and Jamie Richter both responded to this advising they did not feel that they had the expertise to do this. It is in the Planning Board's field. Supervisor Cochran reiterated the purpose of this workshop was to create a healthy positive environment and find out how best to serve the public. Valerie Scopaz explained how the site plan process has changed since 1989. Before this time, a resident always needed to engage an attorney to make all applications to the board. Then the town tried to simplify or streamline the process to make it possible for the resident to do it himself. She compared it to the scenario of the homeowner going to Home Depot and purchasing ceramic tile and instructions and attempting to install his own tile, rather than hiring a contractor and paying him to do the entire process for him. A sort of "hands on process" for the resident. This is the atmosphere that the Planning Board has tried to create since 1989. It has taken more time on the Town's part and made it a more labor intensive process for the Planning board Who has had to supply the resident with the tools and educate them in the processes. The Board discussed site plan review and the various duties performed by the personnel. Supervisor Cochran reminded that they have a grant deadline tomorrow for the $18,000.00 to hire the additional planner. Supervisor Cochran gave her opinion that the planner should be hired and also someone to assist John Sepenoski in data processing. The entire Town Board was in agreement and the necessary steps to begin the processes will be taken. On motion by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 11:50 A.M. for the purpose of discussing personnel. contract negotiations, and litigation. Vote of the Town Board: Ayes: Councilman Moore, Councilman Romanelli, Councilman Murphy, Justice Evans, Councilwoman Hussie, Supervisor Cochran. Also present: Town Clerk Elizabeth Neville, Town Attorney Gregory Yakaboski. Executive session ended at 2:55 P.M. 3:00 P.M. - Appointment The Landmark PreserVation Commission appeared before the Town Board to give their /4 month period update report on their study of the strengthening of the Landmark Preservation legislation. Chairman John Greene explained how they would like to develop community standards for a historic landmark program. Mr. Gordon Moore. the newest member on the commission who is assigned to obtaining grants and loans advised that there are a number of agencies willing to provide guants to acquire and restore historic properties. Orient an, d South01d Villages I~ave(areas designated as "National Historic Districts". Th~ Commission would like {0 write a [aw to cover either both' or one of these districts. The Town Board suggested that they start with one at a time separately and endorsed them to continue to gather information. Chairman Greene said that the commission will submit a written copy of their report within the next several weeks. On motion by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold enter into Executive Session at /4:02 P.M. for the purpose of discussing'' personnel. Vote of the Town Board: Ayes: Councilman Moore. Councilman Romanelli, Counc~Jman Murphy, Justice Evans, Councilwoman Hussie, SuperVisor Cochran. Also present: Town Attorney Gregory Yakaboski. Executive Session and work session ended at /4:25 P.M. SOUTHOL~ TOWN ~OARD MARCH 16, 1999 6' 9 REGULAR MEETI NC; A Regular Meeting of the Southold Town Board was held on March 16, 1999, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran .opened the meeting at 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 I have a motion to approve the audit of bills for March 16, 19997 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $291,852.00; General Fund Part Town bills in the amount of $10,455.95; Highway Fund Whole Town bills in the amount of $9,646.71; Highway Fund Part Town bills in the amount of $19,196.67; Capital Projects Account bills in the amount of $500.00; Ag Land Development Rights bills in the amount of $6,358.16; Landfill Cap and Closure bills in the amount of $119,302.26; Open Space Capital Fund bills in the amount of $342,450.00; E-W Fire Protection District bills in the amount of $14,~70.33; Fishers Island Ferry District bills in the amount of $43,957.03; Refuse & Garbage District bills in the amount of $44,063.17; Southold Wastewater District bills in the amount of $7,487.19; Fishers Island Sewer District bills in the amount of $71.91. 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: Approval of the minutes of March 2, 1999, Town Board meeting? Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the minutes of the March 2, 1999, 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 for the next Town Board meeting on Tuesday, March 30, 1999, at 7:30 P.M. Moved by Councilman Romanelli, seconded by Councilman Murphy, it was RESOLVED that the next meeting of the Southold will be held at 7:30 P.M., Tuesday, March 30, 1999, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice. Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was dul~ ADOPTED. SUPERVISOR COCHRAN: This is usually the fun time of a Town Board meeting. -It is when we give special presentation to people, who are important to the community. 0 MARCH 16, 1999 SOUTHOLD TOWN BOARD Moved by Supervisor Cochran, seconded by The Entire Town Board, WHEREAS, on March 12, 1912, Juliette Gordon Low registered the first American Girl Scout troop in Savannah, Georgia bringing girls of all backgrounds in the out-of-doors, giving them opportunities to learn about nature while developing 'self-reliance and resourcefulness; and WHEREAS, the SUFFOLK COUNTY GIRL SCOUTS are continuing this fine tradition in making the world a better place by learning and practicing respect for the environment, performing hundreds of community clean-ups each year and becoming involved in beautification projects such as planting and maintaining gardens-throughout SUffolk~County; and WHEREAS, Council-wide events help bring girls together from all across SUffolk County, giving girls the opportunity .to interact in a positive setting, learning to appreciate the diverSity of~ their of their sister Girl Scouts; and WHEREAS, the SUFFOLK COUNTY GIRL SCOUT COUNCIL is the largest youth agency in Suffolk COUnty ahd"the-largest in New York State serving more than 33,000 girls 'with the de~lJcated support of more than 9,000 volunteers; now, therefore, be it RESOLVED on this, the 87th anniversary oft girl scouting in the United State, the Town Board of the Town of Southold hereby proclaims the week of March 7 to March 1~, 1999 as "GIRL SCOUT WEEK" in the Town of Southold,a time to recognize the contribution this organization has made to so many young girls' lives and wishes them continuing success in the fine tradition. 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: Every time I think about environmentalists, or environmental organizatlons~ Boy Scouts and Girls Scouts were about the first on line. Isn't that great, and all these years these two organizations have kept the environment as one their focus points. I would like to add, really proclaim the entire year. We are very pleased and honored to present this to the Girl ScoUt Council on behalf of the Town Board. Moved by Supervisor Cochran, seconded by the Entire Town Board, WHEREAS, disaster can strike anyone at anytime, the AMERICAN RED CROSS, founded in 1881, and led by voluntee.rs, has provided comfort and relief to those in need, and has helped people prevent, prepare for, and respond to emergencies; and WHEREAS, the AMERICAN RED CROSS is making a difference in the lives of many Long Islander by feeding senior citizens through their Nutrition Program and training residents in First Aid, CPR and Water Safety Courses through their Health and Safety Services; and WHEREAS, in the past year, the SUFFOLK. COUNTY CHAPTER OF THE AMERICAN RED CROSS founded in 1905, consists of 5,086 volunteers that give their time generously to ensure that everyone who needs help, receives it by providing relief after fire, floods, hurricanes, wildfires, Nor'easters, ice storms, and other natural disasters:, and WHEREAS, in the past year, the SUFFOLK COUNTY CHAPTER OF THE AMERICAN RED CROSS worked throughout th~ night of the Gershow Recycling Center Fire and highly-trained DiSaster Services Human Resources volunteers responded to many out-of-town disasters including Typhoon Paka in Guam, the Alabama Tornado, the Upstate new York ~ce Storm and the New York :City Crane Collapse providing 24 hour a day disaster services; now, therefor, be it, RESOLVED that the month of MARCH, 1999 be known as "RED CROSS MONTH" in the Town of Southold, and the Southold Town Board urges all residents to join in the support of our local RED CROSS chapter; with volunteer service, monetary contributions and blood donations. DATED: March 16, 1999. Vote of the Town Board: Ayes: CounCilman Murphy, Councilman Romanelli, Councilman Moore, Justice EvanS, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: I present this to you with congratulations on the work that you have done, and we are pleased to have you as part of our community. Thank you. SOUTHOLD TOWN'BOARD MARCH 16, 1999 7 i~ I. REPORTS. SUPERVISOR COCHRAN: We receive reports from different departments and committees throughout the two weeks between meetings, and they are on file with the Town Clerk. If there is anyone that would like to see any of these reports simply' come in and request them. 1999. 2. 1999. 3. 1999. 4. 5. 6. 7. 8. 9. Southold Town Recreation Department Monthly Report for February, Southold Town Justice Bruer's Monthly Court Report for February, Southold Town Justice Price's Monthly Court Report for February, Personnel Leave Time Summary for January, 1999. HHS Administrators Town Lag Study Analysis for February, 1999. HHS Administrators PBA Lag Study Analysis for February, 1999. Southold Board of Trustees Monthly Report for February, 1999. Southold Town's Program for the Disabled for February, 1999. SoUthold Town Police Department Monthly Report for February, 1999. II. PUBLIC NOTICES. SUPERVISOR COCHRAN: Public Notices, there is one from the New York State DOT in relation to repealing a yield control on Marlene Drive in Mattituck, and also from the New York State Department of Transportation, a notice to establish a stop control on Marlene Drive at the same location. 1. New York State Department of Transportation Notice of Order to repeal the "Yield" control on Marlene Drive at Route 25 in Mattituck. 2. New York State Department of Transportation Notice of Order to establish a Stop control on Marlene Drive at Route 25 in Mattituck. III. COMMUNICATIONS. None. SUPERVISOR COCHRAN: There were no communications. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has policy that before we go into resolutions, which result as a part of our work for the day, and business that has come into Town Hall in the past couple of weeks between Town Board meetings, and that we invite you to give your input or any comments in relation to any of the resolutions. At this time is there anyone that would like address the Town Board in relation to any of resolutions on the agenda? You will have the opportunity at a later time in the meeting to address us on any Town Board or Town business. Mr. Gold? JOE GOLD: Joe Gold, Southold. ResolUtions 9 and 10, resolution 9 is purchasing guns for the Police Department, 10 is purchasing weapons. Is there a distinction behind this? SUPERVISOR COCHRAN: You know when I read that, I said, I would refer both of them as weapons. I think Jt is the same thing. TOWN CLERK NEVILLE: They are both different. Joe sent them down from the Police, They are both bond modifications. SUPERVISOR COCHRAN: The ASp is used instead of night stick, but I wouldn't consider that a weapon or a gun. JOE GOLD: Resolution 17. authorize SUl~port of tax abatement for downtown area. I wasn't at the Work Session. SUPERVISOR COCHRAN: That is giving the oppoPtunity to your downtown business areas. Bill, this is your resolution. MARCH 16, 1999 SOUTHOLD TOWN BOARD COUNCILMAN MOORE: The County is contemplating elimination of sales tax on clothing under $110.00 effective December of this year. County Executive Gaffney has made a suggestion to them that they consider targeting that abatement on sales tax to historic downtown hamlet areas, and I think on behalf' of the town, the Town Board, if they pass this resolution is in support of that notion, but identify your traditional areas for the hamlets, in our case in. our town, and target that sales=tax relief. That is what this resolution is. JOE GOLD: It is not very worthwhile. COUNCILMAN MOORE: The County is going to .study this thing, and see what the impact is for the sales tax, and obviously they cut out $50,000,000 from somewhere they are going to get it from somewhere else. SUPERVISOR COCHRAN: Thank you, Mr. Gold. Is there anyone else that would like to address the Board on any of the resolutions? If not, we will begin the passage. Moved by Councilman Romanelll, seconded by Justice Evan, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for Part-Time Seasonal Police Officers to attend the October 1999 Police Academy training session, at the current salary. Vote- of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 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 Traffic Control Officers for the 1999 summer season at a salary of $10.05. 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 grants permission to Police Officer John J. Charters III to attend the Universal Hiring Program COPS Seminar on May 18, 1999 through May 22, 1999 at Springfield, Massachusetts and all necessary expenses shall be a legal charge to the 1999 Police Training Budget. 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 Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of residential leaves and brush at the Southold Town Landfill, free of charge, for six (6) weeks prior to and during the scheduled Highway Department Clean-Up Weeks in 1999. SUPERVISOR COCHRAN: The reason that I recommended this was that there are a lot of brush and limbs along the roads as a result of the storm, so the Board agreed that we allow this debris to come in free at the Landfill. It runs almost into the three week period that we set up before Superintendent of Highways does the clean-up, so it practically runs into that three week period where we allow peop e to bring it in free, and then Jake does the clean-up, so that has been extended back, because of the storm, and rather than see people pile up these limbs from the storm along the highway at least they will be taken in now, and cleared off the road. Vote of the Town Board: Ayes: Romanelli, Councilman Moore, Justioe SupervlsoF Cochran. This reso[~Ution was duly ADOPTED. Councilman Murphy, Councilman Councilwoman Hua~ie, SOUTHOLD TOWN BOARD MARCH 16, 1999 7 3 Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby AMENDS RESOLUTION NO. 31 OF THE FEBRUARY 18. 1999 MEETING by adding Provisional to the position of Senior Planner, as follows: RESOLVED that the Town Board of the Town of Southold hereby promotes Melissa Spire to the" position of Provisional Senior Planner, effective February 18, 1999, at a salary of $~,0,305.01 per annum. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Mo~ved by Councilman Murphy, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of East Coast Mines and Materials Corporation for the purchase of 10~000 yards, more or less as may be needed,of Screened Sand for Ice Control and Highway Maintenance for the Highway Department, all in accordance with bid specifications and the approval of the Town Attorney. Vo:te of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This ~resolUtion was duly ADOPTED. Mo~ed by Councilwoman Hussie, seconded by Councilman Romanelll, it was RESOLVI~D that the Town Board of the Town of Southold hereby AMENDS RESOLUTION NO. 28 OF THE JANUARY 19. 1999 MEETING by delet!ng a portion of the dates, amended resOlution to read as follows: RESOLVED that the Town Board of the Town of Southold grants permission to send four (4) Police Officers to the Instructor Development Cou~e. from Monday, March 29, 1999 through Friday, April 9, 1999, and all expenses for travel, meals, and accommodations shall be a egal charge to the~i9~9 Police' Training Budget. Voite. of the Town Board: Ayes: Councilman Murphy, Councilman Roma:nelli, Councilman Moore,' Justice Evans, Councilwoman Hussie, Su;pervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Mattituck-Cutchogue Teacher's Association to use the following town roads for their "Scholarship Walk" on Saturday, May 8, 1999 from 8:00 A.M. to 12:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Pike Street, Mill Lane, Wickham Avenue, Mary's Road, Mattituck. 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 Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1999 budget as follows: To: Revenues: A.2650.10 Trade in Allowance Appropriations: A.3120.2.500.600 Weapons Vote of the Town Board: Ayes: Romanelli, Councilman Moore, Justice Supervisor Cochran. This resolution was duly ADOPTED. 2.328.00 $ 2,328.00 Councilman Murphy, Councilman Eva, ns, Councilwoman Hussle, MARCH 16~ 1999 SOUTHOLD TOWN BOARD Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1999 as follows: To: A. 3120.2.500. 600 From: A.3120.2.300. 100 Vote of the Town Romanelli, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Wea pons $ 24.00 Automobiles $ 24.00 Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, 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 Association for the Help of Retarded Children, Suffolk County Chapter to use the Town Property at Silversmiths Corner as a stop off point and place of assembly for their "Laurel Run" on Saturday, May 1, 1999 from approximately 10;30 A.M. to 2:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Edward Ehbar, Inc., Construction Equipment for the purchase of One (1). Used 1998 Front-End Loader for use by the Highway Department, at a bid price of $85,370.00, all in accordance with the bid specifications, and the approval of the Town Attorney. Vote of ~ the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Su pervisor Cochran. This resolution was duly ADOPTED. Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets the salary of Interpreters for the Southold Town Justice Court at $50.00 per three (3) hour session, effective January 1, 1999. 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 Romanelll, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste District 1999 budget as follows: To: SR 8160.L[.100.550 Maintenance/John Deere 7/~ Payloader $ 12,000.00 From: Sr 8160.4.100.650 Town Carbage Bags Vote of the Town Board: Ayes: Romanelli, Councilman Moore, Justice Supervisor Cochran.- This resolution was duly ADOPTED. Councilman Evans, $ 12,000.00 Murphy, Councilman Councilwoman Hussie, Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED th.at the Town Board of the Town Southold hereby appoints Ann Kudlinski as a Senior A.ide under.~, the Suffolk County Senior Employment Title V Program, to work 20 hou'r's per week, at a salary of $5.15 per hour, effective April 5, 1999. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolL~tion was duly ADOPTED. SOUTHOI~D'TOWN:~OARD MARCH 16, 1999 Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an agreement between the Town of Southold and the Suffolk County Office for the Aging for the IIC Nutrition' 'Extension Agreement - IFMS-EXE 990000033b,3, to extend the term from December 31, 1998 through December 31, 1999, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochr. an. This resolution Was duly ADOPTED. Movedby Councilman Moore. seconded by Councilman Romanelli. WHEREAS, the hamlet business areas of Mattituck. Cutchogue. Southold and Greenport are the core of retail economic activity within the Town of Southold and WHEREAS. the economic viability of the town's hamlet areas are challenged by discount outlet stores and so called mega volume stores; and WHEREAS. thriving business centers within the Town of Southold are critical to the overall economic strength of the Town. its businesses and residents; and WHEREAS, Suffolk County Executive Robert Gaffney has proposed that the el!mination of the county sales tax on clothing purchases be targeted to downtown business districts; now, therefore be it RESOI;:VED that the Town Board of the Town of Southold hereby supports the targeting of sales tax abatement to the downtown business areas in the Town of Southold and further supports a thorough review of County Executl~ve Gaffney s proposal by the Suffolk County Downtown ReVitaiiZation Committee, the Suffolk County Legislature and the budget staff to the County Executive and be it further RESOEVED that the Southold Town Clerk Elizabeth Neville is hereby directed, to forward a copy of this resolution to Suffolk County Legislator Miehael CarraCiOla, the Suffolk County Legislature and Suffolk County Executive Robert J. Gaff ney. of the~ . Town Board: Ayes: Councilman Murphy, Councilman Counc, i[man Moore, Justice Evans, Supervisor Cochran. No: :ilwoman Huss~e. Till ~ duly ADOPTED. COUNCILWOMAN HUSSIE: I think this is discriminatory, number one. Number two, I don't think there should be any tax at all on clothing. Number.three~ why go for such a little thing, like this, clothing purchases just fer the downtown area. What happened to pliers, and nails, and fabric, and all that other kind of stuff. There are stores downtown that have that in it, too. I don't like this. Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby increases the fee for a Southold Town Tree Committee Memorial Tree Planting from $250.00 to $350.00, effective immediately. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelll, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town 'Clerk to advertise for resumes for members of the Landmark Preservation Committee. Vote of the: Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. MARCH 16~ 1999 SOUTHOLD TOWN BOARD Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a member of the Southold Town Transportation Committee. 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 Justice Evans, seconded by Councilman Murphy, it was RESOLVED that. the Town Board of the Town of Southold hereby grants permission to SUpervisor Jean W. Cochran to execute a lease agreement between Rothman's Department Store and the Town of Southold for the property used as a municipal parking field, south of Traveler Street, Southold, for a two (2) year period from June 1, 1998 through May 31, 200l] at a annual rent of. $150.00; said agreement all in accordance with the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelll, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Supervisor Cochran, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Supervisor Jean W. Cochran to execute a lease agreement between the Cutchogue Presbyterian Church and the Town of Southold for the black top parking area north of the church building~ and the black top access driveways from Highland Road to the parking area, for a term of five (5) years, October 1, 1998 through October 1, 2003, at a total rent of ten ($10.00) dollars, to be paid in full upon execution of the lease. SUPERVISOR COCHRAN: We rent parking lots from churches and different places throughout town. The first one was property down here behind the deli, that little lunch room used to be Joe's Market. You can tell I am from the old days. Joe's Market, behind that, that is Rothman property, which we lease for a nominal amount. We lease from the Legion, anywhere where we can get parking' near the hamlets, we lease at a very nominal amount from the landowners, and we would like to thank them for theft support through the years in allowing us to use their properties at a small amount. Vote of the Town Board: Ayes: Romanelli, Councilman Moore, Justice Supervisor Cochra n. This resolution was. duly ADOPTED. Councilman Evans, Murphy, Councilman Councilwoman Hussie, Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to sign a project amendment to extend the Local Waterfront Revitalization Project Agreement #C005800 (Mattituck Inlet Stormwater Plan) t(~~ March 31, 2000. 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 Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to sign a project amendment to extend .the Local Waterfront Revitalization Project Agreement #CO0575 (Street End Access Improvements) to March 31, 2000. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelll, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That is the end of our resolutions. At this time if there is anyone that would like to address the Town Board in relation to Town business we would be very happy to entertain your comments. SOUTHOLD TOWN:~OARD MARCH 16~ 1999 RAY HUNTINGTON: I am Ray Huntington speaking as a resident, and I enjoyed this morning Work Session, wherein you discussed the need to increase our capacity for planning to measure up to contemporary demands in the area. There is an awful lot going on in respect to maintaining our lifestyle and preserving the town as we enjoy it. I thought it was a great example of constructive' dialogue in that the sum was greater than any of the parts. That is why we have a Board, I guess. There were good ideas put together, and I want to say I was very happy to see that we are mov,ng in the direction of increasing that capacity. I guess that will be a subject of a later resolution. I also heard the ideas about streamlining any inefficiencies that might be there in terms of having to do subjective analysis where perhaps it would be possible to take the words in the Code, and reduce them to checklists or criteria against which decisions could be made much more. rrapldly, and move things through: withOUt passing them from If we can drive as much as we can into the ffflclencies will show up as capacity to g generall good job. SUPERVISOR COCHRAN: Thank you. mot un the again, sta remove so hoM~se ah~a sal SL was a of trm bus wha~t~ i.~ this COl a push thisi.:~ this¥ and cai is the thihk mus~t and really The Again, ! to tax have s~' t~WO Departmenl There is wanted taxes, the Bond Act. Freddie Wachsberger from Orient speaking I was a little more disturbed maybe by this than Ray, particularly Councilman Romanelli's some of the initiation of zoning process back to the take away from the Planning Board, in order, as I because public review takes maybe as much as, s three weeks. It reminded .me of deja vu all over here quite a few years ago there was an attempt to planning from the Planning Board and Planning ik maybe Mr. Romanelli doesn't have the experience of a':go, when I first got h~re, when some of the things that Chi:el Building Inspector gave permission to something, up on wetlands, I won't mention any names here, or commercial enterprises given the right to go istricts, and after the fact, since there was so of these things simply went along, because they we can=t do anything about it. What your ve~'th~ power to one person without any over-review, and this is going back to a very bad time. There in Southold Town government, and in fact to leave the Town Board open to that same kind essence really in the democratic process is really have a right to know. The othe~ piece of really like your 'comments on, Jean, this afternoon you said, what was really necessary, is not to polarize it. What I think something Ii[ce is polarize the community as though the business the rest of us. The fact is that, I m~an I have Burt's Reliable. The fact is, we all ne~d i to work there is a part of the business commun?ky, and I business people together who are trying to Board the last time we were here, and 'confrOnted I don't need to remind you that, that was a kind of ed to the defeat of all members of that Board, who y, because the people saw~it as a way to isregard the people's concerns, i~ don't' think it for the three weeks delay. I not too sure that the public is that iness community are working I really the essence of government, and I think that ~k this would really 'be a reversion to an earlier, t a very. happy time to a lot of the residents of Soutl~old. ing wanted to address again was the issue of a staffing. ~te what you said, Jean, even 'though you are trying that this was something that was really/ essenti~!, to people at the computer, and' assisting i~in the: Plafinlng ~se we are at a kind of crisis, period, I think right now. pressure. There are all these initiatives. The point I <e was that the people of this town, when you think about of this town have passed overwhelmingly the Open Space -~y passed overwhelmingly the 2% real estate tax. The people MARCH' 16, 1999 SOUTHOLD TOWN BOARD of this town are showing that they are willing to pay to preserve the quality of llfe that they have, but in fact it can't be preserved unless there is responsible professional planning in place to handle this necessity that is lying in our laps. So, I think the people are willing to pay equally to increase the Planning staff to support the kind of' work that has to be done. I mean, I really 'couldn't imagine even questioning this. The fact that this hearing, this meeting took place this morning about accepting this money to hire somebody. The day before there had to be several, and there was 'e. ven a question that you wouldn't use that money :to hir.e' additional planning support. I did a little Calling around thi.s m0~ning just because I was curiouS, in EaSthampton, for example, witl~.a Population of 16~132 to Southold's, I am not sure what it ' n the .Yellow Book .it says, 23,000 something, has ifive: Planners, :one consultant, o~ I assistants, and a .separate department of'natural resources, that those Planners can draw on; We are really behind the el( and is grant,~and really a the money to increase the Planning to really pressure that is already on from the recitation of all the incred grant monies, and initiatives, and programs, and bond acts, and that is in front of them. It was really very impressive Southold 'bein the forefront of these kinds of. open space, but. Coming to grips, .gettingl out 'this burden, and having the time to come to and prioritizati I with these things it is ; :ult task for ly in that department, so I the Planning ;o al Of thls can be in a and professional way. COUNCILMAN ROMANELLI: Can I respond? I may not have been here twe~ ; ago, When all this was going on, but I have ~had the ex go through the Site Plan, and and Health process twice in ten years. ~ve- been throug ~n~ Review ,n this town in ten ho~w many in this town can say that It is drawn out, Idn! agine that where the Well, the de is so important, which I beJieve it hen the effect all individual's in ~he town. business commE rs treated differently thanl residel so it is not fair level. When I hear ce and I but I have been on this side, haven' 'lan, or Planning Department .. side. what like to say, that eveFy somethin propertY, whether it be an.ac~. garage, through a Site Plan evaluatiqn of ~rchite~tural Review Board, and to dc )rovement on their residential that whe don't know the other side, and 'ience, ought to stand on my you rocess is really long, drawn ou I was waiting to to do, and that is ment was about and t prope for, a, nd pUblifi ca~ law see oh my cos. tln~ Buddi!ng Permit ~gh this process, so you can dO what is Let the ling from peop what? That group and it took me seven, eight, shed, or my deck. t people to see to do or a )Ieee ~h it, go and [ for to, your bought there so the hat the you will say, is to qget my FREDDIE that a ISBERGER: me Can I ask one question or make a statement? morning when you are proposing this, whether Cross Sound Ferry didn't I~ave.to com~ back with answer was, -yes. SOUTHOLD TOWN i~OARD MARCH 16~ 1999 7 9 COUNCILMAN ROMANELLI: My answer to him was, if they could prove through a Site Plan, that they had the proper parking and drainage, and setbacks, and they needed no Special Exceptions or any Law in this town, any Code in this town, they would not need a Site Plan. FREDDIE WACHSBERGER: The question about, which still seems unresolved, the question about whether an intensified use triggers Site Plan Review. This I understand was under constitutional act. The Town has not responded to that. My understanding is that there has been extension, after extension, after extension, after extension, without response to this issue, and I d0nlt know whether that Law is being rewritten on now in Code Committee~ but it seems to me that that is an essential principle that SoUthold Town .must folloTM, because an intensified use, that is just One case been :too intimately familiar with, but which effects traffic, wh( live at the Point, which effects light and noise disturb; wetlands, and everything else, and if they, like. ~many business, were operating originally without a full initial Site Plan Ap or operating in a way that didn't meet the initiarl Site Plan Ap I,to go through a SEQRA I, because it was~ done inc definition they could just go ahead with~ the expansion do, and not come back for-Site ,Plan Review. Tha~ ',is an ,extreme, example. SU thi~ Town. I am sure we will have more than one debate on along. Thank you. Anyone else like to address the ? JOE i busi that pr4 th{ busl Golid, .:Southold. Staying with this issue, there is a vast expancling business and expanding a home. Most more impact on the community and their surroundings The other thing that confuses me perhaps is the bus[ness community keeps bringing forth about delays, s, .and site plan approval~. We know there are empty 3 areas in most of the hamlets, and we also know the strip malls up on North Road. I can not see lose empty stores in any aspect of the Town Code. because they don~t do the business properly. he town of 17,000 or 18,000 people, who are not this town vote on the future of businesses. They :s that donlt provide products and good service. i. businesses that do. It is as simple as that. People siness in an appropriate manner will go out of People who un their business in an appropriate manner will is prospering. I assume it is because you know has the Town Code got to do with it. IMANEL:LI: I wonder what if someone who would like to ru who could do very, very well in whatever trade or business t is afl'aid to go forward because they are afraid to go forward, because they are afraid to rent or buy a commercial piece of the town, and make the investment because they investment might take seven or eight months to get ha. they can turn their phone on. I wondered if that ex, person might be out there somewhere who is not taking ad store, because he is afraid of that delay. He may ha to, go twelve months, but in eight months he has been thee telePhOne turned on. That is what worries me. JC~ErGOLD: That is a nice hypothetical, but it seems to that someone who really wants to go into business, I really don~t see any connection between emPty stores~ and the Town Code. If spmeone could show me that CO ~ .... gnect~.on, then I.thmk we ought to .talk about revising the Town Code, an~ bu{inesses i~n this' town' have been there f~r a long time, and expanded again and agan, and they have prof ted. You may say ~t s ~n sp te of the Town Code. I say, so what, you are. still prospering. So, there was nine month del~y of a business that has' been around for twenty years. I don't see an~ connection, and think the business community is on a dangerous path, b~ca~use they are forgetting that this community, 90s of the people in this community are customers, and you 'see a business operation like Feather Hill next door, which has a lot of empty stores, which now has a 0 MARCH 16, 1999 SOUTHOLD TOWN BOARD new sign saying, cars that aren't parked here for Feather Hill will be towed away. Those people don't know what business they are in. They don't understand that when you go to the library, you are a library patron. An hour later you may be a patron of Feather Hill. No matter what business you are in, your business is keeping customers happy, and the vast majority of people in thi's town are customers. Thank you. JOE TOWNSEND: Joe Townsend. I didn't come to talk about that issue, but I would like to make one point on that. I think a lot of the problems that people run into in the Planning process have to do with 'the way the Code is. written now, and what is allowed in different uses, and so forth. I think' for instance, Mr. Lizewski has always had a problem because he formed a business that wasn't really allowed in the zone that he had. That. is something that was started' back. A review of those business uses were started some time ago, and I think that would go a long way towards solving the problem, because what you ~re cbnfr~nted· ~With' i~ someone that wants a business, like someone'.wants a Viable retail business, but for some reason or other ends up not dlowed in the zone he. wants to do it in. I am not sure if that you discussed today~ but I think that unl:ess you pUrsue .it so that~ a greater hiix may be allowed in business areas; Anyway, that is.not what I came:to talk abdut. I came to talk about sdmething that I recently be(rOme aware of;~along .the road where I HYe on in East Marion, between Greenport and Orient. You may recall, Jean, you asked for the Town Board members to write down their priorities,~ when they did'their budget; what kindS:iof rams they would llke to see, ~esignate figures for that.' I don~t you did it this year, but you did last year, and on that in the fire district I had the same thought, that we should really de some open space monies to preserve special vistas in this town~ along the Main Road. I think it is important because that open space has. l~he hi~heSt impact on people. More people see it, mare people get relief!from,itJ, .visual relief. The reason I become aware~of the fact of two prol.3~'.'rt[es,, and I consider them the prime distance~ between Orient and Ea.~t. ~l~ion~. 0he of the~ is very close to me, behind Dam Pond, the west s~de 0f' Daffl, Pond, where the owners have put in an application into ,the Trusteesi to~b~ Id a road on .the west side of the property.:. If they are permitted to reason why they ~on't~ be; able to put five property is always featured ~ in every ph0togCaphy in New York State ToUrism literature, altl mis-identified as Orient S~ate Park, but' it; is by the Town. It has been listed by the .State. It should really try to acquire that, the west side of'[ is one issue. that 'road there is no that area. That iS even featured sometimes it is It h~is been listed We yway, that SUPERVISOR COCHRAN: Joe, if I may just add to that? That is certainly one of the loveliest spots in the ToWn .of Southold, and it is on our list for trying to acquire it, you know, in partnership with the County, or just anybody that would help the cost, or try to double our bonding money, but we are cognizant of that being one of our priorities~.' I Will check and see what the status is at this point. JOE TOWNSEND: I would try harder. Try as hard as you can. That is just one parcel. The other parcel there= that I heard about recently was Cheropowich farm. That I am concerned about, because that farm is located between Gilette Drive and Shipyard Lane. It is on the west side. Usually the developments rights have been offered to the farm selective. The farm, as far as I know, as long as I can remember, for as long as the Cheropowich have had it, it has been in continuous operation for at least 100 years. It provides most of the produce for Sep's Farm Stand. It is the last viable farm in East Marion. I heard, and I may be wrong, I hope I am wrong, but the re,embers are opposing it, some members are, because they feel it is land that is suitable for'.devel~pment.., . It seems to me that this should be protected. ! know that is~not t'~e prime :goal of the Farmland Preservation, but thi§ also happens to be a ver~ viable farm. It does provide relief. COUNCILMAN MURPHY: I know about that one. SUPERVISOR COCHRAN: Brian is on the committee. He is the liaison, and it is under consideration. SOUTHOLD ToWN ~oARD COUNCILMAN MURPHY: Actually what we have looked at with the County partnership on that, we have a crew going after that. The Peconic Land Trust has come in with a conservation opportunity plan for the family, that will give them a few lots on the farm in the wooded areas, and then the development rights have been presented to the committee, and we are moving to go through.the County for purchase. JOE TOWNSEND: I think it is important. Thank you for your time. SUPERVISOR COCHRAN: People are working on that, too. The Land Trust had'applied for the grant from the Stat. e tl~e same as we did this past time aroun~l. We hopeful that maybe this t~me with Pataki's Clean Air Act we will get some money fOr these pieces, but they are on the priority list. That and Arshamomaque, the green belt. JOE TqWNSEND: . I know there is a lot of farmland that isn't visible from the Ma.n Road. I think we should have some sort of special funds for priority. Thank you; (tape change.) JOE time, Planning pros I would like to take just a few moments to go back in =some thing in proper prospective, because I was also at that I thought there were a few things that weren't put into It Was mentioned that this was brought up back in 1989 by In 1992 there was ~ study done in the town about the :aUthority of the Zoning Code, and I have to read some of that, and go, on to the: laws that have changed. It says, at such time the Bui an application for a building permit, a complete rev reg[ Bom Site. Plan without of the complete compli the :S Pla des bu to the faciliti, site pi parcel. matters grant of Planning Ins first before, the Then 19~i5 Certifica' Building You could hamlel rent store..or! very time. It to let the change permit, str to rest listed in Section 100-181A.1 through 7, and after requires under the auspices of the zoning to be reviewed and approved by the Planning request the Building Inspector to review the: that the Building Inspector may with full authority ~ion from the Planning Board prior to commencement lan review process before the Planning Board, provided a and ai~alysis of the site plan map, particularly as to it's .use provision set back and parking. Pursuant to the state the reasons for his denial. The fact that the ,sider respective site plan reviews specifically of, enabling legislation concerning the layout, of the proposed development, a plan required to be ilder or owner showing the proposed location of the other installations on the plot, and the relation ions such as roads, land uses, natural features, J~ interior roads, and similar features. In essence a p~pposed design layout, improvements be placed on the to the Planning Board no authority to regulate purpose of the legislation does not constitute a to regulate land use. The legislature authorizes s the layout designer related aspects of the proposed authorize them to assume the powers of Building ng administrations. Accordingly, it is the Building the authority in the Southold Town Zoning Code in the or not a particular application must go for site plan review. Of course, that was then. 1995, we got rid of two things. We got rid of a and that Certificate of Determination gave the ht to tell you what you could do in your zone. to Department, it would say, okay, you are in you can get a slip from us telling you that you could m a bread store, a clothing store, a sporting goods we got' that all worked up first, then we added a )ne~, and this is something' that I :spoke out strongly at that a few words, and the intent bf this law change was ~rd decide if a site plan is required for new use, or use prior to the issuance of a building the way we really did business, and it only has a says, no building permits shall be issued for any which a site plan is required pursuant to Ghapter nation has been made by the Planning Board as lan and amendment there is to be required, and the the same as the Code that was there, and it is just 2 MARCH 16, 1999 SOUTHOLD TOWN BOARD a few words, and the words ar~e really determination has been made by the Planning Board. Now, that law really did define a lot of things, and that is what the business community would like done. The intensity of use used to mean you are taking: your clothing store, and making it into a restaurant, or maybe a bakery, which meant you were going to need more help, you are going-to need different things. Intensity of use now means that it also could mean that you are changing from a clothing store, as we know from a realty store to a clothing store meant changing intensity of use. So, the business community wants to know what rights they have to their business property without the Planning Board making that determination. What triggers site plan is the words intensity, of use, which has always been a babble in the town as to exactly what the definition of intensity of use is. Is the intensity of use in a hamlet business area going from a clothing store renting it as a real estate office:; MOst of us' don't believe that is a change in intensity of use, and it also tells us that we have laws, the value of our property, except that~ the Planning Board wants to tell us what it can be sold as, or used as.- Another intensity of use is if you want to add a small storage building to your present building. That could change the intensity of use. So, the words intensity of use, I think, I think are the problematic words, that were left With. We have been asking for a definition for that for quite a time. We hate to see something like that go to court, because most of us don't have the mon. e¥= to do that. We are not against site plan, and we know that in sbme ~;~instances it is absolutely necessrary, but we would like to know exactly what we~ are going to give back as far as the proper use of our properties are~ We have had business zoning, and we can't do: anything to these things in Hamlet Business without going before the Planning Board to~ find out if we can do them. Why bother having business zoning? You have taken away basically their property rights, unless the Planning Board ire them to you, so those are the things that have come: the Planning Department, and of course, When the Planning !! [ was first started, we know, it did not do what it now does, has a lot of things to do, and as far as we are concerned the mainl it does is handle site plan, and site plan is not being denied by'us, don't want to stop site plan. The business community understands thai ~s 'needs site pla~is when it builds new businesses, but it want ith use to find. We want to know what triggers it. I will giVei We have just been through it; The guy wanted to build a. new~ kitchen onto his building down at Genera[ Wayne. You know ever/body it~ the Building Department knew that kitchen they had was terrik had no fire walls. It was a deathtrap. This guy is not going to ~han! amount of people he is going to have in that building. He is not: to change the parking. He is not going 1:o have to fit any more at building by changing that kitchen. That is stil considered intensity of use.' He decided to add on to hIs budding. That was cons dered mt;.e~s~ty ~f use. We had realtors who wanted to m~ve fr.o.m a realty office to! ai clothing, store. That was change of use, also. He wmts, I think it was four week~; or whatever, to find out if he could actually rent the building. There have been buildings that have been for ~sale, and people don~t buy ithem, or don't want to go in them, because they know how much they are ~oing to .have to go through to change them, or make -them better,~lt happened w~th the Blue Top. It was for sale for ~'two years. Everyl~ody wa~ted to make it bett~er, but when they found out what they werel going '.to have to go through, they said, forget it, it is not worth it. TI~ building is terrible anyway. If we have to do all that, plus fix the building up, so outsiders ended up buying that building. I talk to other people in business. I told them, you have all this cement stuff out here, wh;y~ don~t you; put up a shed to hide the stuff? Tkiey say, listen for what ~;e have to go through, it can sit here, so it doesn't really help the town :to put them through these things? Absolutely not. But the intensi,ty, of use, if it is defined, and not subjective would be a big deal 'for us. We ~don't like the subjectivity. Nobody does, of ~vha~s there because other people get on that Planning Board, that subjectivity could be changed. So, if you are going to use the words intensity of use for a site plan, and be the t:rigger for it at least defi~e intensity Of use, or at 'least tell the bushiness people, if they have hamlet business, that they have these i-ights to this ~business, they can rent them without going back to the Planning Board to find out if they can rent this building. I mean if it. is in hamlet business they should have certain rights without going through Planning to do Certain things in this building. As it stands now you have no rights, and I don t know how this simple change of wording gave the Planning Board unbelievable I~{)wer, that SOUT~I~OEg~TOWi~BOARD MARCH 16, 1999 it has broken through and taking on through this simple law, because this law doesn't say anything about the intensity use, but if you ask the Building Department where their law was, they will tell you it came from the Site Plan Law, and it just has kept on growing, and growing, and growing. People in business really don't know where they are at with this stuff. They don't know' if they can go ahead. They don't know if they can sell. They don't know if they should improve, and you know you can say what you want, but small business people out here are not making a killing,. You know, people out here still have to struggle to survive, and to go through this extra expense is enough to stop t.hem from doing so. I don't think the business community is against the site plan, or the site plan review. They would just like to have it spelled out a lot clearer than what it is. It is not spelled out very clearly, because 'intensity of use is one of those phrases ~hat could be used for parking, it could be used for just about ,anything, and it doesn't really fit all the time. So, if we could find out exact!¥ where we stand, and have it zoned, hamlet business zoned, and have certain rights that stay within that zone I don't think we would have a problem. The other thing is when it comes to someone who has: gotten a full slite.p!al will say they are allowed to build so many square feet ~ .the should they ever have to go back if the site pla done out? I mean as far as we are concerned, if this whole procedure, through everything, and the the site plan for you, for your entire piece of pn of building you put up, and you don't bu aU~ you i~s never have to go back and do a site~ plan again. u should be ~b!e .to ~get your building permits. At the present time you It s~ill can be done under this pr~sent law. You don't have that ; right to tell you to come back. It is not written down come back. You are just being subjected again, so that law is not very clear, and I don't think the over this, just sort of a little perplexed about it, b what the intensity, of use change is going to be the Planning Board. In the old days it was very si Building Department, who does by State Law rep! and safety of this community, not the Planning Board, weu what your zone was, and they would decide at that time if yq.u .are :goings. to cha;nge intensity of use. They never had a problem sen~ to. the Planning Board. They send people to the Planning .~he t~ime. The Planning Board never objected, but now that the PI has that particular zoning power, which was never theirs to t, was .determined a long time ago, it was not supposed to be ti :hanged completely, so you don't know. With the B knew, but the Planning Board you don't know, so thi iome. work done in defining some of these things, because it even in renting a place, not just in selling it. I because they understand now with this law if you -e you must sell it as a clothing store. You can't sell it u~les.s .you go through the planning process to somebody w .~11 hardware. You basically have lost everything you have, sell it £or exactly what it is worth, or exactly what it is, so it for people to move, to grow, to get better, or to. improve themselves, and it is stifling everybody's it doesn't allow them to sell it. It doesn't allow ~st ~s something that has to be cleared up. I don't th law was written, that intent was put into this law. 0 k i~t was intended, and it certainly doesn't say it, that t~ ~ become so cumbersome, and should have the ri sity of use in any direction they want, which they de~..~now. '.If ~¥ou Want to define intensity of use, then fine. There are lot of can be ~dohe in there to help expedite things besides what is g. .Will give an example. You 'have a Site Plan Reviewer. Your S .~wer knows exactly, what sho01d be done on the site plan. I m ha~ been doing this f(~r many, many years. He can an~ and say, your parking is wrong, you are too close to that ~ Can't you have a Site Plan Reviewer, instead of going back w~th that businessman', changing his mind, doing this, d. correct those plans, initial them, give it ba~k to them correct them to suit the Site Plan Reviewers done with it once, instead five, six, seven, eight ti is the problems that you have. It is not that they are aga plain. It is, just that there has got to be a more exl~dient way MARCH 16~ 1999 SOUTHOLD TOWN BOARD to do business. I mean this man down at General Wayne is spending $7,200. a month on a mortgage. He has been held up six months already to try and open his place, and get his permits. That is $[t2,000. Then you wonder why people get excited. How many here have $u,2,000 that they can sit on, and wait? Those are the problems that we have. They are not trying to polarize the. community. We would just like some clarification, so we know what direction we are going in, and we don't like subjective laws. We feel that if you print a law for us, We should be able to look at that law, fulfill our obligation to it, bring in, and do like Home Depot, go through. It doesn't work that way. You 'know it, Bill. Everyone of you know. Everybody that sits up there has been through this. So, those are our problems, but we are not against planning, and most of us wOuld agree that we don't want to see a'lot of development on the' back road even. I mean those are things that a~ lot of people think the .businessman are against. We think those people' should be reimbursed for the property values, but if you look at ~Patchogue, ~ Sayvill~, ' .Bi'C~e~oint, Bayshore,. they were built by Sunrise Highway. ~We. Certai~l: . y d0n~t wan~ a Sunrise HighWay on the back road; then all thos~ beautifQI hamlets are gone. The business community is not completely and it is not against all the planning that a lot of people · re against.~ They 'live here, and they contribute as muc body to this community. They pay. a great amount of taxes the people that 'take care of your-school boar~ls. They= your LiOn's clubs'and everything' else, so they! are n~tl == against~ but they would 'like some clarification, and some. of these la~s -itten take some time to find the pr6blems, and I find the ? problems, . and I~.thin.k once the problems are there they should be correct, ed,~: and we th.ink that intensity of use should be defined. We think we shoLfld.~'haVe? some rights iln the zones that we are in. We are not against any s ar,e not against going before the Planning Board, but these are just too subjective. Thank you very much. SUPERVISOR COCHRAN: Thank you for clarification, ':Joe, and the Board is going to begin to look at some of these things: Anyone else like to address the~Tow~ Board? Mr.' Samuel? TOM SAMUELS: I was inspired by Joe!s speech, and I was also very interested in Mrs. Wachsberger's speech, because there really is no polarization that I am aware of between the business community that I know of, and keeping the town the way it is, as much as we possibly can. I would quarrel with Joe Gold about the statement that you fail in businesses because your product isn't right, or the price isn!t right, or this isn't rrght, or that isn't right. This is not quite that simple. Possibly if he had been in business at some time he would realize there are a lot of factors involved in whether you are a successful businessman, not~ the least of which is having competition up in Riverhead that knocks' your~ prices to pieces, and what we have to do is make it possible for the empty~ stores to be whatever they can be. I am not talking about bars, or topless clubs or anything, but any use that they can ~here is a reputation that the town has unfortunately come to enjoy, that it is difficult:to do business in the Town of Southold. Mrs. Wachsberger mentioned Easthampton. Let me clarify what happened in Easthampton a little' bit. It :is true that population is less than in Southold, but if you look at Easthampton's assessed valuation, especially the oceanfront property, the average price of a house on Lily Pond Lane in Easthampton is $13~000,000.. Now wouldn't we like to have a tax base like that? Wouldn't we like to? South of the Montauk Highway there isn't anything f6r sale under $2,000,000 in the Town of Easthampton. There is no place for people to live. They are importing all their labor. Everybody is importing labor in the Town of Easthampton. The T~wn of. ~asthampton has a Planning Department, which is tremendous.- I have been tol th, e ZBA meetings in Easthampton until 1:00~ 1:30 in the morning, and the' Natural Resources Department is largely the source of {hose delays. There is nothing wrong with that if that is the way the direction of this town wants to go. There are people that mentioned 'Nantucket. Natucket imports people, two hour ferry ride, for a day's w~rk, and two hours back, and they get paid for that. Same things happen on the V~neyard. Same things happemng on Cape Cod. We have to make it easy for our Ioca people to live I~ere. 'That i~ wher6 I tim coming from. At' times I wonder why it seems to'be quite obvious l~hat We have to make it easier. We have to m~ke it easier, and it is not just the'farms and stuff like that, and greenhouse, and everything. Every aspect that things SOUTHOLD ~TOWN~!BO~ we can do to improve the economy without effecting the environment. It is a fine balance. I am well aware of it, but it has to be done. There have been in the past. I remember there was a gentleman that wanted to rent that horror building which is up at the corner of, you know the old Agway building, that concrete building, right on the corner there. This was some years ago during .a' different administration. It was a Republican administration incidentally. The gentleman that wants to develop that building, he wanted to make Danish furniture components. Danish furniture components, it is a clean industry. It is a good industry. It would have employed up to fifteen to twenty local residents at good wages, because there is skill involved in these compound curves that you build in the Danish furnitUre:. .But, he threw up his hands when he found out how long to do that project, and he landed up in I have anything against Brookhaven Town, believe me. It is a wonderful place. I am glad I am in SouthOld. In any event we have to make it easier. That should be part of our agenda. I go back to the labor of. love, that my son engaged himself, in for. two years, which Was the USUK ~Sl~udy, and one of the principle things in the USUK .let's: keep the business in the hamlets. Well, if we are goiDg hamlets, let's make it easy for the .hamlets to have busines that study is out the window, and that study, by the administration previous to you, Jean. No thing was ever. done, but in the back of my mind it made a lot of sense, but what do I see in the hamlE and it is not because people are poor businessmen. It is because the competition is pretty tough. It is pretty darn know Southampton, when you go and rent a store in SoL that permission to use that store before the seas you until Memorial Day before they give you ike that, because they dOn't want empty stores. Th Empty stores look like the towr~ is: going downhill, not the case here, but it is an indi~ati°n, and you all ~ through downtown areas, and yo~ have seen them in and it is a sign that a town is going downhill it. It is the wrong sign, a0d us who live hei wrong sign, because we knoTM ~he. i~oWn isn't going environmental purchases, open space, bond acts, ev We are as good as anybody.~ We are better than Eai ton got all County money, ancO. State money, for lost part. We were appropriated'more money in this has. So, Joe's approach, I thqught, was well .~ It is not meant to polarize, and I certainly don't s icommunlty. Thank you. on Thank you, he Town Board? for reports. Tom. Is there anyone else who (No response.)- If not, I will call COl ELLI: I would just like to give the Historical Society a tonight. I know you were there last night, Jean. They opened .up their exhibit, North Fork land interactive exhibit. I think they did a fantastic job. It is a hands on exhibit for the school age children~ and everything they did is fantastic. Anybody going through the hamlet of Southold should stop in and see it. COUNCILMAN' MOORE: It has been long day, but I will be very brief. I had a Chance to speak to the Mattituc. k Chamber last night, and must tip my hat~ The Cham~er' is a dynamic active group up there. They have great visions for enhancing the business center down there in Mattituck, and they are seeking grant money, and they .are making applications, and chasing down everybddy and thei~ mother to make their projects come to llfe. We Will be working in partnership with them on some applications, and they are coming i=n bn March 30th to present to the Town Board what they need for us to do to help them mak~ that a viable, and continue to make it a viable business hamlet. So, my hat is off to the work they are doing, very active group. The second thing in changing hats now, is as the Town Board liaison to young men in the community who are doing their Eagle SCout projectS, I am happy to report that the US Department of 6 MARCH 16~ 1999 SOUTHOLD TOWN BOARD Agriculture has approved $5,500 for Eagle Scout candidate Wayne Langer's project up at Marratooka Lake, which is to take an overgrown wooded area, and return it to it's native grasslands, and that is some good news. He will be working with Troop 6 here in town, and Alan Connell from the Department of AgricultQ/-e, so that is a nice project. Thank you. COUNCILMAN MURPHY: I just wanted to let you know that the Soundshore Study Group will be meeting Thursday night, 7:30, here in Town Hall on the Horton's Point Goldsmith's Inlet area, and they will be presenting the possib e So utions; or what' they hope will be solutionS, for ~he erosion that: has taken PlaCe along there; So, that meeting. Will be on ThUrsday evening.' other than-that i~e 'just had §ome news :this evening, that I think m°s{ 'of you kn°w Dick RYan;' His' wife is e~trem~'ly ill, and it was, qUite Upsetting to: hear. JUSTICE EVANS: On a' good note, yesterday we closed on a piece of property on Fishers Island, Which is the first time the Town has used public funds to buy open. space out there, and the island is very grateful for'it. They suppo~-tec~ tHe'Op~en SPace Bond resolutions all along, so it is nlce'.to have some lan~ b0ughtion the island. I think that Jean has a letter of thanks, but i parti~:ularly want to:thank the Board, and Dick: Ryan, and our 'Town Attorney f.o~ working. With the organization, such: as Island People Project, arid the Clgic" Association on the island to make this happen. Thank you. SUPERVISOR COCHRAN: And to follow that, I have received a letter from Nancy Hunt, who is President of The Fishers Island Civic Association. Dear Supervisor Cochran and the Southold Town Board. On behalf of the membership and the: Board of Directors of the Fishers Island Civic Association, I wish to express our sincere thanks to you on the foresight on the important purchase of the Fitzgerald property adjacent to dock, beach on Fishers Island. We wish to express special thanks to Justice Louisa Evans for her diligent efforts on behalf of the Fishers Island residents, we also wish to' thank Dick Ryan, Greg KakaboskL and David stlre for their real estate, and legal expertise in expediting this transfer. The Civic Association intends to work closely with the Island People Project, the Fishers Island Harbor-Committee, and the Southold Town Board in order to maintain this area in accordance with Town guidelines, and for the residents of the town. Again, our sincere thanks, and it is from Nancy Hunt, President of Civic Association. I would also like to just reinforce What John said in relation to North Fork land down here, the Historical Society, please, if you 'have grandchildren, or children, just stop in and see it. I know I was as impressed with the project as John. They have done a beautiful job' there. It is only going to be there until May, and then they will take it apart, so they have room fOr their gift shop. I think they will shed a few tears, when they have to' take it down, because I am sure a lot of young people are going to pass through there, and enjoy the hands-on activities. I would like to close the meeting with, and I know the Town Board joins me in this, in extending our prayers and our thoughts to the Dick Ryan. Dick, our thoughts are with you, and God bless. May I have a motion to adjourn? Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:50 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