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HomeMy WebLinkAboutTB-07/06/19998 SOUTHOLD TOWN BOARD JULY 6, 1999 WORK SESSION: PRESENT: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussle; 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. 9:10 A.M. - The Board began with the review of IV. For Discussion Items: IV. 1. Peconic Land Trust Agreement (See Resolution No. 13). IV. 2. Building widths for examination by code committee. This wilt be held until such time until we hear from Cramer Consultants on the County Route ~8 Study. IV. 3. Local Law regarding Greenhouses. Distinguish between retail and wholesale, site plan will be required for retail, but not for agriculture use. The Town Attorney will re-write this local law. IV. ~. Home Occupations Review. The Board agreed that there should be no change. IV. 5. Real Estate Signs. Councilman Moore said that a request had been received to change the wording to take out "remove immediately upon". The Town Board agreed that it should · be left in. IV. 6. Community Preservation Fund Exemptions. It must be a working farm in order to be exempt. The parcel must already be in the agriculture program. You must make a commitment to agriculture. Town Attorney Yakaboski to check with other towns to see if this matter has come up yet. 9:~r5 A.M. - The Board took a short break at this time. 10:10 A.M. Supervisor Cochran advised that due to today's power outages on Long Island, LIPA called and cancelled their 3:00 P.M. appointment. James Bunchuck Solid Waste Coordinator was called and asked to come in this morning in place of his 1:30 P.M. appointment. 10:10 A.ML Appointment James Bunchuck, Solid Waste Coordinator and John Cushman, Town Comptroller appeared before the Town Board with regard to the procurement policy. Mr. Bunchuck explained that there are times when they need to buy things that they can't Wait for the turn-around time on the purchase order process. If it occurs on a week-end, he tries to contact Jean or Bill for approval. It does not happen very often, but it happened this past week-end; A discussion was held and it was recommended that he use his petty cash fund. An increase in the Improvements for the Solid Waste Management District Bond from St[0,000.00 to $50,000.00 was discussed in order to complete the office trailer. A resolution was placed on the agenda to set a date for public hearing for August 3, 1999 at 5:00 P.M. (See Resolution No. 1ti). Mr. Bunchuck explained that it is 200 feet to the septic line. The Suffolk County Health Department now says that they don't like it and that it must be a separate line. He will try to talk them out of it. 10:26 a;m. - The Town Board reviewed resolution numbers I through 1~ to be voted upon at the 7:30 P.M. meeting. Work Session ended at 10:35 A,M. SOUTHOLD TOWN'BOARD JULY 6, 1999 2 2 '9 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on.July 6, 1999, 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 I have a motion to approve the audit of bills for July 6, 19997 Moved by Councilman Hussie, seconded by Councilman Moore, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $107,820.07; General Fund Part Town bills in the amount of $11,~08.[[8; Highway Fund Whole Town bills in the amount of $[[1,[[10.39; Highway Fund Part Town bills in the amount of $1,[[60.00; Ag Land Development Rights in the amount of $1,[[60.00; Landfill Equipment/Scale Hous~ bills in the amount of $[[3,000.00; Open Space Capital Fund bills in the amount of $982.50; Computer System Upgrade bills in the amount of $7,501.9[[; Employee Health Benefit Plan bills in the amount of $5,356.00; E-W Fire Protection District bills in the amount of $20[[,782.96; Fishers Islfind Ferry District bills in the amount of $10,827.71; Refuse ~; Garbage District bills in the amount of $12,130.58; Southold Wastewater District ' bills in the amount of $860.8[[; Fishers Island Ferry .District bills in the amount of $260~99. 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: A motion to approve the minutes of June 22, 1999, Town Board meeting? Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the minutes of the June 22, 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: To set the date for a Special Town Board meeting JUly 15, 1999, at [[:30 P.M. Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that a Special Meeting of the Southold Town Board will be held at ~:30 P.M., Thursday, July 15, 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 duly ADOPTED. SUPERVISOR COCHRAN: This is in relation to the DEIS that we will receiving from Cramer for the moratorium. What we are doing, I would just like to share this with th'e viewers that watch our Board meetings, but what we are going to do, what we have done we have rented a bus, and we are going to be taking the..bus trip from one end to the other of the moratorium area. He will present it to us as we can see and feel what is along the route up here. We will be inviting many of the organizations and groups that are interested, be it the North Fork Environmental Council, be it Presidents of the Chambers, be it the Businessman's Alliance, and we would ask the cooperation of all these groups that call my office and propose one representative from your group at this time, because we certainly can't rent forty buses with only one man, that~ is able to give us the information, so we ask for your cooperation, but .it is.goi~ng to be like a field trip. The press, of course, will be a pa.rt of .it,. iso they can report to you. Setting the next regular Town Board fneeting July 20, 1999, at 7:30 P.M.? Moved by Councilwoman Hussie, seconded .by Justice Evans, it was RESOLVED that the regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, July 20, Southold, New York. Vote of the Town Board: Ayes: Romanelli, Councilman Moore, Justice Supervisor Cochran. This resolution was duly ADOPTED. 1999, at the Southold Town Hall, Councilman Murphy, Councilman Evans, Councilwoman Hussie, SUPERVISOR COCHRAN: Every once in a while as Board members we have a lot of work to do, and we try to do the best we can, but every once in a while we have a fun kind of thing that we do, and thanks to our Transportation Committee they thought it would be a fine idea to have a bicycle safety kind of contest, and I would like to introduce the Chairman of the Transportation Committee, Neb Brashich~ Margaret Brown is a member of that committee. Thank you, Margaret. Do we have anyone else from your committee here? NEB BRASHICH: There were three judges, Supervisor, Margaret Brown, Victor Brown, and myself. I think I would like to very quickly stress, this is a very unique program for the town. Essentially it involved both the public and private sectors cooperating. Allstate Insurance and the Town gave us two grants, and two companies in town, the Bike Stop in Greenport, and Country Time Cycle in Mattituck provided the prizes. The grants provided little flashing things, which would be attached to either a bicycle or a piece of clothing, and 750 children in grades through six participated in the contest throughout the schools. There were 200 semi-finalist, and our committee spent about fifteen hours going through those submissions and we came out the six winners. There' were four girls, and two boys who have won prizes. We will start with the first division, which is a division of grade one to three, and the Supervisor thought it would be a good idea for each winner to read their essay, and then you will be televised, and all your friends will see you. The first prize in the first division was won by Sarah Rose Hallock. Congratulations, Sarah. Would you like to re~d your essay. No? Why don't I read it for you. Sarah Rose says there are lots of ways I can be a safe bicycle rider. I always wear a helmet because my mommy says my head is precious and you can't buy a new head..When I ride my bike I always look out for cars, people, and my cat, Sadie, because she likes to come with us. I stay to the right, and if a car comes I stop my bike and wait for it to pass. I never do tricks on my bike, and I always hold on to both handlebars. I have lots of reflectors on my bike but I am not old enough to ride my bike at night yet. I always ride my bike with a grownup. I will also teach my little brother, Brian, ~ow to be a safe bicycle rider. The End. I will tell you that the comments that you want to teach your brother made it possible for you to win the prize ahd bicycle. We have also from the Bike Stop, Linda Ruroede, who has donated the bicycle for the prize right here. SUPERVISOR COCHRAN: Linda, .thls is a certificate of recognition presented to you from the Town Boa'rd in being a good supporter of young people, and providing a bicycle, and to congratulate you. LINDA RUROEDE: Thank you. SOUTHOLD TowN~;BOARD JULY 6, 1999 2 ~3.1 NEB BRASHICH: The second prize was won by Jeremy Stevens. Is Jeremy here? The third prize was won by Rebecca Rothman. Rebecca, are you going to read this? No? Let me read it then. I can be a safe bicycle rider by always wearing a helmet, so if I fall off my bike I won't Crack my head open. I should ride my bike on the sidewalk, but where I live there are no sidewalks so I ride on 'the right side of the road with the traffic. I follow all traffic signs to keep me safe. At red lights I stop. At yellow lights I slow down and at green lights I look left, right, left and go if Jt is clear. I use my hand signals, when I turn. I cross at a crosswalk. At night if I ride my bike I wear bright colors and have reflectors so I don't blend in with the night. Be a safe bike rider. SUPERVISOR COCHRAN: While you are up here we would also like to present to you for taking part in the contest, and providing for the community safe bicycling, and this is a certificate of recognition, and thank you for participating. NEB BrRASHICH: There was some opinion about a name, and our first prize winner in grades four to six. the committee who evaluated this looked at the name, and said. Tyler, and we were all convinced he was a boy, and Io and behold, when we got the telephone call reminding us to be careful what we think is the right thing, so finally Tyler is a glrl. Tyler Blangiardo won first prize. Are you going to read yours? TYLER BL~NGIARDO: The world of bicycles has many rules that are intended rto keep you and many others from harm. Three basic rules are to look in all di~rections at intersections and corners, keep alert of horns, blinkers, traffic lights and signs, and finally, to wear protective gear, such as helmets and reflectors. These rules have saved lives and could salvage yours as well. Look in all directions when you are riding your bike. Cars and trucks may not see you, so it is best to be aware of them. Many have died because of their ignorance. Please look before making your next move. It could be a life or death situation. Being attentive and alert to your surroundings is a major rule of the road. Watching for potholes, blinkers and signs will guide you on your trip. Potholes may disturb your bike's path and lead to cuts-and injuries so be aware of them. Car blinkers will give you hints that a parked car is on and may be turning. Another hint that a parked car Js running is smoke coming from the exhaust pipe. Signs can tell you of many dangers like construction, deer and closed off areas. Simple clues in your surroundings can help you often. Wearing reflective clothing will make it easier for night drivers to see you. Reflectors on your bike add to this protection. Other forms of safety are wearing helmets and pads. It would be a much less tragic circumstance for your helmet to break rather than your skull. Take this advice into consideration. It may prove itself very useful someday as some find out the hard way. As they always say, a safe b~ker is a happy driver. Good luck. NEB BRASHICH: The second prize was won by Jacob Sisson. Is Jacob here? Congratulations, Jacob. I am sure you will read yours. No? Okay. How and why be safe on a bike by Jacob Sisson. One, wear a helmet. This simple piece of padding can help to save your life if you are ever caught in a crash. A helmet is made to collapse and in doing so protects your skull. The collapsing of the helmet absorbs the shock of the impact and keeps your head from being crashed. But remember, it is not a good idea to put your head into an oncoming car as a helmet can not absorb all ~mpacts. Two, make sure your bike is in good working condition. A good working bike is a good factor in keeping you safe. A faulty bike can cause you to lose control. Even the slightest miscue, like a spoke being dislodged, could have a drastic effect on your control status. If you lose control on your bike in, let's say, an intersection, you can be seriously injured by an oncoming car. Three, make drivers notice you. One way to do this ~s to wear reflective strips, vests or taping on your body and reflectors on your bike. A horn is also recommended on your bike so you can alert any driver that does not see you. Keep in mind that almost all of the time a driver does not see you and does not know that you are there. Think that the driver could do anything at any time and you have to be ready. Over 500,000 people either die or are seriously injured by being hit by cars. most because they are not paying attention. They are not looking at what is happening in their peripheral vision or even rlght in front of them. Your .peripheral vision is one of the most important things that you have to pay attention to. It is where you see what is happening on either side of you without turning your head. This is where you can see the cars that could be coming out of a driveway or turning out of the parking space they are parked .n. Prevention of accidents is easy when you know What you are doing in terms of bike safety. Congratulations.., One more prize was won by Kevin Rishe. SUPERVISOR COCHRAN: Mr, Brown is not here. NEB BRASHICH: I don't see him. Would you like to make your presentation, and I will make sure he gets it? SUPERVISOR COCHRAN: I would just as soon be able to present it to him at one point, Neb. What this is, is a proclamation to Victor Brown, who has served for, I guess, since 1991 on the Transportation Committee, and he [~as brought a great deal of knowledge and information to committee, and this is a proclamation to be presented to him on behalf of the Town Board for his service to the community, but I kind of would like to present it personally, but the record now shows that three cheers for Victor Brown. We will continue with the Board meeting. I. REPORTS. SUPERVISOR COCHRAN: As you know each month committees and departments give to the Town Board reports as to the operations in their particular committee or department. The only one on this month at this time i's Scavenger Waste, probably because of the holiday, but they are public information. They are in file in the Town Clerk's Office, and please feel free if there is ever anything on here you are interested in you may come in and request that information, 1. Southold Scavenger Waste Monthly Carters Report for June, 1999. II. PUBLIC NOTICES. SUPERVISOR COCHRAN: Public notices are listed. 1. New York State Department of Environmental Conservation Notice of Complete Application of Suffolk County Water Authority to discharge backwash from an iron removal system on the south side of Sound Avenue, west of Cox Neck Road, Laurel. Written comments to be received by July 30, 1999. 2. New York State Department of Environmental Conservation Notice of Complete Application of William Ackerman to install a well with a submersible pump for the purpose of irrigating a vineyard east of Elijah's Lane and south of Route u,8 in Cutchogue, Southold. Written comments by July 17, 1999. 3. New York State Department of Transportation Notice of Restricted Highways, Route 25 from LIRR Overpass to Marratooka Avenue, Laurel and Mattituck, Town of Southold, due to reconstruction. Designation to expire on November 30, 1999. 4. U.S. Army Corp of Engineers New York District Notice of Application of Charles Rodin to install a pier assembly in East Creek, Little Peconlc Bay, Cutchogue, Town of Southold. Written Comments by July 28, 1999. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1. 5;00 P.M., on the Stacy A. and M~Chael J. Sheppard proposal for a zone changes. 2. 5:05 P.M., on the acceptance of the. offer of the Margaret' Clacia pr~)perty. SOUTHOLD TowNBOARD JULY 6, 1999 233 1.-Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold accepts, with regrets, the resignation of Tara Smith from her position of data entry operator, effective immediately. I .-Vote of the Town. · Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 2.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Beth Dzenkowski to attend the New York State Police Juvenile Officers Association Annual Training Conference at Ithaca, New York, from August 29, 1999 through September 3, 1999, and all expenses for registration fee of $145.00, lodging (including some meals) in the amount of $475.00, travel expenses and additional meal costs of approxima.t.ely $100.00, a total of $720.00 shall be a legal charge tot he Juvenile AId Bureau 1999 budget. 2. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Coch ran. This resolution was duly ADOPTED. 3.-Moved:by Councilman Moore, seconded by Justice Evans, it was RESOLVED th~{~ the ToWn Board of the Town of Southold appoint the followi';ng 1999 summer staff as follows: LIFEGUARDS Joyce Dumas (3rd year) Klm Hespos (4th year) Christina Kamarko (1st year) 3. -Vote of the ;Town Board: Ayes: Councilman Roma nell], ~cilman Moore, Justice $8.001hour $8.25/hour $7..50/hour Murphy, Councilman Evans, Councilwoman Hussie, Th ion :was. duly ADOPTED. 4.-Moved by Justice' Evans, seconded by Councilwoman Hussie, it was Town Board of the Town of Southold hereby modifies 01e TOwn 1999 budget as follows: To¸: A.1010.4.500.500 Town Board, C.E. Fee for services, non-employee Planning Consultants From: A.1990.4.100.100 Contingent, C.E. Unallocated Contingencies 4. -Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This'resolution was duly ADOPTED. $ 34,000.00 $ 34,000.00 Murphy, Councilman Councilwoman Hussie, 5.-Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the East-West Greenport Fire Protection District 1999 budget as follows: To: SF.3410.4.400.100 Fire Protection Contract $79,935.00 From: SF.1989.4.100.100 Funded Deficit, C.E. SF.9010.8.000.00 Fireman's Service Awards 5.-Vote of the Town Board: Ayes: Councilman Romanelll, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. $10,935.00 69,000.00 Murphy, Councilman Councilwoman Hussie, 6.- Moved by Councilwoman Hussie, secOnded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoint~s Michael Wall as a Seasonal Laborer for the Solid Waste District at a salary of $8.25 per hour, effective immediately and for a period not to exceed Labor Day, September '6, 1999. 6.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 7.-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that' the Town Board of the Town of Southold hereby authorizes and directs Island Group Administration, Inc. to pay medical bills of town employees John Boufis, Elizabeth Neville, and Georgia Rudder, which bills were submitted by provider more than 90 days after the services were rendered. 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 hereby accepts with regrets the resignation (~f Robert G. Kassner as a Member of the Southold Town Landmark Preservation Commission, effective ~ July 19, 1999. 8.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman HUssie, Supervisor Cochran. This resolution was duly ADOPTED. 9.-Moved by Justice Evans, seconded by Councilman Romanelll, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an expenditure not to exceed $350.00 for expenses incurred by individuals from the New York State Department of Motor Vehicles to travel to Fishers Island to process the renewal of drivers licenses for Fishers Island residents. 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 Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby AMENDS RESOLUTION NO. 31 of the JUNE 8, 1999 Town Board Meeting to amend the salary as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Gregory Schweitzer to the position of Scale Operator at the Southold Town Landfill, at a salary of $13.~1 per hour, effective June 8, 1999. 10.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 11.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the 'Fown Board of the Town of Southold hereby modifies the General Fund Whole Town 19~9 budget as follows: Revenues: A.2705.~0 Appropriations: A.5182.2.500.500 Gifts & Donations Other Donations 11 .- Vote of the Romanelli, Councilman Moore, Justice Supervisor Cochran. This resolution was duly ADOPTED. Street Lighting, Equipment Other Equipment Street Light .Fixtures Town Boa rd: Ayes: Councilman Evans, $ 185.00 $ 185.00 Murphy, Councilman Councilwoman Hussie, SOUTHOLD TOWN?BoARD ~ULY 6, 1999 235 12.-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 budget as follows: To: A.1910.~.300.800 From: A.6772.~;600.300 In~:u'rance, Small Claims ~.., 12.-V0te of the Romanelli, Councilman Moore, Justice Supervisor Cochran. This resolution was duly ADOPTED. Human Services, Miscellaneous- Travel Reimbursement Town Board: Ayes: Councilman Evans, $500. O0 $500.00 Murphy, Councilman Councilwoman Hussie, with imp lands, CommUnity Preservation Project Plan; and other planni0g, acquisition, and negotiation Attorney~ 13.-Vote of' seconded by Justice Evans, it was Board of the Town of SoUthold hereby ;rvisor Jean W. Cochran to execute an agreement to assist the Town in identifying and programs to acquire development rights to fee interest to open space and other lands; the This services, all in accordance with the apprOval of the Town the Town Board: Ayes: Councilman Murphy, Councilman Councilman Moore, Justice Evans, Cou.nc|l.woman Hussie, · an. duly ADOPTED. COl ~IOORE: I am really glad. We have worked very well in the and I hope we can continue to do so. 14.-Moved by Justice Evans', seconded by Councilman Romanelli, WHEREAS~ the Town Board of the Town of Southold (herein called "Town .Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District~ heretofore established and now existing in the Town (herein called "District"), has determined to increase and improye the facilities'of the District, consisting of (i) construction of a new Scale house at th~ estimated maximum cost of $40,000 and (ii) acquisition of various equipment at the estimated maximum cost of $160,000; and WHEREAS. after a public hearing duly called and held on November 12, 1997, the Town Board of the Town determiBed pursuant to the Resolution and Order After Public Hearing duly adopted on November 12, 1997, that it is in the public interest to increase and improvethe facilities of the'District, and ordered that such facilities be increased and improved at the estimated total cost of $200,000; and WHEREAS, due to increased costs of materials and labor for the con~tr¢ct+on of such scale hous9, the estimated maximum cost thereO~ has increased by the amount of $10,000 to $50,000 and the estimated total cost of said increase and improvement of facilities is now $210,000, and it is necessary and desirable and in the public interest and the best interest of said Town to increase the total appropriation therefor by said amount of $10,000, from $2:00,000 to $210,000; and W~.EREAS, ;said $210,000 total?estimated cost shall consist of '(i)~the ~construction of a new scal:e house at the estimated m.~ximum cost 6f $50,000, such additional amount to be p~id ~y the'lexp~nditurelof ~10,000 from available funds of the Districti a.~d. iii) acquisit~on.of various equipment at the est[mate~ maximum cost of $160,000; Now, therefore~ be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 3rd'day o{ Au_~g~ 1999 at 5:00 o'clock P.M, (Prevailing Time)--~o consider s~id increase~ost to the increase and improvement of facilities and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in "THE SUFFOLK TIMES," a newspaper hereby designated'as the official newspaper of the Town for such publication, a~d.p~st on the sign boar~ ~f the. ToWn maintain~ed pursuant t° Subdivision~6 of Sectioni30 0f the T~wn. Law, a copy of this Order~ ~ertifi?d'by said Town clerk, the first publication thereof and said posting to be not less than teh (10) nor more than twenty (20) daYs before the date Of such public hearing. DATED: July 6, 1999 TOWN BOARD OF THE TOWN OF SOUTHOLD 14.- Vote of the Town Board: Ayes: Romanelli, Councilman Moore, Justice Supervisor Cochran. This resolution was duly ADOPTED. Councilman Evans, Murphy, Councilman Councilwoman Hussie, 15.-- Moved by Justice Evans, seconded'by Councilwoman Hussie, it was RESOLVED that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law, the Town Board of the Town of Southold, as lead agency, has determined that the proposed action of Stacy Michael Shel~pard 'for a change of zone from Light Industrial (LI) to Low Density Residential (R-40) district on certain property located at the south side of New Suffolk Avenue and west side of Airway Drive, Mattituck, New York, (SCTM#1000-115-9.5.1) will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared; and be it FURTI~ER RESOLVED that this determination is issued in full consideration of the Criteria for Determination of Significance contained in 6NYCRR part 617.11, the long Environmental Assessment Forms Part I, II and the following specific reasons: 1. The Town of Southold Planning Board reviewed the subject application and made a determination in favor of the proposed zone change for the following reasons: with the exception of the airport, the surrounding area is zoned Residential R-80 and R-40, therefore this zone change would be in keeping with the zoning in the area. 2. The Suffolk County Department of Planning reviewed the subject application and considered it to be a matter for local dete,,lination as there is no apparent significant impact co.untywide or inter-community impacts. 3 The proposed action will not set a significant precedent, as it represents a unique scenario. 4. The existing zone is Light industrial (LI) which has a maximum potential development of commercial and industrial uses. The proposed action would alter the :zone from a more intensive zone to a less intensive zone therefore having none or if any, apOsifive impact on the environment. 5. The proposed action would be more in keeping with the surrounding zone districts save for the existing airport Zoned. Light Industrial (LI). 6. Proposed project is not of significant magnitude or impact to warrant the preparation cfa Draft EIS and will not cause a significant burden on natural or community resources. SOUTItOLD TOWN':BOARD JULY 6, 1999 FURTHER RESOLVED that the Town Board of the Town of Southold hereby issues a negative declaration pursuant to Part 617 of Article 8 (State Environmental Quality Review) of the Environmental Conservation Law (USEQRA") for the proposed change of zone by the applicants Stacy A. & Michael J. Sheppard. 15.-Vote of the Town' ' Board: Ayes: Councilman Murphy, Councilman Romanelll, Justice Evans, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: May i have a motion to recess? Moved by Justice Evans~, seconded by Councilman Murphy, it was RESOLVI~D that a rec~ess be called at this time, 5:00 P. M.. for the purpose of h'0!ding a public hearing. Vote' of the Board: Ayes: Councilman Murphy, Councilman )re, Justice Evans, Councilwoman Hussie, This resolution was duly ADOPTED. Reconvened at 5:04 P.M. 16.-Moved by CoUncilwoman Hussie, seconded by Justice Evans, WHEREA~, a petitlon was heretofore filed with the Town Board of the Town of ;Southold by Stacy A. & Michael J. Sheppard requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by changing from Light Industrial (LI) District to Residential (R-40) District, the property described in said petition, and WHEREAS, Said petition was duly referred to the Town Planning Board and the Suffolk County Planning Board for investigation, recommendation and report, and the reports having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the 6th day of July, 1999, and due ehberat.on hav.ng been had thereon NOw, THEREFORE BE IT RESOLVED, that the 1.2 acre parcel located at th~ south sid!e of NeW Suffolk Avenue and the west side of Airway Drive, Matt'ituck, New YOrk, owned by applicants Stacy A. & Michael J. Sheppard (Suffolk County. Tax map number 10007 15-9.5.1) is hereby re,or'ed from ~Light I~ndustrial (.LI) District to Resident al (R-40) District. 16.-Vote of the TOWn Board. Ayes: Councilman Murphy, Councilman Remanelli, 'Justice Evans, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman MoOre. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 5:05 P. M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Murphy, Councilman Councilwoman Hussie, 17.-Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, Margaret Ciacia, Conservatee, by John Faulkner, Conservator have offered to sell property to the Town of Southold under the Open Space Program; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the acquisition of the Ciacia property on the 6th day of July, 1999, pursuant, to the provisions of Chapter 59, Open Space Preservation, of the Code of the Town of Southold, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the Clacia property; now, therefore, be it RESOLVED that the Town Board hereby elects to purchase the property of Ciacia, described as. follows: SUffolk County Tax Map No. 1000-45-1-10, comprising approximately 8 acres, located on the northwest corner of Main Road and Chapel Lane, Arshamomaque, Southold, New York, at a cost of $72,000.00; and be it FURTHER RESOLVED that Supervisor Jean W. Cochran be and she hereby is authorized to execute any and all required documents required for the acquisition of the aforesaid property. 17. -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: The Town just bought themselves a very valuable piece of property. That is it as far as public hearings are concerned, and we have finished the resolutions, so we will go to the part of the meeting where if anyone in the audience has anything they would like to share with the Town Board, please, feel free at this time. Yes, sir? DICK LESSER: Dick Lesser of Greenport. I-wasn't available when you had the discussions on the 30th because health becomes more valuable than welfare. I went to the hospital. It is just an appointment, but I had to make it, and since I just saw that you had a discussion on it on the 30th, if there is anything you wish to ask me about it, about this resolution that I want changed I would be glad to talk. COUNCILMAN MOORE: We did talk abut it in the Code Committee. The Code Committee to be honest with said, no recommended change could be made to the Code on that language, and that was discussed on the Work: Session this morning, and presented to the Town Board. That restriction is there for a couple of reasons, one is which of their concern that retail trade end up happening on residential property. DICK LESSER: What is wrong with that? Then if that is the case and it is law, why isn't the Police Department not doing it's duty, and ticketing everybody that anywhere from a car to a box of strawberries, to box of tomatoes, to straw, wood, it being sold out of the house illegally. COUNCILMAN MOORE: I don't know if that is case. I think the Code Enforcement is difference as to what activities. We have a farm stand law for example. They allowed to sell from their homes certain products. If there are complaints about illegal sales going on. I am familiar that have made complaints, and Code Enforcement Officer has gone down there and stopped people from selling anything from manufactured Adirondack furniture out of the garage, wishing wells, and the like. So, when the Code Enforcement Officer is made aware of it, it can be enforced then. DICK LESSER: In other words if it is not.. how about cars? COUNCILMAN MOORE: I don't know. . selling a car from your home does not constitute.. DICK LESSER: Just go up and down 48 or 25. COUNCILMAN MOORE: Selling a car from your home does not constitute a home occupation. In fact there are separate problems when people sell more than X number of cars on a piece of property. They are considered dealers, and there is a problem there, but the casual sale of one car from their home does not constitute, in my opinion or understanding of that law, a home occupation. The person is not in the business of selling cars from their property. That is the casual seller of an extra Sunfish, or a rowboat, or what have you. COUNCILWOMAN HUSSIE: The other part of it, also, that we considered was it says you can net store any of the products on the property. DICK LESSER: That is the second half of the 28. COUNCILWOMAN HUSS:IE: That is right, and in that case if we were to take that out, plumbers could have pipe all over the place, and painters could have anything there. DICK LESSER: You don't want me to get into that. I know people that do exactly what you just said. SOUTHOLD TOWNBOARD JULY 6, 1999 ,2:3'9 COUNCILWOMAN HUSSIE: Enforcement Officer? Really? Have you mentioned that to the Code DICK LESSER: Of course not. I am not a squealer. I know people that do that exactly, and to me it falls under the category of selling out of .your house, and I don~t care what it is whether it is, like I said, strawberries, a bail of hay, or a cord of wood, if it is on your front lawn you are selling out of your house, and if that is the way the law reads, it is not interpreted that way, and Councilman Moore just told me, but that is what the law reads, and if it is enforceable it should be rescinded. Thank you. I will see you again. SUPERVISOR COCHRAN: Is there anyone else present that has anything they would like to share or ask? JACK WILLIAMS: Jack Williams from East Marion. It is almost too hot to bother to ask the question, but what are you doing with the Jones report, hatching it? SUPERVISOR COCHRAN: I don't cluck either. No. It has not come for our review yet, sir. Anyone else like to speak to the Town Board? (No response.) I am not going to call for reports. It is terribly hot up here. I would just like to bring your attention to the fact that we have not only at different boat ramps in town, but the town is doing and has part Of a campaign for jet ski safety. Detective Dzenkoski is handling it, and these have been posted in many places where jet skiers use any of ramps, so Jt gives the watercraft safety regulations, and hopefully that we have safe summer as far as jet skis are concerned. Also, we have some safety tips from the Weather Bureau in relation to the weather. We closed early today, because we are cooperating with LIPA, and as many businesses and most of the municipalities throughout Suffolk were shut down a little early, but it says, slow down, reduce or eliminate strenuous activities. I donmt think anyone has to tell me that. Dress for summer. Wear light clothes, eat less, drink more fluids, and not alcoholic beverages, and spend more time in air conditioned places, and donmt get too much sun, and don% forget about your pets also, because they struggle through the heat. So, it is a hot one. I think, we are ready to go home, and I thank you for joining us. The only other thing I would like to say is LIPA was going to come in to;clay a~d meet .with us on the towers that they would plan to string tl~r°~gh here; and they are all tied up with this weather emergency, so they canceled our 3:00 o~clock appointment, but I spoke with the gentleman, and he expects to be able to be with us in two weeks, so they will be coming in to report on exactly what they are planning on doing. COUNCILMAN ROMANELLI: I just want to say for the TV viewing audience Monday nigh~ is the public hearing, or the informational hearing on the pqol, on the Family Activity Center 7:00 o~clock right here, so please come. SUPERVISOR COCHRAN: Thank you for joining us. Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:17 P.M. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, StZpervisor Cochran. This resolution was duly ADOPTED. $outhold Town Clerk