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HomeMy WebLinkAboutTB-09/14/1999SOUTHOLD TOWN BOARD SEPTEMBER 14, 1999 REGULAR MEETING A Regular Meetiv~g of the Southold Town Board was held on September 14, 1999, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman Will/am D. Moore Councilman John M Romanelli (arrived at 7:40) 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 September 14, 19997 Moved by Councilwoman 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 $209,849.06; General Fund Part Town bills in the amount of $11,604.20; Community Development Fund bills in the amount of $1,027.00; Highway Fund Whole Town bills in the amount of $53,272.85; Highway Fund Part Town bills in the amount of $374,441.81; CHIPS (Highway Part Town) bills in the amount of $130,906.00; Capital Projects Account bills in the amount of $671,047.78; Ag Land Development Rights bills in the amount of $1,061.75; Computer System Upgrade 328,495.52; Employee Health Benefit Plan bills in the amount of $5,408.00; Fishers Island Ferry District bills in the amount of $17,441.76; Shorecrest at Arshamomague bills in the amount of $18,315.92; Refuse & Garbage District bills in the amount of $218,006.48; Southold Wastewater District bills in the amount of $9,954.17; Fishers Island Sewer District bills in the amount of $70.93; Fishers Island Ferry District bills in the amount of $515.30. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochrar~ This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Approval of the minutes for August 31, 1999, Town Board meeting. Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the August 31, 1999, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor CoChran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: To set the date of the next regular Town Board meeting, September 28, 1999, at 4:30 P.M. Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was RESOLVED that the next meeting of the Southold Town Board wilt be held at 4:30 P.M., Tuesday, September 28, 1999, at the Sonthold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. pg 2- 91111/99 I. REPORTS. SUPERVISOR COCHRAN: Under reports, as you know reports are submitted to the' Town Board by both committees and departments each month. They are listed in the agenda. They are public information so they are available for your information anytime you would like or feel that something is important to yourself. They are available in the Town Clerk's Office. 1. Southold Town Clerk's Monthly Report for August, 1999. 2. Southold Town Scavenger Waste Treatment Facility Report for August, 1999. 3. Southold Town Recreation. Department Monthly Report for August, 1999. u,. Southold Town Justice Bruer's Monthly Court Report for August, 1999. 5. Program for the Disabled Events for August, 1999. II. PUBLIC NOTICES. SUPERVISOR COCHRAN: Public notices, there is a public notice for an application of TOm Samuels~ to dredge in Haywater's Cove, Little Peconic Bay. Written comments by October 1, 1999, and the Suffolk County. Department of Planning. They are having a hearing in relation to the acquisition of property for drainage on County Road 48 in the vicinity of Hashamomuck Pond here in Southold. 1. U.S. Corp of Army Engineers, New York District, application of Thomas Samuels to dredge with ten years maintenance with upland disposal in Haywaters Cove, Little Peconic Bay, Cutcho.gue. Written comments by October 1, 1999. 2. Suffolk County Department of Planning Notice of Public Hearing in regard to Acquisition of property for drainage improvement on CR L[8, in the vicinity of Hashamomuck Pond, South01d, September 21, 1999 at 10:30 A.M., Dennison Building, Hauppauge, New York. III. COMMUNICATIONS. 1. Bruce Ferguson, Suffolk County Industrial Development in regard to approval of refinancing for Floyd Memorial Library, IV. PUBLIC HEARING. 1. 8;00 P.M., on a proposed "Local Law in Relation to Charges Associated with Vehicle Removal". 2. 8:05 P.M., on a propqsed "local LaW in Relation to the Extension of Temporary Moratorium to October 20, 1999 on the Issuance of Approvals and/or permits for Business Zoned Property along the Route 48 Corridor in the Town of Southold from the Riverhead/Southold Town Line on County Route /~8 extending east to the Intersection of County Route ~,8 and State Route 25". 3. 8:07 P.M., as a proposed "Local Law in Relation to Non-Commercial Scallop Season". V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy-that before we take action on any of the resolutions, if there is anyone in attendance that would like to address the Town Board in relation to any of the resolutions we would be very happy to entertain your comments and remarl~s. There is also a time at the conclusion of the Town Board work for public input on any Town business. So, at this time if there is anyone that Would llke to address, the~Town Board in relation to any of the resolutions we would be very happy to hear them at this time. Is there anyone that Would like to address the Town Board in relation to any of the resolutiOns? (No response.) . If not, we will begin the passage. pg 3 - 9/lq/99 1.-Moved by Justice Evans, seconded by Councilwoman Hus§ie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1999 budget as follows: From: A7.180.4.600.300 Lifeguard Mileage $ 550.00 A7180.4.~,00.200 Water Testing $ 150.00 To: A7020.4.100.100 Office Supplies/Materials $ 700.00 1.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. ? 2.-Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Patricia D,. Garsik to the position of Senior Clerk-Typist to the Sou.thold Town Police Department. at a salary of $30,558.07, effective September 2, 1999. 2.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 3.-Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part-Town Budget as follows: To: B.8020.1.100.200 Planning, Personal Services $ 425.00 Full-Time Employees Overtime Earnings From: B.8020.4.500.500 Planning, Fee for Service $ 425.00 Non-employees Planning Consultant 3.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 4.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Case's Lane, Cutchogue, between the hours of 10:00 A.M. to 4:00 P.M., on Saturday, October 2, 1999 as a safety precaution during the Annual Harvest Fair of the Mattituck Lioness Club being held on the Cutchogue Village Green, Cutchogue, New York, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 4.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 5.-Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was RESOLVED that the Town Board of Town of Southold hereby sets 5:00 P.M., Tuesday, September 28, 1999, Southold Town Hall, 53095 Main Road, Southold, New York, as time and place for a public hearing to hear citizen views on local housing and community development needs to be met with the approximately $148,000.00 in Community Development Block Grant Funds the Town of Southold expects to receive in April 2000. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and..improvements Street reconstruction Code enforcement Public Water. projects Economic Development Public Services (limited to 15%) 5-~Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Pg q' - ~911~1./99 6.- Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Calvert Barrows Hall as a Member of the Fishers Island Harbor Committee representing the Hay Harbor ProPerty Owners Association, effective immediately, for a three year term of office to expire on May 14, 2002. 6.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor CoChran. This resolution was duly ADOPTED. 7.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Island Group Administration, Inc. to pay the medical bills of Roger'T. Foster in the amount of $121.00, which bill was submitted by the provider more than 30 days after the service was rendered. 7.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 8.-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following members of the Southold Town Police Department to attend a One Day Dive Training Exercise at New Castle, Pennsylvania on Wednesday, September 29, 1999, and all necessary expenses for travel and registration, not to exceed $200.00, shall be legal charge to the 1999 Police Training Budget: Detective Joseph Conway Southold Bay Constable Donald Dzenkoski Police Officer James Ginas Detective Edward Grathwohl Police Officer Richard Perkins Police Officer. Joseph Wysocki 8.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADO'PTED. 9.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was RESOLVED for purposes of utilizing the Funds Transfer Service of Fleet Bank ("Bank"), the Town Board of the Town of Southold enters into a Funds Transfer Agreement with the Bank containing such terms and provisions as the Town and Bank shall agree to; that the Funds Transfer Agreement shall authorize such one or more officers of the Town to effect funds transfers on behalf of the Town and to debit and withdraw funds from one or more Town accounts maintained with the Bank; that in order to accomplish the foregoing, Supervisor Jean Cochran or Deputy Supervisor William D. Moore, acting singly, shall have full power and authority to execute the Funds Transfer Agreement, including the designation of such one or more officers of the Town who shall have the power and authority to effect funds transfers and to debit and withdraw funds from the Town's accounts, and such additional documents as the Bank shall request, all agreements subject to the approval of the Town Attorney. 9.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 10.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Karen McLaughlin' and Carol Betty, Southold Town Human Resource Center, to attend "The Mind Matters Seminar" on September 24, 1999 at the Smlthtown Sheratorn and to receive reimbursement of $59.00 each for same from the .. General ~und Whole Town Budget 1999. 10.-Vote of the Town Bc~ard: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, CouncilWoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. pg 5 - 91111199 11.-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby approves Administrative AsSistant Barbara Rudder's attendance at the New York State Benefits Eligibility and Accounting System (NYBEAS) mandatory two-day user training program on November 22 and 23 in Albany, New York, and that travel, lodging and meal expenses associated with Barbara's attendance shall be a legal charge against the 1999 Accounting and Finance budget. 11.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie~ Supervisor Cochran. This resolutlon was duly ADOPTED. 12.-Moved'by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of SOuthold hereby sets 5:00 P.M., Tuesday, September 28, 1999, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of the acquisition of certain parcels of property from the Peconic Land Trust for Open Space preservation purposes. The property is located north of State Road Route 25 in East Marion, New York and abuts the westerly side of Dam Pond. The parcels are known as SCTM#1000-22-3-19, SCTM# 1000-22-3-20, SCTM#1000-22-3-21 and SCTM#1000-22-3-22 and comprises a total of approximately 26 acres. The total purchase price is $900,000 (Nine Hundred Thousand Dollars). 12.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 13.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby refers the proposed zoning map changes annexed hereto to the Suffolk County Planning Commission and the Southold Town Planning Board; and be it FURTHER RESOLVED that the Town Clerk be and she is hereby authorized and directed to schedule the times for public hearings on Monday, October /~, and T~Jesday, October 5, and Wednesday, October 6, 1999, on the proposed Local Laws for the zone map amendments. 13.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 14.-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute the attached contract with Nelson, Pope & Voorhis, LLC. for the review and revision of the technical .report provided to the Town of Southold by the Suffolk County Department of Planning entitled Ground Watershed Protection and Water Supply Management Strategy (Southold Township 2000) all in accordance with the approval of the Town Attorney. The cost of these services Is a total of $20,000 which will be paid from grant funds committed to the Town of Southold by the Suffolk .County Water Authority expressly for this purpose. COUNCILWOMAN HUSSIE: After spending $20,000 for the so called Jones Report, we are now asked to spend another $20,000 to have the Jones' Report explained to us, and to develop strategy. Among these strategies is five acre zoning of AC property RS0 properties. Another recommended strategy is the use of a indemnity conveyance, which is translated into TDR. Previous Boards have Iool~ed at TDR's and did not approve. Goals and policies are also going to be delineated for us. At the Work Session this morning it was emphasized that the money was coming from the Suffolk County Water Authority. It wasn't coming from the Town pockets. That is all well and good, but. again, we ar.e faced with having a report or a study done for the Town into which we. have had no input. Having the Suffolk County Water Authority pay for it also puts us in a obligatory position, and when all is said and done it is the same suit, but a different pockets that are being hit. 14.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. No: Councilman Romanelli, Councilwoman Hussie. This resolution was dul.y ADOPTED. pg 6 - 9/lq/99 15.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste Management District 1999 budget as follows: To: SR.8160.2.200.400 From: SR.8160.~.~00.200 Refuse & Garbage, Equipment Office .Equipment Corn purer Equipment 15. -Vote of the Town Board: Ayes: Romanelli, Councilman Moore, Justice Supervisor Cochran. This resolution was duly ADOPTED. Refuse & Garbage, C.E. Contracted Services Building Maintenance Councilman Evans, $20,000.00 $20,000.00 Murphy, Councilman Councilwoman Hussie, 16.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the Southold Town Landmark Preservation Commission, effective immediately., through April 4, 2001, they to serve without compensation: Mel Phaff Mary Jablonski Richard P. Boardman 16. -Vote of the Town Board: Ayes: Councilman Murphy, Councl Iman Romanelll, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That is the end of our resolutions until after the public hearing. We have three public hearings. One on the Local Law associated with Vehicle Removal, and one the extension of the Temporary Moratorium, and Local Law in .Relation to Non-commercial Scallop Season. Perhaps I will call for Board reports at this time since we have fifteen minutes. John, do you have anything you would like to share? COUNCILMAN ROMANELLI: I am trying to catch up here. Come back to me. SUPERVISOR COCHRAN: Alice, do you have anything you would like to share? COUNCILWOMAN HUSSIE: No, not now. SUPERVISOR COCHRAN: Bill? COUNCILMAN MOORE: I tell you we had a productive Work Session this morning, a long day working on. the Zoning Code language for the RO and the LB districts. Pay attention as those come out in public notice, and I am glad to see we went ahead and set public hearings for the zone changes, so we can get the input we have been talking about all along. I was disappointed the Board discussed the possibility of hiring an additional Building Inspector, and that did not go forward. That is too bad. We debated whether computers are sufficient to resolve your prOblems, or the management is sufficient to resolve your problem. As I came over this evening the only thing that came to mind was when you are standing in the grocery store with a basket of food, and the line gets longer and longer, what you really want to happen is have somebody be put there as an extra cashier, and so I would like to see us hire an extra Building Inspector. The work load is there. The renovations that are being done in this community, the houses that ~a,r,e being built, I think we can justify it easily. The need is there. : SUPERVISOR COCHRAN: councilman Murphy? COUNCILMAN MURPHY: The only thing at this point is, as you see is the setting the times for ~he public hearing on Dam Pond property. This has been somef, hing the Land Preser~vation Committee, and the Town Board has worked dil,|gently on for the past number of years. In fact, I think parts of it goes back to before this Board. It looks like we are going to Come down in a short ,period of time. pg 7 - 9/1~199 SUPERVISOR COCHRAN: It is making it all happen. Louisa? JUSTICE EVANS: I want to thank the National Guard again for finishing removing the junk cars from Fishers Island, not all the junk cars, but the ones they said would, and particularly I want to thank our Fire Department because they stood by on a Saturday, made the men available in case an emergency came up, and I don't think, not just our fire department, but most volunteer fire departments get enough thanks, so I am thanking them again. I just have a little aside. I think I saw an East Marion Fire truck driving up 95. I think they just attended fiftieth anniversary celebration for the Lyme, Connecticut Fire Department, and I heard that Orient might have been there, too. I was there, but not for the parade part. I had other ;things, but it was kind of neat to see fire trucks going up the highway that said East Marion across the side. SUPERVISOR COCHRAN: They always come across to this side for. celebrations, and parades, and it is something that has been going on for years between the two departments, or three departments. It is always fun to see a Connecticut fire truck at one of our parades. COUNCILWOMAN HUSSIE: Do they take the ferry? JUSTICE EVANS: Yes. That is Where I saw them. They were heading back to the Orient Point Ferry as I was heading back up to our ferry. SUPERVISOR COCHRAN: I would like to share several things. As you know Fort Corchaug has been named a Historic National Landmark, and the dedication for this..they send a great big plaque about this big, which we have to put on the site somewhere, and so we call on Jake, and he goes out and finds a rock big enough to put this big plaque on. We are going to be having a dedication September 29th at 2:00 P.M. at the Fort site, so of course, the public and the Town Board, and everyone is invited to share in the festivities. I would like to add to what Louisa said in relation to the Guard help. It was, again, a partnership that provided a service, that was beneficial to Fishers Island. Fifteen cars in total were removed. The first weekend it was scheduled we were so fogged that were only able to remove three cars, I think. Louisa? So, three or four, it left eleven to be moved this weekend, and they were able to do all those on Saturday. The turnaround time of taking .off from Fishers Island with the vehicle, coming over, dropping it here in the Suffolk County Park, and going I~ack was a turnaround time of twenty-two minutes, so we were able to bring all the junk cars with an hour off for lunch by 3:30 in the afternoon. It was awesome to see this helicopter and this vehicle, this junk vehicle in a sling beneath and it was awesome. It was awesome. There are, we feel, approximately another fifteen cars on the island, and Colonel Itinny, who is in charge of the air wing from MacArthur Airport with the helicopters would like to see us finish it up next year, and take the rest of them off. So, I think because it was such a good partnership, it was the Pine Barrens, it was law enforcement, it was the DEC, it was the 369th National Guard out of Harlem, the Harlem Hell Fighters. Part of the transportation unit was a unit from Peekskill. As I said, Colonel Itinny with the helicopters from MacArthur. It was just a good cooperative project for the community, and if we had to rent a barge, and take them off it would have cost a heck of a lot of money, so we were just pleased with the way everyone functioned. As you know we have Floyd floating around out there somewhere, and something that I received as Chief Emergency Preparedness Officer I get 'six hour updates, which shows where Floyd is going, and what he is going to be doing ~n the next so many hours to 1100 hours on these. It looks like it is going to go out a little bit, rather tha~ hit us full. It looks like it is going to go up through Pennsylvania and Virginia. Hopefully it dissipates as soon as it hits landfall. When it hits land, of course, I think we are going to see some heavy damage. SO, we offer bur best to those people who might be in it's path. We do put out through my office a hurricane awareness brochure. If you have never picked it up you really should, because it lists the public shelters, the radio stations to listen to, emergency numbers, ~nd what to do during the storm, and after the storm, and some of the preparation that you should do before a hurricane hits this area, so it is available if you would like to stop in and pick one up. It has been a busy two weeks. Right now I am working on the budget, so my time is limited, because that is a must that has deadline dates as to when it has to pg 8 - 9/14/99 be done and so forth. But, I did have the opportunity to attend some functions within the community, and one was the retirement dinner for Dr. Micah Kaplan. Dr. Kaplan has been a positive force in the community for many, many years, and his dinner and his retirement was a lovely event to attend. On behalf of myself and the Board we would like to wish him. well in his retirement. He certainly has earned it. My goodness, we have seven minutes yet. COUNCILWOMAN HUSSIE: We can also add to Micah's retirement party, a roast that Lauren Grant did. She wrote it, and she executed it, and it was rol.I in the aisle stuff, and Dr. Kaplan was must charming about taking the ribbing that he got. But, it was a very nice party. Everybody is going to miss him. I don't think he will stay retired long. SUPERVISOR COCHRAN: They will 'find something for him to do. COUNCILWOMAN HUSSIE: After seven days a week, twenty hour day. SUPERVISOR COCHRAN: We have seven minutes before we can go into our hearing, the first hearing. Is there anyone that would like to address the Town Board on any given topic, and I will stop it at eight, and then come back to it after eight. I have in the back first, please. PAULINE PHARR: I -am Pauline Pharr. I was at both of your Work Sessions where you discussed possible zoning changes for Light Business, at the first meeting that you had, where you took notes, and then you ended up today. I was under the impression that you thought wholesaling and private warehousing was an intention for staying in Light Business as a regular use, not a Special Exception. Mr. Cramer had recommended that it be a Special Exception, but I understood that Special Exceptions were things that were a nuisance value, and therefore needed to be judged by the Planning Department, or whoever it is that judges this. But, in the draft of the Local Law that you studied this morning you put wholesaling and private wharehousing out of permitted use and into Special Exception. I am asking you to explain your reasoning in doing this, and how it is a worse use than a repair shop, or a machine shop,, or a winery, what it is about wharehousing and winery that they need Special Exception? COUNCILMAN MOORE: Let me suggest, I will go back and look at my notes. I had notes, and they ended up the draft you didn't catch today. I will look and see. Maybe my notes were not totally transcribed. Nobody seemed to catch it today, as we talked about it obviously. Maybe my notes on the meeting didn't get re~lected in what got drafted out. PAULINE PHARR: I was listening with acute ears. I wouldn't like to see this just be written up as if it were the result of your discussion. SUPERVISOR COCHRAN: Williams? Anyone else like to address the Board? Mr. JACK WILLIAMS: Jack Williams from East Marion. I, too, was interested in the offer by the Suffolk County Water Authority to pay $20,000 for a consultant's report on a consultant's report, and I recognize the Town Board has no say over the expenditure of money by the Water Authority, but I think it is leading you in the direction of total confusion, because I was not satisfied with the reasoning given for such a .... COUNCILWOMAN HUSSIE: That was last week, Jack. JACK WILLIAMS: This is not the ,week? Anyway I would like to point out to you that the Jones' Report was written by the Director of Planning of Suffolk County, and I~e is pregumablY a man who is able to articulate his own thought reasonably well withoUt the. need for a further consultancy to explicate his thinking; and I ~ould like to point out further that Mr. Jones, h~self, offered to summarlze his thinking in a pamphlet for distribUtion to the citizens of the Town, and that offer, as far as I know was not taken up, and I would llke to further say that at the time that offer was, made why the Democratic. Committee had offered to pay for the printing of this pamphlet, so the People could see. So, here's a way if you choose to use it that can really save the Water Authority a good deal of money, and we could the benefit of Mr. Jones' own thinking on the subject pg 9 - 9/1~/99 on what he wrote so eloquently. The town thus far, I don't believe, has done what you would call an incredibly good job of promulgating the Jones Report. Some of them remain, I believe, locked up in the Planning Office, and there may be a few out. I happen to have one, and I am feeling a little like the Parisian bookseller in the 20's, because I have an unexpurgated version of the Jones Report, and I am here to tell you that I wou.ld be happy to share it with anybody who would like to see it. SUPERVISOR COCHRAN: Thank you, Mr. Williams. May I have motion to recess for the public hearing? Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that this Town Board meeting .be and hereby is 8:00 P.M. Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Murphy, Councilwoman Meeting reconvened at 8:30 P.M. adjourned at Councilman Hussie, SUPERVISOR COCHRAN: We have three resolutions in relation to the hearings we have just had. The first on is Vehicles and Traffic, the emergency removal of vehicles, number 17'. 17.-Moved by Councilman Moore, seconded by Councilman Romanelll, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day of August, 1999, a Local LaW entitled "A Local Law in Relation to Storage and Charges Associated with Vehicle Removal", and WHEREAS, a public hearing was held on this Local Law on the l~th day of September, 1999, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the follOwing Local Law: LOCAL LAW NO. 8 - 1999 A Local Law in Relation to Storage and Charges Associated with Vehicle Removal BE IT ENACTED by the Town Board of the Town of Southoid as follows: I. Chapter 92 entitled "Vehicles and Traffic", Article V, Emergency Removal of Vehicles, § 92-51 is hereby amended as follows: After removal of any vehicle as provided in this Article or the removal, seizure, storage and/or impoundment of any vehicle pursuant to any other provision of law, the police officer may store or cause such vehicle to be stored in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon payment to. the Southold Town Police Department of the amount of all expenses actually and necessarily incurred in effecting such removal .... .The axpenses, ~ar~es and costs associated with such removal are set by resolution of the Town Board of the To~ of Southold. Su~ resolution shall be posted at the Police Department and the Town Clerk's Bulletin Board. II. Severability. If any section Qr, subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court .of corn petent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole' or any.' part thereof other than the part or provision so adjudged to be invalid or unconstitutional. pg 10 - 9/14/99 III. This Local Law shall take effect Secretary of State. * Underline represents additions Strikethrough represents deletions immediately upon filing with the 1.7. -Vote of the Town Boa rd: Ayes: Romanelli, Councilman Moore, Justice - Supervisor Cochran. This resolution was duly ADOPTED. Councilman Evans, Murphy, Councilman Councilwoman Hussie, 18.-Moved by Justice Evans, seconded by Councilman Moore, WHEREAS. there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day of August, 1999, a Local Law, entitled "A Local Law in Relation to the Extension of a Temporary Moratorium to October 20', 1999 on the Issuance of Approvals and/Or Permits for Business Zoned property along the Route /~8 Corridor in the Town of Southold from the Riverhead/Southold Town Line on County Route 118 extending east to the intersection of County Route ![8 and State Route 25", now, therefore, be it WHEREAS, a public hearing was held on this Local Law on the 14th day of September, 1999, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 9 - 1999 A Local Law in Relation to the Extension of a Temporary Moratorium to October 20, 1999 on the Issuance of Approvals and/or Permits for Business Zoned Property Along the Route ~,8 Corridor in the Town of Southold from the Riverhead/Southold Town Line on County Route ~8 extending east to the intersection of County Route ~8 and State Route 25". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. PURPOSE The Town Board of the Town of Southold adopted Local Law No. 15- 1998 establishing a nine (9) month temporary moratorium on the Issuance of Approvals and/or Permits for Business Zoned Property Along The Route 48 Corridor in the Town of Southold. Local Law No. 15-1998 became effective on September 8, 1998 and was Set to expire on June 9, 1999. Prior to Local Law No. 15 - 1998.expiring the Town Board adopted Local Law No. 5-1999 which extended the temporary moratorium fr6m Sune 9, 1999 until September 13, 1999. The moratorium was designed to allow time to review the existing business and industrial zoning and implement land use controls to protect the character of the Route 48 Corridor specifically and the Town of Southold in general~ ARer the enactment of the temporary moratorium the Town Board retained the services of Cramer Consulting Group ("CCG") which specializes in "Complete Land Use Services- Including Planning, Design and Environmental" for consulting services to make recommendations as to any necessary and appropriate changes to the future land use patterns along Route 48, CCG was retained to undertake a detailed investigation of the commercial and industrial zoning along the Route 48 corridor. The goal of the investigations was reestablish a set of'land use recommendations to protect and preserve the integrity of the Route 48 character while maintaining the economic viability of the entire region. Such recommendations are to be based on detailed analysis and documentation. The scope of'services to be provided by CCG include a review of existing plans and studies for relevance to the Route 48 Corridor; conducting a detailed inventory through the use of e0dsting maps, aerial photography and field visits. The inventory will include, but not be limited to, physical setting, existing land use on and/or surrounding the site, potential land uses, habitats, cultural resources, views 'and vistas, zoning, as appropriate; and the preparation of an Implementation Plan that summarizes the previous plan and provides general recommendations for geographic areas along the Route 48 corridor. The implementation plan will include such 'information as existing settings, potential impacts and alternatives. In addition to the implementation plan CCG will provide a series of site specific recommendations developed and based on the implementation plan. These site specific recommendations will include appropriate maps, property owner information, mailings and other relevant infdrmation so that the Town Board-may set public hearings and consider site-specific recommendations. CCG's work includes a review of the Town Code of'the Town of Southold including suggested-rev~.ioqs, necessary to achieve the goals of'the implementation plan including outlines of new~t~% e°d~sTor the Town Board~s consideration.: CCG's job also includes SEQR compliance with respect to both the Implementation Plan and the Site Specifi(~ recommendations. pg 11 - 9/1~/99 CCG submitted the proposed Implementation Plan ("Route 48 Study") to the Town Board on April 20, 1999. The Town Board classified the Route 48 Study as a Type I action pursuant to SEQR and declared itself a "Lead Agency". CCG prepared a Draft Generic Environmental Impact Study (("DGEIS") which was accepted by the Town Board. A SEQR public hearing on the DGEIS was held on May 6, 1999 and the written comment period ended on May 20, 1999. Since June 9, 1999 the comments from the SEQR public hearing as well as the written comments have.been reviewed, a FGEIS was prepared and reviewed and the Town Board adopted.a Notice of Completion ofthe FGEIS. Subsequently a Supplemental FGEIS ("SFGEIS') was prepared, reviewed and the Town Board adopted a Notice of Completion of the SFGEIS. Further, site specific recommendations dated July 1999 were received from CCG and a working meeting involving CCG and members of the community, interested parties and the.press was held on a tour bus. The bus trip traveled the entire Route 48 (~orridor and Tom Cramer of CCG discussed the site specific recommendations and answered questions. Work sessions have been held on proposed zone code changes and zoning map changes. Proposed zoning code changes have been forwarded to counsel for drafdng a working document of such proposed changes. The reasOn an extension.of the Route 48 moratorium is necessary is that while, as set fo~ above, extensive work and planning has already t.aken place, additional time is needed to complete:review of, hold public hearings on and have the Town Board vote on proposed zoning eo~le and zhning map changes. In addition, fimeis needed!to complete all necessary., sEQR processes and meet the requirements °frSferml of propOsed zoning code changes and Zoning map changes to both the County Planni!lg Co~ission and the Town Pla~nin~ Department. Due to the economic and deVelopment preSs~es in the Town of SouthYold', ~nd; SPecifically along the Route 48 Coffid0r the goals ~d purposes of the temporary moi-aofit~TM as set forth, in the Local Law # 15-i998:and referenced in Local Law # 5-1999 will be jeopardized if the temporary moratorium is riot extended. There shall be no further extensions of this temporary moratorium. Section 2. ENACTMENT OF TEMPORARY MORATORIUM From the date this Local Law becomes effective until and through October 20, 1999, after which this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during this period, no agency, board, board officer br employee of the Town of Southold including, .but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning Board, or the Building Inspector(s) issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception, variance, site plan, building perm. it, subdivision, or permit for any of the following property uses listed in the following sections of the Town Code within the following zoning districts which are located in the Route 48 corridor: 100- 6t03) and (C) governing the Resort'Residential District; 100~7103) and (C) governing the Residential Office District; 100-81(A)(2), (3) and 03) and (C) governing the Limited Business District; 100-101(A) through (11) and 03) and (C) governing the General Business District; 100-130(A)(3) through 16 and 03) and (C) governing the Light Industrial Park/Planned Office Park District and 100-141 (A) (3) -(15) and 03) and (C) governing the Light Industrial District. } Section 3. DEFINITION OF "ROUTE 48 CORRIDOW' The "Route 48 Corridor', is hereby defined and identified as follows: from a point beginning at the Riverhead/Southold Town Line on Sound Avenue east along Sound Avenue cOntinUing East along County Route 48 to a point ending at the inter~tion of Route, 48 and Route 25. The "Route 48 Corridor" shall extend one thousand feet (1000') north and one thousand feet (1000') south respectively from the north road edge and the south edge Of Sound Avenue and CoUnty Road 48. pg 12 - 9/14/99 Section 4. EXCLUSIONS This Local Law shall not apply to: 1) any person or entity who has, prior to the effective date of this Local Law, obtained all permits required for construction cfa building on any property located in the Route 48 corridor including later applications to repair or alter, but not enlarge, any such building otherwise prohibited during the period of this temporary moratorium; and 2) parcel,s) of land currently improved with a building or buildings so long as the application is not: a) seeking, in whole or part, a change in the use of the land, premises or buildings; and b) and so long as the application does not require any applications to, or approvals, special exceptions, variances from, the Zoning Board of Appeals of the Town of Southold. Section 5. AUTHORITY TO SUPERSEDE To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267- b, 274-a, 274-b, and 276 this Local Law is intended pursuant to Municipal Home Rule Law Sections 10(1)(ii)(d)(3) and section 22 to supersede any said inconsistent authority. Section 6. VARIANCE TO THIS MORATORIUM Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b(2)(b) by reason of the enactment and continuance of this moratorium may apply to the Zoning Board of Appeals for a variance excepting the person's or entity's premises or a portion thereof from the temporary moratorium and allowing issuance cfa permit all in accordance with the provisions of the Southold Town Code applicable to such use or construction. Section 7. SEVERABILITY ..... If any ClaUse, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the jUdgment shall not impair or invalidate the remainder of this Local Law. 18,-- Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State and shall expire on October 20, 1999 as set forth in Section 2 above. COUNCILWOMAN HUSSIE: This moratorium was supposed to give the Town time to protect Route 48, and I am all for protecting everything that we can, but while we are protecting 48 we are jeopardizing Route 25. I don't agree with this moratorium, and I never did, not that I am against this goal, but it has been done backwards. Planning and Zoning Committee hasn't met to discuss Route 48. The Town Board never discussed Route 48. But nevertheless there is this moratorium on Route 48, but no input from the this Board. Same, again, as we had before. Instead we have someone from out of town giving us recommendations to the tune of $35,000, plus another $4,000 for the lawyer, and the recommendations obviously are not acceptable to either this Board, or to the people we represent. Rezoning property to build a retail store, instead of something else like an office, does nothing to prevent development or to preserve a vista. This game should have been aborted long ago. Our money and our efforts should be directed at the Master Plan, and it's implementation, and I vote no on this extension. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman' Moore, Justice Evans, Supervisor Cochran. No: Councilwoman Hussie. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Number 19, may I have a consensus. If you would like to vote dn the non-commercial scallop season law, or .if you would like it to go back to the Code Committee. I will take a consensus. John? COUNCILMAN ROMANELI'I: I would vote on this Local Law. SUPERVISOR COCHRAN: Alice? pg 13 - 9/14/99 COUNCILWOMAN HUSSIE: Back to the drawing board. SUPERVISOR COCHRAN: Bill? COUNCILMAN MOORE: Back to the drawing board sounds fine. COUNCILMAN MURPHY: Drawing board. SUPERVISOR COCHRAN: It goes to Code Committee. This will be held, and it will go back to the Code Committee, and I would say that the law remains in effect the way it is presently in the Code. I am hopeful when Mr. Moore has a Code Committee, that both sides will be represented, commercial and non-c(~mmercial. We will try to include all sides of the issue. That is the end of our agenda items. Now is the time for public comment. If there is anyone who would like to addres~ the Board in relation to any Town business, please, feel free. Sir? ED FRASER: In view of the comments that came at the end when you were voting I feel displeased that my question wasn't answered about why? It was more or less just put me off. It was a serious question. I really look at something here that you are saying to extend it to October 20th. The answer I get is we just have to do it, because there is going to be a hearing in October. But, why has it come to this? What kind of history has resulted in this? What is the situation that causes us to be discussing this now, when there has o~ly been apparently one extension before. I am very puzzled about this. T.here seems to be a lot of questions involved in this, as far as what is the impact of the changes, what businesses are we denying, what would be the affect of the taxes, what would be the effect on job opportunity? Are we really reducing job opportunity by changing the zoning, and eliminating businesses from considering being in the area? There is a lot of other questions. I would be interested in more of an explanation. I would have been. I had thought that perhaps by asking why that I would get some really serious response. COUNCILMAN MOORE: I am sorry that my response was not perceived as serious. It was not meant to be lighthearted at all. It was really meant to be from a logical standpoint having felt the need for a moratorium, and put in place in the first instance. It was a significant amount of work this consultant put into it. It took quite a bit of time. Took a lot longer than any of us would like to have seen happen, but having put the moratorium in place, having set public hearings to get specific public input on his very specific recommendations. This Board can't act on any of those proposed recommendations without public input and public hearing. That being said, do it in the context of the moratorium, because we felt that it was important enough to put a moratorium in the first place. It didn't seem to me to make a lot of sense, I am just responding, to make a lot of sense necessarily, to have put a moratorium in place, let it expire, and then go ahead, and do your public comment. If the moratorium was justifiable in the first instance, which obviously the Board felt that it was. ED FRASER: But the answer suggests that you people are up to speed on this, and to let the Board do what it has to do. We are the public, and we are out. We don't know anything about it, and that is why I asked for input as to why? You know,,we are outsiders in the whole process. SUPERVISOR COCHRAN: That is why we are moving in the direction of the public hearing, so you can come and have input. ED FRASER: Yes, but it would, maybe, the thing to do would be to ask, what the difference of the two minutes that is allocated here, and what will happen at this next meeting? I don't mean to be sarcastic. Will there be some extension explanation, and repertory material that will be available? COUNCILMAN MOORE: This material presently is available. ED FRASER: Something that is without.. pg 14 - 9/14/99 COUNCILMAN MOORE: The study and the recommendations are part of two significant documents, that were presented by the consultant. They are public documents. They are in the Town Clerk's Office. They are in the local libraries. They spell out what his analysis was, which was a review of ali the prior studies going back to 1985, from the Master Plan, to the USUK, to the Southold 2000, the scenic byways, every study that this town has done over the last fifteen years, which was the public constantly saying, address it, address it, address it, and where those studies always fell short was in giving you specific concrete recommendation of what you should .do to implement the more general concept. He has come out and made ~speciflc recommendations on specific pieces of property. That is a public' document. So, as far as background, and how he justifies those suggestions, that is in there. The next opportunity is for public comment by setting public hearings on those specific zone recommendations from the Code changes that have been proposed, the actual zoning changes on proposed parcels. That is the public process. That is what has been scheduled now for October I~th, 5th, and the 6th. ED FRASER: As far as the details this goes I thought it was extremely interesting the comment you made about how $20,000 study is gone, and then you need another $20,000 to collaborate, and update, and tweak. That was a fantastic comment. That is almost llke headlines in the paper. I don't know if it is true but it sounded very thought provoking. In a sense this doesn't come up very often into the public. There may be several months in between each time it comes up, and in a sense I am asking for an update. What has happened in the last six months? Yes, they spent 'tens of thousands of dollars in the past, and then somebody is coming to some' kind of conclusion as to what they think. But, what is the thinking that has come onboard since then? What kind of give and take has to have been either on your side, or reaction back and forth without a person having to go to these studies, and hire a consultant to help you out. You don't have anything to say about it. SUPERVISOR COCHRAN: Yes, Ruth? Anyone else like to address the Town Board? RUTH OLIVA: Ruth Oliva, Orient. This gets back to my point what the gentleman was saying. It took a long time just for the study to come out. It was late. It was supposed to be out in February. It didn't come out until months afterwards. Then it was just a rehash of ali the recommendations that have been made in the past twenty years. Finally the specific recommendations came out, and we took a bus ride. He didn't have the material available that day for people to really follow along what was happening. Then the Board started to look at it, and they started instead of taking a whole block of things, started to go to individual lots, and what should be done with them. That was the problem what happened back in the 80's, that the Town Board micro-managed all of these little things and really loused it up. I go back to my original statement that you should have had hamlet meetings with the consultant there to explain what the thought was for each one, and then this gentleman will be able to .understand what was going on..Instead of having to go to a library, and read...some of this language is kind of foreign to people, but if you have someone there to explain it to you it is just so much easier. I think the Board has done the public a disservice. Thank you. SUPERVISOR COCHRAN: the Town Board? Thank you, Ruth. Anyone else like to address BARBARA SZCZOTKA: My name is Barbara Szczotka. My husband and I have raised three children on Route 48. We presently still live there. Two of them live on Route 48 also. I used to sit on my front porch, and wonder if I would live to see the open land across the street with homes on it. This plan has come to! be. Agricultural land across the street from me is proposed to residential office. Now, my scenic vista will be gone. My father has owned and operated the business for over sixty-five years on Route 48 as a farmer, a landscaper, and operated a garden center. I don,t understand how you can now come .along with Mr. Cramer's proposals, and tell my father that he l just worked all his llfe for nothing. You are taking away his rights to his land, that. he and my mother worked so hard to preserve for their children. I might add he pays big taxes. The Board pg 15 - 9/14/99 now wants to tell us that this land and business might as well be worthless to us. How can you change zoning from Light Industrial clusters of land some less than an acre not even on Route 48, that can't even be seen from the highway, and make them agricultural conservation. Who can farm those small parcels of land with buildings and houses on them. Does this make s~nse to you? Does it make sense to take existing businesses and change the zoning code to something less, while they have been paying taxes all years on this land? Are you going to lower their taxes? Unfortunately the peopl.e in favor of Mr. Cramer's proposal do not live or operate busrnesses on Route 48, and have no stake in it. Most of us have been here longer than they have, have seen many changes to the farmlands. Newcomers to our community have enhanced our businesses, and we have been here to service them. How about them doing the same for' us? Please, don't try and change the wa,/ we have lived our lives. Thank you. SUPERVISOR COCHRAN .' address the Town Board? Thank you, Barbara. Anyone else like to GERRY GRASECK: My name is Gerry Graseck, resident of Southold. I question the Route 48 situation. In puzzles me, something works, leave it alone. I travel up and down that road constantly. As far as I am concerned it looks as good as it did twenty years ago. I don't understand the reasoning for this. SUPERVISOR COCHRAN Thank you, sir. Anyone else like to address the Town Board? (No response.) If not, I will call for a motion to adjourn. Moved by Councilman Moore, seconded by Councilwoman Hussle, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:44 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