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HomeMy WebLinkAboutTB-10/26/1999REGULAR MEETING A Regular Meeting of the Southold Town Board was held on October 26, 1999, at the South°ld Town Hall, Main Road, SOuthold, NeW York. Supervisor Cochran opened the meeting at 4:30 with the Pledge of Allegiance to the Flag led by Town Clerk Neville. Present: SUPERVISOR COCHRAN: Supervisor Jean W. Cochran Councilman Brian G. Murphy Councilman John M. Romanelli Councilman William D. Moore Justice Louisa P. Evan Councilwoman Ahce Hussie Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski May I have motion to approve the audit of bills of October 26, 1999? Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $260,350.00; General Fund Part Town bills in the amount of $5,858.47; Community Development Fund bills in the amount of $5,116.07; Highway Fund Whole Town bills in the amount of $12,627.69; Highway Fund Part Town bills in the amount of $28,318.88; Capital Projects Account bills in the amount of $591.99; Ag Land Development Rights bills in the amount of $5,855.63; Landfill Cap & Closure bills in the amount of $35,336.12; Open Space Capital Fund bills in the amount of $32,505.27; Computer System Upgrade bills in the amount of $1,036.87; Fishers Island Ferry District bills in the amount of $23,896.33; Refuse & Garbage District bills in the amount of $63,982.89; Southold Wastewater District bills in the amount of $388.81; Fishers Island Sewer District bills in the amount of $640.52; Southold Agency and Trust bills in the amount of $9,401.03; Fishers Island Ferry District Agency & Trust bills in the amount of $437.54. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Approval of minutes of October 12, 1999, To~vn Board meeting. Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the minutes of the October 12, 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: A motion to approve the minutes of October 14, 1999, Special Town Board meeting. Moved by Justice Evans, seconded by Councilman Murphy, it ~vas RESOLVED that the minutes of the Special Town Board meeting of October 14, 1999 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: Approval of the minutes of October 19, 1999, Special Town Board meeting. Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the minutes of the Special Town Board meeting of October 19, 1999 be and hereby are approved. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. 10/26/99 2 This resolution was duly ADOPTED. SUPERVISOR COCHRAN: To set the date of the next regular Town Board meeting for November 9, 1999 at 7:30 P.M. Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the next meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, November 9, 1999 at 7:30 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. SUPERVISOR COCHRAN: As you know fi.om time to time I get the privilege of presenting either proclamations or certificates of appreciation on behalf of the Southold Town Board. We have been working on a brochure that we feel ~s very important to the Town, and it will be put in different places throughout the community, attorneys offices, and so forth encouraging people to donate parcels of land to the town. As you know we have a program that we buy the farmland development tights. We pass bond issues to be able to purchase open space land, but there is no reason why volunteer giving cannot be a part of that. We have just recently had two lovely parcels given to us, one of which we will be recognizing today, the next one will be next week. The other gentleman we just couldn't get together with him. One day Mr. Herb Wells came into my office. He said, Jean, I have got a piece of property that I think I would like to give to the town, so, of course, I turned it over to the Land Preservation Committee, and it is an absolutely beautiful piece of wetlands down at the end of Wells Road in Peconic. It is 300 feet, I believe of frontage on the creek, and it is a lovely, lovely p~ece. So, we would like to say, thank you. This is on behalf of not just the Town Board, Herbert, but the entire community of Southold as well. Certificate of appreciation given to Herbert W. Wells, Jr., for his generous gift of open space to the Town of Southold helping us to preserve our heritage and quality of life, and this is the first one we have been able to give since we ordered the certificate, so this is the first for you, and we feel very honored to have someone in the community like you to give us something like this, so we think it is great. We have some good news. You probably see our Town purchase of development rights, so Dick Ryan, Chairman, will be reporting to us on that. I understand some exciting things have happened. I. REPORTS. SUPERVISOR COCHRAN: At this time yon know the Town Board receives reports from the different departments and committees, and they are placed on file with the Town Clerk. They are public information. We would be very happy to share any of the reports with you, those of which you have an interest. 1. Southold Town Board of Trustees' Monthly Report for September 1999. 2. Southold Town's Program for the Disabled September 1999 Events. 3. Southold Town Animal Shelter Monthly Report for August 1999. 4. Southold Town Animal Shelter Monthly Report for September 1999. 5. Southold Town Justice Evans' Monthly Court Report for September 1999. 6. Partners Administrative Services, Claims Experience, PBA for September 1999. 7. Southold Town Justice Price's Monthly Report for September, 1999. II. PUBLIC NOTICES. SUPERVISOR COCHRAN: Under Public Notice the DEC has a Notice of Complete Application for a dredging in Little Peconic Bay and Cedar Beach in the Town of S°uthold. We also have a Public Notice from the Army Corp of Engineers for authorization to install moorings, construct a pier on Fishers Island Sound, 1. New York State Department of Environmental Conservation Notice of Complete Application of Ted Dowd to dredge approximately 150 cu. Yds. Of sandy material fi.om the entrance to Fairhaven Creek, at Inlet Way, Cedar Beach Creek & Little Peconic Bay, Town of Southold. Written comments by November I9, 1999. 2. Department of the Army, N.Y. District, Corps of Army Engineers request of Rebecca and Vincent Lynch for authorization to install mooting piles and construct a pier in Fishers Island Sound, Long Island Sound, Fishers Island, Town of Southold. Comments by November 5, 1999. 10/26/99 3 11I. COMMUNICATIONS. SUPERVISOR COCHRAN: In relation to Communications we have a letter from Jennifer Hursell, who is the Clerk of the Council in Southwold, England. She was over for a vis~t, and we sent a gift back, which is pretty much the norm when somebody here goes to Southwold we send someth'mg, and when someone comes over they usually send a little something. So, they had a great place, and their comment in their letter was that they would like to move to Southold, so that is the highest compliment I think we can get fi:om someone from Southold. We also received a letter from Assembl)man Theile regarding fund'mg for the North Fork Transportation study. We were notified by the DOT that they were not going to fund the study, as we knew it, so we immediately got the letters in the mail, so forth. I heard back from them that they were reinstating the funding so that they could continue with the Regional Study out here on the East End. As you know they were doing a study up island, and it didn't include us, and that is when the five east end towns through their Transportation Committee put the pressure on, and the funding, and they decided they would do this study, and they pulled it, so we had to fight to get it back, and it is back. I would just like to call your attention to fact that the Town will be hosting a round table meeting in relation to the Southold Town Farm and Farmland Protection Strategy Report, and who has their old agenda, so the date is the November 7th. I thought it was the 17th. November 17 at 7:00 fight here in Town Hall. It should be a very interesting round table to be a part of. 1. Jennifer Hursell, Clerk of the Council in Southwold, England with appreciation for gift. 2. Assemblyman Theile in regard to funding for North Fork Transportation Study. iV. PUBLIC HEARINGS. 1. 5:00 P.M. on a proposed "Local Law on Fire Prevention and Build'rog". 2. 5:05 P.M., on purchase of develo~pment fights on the property of David Page and Barbara Shinn, SCTM #1000-100-04-03. 3. 5:07 P.M., on the purchase of development rights on the property of Lieb Vineyards, SCTM #1000-083-03-002. 4. 5:09 P.M., on the purchase of development fights on the property of George Conway, SCTM #1000~063-01-001.5. 5. 5:11 P.M., on the purchase of development rights on the property of John and Catherine Sidor, SCTM #1000-107-003 & 006. V. RESOLUTIONS. SUPERVISOR COCHRAN: We will act on the resolutions, starting with number one. #I Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the CutchogUe Fire Department to use Depot Lane and New Suffolk Lane for their annual Halloween parade to commence at 6:00 P.M., Sunday, October 31, 1999 at the Cutchogue West Elementary School, provided they file with the Town Clerk a One Million Dollar certificate of Liability Insurance naming the Town of Southold as an additional insured. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #2 Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Technical Coordinator I and establishes the following salary scale: 1/1/99 1/1/00 1/1/01 1/1/02 Entry 30,934.88 31,734.88 32,634.88 33,534.88 1 33,434.88 34,234.88 35,134.88 36,034.88 2 34,434.88 35,234.88 36,134.88 37,034.88 3 35,484.88 36,384.88 37,384.88 38,384.88 4 36,484.88 37,384.88 38,384.88 39,384.88 5 37,884.88 39,084.88 40,484.88 41,884.88 10/26/99 4 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 Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 199 budget as follows: To: A. 1110.2.200~500 A. 1110.4.600.300 From: A.9015.8.000.000 Justice Court, Equipment Office Equipment Fax Machine Justice Court, C.E. Miscellaneous Travel Reimburse-F1 Justice $1,000.00 1,000.00 NYS Police & Fire Retirement Employee Benefits $ 2,000.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #4 Moved by Councilwoman Hussie, seconded by Councilman Romanelli WHEREAS, in its eight year as a notable event, an annual observation celebrated in school districts throughout the Empire State is SCHOOL BOARD RECOGNITION WEEK; and WHEREAS, school board members are an invaluable resource as local decision makers responding to community needs on various local conditions, and WHEREAS, the men and woman elected by the people as members of New York's local Board of Education are the voice of their communities serving the interest of school children and preparing them for the future, and WHEREAS school board members devote many hours of service to cont'mually striving for improvement, quality and progress in education, with an understanding of the need for commitment to growth in New York's public education; and WHEREAS individual school board members merit recognition and commendation for their dedicated service to the people and children of our state; it is fitting to support this annual celebration; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby proclaims OCTOBER 25 to 29, 1999 to be "SCHOOL BOARD RECOGNITION WEEK" in the Town of Southold; and be it further RESOLVED that this proclamation is hereby dedicated to the FISHERS ISLAND SCHOOL BOARD, GREENPORT SCHOOL BOARD, MATTITUCK-CUTCHOGUE SCHOOL BOARD, AND SOUTHOLD SCHOOL BOARD. 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 Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Cochran to sign the Year 2000 Individual Program Apphcation for the Southold Youth Services program for grant funds in the amount of $10,404.00 from the Suffolk County Youth Bureau. 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 Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby declares a 10 ft. by 36 f. office/construction trailer as surplus property and authorizes and directs the Town Clerk to advertise 10/26/99 5 for bids for the purchase and removal of the office/construction trailer from the Southold Highway Department yard, Peconic Lane, Peconic, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #7 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Michael Burke and Joseph Conway, Jr. to attend the 142nd Eastern Armed Robbery Conference on November 4 through November 5, 1999 at the Sheraton Hotel, Smithtown, New York, travel to be by Police Department vehicle, conference fee of $100:00 per individual and additional meals shall be a legal charge to the 1999 Police Training Budget. Vote: of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran: This resolution was duly ADOPTED. #8 Moved by Councilman Romanelli, seconded by Justice Evans, it ~vas RESOLVED that the To'am Board of the Town of Southold hereby modifies the Police Division, Vehicle Impound 1999 budget as follows: To: A.3120.4.400.700 Vehicle Impound $ 1,000.00 From: A.3120.500.250 Debibulator $ 1,000.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #9 Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Island Group Administration, Inc. to pay the medical bills of Bruce Stewart in the amount of $164.00, which bill was submitted by the provider more than 30 days after the service was rendered. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #10 requesting study of Depot lane and County Road 48 by SC Department of Public Work was held. #11 Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby rejects all bids on the constructiOn of a Salt/Sand Storage Facility for the Southold Town Highway Department; and be it FURTHER RESOLVED that the Town Board hereby authorizes the Town Clerk to re-advertise for bids for the construction of a Salt/Sand Storage Facility at the Southold Town Highway Department. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #t2 Moved by Councilman Romanelli, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby rejects all bids for the Upgrade and Construction of a new Southold Town Police Department Communications Center; and be it FURTHER RESOLVED that the Town Board authorizes and directs the Town Clerk to re-advertise for bids for a new Police Department Communications Center. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #13 requesting a study on Youngs Avenue and County Road 48 was HELD. 10/26/99 6 #14 Moved by Justice Evans, seconded by Councilwoman Hussie, WHEREAS, the Board of Commissioners of the Fishers Island Ferry District have declared that emergency repairs are required for the M/V Race Point in order to preserve the structural integrity of the vessel and to examine the vessel for any other plating defects in order to ensure vessel safety in the upcoming wrater season; now, therefore, be it RESOLVED that the Town Board of the To~vn of Southold hereby concurs with the Board of Commissioners that an emergency does exist and grants permission to the Board of Commissioners to effect such repairs on the M/V Race Point at the Thames Shipyard, at a cost not to exceed $24,360.00. 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 Murphy, seconded bv Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Timothy Keating, employed by the Fishers Island Ferry District as a full-time Ferry Captain. 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 Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoint George E. Peabody as a full-time Ferry Captain to the Fishers Island Ferry District, at a salary of $10.75 per hour, effective October 22, 1999, to replace Timothy Keating who resigned. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelh, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #17 hiring a Building Inspector/Fire Marshal was HELD. #18 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Review Act in the matter of the petition of Stephen King for a change of zone from Residential Low Density District (R-40) to General Business(B) District on south side of Main Road (Route 25) Mattituck, New York, SCTM # P/O 1000-122-3-6, consisting of approximately .69 acres. 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 Murphy, WHEREAS, a petition has been received from Stephen King for a change of zone from Residential Low Density District (R-40) to General Business (B) District on certain property located on the south side of Main Road (Route 25), Mattituck, New York; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Plarm'mg for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #20 Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the following items for 200: Milk for Human Resource Center Food for human Resource Center 10/26/99 7 Police Department Uniform Clothing ] Cleaning Uniforms of the Members of the Police Department Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Disposal Area Bulk Ice Control Rock Salt for the Highway Department Removal and Disposal of Household Hazardous Waste from Disposal Area Removal of Scrap Tires from Disposal Area Removal of Scrap Metal from Disposal Are Town Yellow Garbage Bags 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 Councilwoman Hussie, seconded by Justice Evans, it ~vas RESOLVED that the Town Board of the Town of Southold hereby grants the following change of title as recommended by Superintendent of Highways Raymond L. Jacobs: Joseph Corbin from Automobile Equipment Operator to Heavy Duty Equipment Operator retroactive to August 19, 1999. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, coUncilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #22 Moved by 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. 1420.2.200.200 Town Attorney, Equipment Office Equipment Computer Equipment $ 8,000.00 From: A. 1420.1A00.100 Town Attorney, P.S. Full-Time Employees Regular Eamings $ 8,000.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #23 Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste District 1999 budget as follows: To: SR. 8160.4.100.607 Payloader/Truck Tires $1,750.00 From: SR. 8169.4.100.607 EncapsulatorMaintenance $1,750.00 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 Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste District 1999 budget as follows: To: SR.8160.4.100.595 Tub GrinderMaint/Supplies $ 2,500.00 From: SR.8160.4.100.575 Leaf Shredder Maint/Supplies $ 2,500.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 10/26/99 8 #25 Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste District 1999 Budget as follows: To: SR. 8160.4.400.815 Scrap Tire Removal $ 5,000.00 From: SR.8160.4.400.810 C & D Removal $ 5,000.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Council~voman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #26 Moved by Councilman Murphy, seconded by Justice Evans, it ~vas RESOLVED that the Town Board of the Town of Southold hereby adopts the following 2000 Community Development Block Grant budget and authorizes Supervisor Cochran to sign the Project Description Forms for the various programs: Administration $15,000 HOME Program $ 60,000 North Fork Housing Alliance-Housing Counseling $ 8,000 North Fork Housing Alliance-Family Self-Sufficiency Program $13,000 Robert Perry Child Day Care Center $ 8,000 Oysterponds Historical Society - Handicapped Ramp $ 8,000 Kiwanis - Housing Project $ 8,000 Tasker Park Improvements $ 28,000 Total $148,000 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 Justice Evans, seconded by Councilman Murphy, it was WHEREAS, the Town Board of the Town of Southold is considering the development of a recreational park known as the "Peconic Lane Park" located at the parcel identified as SCTM #1000-74-5-6 and consisting of approximately 13 acres; and RESOLVED, by the Town Board of the Town of Southold that this action is classified as an Unlisted action pursuant to SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq.; be it further RESOLVED, by the Town Board of the Town of Southold that there are no other involved agencies; be it further RESOLVED, by the Town Board of the Town of Southold that it declares itself lead agency for this project pursuant to SEQRA Rules and Regulations, 6 NYCRR 617.6 et. seq.; be it further RESOLVED by the Town Board of the Town of Southold that based upon the completed LEAF (Long Environmental Assessment Form) for this project attached hereto, there is no potential significant adverse impact on the environment; be it further RESOLVED, by the Town Board of the Town of Southold that it hereby issues a negative declaration for this project pursuant to SEQRA Rules and Regulations, 6 NYCRR 617.1 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. #28 Moved by Councilman Romanelli, seconded by Councilman Murphy, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED OCTOBER 26, 1999, AUTHORIZING THE ORIGINAL IMPROVEMENT AND EMBELLISHMENT OF A NEW PUBLIC PARK AND RECREATIONAL AREA ON THE LAND CONTAINING 13.85 ACRES, MORE OR LESS, ON THE WEST SDE OF PECONIC LANE, HERETOFORE ACQUIRED AND NOW OWNED BY AND SITUATE IN, SAD TOWN; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $275,000, INCLUDING PRELIMINARY COSTS AND COSTS INCDENTAL TO THE FINANCING THEREOF; 10/26/99 9 APPROPRIATING SAD AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $275,000 SERIAL BONDS OF SAD TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to improve and embellish a new public park and recreational area, including, but not limited to, storage and restroom facilities, a football field, concess ion stand, rollerskate hockey ring, a track to be used for rollerblading, jogging and walking and the equipment, machinery and apparatus necessary or appurtenant thereto, being the initial phase of the original improvement and embellishment of such park and area, the certain piece or parcel of land containing 13.85 acres, more or less, on the west side of Peconic Lane, heretofore acquired and now owned by and situate in, the Town. The estimated maximum cost of said slpecific object or purpose is $275,000, including preliminary costs and costs incidental thereto and the said amount of $275,000 is hereby appropriated therefore. The plan of financing includes the issuance of $275,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $275,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting a of the Consolidated Laws of the State of New York (herein called "Law") , to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose $275,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 19 of the Law, is hereby determined to be fifteen (15) years; however, the maturity of the bonds herein authorized shall not exceed five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board acting in the role of the Lead Agency, after having identified and relevant areas of environmental concern associated with said improvement and embelhshment of said park and recreational area authorized as hereinabove described to in Section t (the "Project"), has issued a negative declaration for purposes of the State Environmental Quality Review Act ("SEQRA"), Article 8 of the New York Environmental Conservation Law, and has determined Project will not have a "significant effect" upon the environment, and has satisfied the requirements imposed by SEQRA. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general ohligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the To~vn Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: 10/26/99 10 (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish this bond resolution, in full, together with a notice attached in substantially the form prescribed by Section 81.00 of the Local Finance Law in THE SUFFOLK TIMES, a newspaper published in Mattituck, New York, having a general circulation in the Town and hereby designated the official newspaper of the Town for such publication. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. No: Council~voman Hussie. This resolution was duly ADOPTED. #29 Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED by the Town Board of the Town of Southold hereby directs Supervisor Jean W. Cochran to execute the necessary agreements and documents ~vith Delta Computer Maintenance Inc., for a 1- year maintenance contract for Town computers, all in accordance with 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. Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that this Town Board meeting be and hereby is recessed at 5:00 P.M. for the purpose of holding public hearings. 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 Justice Evans, seconded by Councilman Romanelli, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 12th day of October, 1999, A Local Law entitled, "A Local Law in Relation to Amending Chapter 45 Fire Prevention and Uniform Building Code of the Code of the Town of Southold; and WHEREAS, A public hearing was held on this Local Law on the 26th 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.16 OF 1999 Title: A Local Law in Relation to Amending Chapter 45 entitled "Fire Prevention and Building Code, Uniform" of the Town Code of the Town of Southold as follows: By adding the underlined 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 permit. [Amended 5-30-1995 by L.L. No. 11-1995) A Building permit required prior to commencement; exceptions. [Amended 12-8- 1998 by L.L. No.28-1998] (1) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or su'ucmre, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code, except that no building permit shall be required for: (a) Necessary repairs which do not materially affect structural features. (b) Alterations to existhag buildings, provided that the alterations: [1] Cost less than $10,000; [21 Do not materially affect structural features; [31 Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; [ 4] Do not involve the installation of electrical systems; and [5] Do not include the installation of solid fuel-burning heating 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 perrmt is required, all work, structures and buildings must comply with the provisions of Chapter 100 of the Southold To~vn Code (Zoning). B. Any building permit 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. 10/26/99 11 C. [Amended 3-3-1998 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 exarmne such plans to ascertain if the proposed building will comply with applicable 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 be 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 numbers, 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. (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 w/th 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 April9, 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. ,.I Exception to the requirements set forth in section 45-8(C): Building Inspectors have the rieht, when an application for a structure is accompanied by plans and specifications bearing the si,~nature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specification comply ~vith the Uniform Code to verify that both the plans and the construction complies ~vith the Uniform Code at the field inspection stage. § 45-9. Issuance or denial ofbnilding permit. · · g In oh,,ll .... ; ......... ~-^ ~ ....... ;c,~,; ....'~ '~ ....... *~ ~'~'~ *h ...... ;*h He shall approve or disapprove the application within a reasonable time, and in all events within ten (10) business days. II. 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. Ill. 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. #31 Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, the Town Board of the Town of Southold is considering the purchase of development rights in agricultural lands pursuant to the provisions of Chapter 25, Agricultural Land Preservation of the Southold Town Code, from Lieb Vineyards, said parcel identified by SCTM/)1000-83-3-2 and consisting of approximately 11.6 acres; and RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq.; be it further RESOLVED, by the Town Board of the Town of Southold that the Town is the only involved agency pursuant to SEQRA Rules and Regulations, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Assessment Form prepared for this project is accepted and attached hereto; be it further RESOLVED by the Town Board of the Town of Southold that this action does not present a significant adverse affect to the environment; be it further RESOLVED that the Town Board of the Town of Southold hereby declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. 10/2 6/9 9 12 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, SUpervisor Cochran. This resolution ~vas duly ADOPTED. #32 Moved by Justice Evans, seconded by Councilman Moore, WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of Lieb Vineyards; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 26th day of October, 1999, pursuant to the provisions of Chapter 25, Agricultural Land Preservation of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the development rights in the agricultural lands set forth in the proposed acquisition between the Town of Southold and Lieb Vineyards, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights in the aforesaid agricultural lands owned by Lieb Vineyards, a said parcel identified by SCTM #1000-83-02-003 consisting of approximately 11.6 acres, which is subject to results of a survey to be provided by property owner, at a cost of $10,000.00 per acre. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelh, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #33 Moved by Councilman Murphy, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold is considering the purchase of development rights in agricultural lands pursuant to the provisions of Chapter 25, Agricultural Land Preservation of the Southold Town Code, fxom Barbara Shirm and David Page, said parcel identified by SCTM #1000- 100-4-3 and consisting of approximately 20.4 acres; and RESOLVED, by the Town Board of the Town of Southold that this action be classified as an unlisted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town is the only involved agency pursuant to SEQRA Rules and Regulations, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Assessment Form prepared for this project is accepted and attached hereto; be it further RESOLVED by the Town Board of the Town of Southold that this action does not present a significant adverse affect to the environment; be it further RESOLVED that the Town Board of the Town of Southold hereby declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. 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 Justice Evans, seconded by Councilman Murphy, WHEREAS, the Town Board of the Town of Southold wishes to purchase the development tights in the agricultural lands of David Page and Barbara Shinn; and WHEREAS, the Town Board held a public heating with respect to said acquisition on the 26th day of October 1999, pursuant to the provisions of Chapter 25, Agricultural Land Preservation of the Southold Town Code; and WHEREAS, the Town Board deems it is in the public interest that the Town of Southold acquire the development rights in the agriculmrai lands set forth in the proposed acquisition between the Town of Southold and David Page and Barbara Shirm, now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights in the aforesaid agricultural lands owned by David Page and Barbara Shinn, said parcel identified by SCTM #1000-100-4-3 and consisting of approximately 20.4 acres, which is subject to results of a survey to be provided by property owner, at a cost of $9,000.00 per acre. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor COchran. This resolution was duly ADOPTED. #35 Moved by Councilman Murphy, seconded by Justice Evans, 10/26/99 13 WHEREAS, the Town Board of the Town of Southold is considering the purchase of development rights in agricultural lands pursuant to the provisions of Chapter 6, Agricultural Land Preservation of the Southold Town Code, from George T. Conway, said parcel identified by SCTM #1000-63-1-1.5 and consisting of approximately 8.5 acres; and RESOLVED by the To~vn Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town is the only involved agency pursuant to SEQRA Rules and Regulations, be it further RESOLVED by the Town Board of the Town of Southold that based upon the completed Short Environmental Assessment Form prepared for the project attached hereto; there is no potential significant impact on the environment; be it further RESOLVED that the Town Board of the Town of Southold that it hereby issues a negative declaration for this action pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. COUNCiLWOMAN HUSSIE: #36 Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, the Town Board of the Town of Southold wishes to purchase the development fights in the agricultural lands of George T. Conway, and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 26th day of October, 1999, pursuant to the provisions of Chapter 6, Agricultural Land Preservation of the Southold Town Code; and WHEREAS, THE Town Board deems it in the public interest that the Town of Southold acquire the development fights in the agricultural lands set forth in the proposed acquisition between the Town of Southold and George T. Conway; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights in the aforesaid agricultural lands owned by George T. Conway, said parcel identified by SCTM # 1000-63-1-1.5 and consisting of approximately 8.5 acres, which is subject to results of a survey to be provided by property owner, at a cost of $12,000.00 per acre. COUNCILWOMAN HUSSIE: Could I implore the Board one more time? I mentioned this last week, or last Board meeting that this piece of property is less than a half of mile from the post office, which is according to the Master Plan the center of the hamlet, and it would be a very good piece to just purchase outright. If~ve buy farmland development fights we can't do anything ~vith it. It is so close to the center of the town, and it is the advise of Master Plan, that we expand the hamlet, if necessary, north and south, in order to avoid sprawl along 25. I would like very much for us not to buy development rights, but buy this outright, could we table this? I suppose I could put a motion on to table. I move to table. SUPERVISOR COCHRAN: I would like to ask a question first. Dick, in the future can we buy the fee fights to this property, if we so desired also, if we bought as a piece of open space? DICK RYAN: For open space purposes, yes. SUPERVISOR COCHRAN; Thank you. COUNCiLWOMAN HUSSIE: But we could never develop it. It would always have to be open, but at least could make a park or something out of it, a passive park. No? COUNCiLMAN ROMANELLI: We don't even know if it is for sale. COUNCILWOMAN HUSSIE: Well, I realize that, but it just seems it is so close to the center of town can see as a place for eider housing, or for even a Town Hall, or something. SUPERVISOR COCHRAN: If I may, I like it being open, because it keeps the hamlet area with a field that you get in Southold of the farm and agriculture, and the open space, so if there is no second on the table, if there is a second then se will proceed. Mr. Conway, do you have any problem with just the development fights? 10/26/99 14 GEORGE CONWAY: I never thought about anything else. COUNCIl,MAN MOORE: Is there adjoining property being considered for acquisition and the development rights, or am I not in the right spot? DICK RYAN: We were in discussion modes with the property owners. COUNCILWOMAN HUSSIE: Then that, also, is not too far from the center of town. Again, I am think twenty, thirty years ahead. I mean when you talk about planning you can't th'mk about tomorrow. You have to think about a little while ahead, and I don't know where the tmmlet can expand. DICK RYAN: You know my role of advisory. I sought the opinions of the Planning Board. They told us they had no objections with the effort to preserve this as agriculture. COUNCILWOMAN HUSSIE: The decision rests right here with us, and I fully understand that. I would like to buy it outright. SUPERVISOR COCHRAN: I have a motion on the floor to table. Do we have a second? No second. The motion dies. Call for the vote on the main motion. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. Abstain: Councilwoman Hussie. This resolution was duly ADOPTED #37 Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, the Town Board of the To~vn of Southold ~s considering the purchase of development rights in agricultural lands pursuant to the provisions of Chapter 25, Agricultural Land Preservation of the Southold Town Code, from Catherine and John Sidor, said parcel identified by SCTM #1000-107- 10-6 consisting of approximately 30 acres; and RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town is the only involved agency pursuant to SEQRA Rules and Regulations, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Assessment Form prepared for this project is accepted and attached hereto, be it further RESOLVED by the Town Board of the Town of Southold that this action does not present a significant adverse affect to the environment, be it further RESOLVED that the Town Board of the Town of Southold hereby declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. #38 Moved by Councilman Murphy, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of John and Catherine Sidor; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 26m day of October, 1999, pursuant to the provisions of Chapter 25, Agricultural Land Preservation of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the developments rights in the agricultural lands set forth in the proposed acquisition between the Town of Southold and John and Catherine Sidor; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights in the aforesaid agricultural lands owned by John and Catherine Sidor, said parcel identified by SCTM #1000-107-10-3 and 1000-107-10-6 and consisting of approximately 30 acres, which is subject to results ora survey to be provided byproperty owner, at a cost of $12,000.00 per acre. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 10/26/99 15 SUPERVISOR COCHRAN: Congratulations on behalf of the Town Board and the many residents of Southold. We thank you for taking part in our program, and I am sure on your behalf it is kind of nice to know that your land will always be in farming. Thank you for joining us. We have one resolution left to let Oysterpond use the roads for their Halloween parade. #39 Moved by Supervisor Cochran, seconded by Councilman Moore, it was RESOLVED that the TOwn Board of the Town of Southold hereby grants permission to the Oysterponds Union Free School District to use Village Lane, Orchard Street, and Tabor Road, Orient for their annual Halloween parade to commence at 1:00 p.m., Friday, October 29, 1999 end'mg at the Oysterponds Elementary School, provided they file with the Town Clerk a One Million Dollar certificate of Liabihty Insurance naming the Town of $outhold 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. SUPERVISOR COCHRAN: At this time, if there is anyone that would like to address the Board in relation to any Town business we would be very happy to accept your comments at this tune. Mr. Williams? JACK WILLIAMS: Jack Williams from East Marion. Last Saturday night, Madam Supervisor, you and I engaged in a debate before the Orient Association. During that meeting several members of the Association indicated that they were somewhat distressed that that the Cross Sound Ferry litigation had not reached a conclusion after five and a half years. You have said that the Town's Special Counsel would be coming up to talk to the Town Board on the following two days. I took that as an attempt on your part to mollify the people who were distressed at the inaction. The Special Counsel has arrived. I see by the agenda, and spoke during Executive Session to the Town Board. What that means is that the members of the Orient Association and others who are concerned about the problem of the Cross Sound Ferry are no wiser than they were before. Since that is the case I can only assume that your comments last Saturday night were designed to be either misleading or possibly something worse. I want to know what Mr. Yakaboski had to say today. SUPERVISOR COCHRAN: Sir, number one, this is not a debate. This is a Town Board meeting, Number two, there is still litigation going on, and Mr. Yakaboski did come and fill in the Town Board. Number three, the people that are involved in Orient have an attorney, who will certainly be report'mg to them. At this time, end of discussion as far as I am concerned, Mr. Williams. Anyone else like to address the Town Board? Mr. Siegmann? ED SIEGMANN: Jean, a few of the comments I am going to make tonight you have heard some of them before, but as I see things marching on I feel that a lot of it is not having any attention paid to it. We have about four different groups of people in Southold Town. One group can pay for anything you can come up with. The next group is in between. They can pay for some of the things, and some things they can't. Then you have the group that finds it hard. They are on small incomes, and they find it very hard to keep up with the constant tax rise. Another thing, we always hear the Board talking about young people. I think more consideration has to be given to the young people, who go to college, and then come here, and can't even get started here due to the fact of what is happening to the taxes. A couple of things I am referring to is the problem. There was $900,000 paid for 26 acres of property out in, I think it is Orient or East Marion. I understand there is only a very few acres on that property that could have been built on. You take that $900,000 that you spent to buy that property, and at the prices that I listen to here tonight you could have bought 90 acres of property for that $900,000. Instead you got 26 acres with just a few of those acres being able to be built on. I think in the future when you consider buying a piece of property outfight, consider the people that are having a tough time keeping up with this purchase of development rights. Most of them agree with it. I agree with it, also, that it should be done, but I think consideration has to be given in reference to the fact that when you spend money get the most of it that you can for development rights, and not purchasing a lot, or 26 acres of property. SUPERViSOR COCHRAN: Ed, may I just clarify up to this point? Okay, we did outlay the $900,000. The County is ready to close on 450,000 of that. We expect at that closing on Friday. The only thing that is holding it up is for the County to cut the check, and they don't always cut that as quickly as we would like, but we will be closing with them, so it will be' down to $450,000. In addition, we have sent 10/26/99 16 an application to the State for paying the other $450,000. We have not heard as yet in relation to that grant. There was supposed to be released like mid-October at anytime from the State program, so at this point it is costing the Town $450,000. Hopefully we will get it down to zero. We are working on that. ED SEIGMANN: My remarks would go to the County, also. They are spending the money to purchase property, and I think rather than them spend $450,000 for 26 acres that has very little building space on it, [ think they should spend our money a little better also. I am saying this due to the fact, you know you got a program in affect now, the STAR Program, and if you look at the salaries of some of those people that are applying for the STAR Program you will understand better what I am talking about. You will notice how Iow some of those incomes are that those people have, and a lot of them have moved out already, and my purpose is not to see any more of them have to move out if they don't have to. I think you also have to take a closer look at the bonding that you are doing. Right now you are paying about $630,000 a year out in interest alone just on the bonding that you are doing, and if you continue to do this bonding every time we go to vote we vote for another million or two million dollars, and if you continue this bonding, you are finally going to get yourself into a problem like the Federal government has. They have us so much in debt now with interest payments that a small town like this I think has to be very careful how much they build their interest payments up to. I think this is another way that money could be saved if some of the bonding wasn't done as fast as it is. SUPERVISOR COCHRAN: If I may interrupt there also. The bonding rating of the Town of Southold is Triple A, which is an excellent rating from Moody's. Six million dollars of the bond, monies that are bond, are referendums that the community voted positive, in a positive way on, for the purpose of development rights and open space. ED SIEGMANN: I understand that, but the proposal comes from you to the public to do this voting. SUPERVISOR COCHRAN: Yes, it does. ED SIEGMANN: And when it comes to you all I am asking you to do is to take a look. I heard someone say before that they are looking for the future for twenty years. If we want to look at the future for twenty years I want to say something else to you. I wasn't going to say this, but since it was said, look to the future for twenty years. You made a comment tonight that said to the people here that this property would never be able to be built on. SUPERVISOR COCHRAN: It will stay in agriculture. ED SIEGMANN: That doesn't happen to factual because twenty years from now if you have a Board sitting up here that goes to the public and recommends for some reason to change that, and to build on some of that land, that you paid out money for the development rights, if the public votes for it you can do it. So, it is not in perpetuity that forever hereafter. This thing is going to be a fact depending on the people that sit up there twenty years from now, and what they propose to the public. Just mention this as fact that it doesn't mean forever it has to stay that way. The same as you are playing around with the zoning with the people back on 58 this can be played around with twenty years from now, and while I am on the subject about the rezoning on 58 there is something that interests me with some of that rezoning. I see business property being rezoned to R-40 and R-80. I understand R-40 is one-acre lots, and R-80 is two-acre lots. If we are concerned in buying property rights, or development rights, why do we convert more land into the possibility of people building on it? And I am also saying along the lines of small business I think we have to depend more on buSiness in this community than we are, because business has to pick up part of the tax base that is paid by the public: All of these things happen when business is not paying taxes for it falls on the property owners, and it becomes a problem for the property owner when there is no business there to Pay for part of these taxes: Some of you are concerned about the actions of some of the businessmen. I tell you if these businessmen had attended the meetings I have attended lately in reference to the reopening of Southampton Lumber it is crime what is going on in reference to the meetings that are taking place on that Southampton Lumber, and I w/Il get into that further. The night that they reset a hearing again thetYh were supposed to vote on it at their last meeting, and they decided instead to postpone it until the 18 of next month, and reopen the ~vhole hearing again. SUPERVISOR COCHRAN: Is that the ZBA? 10/26/99 17 ED SIEGMANN: Yes, that is the ZBA, and the shenanigans that are going on with that stuff somebody ought to take a look at it, and say, hey, is this right to do to people that for a year that got to wait for an answer to find out they want to make an investment and they want to do something? That lumberyard down in Mattituck was open when I moved out here, and that lumberyard was no problem for anybody that lived in that neighborhood. In fact, the people are not opposed to it. I gave the ZBA in one day's time I got 105 names on a petition that they let the lumberyard open. But, what are they doing? They are shopping around any way they can to try to keep that lumberyard Closed. I am just looking at my list. You know When you get to be 80 years old you can't remember all these things. I guess that is about it, but I wish more consideration was given when you do these things, I wish more consideration was given to the fact to find other ways of collecting taxes beSides putting it strictly on the backs of the people who are homeowners. Thank you. SUPERVISOR COCHRAN: Thank you, Ed. Anyone else like to address the Town Board? BERNARD HINSCH: My name is Bernard Hinsch. I live on Route 48. Not too long ago I was reading in the local newspaper where many irate homeowners in Orient were unaware of a subdivision. The subdivision, there were many hearings on it by the Planning Board and many of these people lived right around this are, and not everybody reads the local legal notices. Sometime ago I brought this issue up about having a large sign. One of the homeowners up there happened to see the small sign that was on a stake: Now, I brought this up many, many times. The last time I brought it up, oh, we ran out of money. Now, we are talking, Oh, on the budget last year, we ran out of moneY. People look at the minutes. I think Mr. Romanelli stated that. Now, what is the reason why you can't have some big signs to make people aware? SUPERVISOR COCHRAN: John, would you like to report on that? COUNCILMAN ROMANELLI: Sure, the memo was given by this Town Board down to the Zoning Board and Planning Board that we change the size of the signs to, I believe, it was 12 by 24. I am going by memory: At that time also gave both Boards the choices on where to get prices to get the sign, and it was sent down from this Town Board to the Zoning and Planning Board, and I am going to agree with you there. I have noticed recently, I saw public hearing signs. It was actually down the General Wayne where I saw the old, you know, this size sign up on the tree, and I thought to myself, I guess they are not going to read om' memo and do what they were ask to do. So, you know, this Town Board acted on it, passed it down, that if we followed through, and enforced it with the two Boards, we are probably guilty of that, but we passed that resolution here, and passed it down to them. BERNARD HINSCH: But, Mr. Romanelli, all you are doing is passing the buck. COUNCILMAN ROMANELLI: No, no, we passed it here, and passed it down to them. Don't stand there and tell me we are passing the buck, because we made a resolution on this Town Board, and passed it down to them to do it. Now, don't sit there, and say we are passing the buck. We went along ~vith you, and went this route. BERNARD HINSCH: You control them. We elected you people. We did not elect the Planning Board, the Board of Zoning and Appeals. We elected you people to do what is right for the Town, But, you giving a memo as far as I am concerned it is nonsense. Yes, you tried, but you didn't follow through. We elected you people, and you people should be aware of this. Please, remember you are elected, and you can also go. SUPERVISOR COCHRAN: Bernie, no threats. I will take the responsibility of seeing that this happens, and John and I will work it out together, and it will happen. BERNARD HINSCH: Thank you. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? (No response.) If not, a motion to adjourn? t0/26/99 18 Moved by Councilman Moore, seconded by Supervisor Cochran, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 6:00 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. Elizabeth A. Neville Southold Town Clerk