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HomeMy WebLinkAboutTB-10/12/1999GENERAL MEETING A Regular Meeting of the Southold Town Board was held on October 12, 1999, at the Southold Town Hall, Ma'm Road, Southold, New York. Supervisor Cochran opened the meeting m 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 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 of October 12, 19997 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $140,791.79; General Fund Part Town bills in the amount of $7,829.60; Highway Fund Whole Town bills in the amount of $4,231.76; Highway Fund Part Town bills in the amount of $16,301.57; Capital Projects Account bills in the amount of $14.31; Ag Land Development Rights bills in the amount of $7,300.00; Landfill Cap and Closure bills in the amount of $52,917.20; Computer System Upgrade bills in the amount of $316.78; Employee Health Benefit Plan bills in the amount' of $5,408.00; Fishers Island Ferry District bills in the amount of $23,183.18; Refuse and Garbage District bills in the amount of $12,709.67; Southold Wastewater District bills in the amount of $6,581.64; Fishers Island Ferry District Agency and Trust bills in the amount of $391.82. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: May [ have a motion for the approval of the m'mutes for September 28, 1999, Town Board meeting? Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the minutes of the September 28, 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: May I have a motion setting a Special Meeting, October 14, 1999, at 9:00 A.M.? Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that a Special Meeting of the Southold Town Board, will be held on October 14, 1999, at 9:00 P.M., 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 duly ADOPTED. SUPERVISOR COCHRAN: To set a Special Town Meeting, October 19, 1999 at 9:00 A.M. Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that a Special Meeting of the Southold Town Board, will be held on October 19, 1999, at 9:00 P.M., 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 duly ADOPTED. SUPERVISOR COCHRAN: To set the next regular Town Board meet'rog October 26, 1999, at 4:30 P.M. Moved by Justice Evans, seconded by Councilman Murphy, it was 10/12/99 2 RESOLVED that the next Town Board meeting of the Southold Town Board will be held at 4:30 P.M., Tuesday, October 26, 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 duly ADOPTED. I.REPORTS. SUPERVISOR COCHRAN: As you know each month the Town Board receives Reports fi:om all of the different departments and committees. Those are on file with the Town Clerk's Office. If any of you have any interest in any of them they are public information and please feel free to come in and see our Town Clerk. 1 Island Group Administration, Inc., Claim Lag Reports through August1999. 2. Z.B.A Financial Activity Report for July, August, September 1999. 3. Southold Town Recreation Department Monthly Report for September 1999. 4. Southold Town Clerk Monthly Report for September 1999. 5. Justice Court Monthly Report for September 1999. H. PUBLIC NOTICES SUPERVISOR COCHRAN: Public Notices, we have application to install a timber pier ramp over on Fishers Island. The New York State Department of Transportation to amend an existing 30-mile per hour speed zone, Leslie Road, Cutchogue. 1. Corp of Army Engineers, New York District, notice of application of Jean N. Calhoma to install a timber pier, ramp and float in Chocomount Cove, Long Island Sound, Fishers Island, Town of Southold. Written comments to be received by October 14, 1999. 2. New York State Department of Transportation 3. Southold Town Recreation Department Monthly Report for September 1999. 4. Southold Town Clerk's Monthly Report for September 1999. 5. Southold To~vn Justice Court Monthly Report for September 1999. m. COMMUNICATIONS. SUPERVISOR COCHRAN: We have some communications, a letter from Charlotte Hanson, Oysterponds Historical Society in relation to the Dam Pond Project. A letter to Superintendent Jacobs from Peter Walker Nassau Farms Association a thank you for a sidewalk installation~ A letter from Carol and Joe Peters thanking for time, patience and sensitivity. 1. Charlotte Hanson, Oysterponds Historical thanking Supervisor Cochran for her role in Dam Pond project. 2. Peter Walker, Nassau Farms Association thanking Highway Superintendent Jacobs of sidewalk installation. 3. Carol and Joe Peter tharfldng Supervisor Cochran for her time, patience and sensitivity. iV. PUBLIC HEARING. 1. 7:58 P.M., continue hearing for public input on Local Housing and Community Development needs to be met with Federal Community Development Block Grant funds. 2. 8:00 P.M. on a proposed "Local Law to Amend Chapter 100, Article VIII, entitled 'Limited Business [LB)', of the Zoning Code of the Town of Southold". 3. 8:05 P.M. on a proposed "Local Law to Amend the Uses and Conditions on Uses for the Residential Office (RO) District of the Southold Town Zoning Code". 4. 8:10 P.M., on a proposed "Local Law to Amend Section 100-13 of the Zon'mg Code of the Town of Southold by Adding a Definition for Private Warehousing and Public Warehousing". 5. 8:15 P.M., on a proposed "Local Law to Amend Section 100-243 of the Zoning Code of the Town of Southold by Amending the Definition of Nonconforming Buildings with Nonconforming Uses". 8:20 P.M, on a proposal to Amend Zoning Ordinance and Map, SCTM #1000-62-03-22.1 and #1000-62-03-24.1. 10/12/99 3 8. 8:25 P.M., on a proposed "Local Law in Relation to Adding a Four-Way Stop Sign at King Street and Fourth Street, New Suffolk". 9. 8:26 P.M., on a proposed "Local Law in Relation to Adding a Four-Way Stop Sign at Yennecott Drive, Southold". 10. 8:27 I~.M., on a proposed "Local Law in Relation to adding Handicapped Parking Spaces at Orchard Street, Orient, Town of Southold, New York". 11. 8:30 P.M., on the question of accepting the offer for acquisition of SCTM #1000-116-01- 009. 12. 8:32 P.M., on the question of accepting the offer for acquisition of SCTM #1000-086-02- 012.1. V. RESOLUTIONS SUPERVISOR COCHRAN: As you know the Town Board has a Work Session all day long the day of the official Town Board meeting, and there is many different types of businesses that we talk, discuss and then we formulate resolutions if we are going to take action. The Town Board has a policy that in relation to any of the resolutions if you would like to address the Town Board now is the time in relation to the resolutions before we take the action. Later on, at the end of the agenda work you will have the opportunity to address the Town Board on any given topic relating to Town Board business. As you know, this evening we have many hearings scheduled. I believe there are nine, and so this is going to take a great deal of time, and I hope you will all be patient until the scheduled time of the hearing you are here to address comes about. At this time I will take any input on any of printed resolutior[s. Out in the hall there are seats up front here. There are eight of them up here. Maybe you would hke to come in. Then we have some seats in the Jury Box. You are more than welcome. Would you like to come inside? Mr. Lizewski? JOE LIZEWSKI: On Resolution 19a, Local Law entitled Limited Business of the Zoning Code. I would like to note that we handed to the Town Clerk petitions asking that we have over 20% property owners to file that they (unintelligible) and hope it would take a 5 of 6 votes to pass it. Thank you. SUPERVISOR COCHRAN: Do we know if it is 20%? You have to take them out and count them. Greg, may I see you? (Tape change) JIM DINIZIO: Variances on these things, as far as I can tell we were never consulted. As I looked in the Code Committee minutes just today, I see absolutely no, absolutely none, meetings concerning these laws. COUNCILMAN MOORE: The Town Board as a whole took it upon themselves rather than defer it to committee, the Town Board as a whole. JIM DINIZIO: I would think that people such as Gerry Goeringer and Benny Orlowski would have some expertise in that deal w/th it mostly. I think it is unkind of you not to consult them, therefore I think that you should take them back, and maybe have some discussion. I think that up until two years ago that is the wav it was always done. It seemed to work pretty good. It seems you didn't have the confusion that you have now. That is all I have to say. SUPERVISOR COCHRAN: Thank you for your commems. Anyone else like to address the Town Board in relation to any of the planned resolutions? PAULINE PHARR: I have a question. I don't understand something. Maybe you can clarity it for me. It is sort of what Mr. Samuels said. I don't understand what the kind of for a landowner who has lot that has been made non-conforming size by a previous enlargement of their required amount of acreage for that zone, so that goes under the Limited Business. I see you were going to grant a waiver for mimmum lot size of 40,000 square feet if you can prove that you owned it previously to January 10, 1989, and I don't know what it means. I, for example, do not have 80,000 square feet, which is required, and I don't have 40,000, but ~vhen I bought my lot the requirement was 7,500 and then it went to 20,000, and I have 30,000 so I thought I had plenty, and I don't know if there is any harm coming to me because of that, or in other words, if I wanted to expand I couldn't do it because my lot is too small, or what? Maybe you can explain. SUPERVISOR COCHRAN: Greg, ~vould you explain it, please? TOWN ATTORNEY YAKABOSKI: With respect to lot is 7,500 feet right now? 10/12/99 4 PAULINE PHARR: No. It is 30,000. TOWN ATTORNEY YAKABOSKI: So, it is a non-conforming lot right now? PAULINE PHARR: But when I bought it was well within the conforming lot size. TOWN ATTORNEY YAKABOSKI: Then the Zoning Law changed after that. Correct? What would happen is if you took an application to the Building Department to do something on your lot, the Building Department, one of the things they look at is the Zoning Code, and look at the bulk schedule, and they would say, your lots non-conforming. What you would have to do is you would have to go for the Zoning Board for a variance. PAULINE PHARR: What does that exactly mean? I mean would this variance means they could tell me, or they could say, no, one way or another? .TOWN ATTORNEY YAKABOSKI: Correct. A variance is when the Zoning Code was enacted way back when they recognized the need for some relief, because it can be very harsh against a particular property owners as opposed to other property owners while it benefits the community as a whole, so it was set up for many years now, not just you, but throughout the country is they have administrative relief, Zoning Boards, ZBAs, and you can go before the ZBA and make an application that I would like build such and such building. It is too close. Say the setbacks are supposed to 20 feet. It needs to be 10 feet, and I would like relief from this provision of the Town's Zoning Code, and the Zoning Board has the power to offer that relief. PAULINE PHARR: And then why is this #2 in the Law 1000-827 TOWN ATTORNEY YAKABOSKI: Correct, this is what the Planning Board, may grant a limited waiver from the applicable bulk requirement for a minimum lot size? What this did is it allowed under the LB section you need site plan approval anyway. You would come to the Planning Board. With this particular section it would keep it before one Board rather than on this particular LB for the minimum lot size, than have it go before both the Planning Board and the ZBA. PAULINE PHARR: Only if you had one acre, and you had it before? TOWN ATTORNEY YAKABOSKI: Yours is 20,000, so this would be applicable. PAULINE PHARR: Mine is 30,000. TOWN ATTORNEY YAKABOSKI: There were a lot of numbers thrown around early in the begnnning. Yours is less than an acre, so in this particular division they could not help you. PAULINE PHARR: So, why did you one acre and put this particular date? TOWN ATTORNEY YAKABOSKI: Correct. Bill mentioned also, you still have the right...the section won't help you, but you have a remedy to seek relief. COUNCILMAN ROMANELLI: Your next step if this does not work for you is to go to the ZBA. PAULINE PHARR: Do you lmow why you choose that mount of square footage, and that date? COUNCILMAN ROMANELLI: Some of these numbers came up through just round table discussions with the Board in trying to come up with an average, a reasonable number, to work with, and the Planning Board putting documents of property and lot sizes, and building lot sizes in the LB zone. PAULINE PHARR: I know there are lots out there that have been made non-conforming that are probably aren't an acre. I think is pan of what I don't understand, and of course when you are changing everything it is very frightening, and it is not our fault that we don't understand it. SUPERVISOR COCHRAN: Thank you very much. COUNCILMAN MURPHY: Madam Supervisor, I would like to correct that Jim Dinizio had said before. Yes, we did take profession offices, business offices out of Special Exception, but in paragraph D we gave it as right, so you did not have to go for Special Exception. 10/12/99 5 JIM DINIZIO: I just wanted to lmow how you came to that. COUNCILMAN MURPHY: We moved it. We particularly moved it into as right rather than where you would have to go for Special Exception. We made those usages as a right within the dist15ct, not as an exception. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? JIM DINIZIO: I know that. I.just picked it up, I want to know... SUPERVISOR COCHRAN: Gentlemen, I would rather not have a debate back and forth. JIM DINIZIO: I just wanted it to clear that what I was questiorfing how you did it? I was not questioning the particular use. I saw the use there, and I just want you to know, make it clear, that this wasn't done coming from all the agencies that it should, and that would be affected by this. Simply you are giving the Planning Board the power, but obviously you haven't consulted. COUNCILMAN MOORE: They were sent this through referral and comment pursuant to the whole routine. JIM DINIZIO: There was no give and take on this. I mean, I didn't receive this. COUNCIl,MAN MOORE: The Town Board, as you know, Jim, is a legislative body, and we are now out for public hearing to take public comment. JIM DINIZIO: I agree but shouldn't you have, shouldn't you consult the people who are involved with these things in a manner, you know publishing in the paper a few times, discussing this, anybody come hall, hey, let's sit around and discuss this, anybody that might be concerned with it, instead of having four different hearings in the same night, and having an opportunity if you happen to be in that zone, whether you are limited to two minutes or five minutes, or whatever it is going to be to read this law, try to understand it.. SUPERVISOR COCHRAN: We will take as long as necessary, Jim. JIM DINIZIO: I would ask you again to actually read the laws. SUPERVISOR COCHRAN: Mr. going to have a public hearing. hearing. Lieblien, in relation to one of the resolutions. Remember we are These same comments might be more valuable within the public BILL LI~BLIEN: Will you have a public hearing before each one of these, each Code change?. For ~nstance, 100-2237 SUPERVISOR COCHRAN: Yes. BILL LIEBLIEN: Before you pass on it, will everyone have time? SUPEVISOR COCHRAN: Yes. It might save you getting up twice, Bill. Anyone else like to address the Town Board in relation to any of the resolutions? BERNARD HEINISCH: My name is Bernard Heinisch. I live on County Road 48. Can you please explain Item #18? SUPERVISOR COCHRAN: That is on Fire Prevention. COUNCILMAN ROMANELLI: There is going to a public hearing on a change in the Building Department Building Code on how a Building Permit is processed through the Building Department. BERNARD HEINISCH: In which way? Can you explain? COUNCILMAN ROMANELLI: Sure. The public hearing is on the fact of what we are trying to put into law if an applicant comes in with a license and stamped set of plans by a licensed architect or engineer, that the Building Permit should be turned out of the Building Department within ten days. 10/12/99 6 BERNARD HEINISCH: Does this alleviate the responsibility of the Building Inspectors? COUNCILMAN ROMANELLI: No, it doesn't at all. They still have to do field inspections, and in the end the Town is not responsible if a plan is drawn wrong anyway. The responsibility falls back on the engineer and architect, so in essence let the engineer and architect do their job, and the Building Department is not responsible for that end anyway. BERNARD HEINISCH: Yet the Building Department still has the right to issue or deny a CO on completion. Is that correct? COUNCILWOMAN HUSSIE: This just hurries up the permit process a little. COUNCILMAN ROMANELLI: They still have do inspections along the way through the phase of construction to approve or disapprove areas of correction along the way. BERNARD HEINISCH: Thank you. SUPERVISOR COCHRAN: John Costello? JOHN COSTELLO: My name is John Costello. Would it presumptuous to ask the Board if you could recess for a few minutes so that everybody could exchange agendas out there. I don't know what those people are out there for. They can't hear you. They don't know what is going on, or where you are. SUPERVISOR COCHRAN: Is the PA system on out there? We will try to make the adjustments and keep everyone happy. Can you hear us in the lobby now? Okay. We are setting up some extra chairs, so some of you can si~ down in front here. Ladies and gentlemen, we will just all have to do the best we can. There are still about fifteen, sixteen seats I counted down here that could be used. Okay, since the time has hit on the hearing times we will leave the resolutions for later on, Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that this Town Board meeting be and hereby is recessed at 7:58 P.M. for the purpose of holding public heatings. Vote of the Town Board: Ayes: Councilman Murphy, Councilman P~omanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution duly ADOPTED. Meeting reconvened TOM SAMUELS! Tom Samuels, Cutchogue. There is a great deal of rumor and misinformation. SUPERVISOR COCHRAN: Tom this relates to what resolution? TOM SAMUEL: The resolutions on the Zoning Code changes. I think it would be very prudent idea for the Town Board to consider having informational meetings on these zoning code changes, because they not only effect 48, they effect the entire town. I don't think that is generally recognized. I don't think the impact of them is generally recognized. I think that it would eliminate a lot of the controversy, if you will, if you hold some informational meetings, and explain to the people that are affected on 25 and 48 exactly what the imphcations of these resolutions are, in particular the one that concerns me more than any other is the redefinition of non-conforming use and allowable changes that can be made to existing business properties that have been in business for some time. I know you feel under great pressure to pass these things quickly, but I think it is a mistake at this time to move forward without informational hearings fully explaining to the people affected exactly what Zoning Code changes mean. Thank you. SUPERVISOR COCHRAN: Thank you, Tom. Anyone else like to talk in relation to these resolutions? Mr. Carlin? FRANK CARLIN: Frank Carlin. Number rune, Madam Supervisor, what is the agreement for? It says, agreement, what is that? SUPERVISOR COCHRAN: It is a contract. 1 O/12/9 9 7 FRANK CARLIN: Oh, a comract. Madam Supervisor, you are going to have a long night tonight. I will speak to McDonald's to send down some coffee for a coffee break later. SUPERVISOR COCHRAN: That would be nice, Frank. There are still a few chairs, three chairs up here, and there are five chairs in jury box if anyone interested. You might have a long stand. COUNCILMAN ROMANELLI: They are the most comfortable seats in the house. SUPERVISOR COCHRAN: Anyone else like to address the To~vn Board in relation to any of the proposed resolutions? Jim Dinizio? JIM DINIZIO: On 19a, 20a, 2la, 22a, I noticed, and I have a copy of a proposed law, and I notice that you have crossed out permitted not permitted anymore. I was just wondering what the terms mean? (Unintelligible) How do you decide, professional offices and business should be allowed by Special Exception, R.O.? COUNCILMAN ROMANELLI: We have to decide most that through Work Sessions where the whole Board battered around over a number work sessions, battered around. There was compromised on all side coming up. JIM DINIZIO: What went into the process? What makes professional offices and business, I am not picking on that, I say, what makes that so offensive in that zone? COUNCILMAN MOORE: We got recommendation from the consultants, and a series of Work Sessions with the Board banging these ideas, and have now tm'ned out for public hearing, which is the subject of tonight's meeting. JIM DINIZIO: So, the consultant made the recommendations, and then you guys hashed it over. COUNCILMAN MOORE: That's right. JIM DINIZIO: So, the public is going to have their say right now. COUNCILMAN MOORE: That's right. JIM DINIZIO: We will assume that everybody who wants to comment has read them all. What I would like to see you do is actually read the law. These people would enjoy have that read to them. Again, i don't agree with Mr. Samuels, you shouldn't really be enacting these tonight. Most time, as I have been involved in government, almost thirteen years, anytime we have had a law that has through changes, and the reason for that is the Zoning Board, and the Trustees, Planning Board, all get together, do votes, and you don't hash out some of these things. You know, the Zoning Board in particular, sees these applications all the time, and variances on these things, and as far as I can tell we were never consulted. As I look in Code Committee minutes just today, there is, absolutely, no meetings concerning these laws. COUNCILMAN MOORE: SUPERVISOR COCHRAN: We will now go to resolutions. Resolution #1 establishing a file system. #1 Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 1999 Budget: Capital Project Name: Assessors Filing System Financing Method: Transfer fi:om General Fund Whole Town Budget: Revenues: H.5031.40 Appropriations: H. i355.2.100.100 Assessors Filing System Assessors Capital Outlay Office Equipment Filing System $4,500.00 $4,500.00 10/12/99 8 Vote of the To~vn Board: Ayes: Councilman Murphy, Councilman Romanelli, 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 To~vn Board of the To~vn of Southold hereby grants permission to the Southold P.T.A. to use Oaklawn Avenue, Southold, for their Annual Halloween Parade on Sunday, October 31, 1999, commencing at 2:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #3 Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby changes the status of Georgia Rudder, Provisional Administrative Assistant to the Building Department, to Building Permit Coordinator at her current salary of $36,335.35, effective September 14, 1999. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #4 Moved by Councilwoman Hussie, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Calvin Crenshaw from his position of Part-Time Laborer at the Southold Town Disposal Area. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #5 Moved by Councilman Romanelli, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the To~vn of Southold hereby modifies the General Fund Whole Town 1999 budget as follows: From: A.7180.1.300.100 Beaches, Personal Services $1,800.00 To: A.7020.4.400.650 Vehicle Maintenance/Repairs $1,800.00 Vote of the Town Board: .ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #6 Moved by Councilman Moore, seconded by Councilman Romanelli, 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. 1355.4.100.100 Board of Assessors, Supplies $1,000.00 From: A. 1355.4.500.200 Board of Assessors, Appraisals $1,000.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Council~voman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #7 Moved by Councilman Moore, seconded by Councilman Murphy, 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. 1355.4.500.300 Board of Assessors, Assessor Construction $ 2,025.00 From: 10/12/99 9 A.1355.1,200.100 Board of Assessors, Part-Time Employees $ 2,025.00 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 Moore, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of Eileen Kiski, part-time records management clerk in the Town Clerk's Office, effective October 4, 1999. 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 Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Deputy Supervisor William D. Moore to execute an agreement between the Town of Southold and the Chief of Police Joseph A. Conway, all in accordance with the approval of the Town Attorney. Vote of the Town Board: .Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #10 Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Marta Iwacescko as a Technician under the Fishers Island Safe BTI Mosquito Control Program, for six (6) days at a salary of $20.00 per hour, effective October 9, 1999. 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 Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Albrecht, Viggiano, Zureck & Co. to conduct an audit of the administration of the Town of Southold Employee Health Benefit Plan, at a cost not to exceed $12,000 and payable from the Health Benefit Plan Fund, and be it further RESOLVED that Supervisor Jean W. Cochran be authorized and directed to execute an engagement letter of said audit, said engagement letter subject to the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Capital Project Name: Financing Method: Budget: #12 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 1999 Capital Budget: Adult Day Care Furniture Transfer from General Fund Whole Town Rev6nues H.5031.45 Appropriations: A.6772.2.100.100 Adult Day Care Furniture $ 2,300.00 Programs for Aging Capital Outlay Other Equipment Adult Day Care Furniture $ 2,300.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #13 10/12/99 10 Moved by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use Pike Street, Love Lane, Westphalia Road, and Sound Avenue, Mattituck, New York for their Annual Halloween Parade on Friday, October 29, 1999, commencing at 6:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #14 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1999 budget as To: A. 1620.2.500.400 From: A.9015.8.000.000 follows: Buildings & Grounds, Capital Outlay Other Capital Outlay Town Hall Office Trailer Police & Fire Retirement Employee Benefits $60,000.00 $60,000.00\ RESOLVED that the Town Board of the To~vn of Southold hereby modifies the General Fund Whole Town 1999 budget as follows: To: A.1620.4.400.700 Buildings & Grounds, C.E. Contracted Services Building Rentals $ 5,000.00 From: A.9015.8.000.000 Police & Fire Retirement Employee Benefits $ 5,000.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli,. Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #15 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Capital Budget for the Telephone System Upgrade Capital Project. Funding Method: Transfer from General Fund Budget Increases: Revenues: H.5031.25 Appropriations: H. 1620.2.300.200 Town Hall Telephone $ 2,190.00 Buildings & Grounds, Capital Outlay Contracted Services Town Hall Telephone $ 2,190.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #16 Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase and installation of one tie line, two speaker phones, two digital ten-button phones, and one telephone extension from Eagle Intercommunications, Inc., at a cost not to exceed $2,190; said items relate to the upgrade of the Town hall Lucent System 25 telephone system to a Lucent Legend Release 7 telephone system~ Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #17 1 O/12/9 9 11 Moved by Councilman Moore, 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 a lease agreement for the rental of office space at Feather Hill for a two year term at a monthly cost of $2,129 payable from the General Fund Whole Town budget; said agreement subject to the approval of the Town Attorney and be it further RESOLVED that a commission of $2,129 payable to Celic Reality shall be a legal charge to the 1999 General Fund Whole Town Budget. Vote of the Town Boar& Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution Was duly ADOPTED. #18 Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, there has presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of October, 1999, a Local Law, entitled "A Local Law in Relation to Amending Chapter 45, entitled Fire Prevention and Uniform Building Code of the Town of Southold"; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 P.M., Tuesday, October 26, 1999, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Amending Chapter 45 entitled "Fire Prevention and Uniform Building Code of the Town of Southold" as follows: By add'rog the underhned language to Chapter 45 section 45-8(c) and by deleting certain language from Section 45-9. The proposed changes are set forth below. §45-8 Building permit required; application for permits [Amended 5-30-1995by L.L. No. 11-1995] A. 'Building permit required prior to commencement, exceptions [Amended 12-8-1998 by L.L. No. 281998] (1) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change m the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permits from the Building Inspector for each such building or structure. A building permk shall be required for any work which must conform to the Uniform Code, except that no building permit shall be requked for: (a) Necessary repairs which do not materially affect structural features. (b) Alterations to existing buildings, provided that the alterations: [1] Cost less than $10,000. [2] Do not materially affect structural features; [3] Do not affect fire safety features such as smoke detectors, sprinklers, required fire separation and exits; [4] Do not involve the installation of electrical systems; and [5] Do not include the installation of solid fuel-burning heat'mg appliances and associated chimneys and flues. (c) Small noncommercial structures less than 100 square feet in floor area not intended for use by one or more persons as quarters for living, sleeping, eating or cooking; for example, a small storage building. (2) Whether or not a building permit is required, all work, structures and buildings must comply with the provisions of Chapter 100 of the Southold Town Code (Zoning). A. Any building pernfit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. B. [Amended 3-33-1998 by L.L. No. 2-1998] Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with apphcable building construction, housing and fire codes. (1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (2) The section, block and lot number, if any, as they appear on the latest tax records. (3) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. 10/12/99 12 (4) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. (5) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the .building is designed to accommodate and the necessary computations to establish conformity to the bulk and density regulations. (6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (8) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (9) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. Exception to the requirements set forth in section 45-8(C): Building Inspectors have the right, when an application for a structure is accompanied by plans and specification bearing the signature and original seal of a licensed professional engineer or architect and accompanied bv an affidavit stating that the plans and specification comply with the Uniform Code to verif~ that both the plans and the construction complies with the Uniform Code at the field inspection stage. §45-9. Issuance or denial of building permit. A. The Building Inspect v ..... ~ ov ............................................ He shall approve or disapprove the application within a reasonable time, and in all events within ten (10) business days. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. ~19 Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS, the Town Board of the Town of Southold is proposing a Local Law entitled "A Local Law to Amend the Uses and Conditions on Uses for the Residential Office (RO) District; be it RESOLVED that the Town Board of the Town of Southold declares this to be a Type I action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq., and be it further RESOLVED that the Town Board of the Town of Southold is the only involved agency and therefore is the lead agency for SEQRA purposes pursuant to 6 NYCRR 617.1 et. seq., and be if further RESOLVED that the Town Board of the Town of Southold is the only involved agency and therefore is the lead agency for SEQRA purposes pursuant to 6 NYCRR 617.6(b)(1). Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 19a. WHEREAS, the Town Board of the Town of Southold declared the proposed Local Law entitled "A Local Law to amend the uses and conditions on uses for the Residential Office (RO) DistriCt" a Type I action pursuant to SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq.; and WHEREAS, the Town Board of the Town of Southold declared itself lead agency for this project for SEQRA purposes, 6 NYCRR 617.1 et. seq.; and WHEREAS, a Long Environmental Assessment Form has been completed on this project and is attached hereto; and WHEREAS, based upon the Long Environmental Assessment Form and public comment, the Town Board of the Town of Southold finds there is no potential significant adverse impact on the environment, be it RESOLVED that the Town Board of the Town of Southold hereby issues a negative declaration for this project pursuant to SEQRA Rules and Regulations 617.7 et. seq. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 10/12/99 13 #20 Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, the Town Board of the Town of Southold is proposing a Local Law entitled "A Local Law to Amend Section 100-113 of the Zon'mg Code of the Town of Southold by adding a definition for Private Warehousing and Public Warehousing"; be it RESOLVED the Town Board of the Town of Southold declares this to be a Type I action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq., and be it further RESOLVED that the Town Board of the Town of Southold is the only involved agency and therefore is the lead agency for SEQRA purposes pursuant to 6NYCRR 617.6(b)(1). Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #20a Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold declared the proposed Local Law entitled, "A Local Law to amend Section 100-113 of the Zoning Code of the Town of Southold by adding a Definition for Private Warehousing and Public Warehousing" an Unlisted Type I action pursuant to SEQRA Rules and Regulations, 6 NYCRR 617,1 et. seq.,; WHEREAS, the Town Board of the Town of Southold declared itself lead agency for this project for SEQRA purposes, 6 NYCRR 617.1 et. seq.; and WHEREAS, a Long Environmental Assessment Form has been compjeted on the project and ~s attached hereto; and WHEREAS, based upon the Long Environmental Assessment Form and public comment, the Town Board of the Town of Southold finds there is no potential significant adverse impact on the environment, be it RESOLVED that the Town Board of the Town of Southold hereby issues a negative declaration for this project pursuant to SEQRA Rules and Regulations 617.7 et. seq. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #21 Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, the Town Board of the Town of Southold is proposing a Local Law entitled "A Local Law to Amend Chapter 100, Article VIII, entitled "Limited Business (LB)" of the Zoning Code of the Town of Southold, be it RESOLVED that the Town Board of the Town of Southold declares this to a Type I action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq., and be it further RESOLVED that the Town Board of the Town of Southold is the only involved agency and therefore is the lead agency for SEQRA purposes pursuant to 6 NYCRR 617.6(b)(1). Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Council~voman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #2la Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, the Town Board of the Town of Southold declared the proposed Local Law entitled "A Local Law to Amend Chapter 100, Article VIII, entitled "Limited Business (LB)" of the Zoning Code of the Town of Southold a Type I action pursuant to SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq4 and WHEREAS, the Town Board of the Town of Southold declared itself lead agency for this project for SEQRA purposes, 6 NYCRR 617.1 et. seq.; and WHEREAS; a Long Environmental Assessment Form has been completed on this project and is attached hereto; and WHEREAS, based upon the Long Environmental Assessment Form and public comment, the Town Board of the Town of Southold finds there is no potential significant adverse impact on the environment; be it RESOLVED that the Town Board of the Town of Southold hereby issues a negative declaration for this project pursuant to SEQRA Rules and Regulations 617.7 et. seq. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 10/12/99 14 #22 Moved by Councilman Moore, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold is proposing a Local Law entitled, "A Local Law to Amend Chapter 100-243 of the Zoning Code of the Town of Southold by amending the definition of Nonconforming Buildings with Nonconforming Uses"; be it RESOLVED the Town Board o£the Town of Southold declares this to be a Type I action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq., and be it fuller RESOLVED that the Town Board of:the Town of Southold is the only involved agency and therefore is the lead agency for SEQRA purposes pursuant to 6 NYCRR 617.6(b)(1). Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #22a Moved by Councilman Moore, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold declared the proposed Local Law entitled "A Local Law to Amend Section 100-243 of the Zoning Code of the Town of Southold by amending the Definition of Nonconforming Buildings with Nonconforming Uses" an Unlisted Type I action pursuant to SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq. And WHEREAS, the Town Board of the Town of Southold declared itself lead agency for this project for SEQRA purposes, 6 NYCRR 617.1 et. seq.; and WHEREAS, a Long Environmental Assessment Form has been completed on this project and is attached hereto, and WHEREAS, based upon the Long Environmental Assessment Form and public comment, the Town Board of the Town of Southold finds there is no potential significant adverse impact on the environment; be it RESOLVED that the Town Board of the Town of Southold hereby issues a negative declaration for this project pursuant to SEQRA Rules and Regulations 617.7 et. seq. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Council~voman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #23 Moved by Councilwoman Hussie, seconded by Councilman Murphy, 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. 1440.4.400.100 Engineering, C.E. Contracted Services Engineering Services $9,800.00 From: A.9015.8.000.000 NYS Police/Fire Department Contracted Services Employee Benefits $9,800.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #24 Moved by RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to execute any and all necessary documents to enter into an agreement with H2M Group for H2M Group to evaluate the structural integrity of the Brushes Creek Bridge for a fee of $9,899.00. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #25 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P.M., Tuesday, October 26, 1999, Southold Town Hall, 53095 Ma'm Road, Southold, New York, as the t'Lme and place for a 10/12/99 15 public heating on the question of acquisition of certain parcel of property from Lieb Vineyards, for purchase of development rights in agricultural lands under Chapter 25 of the Town Code. Property located at south side of 13050 Oregon Road, Cutchogue, New York, SCTM #1000-083-03-002, comprising approximately 13.6 acres, at a price of $116,000. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #26 Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:07 P.M., Tuesday, October 26. 1999, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of acquisition of certain parcel of property from David Page and Barbara Shinn, for purchase of development fight in the agricultural lands under Chapter 25 of the Town Code. Property located at south side of 2000 Oregon Road, Cutchogue, New York, SCTM #1000-100-04-003, comprising approximately of 22.4 acres, at a price of $183,000. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #27 Moved by Councilman Romanelli, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:09 P.M., Tuesday, October 26, 1999, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of acquisition of certain parcel of property from George T. Conway for purchase of development rights in agricultural lands under Chapter 25 of the Town Code. Property is located at east side of 2325 Horton's Lane, Southold, Ne~v York, SCTM #1000-063-01-001.5, comprising approximately 8.582 acres, at a price of $102,984, Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #28 Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:11 P.M., Tuesday, October 26, 1999, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of acquisition of certain parcels of property from John & Catherine Sidor for purchase of developmem fights in agricultural lands under Chapter 25 of the Town Code. Property located at north side County Road 48, south side Wickham Avenue, and east side Mary's Road, Mattituck, New York 7655 County Road 48 SCTM #1000-107-10-006 and 4470 Wickham Avenue, SCTM #1000-107-10~003, comprising approximately 30 acres, at a price of $360,000. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #29 Moved by Councilman Romanelli, seconded by Councilman Murphy, WHEREAS, the Town Board wishes to appoint'a Hearing Officer to consider disciplinary charges against an employee; now, therefore, be it RESOLVED that the Town Board hereby appoints Valerie Marvin. Esq. As the Hearing Officer in the disciplinary charges brought against that employee; and be it further RESOLVED that the Town Clerk be directed ro forward a copy of this resolution to Richard Zuckerman, Esq. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #30 Moved by Councilman Murphy, seconded by Councilman Romanelli, WHEREAS on September 28, 1999, the Town Board, after public hearing, passing a resolution authorizing the purchase of the Dam Pond property, consisting of four parcels for $900,000.00. 10/12/99 16 RESOLVED that the resolution of September 28, 1999 authorizing the purchase of the Dam Pond Property hereby be amended by the addition of the following "Resolved Clause". "Be it further resolved thal the above described properties may be purchased in partnership with Suffolk County under Suffolk County's Land Preservation Parmership Program, the total costs of the acquisition to be shared 50%/50% between the Town of Southold and the County of Suffolk, and Supervisor Cochran is hereby authorized to execute any and all necessary documents." Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor Cochran. Abstain: Councilman Moore. This resolution was duly ADOPTED. #31 Moved by Councilwoman Hussie, seconded by Councilman Murphy, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 28th day of September, 1999, "A Local Law in Relation to Adding a Four-Way Stop Sign at King Street and Fourth Street, New Suffolk, New York; and WHEREAS, a public hearing was held on this Local Law on the 12th day of October, 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. 10 1999 A Local Law in Relation to Adding a Four-Way Stop Sign at King Street and Fourth Street, New Suffolk. BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 92 entitled "Vehicles and Traffic", Article III, "Stop and Yield Intersections", §92- 30 "Stop Intersections at Stop Signs" designating the following as stop intersections and erecting stop signs is hereby amended as follows: Stop Si,~s on Direction of At Intersection Location Travel With (Hamlet) King Street East Fourth Street New Suffolk lrdng Street West Fourth Street New Suffolk Fourth Street North King Street New Suffolk Fourth Street South King Street New Suffolk II. III. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent 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. This Local Law shall take effect immediately upon filing with the Secretary of State. *Underline represents additions. Stfikethrough represents deletions. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #32 Moved by Councilwoman Hussie, seconded by Councilman Murphy, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 28th day of September, 1999, "A Local Law in Relation to Adding a Four-Way Stop Sign at Yennecott Drive, Southold, New York by Amending Chapter 92, Section 92-30 of the Code of the Town of Southold; and WHEREAS, a public heating was held on this Local Law on the 12th day of October, 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. 11 OF 1999 A Local Law in Relation to Adding a Four-Way Stop Sign at Yennecott Drive, Southold. BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 92 entitled "Vehicles and Traffic", Article 1II, "Stop and Yield Intersections", ~92- 30 "Stoop Intersections at Stop Signs" designating the following as stop intersections and erecting stop signs is hereby amended as follows: Stop Siam on Direction of At Intersection Location Travel With (Hamlet) Yermecott Dr. East Tuthill Rd. Southold 10/12/99 17 Yermecott Dr. West Tuthill Rd. Southold Tuthill Rd. North Yennecott Dr. Southold Tuthill Rd. South Yennecott Dr. Southold II. Severabilityl If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent 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. III, This Local Law shall take effect immediately upon filing with the Secretary of State. *Underline represent additions. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #33 Moved by Councilwoman Hussie, seconded by Councilman WHEREAS, there was presented to the Town Board of the Town of Southold, on the 28th day of September, 1999, "A Local Law in Relation to Adding Handicapped Parking Spaces at Orchard Street, Orient, New York by Amending Chapter 92, Section 92-48 of the Code of the Town of Southold; and WHEREAS, a public heating was held on this Local Law on the 12th day of October, 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. 12 OF 1999 A Local Law in Relation to Adding Handicapped Parldng Spaces at Orchard Street, Orient, Town of Southold, New York. BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 92 entitled "Vehicles and Traffic", Article IV, "Parking, Standing and Stopping" §92-48 "Handicapped Parking" designating the parking of motor vehicles by individuals with handicapped license plates or permits is hereby amended as follows: Name of Street Side Location Orchard Street East From the northeast comer of Village Lane and Orchard Street easterly along Orchard Street adjacent to the United Methodist Church. 1I. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or hold unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part of provision so adjudged to be invalid or unconstitutional. 1II. This Local Law shall take effect immediately upon filing with the Secretary of State. *Underline represents additions Strikethrough represents deletions. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #34 Moved by Councilman Romanelh, seconded by Councilman Murphy, WHEREAS, H. Wells has offered to gift a parcel of land to the Town of Southold under the Open Space Program for Land Preservation; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the acquisition of the H. Wells property on the 12th day of October, 1999 pursuant to the provisions of the Chapter 59, Open Space Preservation of the Town Code of the Town of Southold, at which time all interested persons were given an oppommity to be heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the H. Wells property; now, therefore, be it RESOLVED that the Town Board of the Town of Southold elects to accept the H. Wells property, located on the easterly side of the terminus of Wells Road, fronting on Richmond Creek, Peconic, New York, SCTM #1000-086-02-012.1, consisting of approximately 1.4 acres, at a total price of the costs associated with transfer of the title of land'to be gifted. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. Th/s resolution was duly ADOPTED. 10/12/99 18 #35 Moved by Councilwoman Hussie, seconded by Councilman Romanelli, WHEREAS, K. Kahler has offered to gift a parcel of land to the Town of Southold under the Open Space Program for Land Preservation; and WHEREAS, the To~vn Board of the Town of Southold held a public heating on the question of the acquisition of the K. Kahler property on the 12th day of October, 1999 pursuant to the provisions of the Chapter 59, Open Space Preservation of the Town Code of the Town of Southold, at which time all interested persons ~vere given an opportunity to be heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the K. Kahler property; now, therefore, be it RESOLVED that the Town Board of the Town of Southold elects to accept the K. Zahler property, located at the north east comer of New Suffolk Avenue and Linden Avenue (Moores Lane), Cutchogue, New York, SCTM #1000-116-01-009, consisting of approximately 5 acres, at a total price - of the costs association with transfer of the title of land to be gifted. 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: Is that it with the resolutions? JUSTICE EVANS: Depends on what you want to do with the Local Law. We have Limited Business, we have Uses, Residential Office. We have Warehousing, and we have NonConforming. Moved by Councilman Romanelh, seconded by Councilwoman Hussie, it was RESOLVED TO TABLE the Four Local Laws Amending Chapter 100 until Thursday, October 14, 2000. JUSTICE EVANS: Can we have some discussion before we vote? SUPERVISOR COCHRAN: If you would like. JUSTICE EVANS: I just hear a whole lot of Limited Business, RO, there were some things in there where people made comments, and the Planning Board actually made comments on the Limited Business, and the RO. SUPERVISOR COCHRAN: Warehousing was okay. JUSTICE EVANS: I would have to go back and look at my notes. One that stuck out of my notes was Residential Office. There were some changes there. I can't remember what they are, but it might have been what the Planning Board said, or it might have been what the audience said. COUNCILMAN MURPHY: On the restaurants? JUSTICE EVANS: Does anyone else have anything to say? Can they say anything right now? COUNCILWOMAN HUSSIE: There were a number of comments at the LB what the potential zone changes might be. I don't have my piece of paper can't find it. COUNCILMAN MOORE: I took notes. What I heard to LB primarily was a disctission for non- conforming use. JUSTICE EVANS: Me, too. COUNCILMAN MOORE: They kept harping on that. SUPERVISOR COCHRAN; Most of the input was conforming uses. JUSTICE EVANS: I lmow what was RO. We had some question as to whether putting in apartment above a store. 10/12/99 19 TOWN ATTORNEY YAKABOSKI~ Can I answer that one? That had nothing to do with any of the changes. The question that he asked today, changes do not affect that question one way or another. The purpose of the discussion, enactment of the Local Law, that is not relevant. COUNC, ILWOMAN HUSSIE: But, there was something we did have to go and look at. TOWN ATTORNEY YAICABOSKI: Correct. I was simply pointing out that this question didn't have anything to do with the Local Law. COUNCILMAN ML~,PHY: There was something about 40,000 for restaurants, and the Health Department requires 80? COUNCILWOMAN HUSSIE: Three acres for a restaurant. JUSTICE EVANS: Is the true? COUNCILWOMAN HUSSIE: I could call them. It had something to do with the cesspools, and the number of people, and the whole thing. COUNCILMAN MURPHY: So, the Health Department will control the restaurant. SUPERVISOR COCHRAN: Any more discussion? There is a motion on the floor to table.. What are you tabling? Which one are tabling, just LB? COUNCILMAN ROMANELLI: LB, RO, and not noncomforming, we will do more research on it. COUNCILMAN MURPHY: John, can I ask why you want to table LB? COUNCILMAN ROMANELLI: I just want to think about some of the comments made tonight. That's all. 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: All the resolutions have been passed. It is now time for the public to say what they would like to say. CHARLIE RAND: Hi! My name is Charlie Rand, 1$[ Vice Commander Griswold-Terry Post 3, Southold, New York. I have a letter here that I ~vould like to submit to the Board: It is dated October 12, 1999, Southold To~vn Board, Town of Southold, Main Road, Southold, New York. Dear Members of the Southold Town Board. I am really concerned about the hearing tonight on the change of the RO Zoning, because of the conflict of a meeting I am not able to make the hearing I discuss with you tonight. At tonight's meeting, the membership representing the total of 380 members being the largest veteran's organization, we ask that the hearings be left open so that we can voice our concerns. Thank you for being available and your cooperation. Sincerely, Robert W. Hopkins, Post Commander. Thank you very much. I submit these to you. SUPERVISOR COCHRAN: May I have a motion to adjourn? Moved by RESOLVED that this Town Board meeting be adjourned at this time, 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