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HomeMy WebLinkAboutTB-01/04/2000]~LIZABETH A. NEVII,! TOWN cr ,lg, RK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOW~N OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 SOUTHOLD TOWN BOARD JANUARY 4, 2000 WORK SESSION Present: Supervisor Jean W. Cochran, Councilman William D. Moore, Justice Louisa P. Evans, Councilman John M. Romanelli, Councilman Brian G. Murphy, Councilman Craig A. Richter, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski. 9:00 A.M. ~ Appointment (IV. 2.) - John Sepenoski, Data Processing met with the Town Board with regard to hiring a Technician I, Assistant for his department. The civil service list has been exhausted. It is now a matter of hiring provisionally. Mr. Sepenoski thinks perhaps he should contact an employment agency to find the right person for the job. The Town Board agreed and also directed the Town Clerk to advertise for resumes. (See Resolution No. 15). 9:12 A.M. - The Town Board reviewed IV. For Discussion Items as follows: IV. 1. - Brushes Creek Bridge - The Town Board would like test borings of the creek bottom under the bridge done. Town Attorney will check on price. (See Resolution No. 16). IV. 3. - Increase of tipping fees for appliances containing refrigerants. Solid Waste Coordinator James Bunchuck is recommending increasing the fee from $10.00 tO $15.00 for appliances containing refrigerants. Smaller appliances are currently charged by weight at $.03 ½ per lb. It costs the District $12.00 to remove the refrigerants, in accordance with EPA regulations, in addition there is additional record keeping and recording'of serial numbers associated with it also. Increasing the fee to $15.00 for all applicances would ensure that all cost related to removing the refrigerants and handling the appliances are covered. The Town Board placed Resolution .No. 9 on the agenda. IV. 4. Rental Laws for Multiple Dwelling Units. Supervisor Cochran reiterated her support of hiring an additional inspector after a fire at a multiple dwelling on Boisseau Avenue on Christmas Eve. All of the residents of the house did escape on account of a fire alai~. The Town Board would like to see inspections once Or twice a year to provide for the safety of inhabitants of rental units. Currently a building inspector can't enter ahonse for an inspection unless there is believed to be a violation, upon application for a permit or renewal of a permit. These are the only conditions for scheduling an inspection at present. Building Department Head Edward Forrester cited the Riverhead Town Code Chapter 86 governing rental units, Which he feels is a model code. An annual or biannual inspection Would be beneficial to the inhabitants residing there, and the landlords as well as it would probably enable them to get a better price. The conditions of the Boisseau Avenue multiple dwelling were not in ;compliance with the pre-CO conditions. There were people sleeping under the eaves with no egress to a .corridor, and 35 foot extension cords running through the house to a stove. Ail rooms used for sleeping quarters should have an entrance to a corridor with smoke detectors. Eneiosed stairways are now required, but in commercial buildings only. The Board agreed that it will be necessary to hire an additional person and discussed fire marshal, housing inspector, and building inspector duties. Justice Evans stated that she would like to see all of the concerns addressed and was of the opinion that it will probably necessitate hiring an inspector and an addi'tional Clerical person. Coun¢ilman Craig Richter, Building Department Head Edward Forrester, and the Towia AttOrney will meet to discuss proposed legislation On :motion by Justice Louisa Evans, seconded by Councilman Brian Murphy, it was RESOLVED that the Town Board of the Town of Southold enter into Executive Session at 9:40 A.M. for the purpose Of dis,cu~ ssing contracts, specific:ally landfall clOsure with Tom Maher of D~ka & Bartilucci; and engineering inspection se' rvices with Building Department Head Edward Forrester. Vote of the Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, and Supervisor Cochran. Also present Town Clerk Neville and Town Attorney Yakaboski. Executive Session ended at 10:40 A.M. Resolution No. 10 was placed on the agenda. The Town Board discussed the check list of tasks to be completed at the landfill prior to bidding with Tom Maher of Dvirka & Bartilucci. Item No. 1 - Topographical survey has been completed and willbe provided to thc contractors. As part of the bid, there will be a pre-bidders conference. 2. Decision on the location and size of long term yard waste composting facility (borrow pit). 3. Establish legal requirements in contract documents for the specifications (see D & B letter of May 14, 1999. 4. Commit to an estimated quantity of compost which w/Il be made available to contractor to fabricate topsoil. Jim Bunchuck said 15,000 yards is needed and he is taking care of it now. 5. Confirm proposed plans for relocation of termination of eastern perimeter maintenance road and integration of cap with foundation walls of storage bins and retention of the bins. This item has been completed :as far as the plans. 6. Verify design with respect to location of termination of eastern perimeter maintenance ~0ad and integration of cap with foundation walls of storage bins and retention of the bins. This item is done, it was worked out with Mr. BunchucIC 7. Accept Engineer's cost estimate for the construction. Mr. Maher said that it will be ready in a week or so. 8. Devel0p operations, plans for receipt and management of yard waste and construction and demolition debris during the construction period, including resident access to Compost. Jim Bunchuck is working on this and wants to talk to Tony Cormetta about it. Items, to be completed by To~ww prior to~ January' 1, 2000 - Item No. 1. prequalification testing of soil stockpiles. This has keen darted. It is part of the $2,000,000. grant. 2. Consolidate waste on southern boundary of cap limits. Mr.. BtmChuck completed this. 3. Demolish and remove maintenance building and underground storage tank near southwest comer of landfi[1. The tank came from Comell COoperative Extension :Se~ice. Mr. Bunchuck will check it 'Clear, fi!l, ',leveI and g~ade: Cox Lane entrance. Items to be co~ 1, :~00,0 1. acquisition of construction easemem '.to March 1, 2000 Items I throu 1. ,Clear area within contract limits of all equil waste lagoons. 3. Estab compost during construction. ~ to be completed by D & B pr] LIP~ lines and integrating towers inl Fmgineer's cost construction. These two items m ikd stated that the: two major concerns are the easements an ed onMr. Maher left ~e Town Board meeting at 11:00 A.I 11:00 A,M. The Town Board met with Mattituck Chamber c Krup~ki ~orth Fork Bank), George Solomon, Treasurer MC~ Mattituck High School student and program coordinator of Cla stated~ that she invited them in to create a community partn creati6n of a comm~ty park at Pike Street, Mattituck on pt (aCross from the Raik0adh~ Station). Initially grant applications x Downtown Revitali~aiion Program and the NYS Department award some funding, but New York State did not. New appli~ wanted to move ahead towards the creation of the park now. committed to constructing a village green by providing fund-r, A courtyard, new sidewalks, benches, a mural, flower beds a~ impr°Vm~nts being l~lanned. Ms. Solomon advised of their Supervisor Cochran pledged her support of this program a Caufield of the PeConic Land Trust since they have sponsored give them some ideas. It is hoped to receive donations frorr North Fork Bank cOmmitted to providing the maintenance thro~ taxes to the Town of $outhold on the property. Chamber Trea: a "win-win situation for everyone", it will become another attr of South~ld without 'the Town spending money. Supervise support of the project 'and advised that she will have the Town on the lease agreements. 11:35 A.M. The Town Board reviewed the resolutions to be vot On motion by Justice Louisa Evans, seconded by Councilman £ they would like the tank back. 4. ~pleted by Town prior to February s. This is underway. Items to be ~h 4 are all being worked on by Jim ~ment and materials. 2. Complete ~ish location for receipt, storage and .. Establish location for construction or to bidding 1. Obtain plans from ~ the capping system. 2. Establish e being worked on by D & B. The ~ the towers and they are both being /I. Commerce representatives Walter ~', Eric Kruk and Kristen Solomon, ss Action 2000. Supervisor Cochran :rship and share their ideas for the aperty donated by North Fork Bank ~ere applied with the Suffolk County of Transportation. The County did ',ations have been filed, but everyone Mattituck High School seniors have ising, design, landscaping, and labor. a gazebo are amongst some of the plans for a "Buy a Brick Program". ad suggested that she contact Tim such programs in the past and could local landscapers and growers, etc. tgh the savings on the lease in lieu of urer George Solomon described it as active recreational area for the Town r Cochran proclaimed Town Board Attorney work with North Fork Bank ~d upon at the 7:30 P.M. meeting. raig Richter, it was RESOLVED that the Town Board of Town of Southold e~.ter into Executive Session for the purpose of discussing the Brushes Creek Bridge, Fishers Island Ferry District easements, Personnel, Litigation re: Tax Receipts and Food Bid. Vote of the Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, and Supervisor Coehran. Also present: Town Clerk Neville and Town Attorney Yakaboski. Resolutions numbers 11 through 16 were placed on the agenda. Executive and work session ended at 1:10 P.M. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on January 4. 2000, at the Southold Town Hall; Main Road, S0uthold, New York. Supervisor Cochran opened the meeting at 7:30 P.M. with the Pledge of Alte. giance to the Flag. Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman.William D. Moore Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Absent: Councilman John M. Romanelh SUPERVISOR COCHRAN: May I have a motion to approve the minutes of the audit of bills for January 4, 2000? Moved by Councilman Moore, 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 $244m062.60; General Fund Part Town bills in the amount of $15,735.47; Highway Fund Whole Town bills in the mount of $36,289.22; Highway Fund Part Town bills in the amount of $74,677.63; Capital Projects Account bills in the amount of $2,450.00; Landfill Cap and Closure bills in the amount of $14,800.00; Landfill Equipment/Scale House bills in the amount of $9,410.23; Employee Health Benefit Plan bills in the amount of $19,660.18; Fishers Island Ferry District bills in the amount of $5,428.12; Refuse and Garbage District bills in the amount of $28,005.47; Southold Wastewater District bills in the amount of $2,803.72; Fishers Island Ferry District bills in the amount of $290.45. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. SUPERVISOR COCHRAN: A motion to approve the minutes of December 21st, 1999, Town Board meeting. Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the minutes of the December 21, 1999, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. SUPERVISOR COCHRAN: To set the date of the next Town Board meeting for Tuesday, January 18, 2000, at 4:30 P.M. Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 4:30 P.M., Tuesday, January 18, 2000, at Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. I. REPOKTS. SUPERVISOR COCHRAN: As you know the Town Board receives reports each month from the different departments, and from different committees, We do receive minutes of the actions that they are taking in relation to verbal reports. The printed reports are filed with the Town Clerk's Office. They are available to the public. They are public information, and if there is anything that you are particularly interested in we would be very happy to share that information with you. 1/4/00 1. APA Partners Claims Experience for November 1999. 2. N0rth Fork Animal Welfare League Financial Statement through November 1999. 3, Southold Town Building Department 1999 Annual Report. 4. Southold Town Recreation Department for December, 1999 5. Southold TOwn Recreation Department for 1999 Annual Receipts and Disbursements. II. PUBLIC NOTICES SUPERVISOR COCHRAN: As far as public notices, one is to construct a pier, and this is for comments by January 7th for the New York State Corp of Engineers. The New York State DEC, there is a Notice of Complete Application for Pindar to install afa, m imgation well. Written comments by January i4 , 2000. State of New York Transportation DOT, a notice to establish a no mm on red restriction for Factory Avenue and Sigsbee Road on Route 25 in Mattituck. As you probably noticed there is a traffic light up in the Mattituck area now by the shopping mall, and com'mg out of the front of the mall there are no left turns allowed, and this is how they engineered putting up the light, and I have noticed that the signs have been turned around backwards in some cases, and that certainly adds to the unsafe condition that is up there to begin with, so we notified the DOT, and they will have to come down and maintain the signs that they have erected. 1. Corp of Army Engineer, NY District, Notice of request of Frank and Ingeborg Flynn to construct a pier, a hinged walk-ramp, and a float to provide a recreational mooring facility of Shelter Island Sound, Town of Southold. Comments by January 7, 2000. 2. New York State Department of Environmental Conservation, Notice of Complete ApplicatiOn of Pindar Vineyards LLC to install a farm irrigation well 950' north of CR 48, west of Horton Road, Town of Southold. Written comments by January 14, 2000. 3. New York State Department of Transportation Notice of Order to establish a "No Turn on Red' restriction for Factory Avenue and Sigsbee Road at Route 25 in Mattituck. Itt. COMMUNICATIONS. SUPERVISOR COCHRAN: We got a letter written by Jane Minerva to Richard Noncarrow under Communications in relation to the Wally Kaelin garden that is up there in the entrance to the parking Io the post office in Cutchogue. Also, a thank you for the grant to Acampora from Jane Minerva, again the Cutchogue New Suffolk Free Library. A letter to Ray Jacobs from William Peters thanking him for immediately taking care of a problem that was a dangerous situation in the highway, and also, a letter from Ken Prewitt, who is the US Census Bureau Director in relation to the Census 2000. I will be televising my TV show tomorrow. My guests are people from the Census Bureau, so we will be sharing information with the public in relation to the Census, and stressing the importance, and how it relates to funding that we received Federally, and so on and so forth, so it is very important. 1. Jane Minerva's copy of .letter to Richard Noncarrow, Cutchogue-New Suffolk Chamber of Commerce in regard to Wally Kaelin gardea 2. Jane Minerva's copy of letter to Assernblywoman .Acampora from Jane Minerva, Cutchogue-New Suffolk Free Library in regard to grant. 3. William Peters thanking Superintendent of Highways Raymond Jacobs for responsiveness. 4. Kenneth Prewitt, U.S~ Census Bureau Director from Plus Five in regard to encouragement to participate in Census 2000. IV PUBLIC HEARINGS 1. 8:00 P.M. on a petition of Stephen King for a Change of Zone from Residential R-40 · District to General Business (B) District, SCTM #1000-122-3-6. 1/4/00 3 V. RESOLUTIONS SUPERVISOR COCHRAN: At this time we will go through the resolutions, and if there is anyone that would like to address the Town Board in relation to any of the resolutions, we certainly entertain those comments now. At the end of the meeting if you would like to share other ToTM business with the Town Board, we would be very happy to hear from you on that at that time. At this time, in relation to a resolution, Mr. Williams? J-SCK WILLIAMS: Jack Williams from East Marion. Resolution #12, what does that mean? SUPERVISOR COCHRAN: Would you like to explain that, Gregory? It is in relation to litigation. TOWN ATTORNEY yAKABOSKI: Yes. What had happened was, there was a issue over a line on the tax bill between the County and the ten towns. In regard to that there has been a stipulation of settlement already entered into, where the Town was going to add, and all the towns were adding a specific line on the tax bill. That stipulation of settlement was executed, and what this is, stipulation of discontinuance simply ending the matter in the Supreme Court. SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to any of the resolutions? Mr. Blakely? DEAN BLAKELY: Resolution #4, direct the Town Clerk to reject all bids for supplying food for the calendar year 2000? SUPERVISOR COCHRAN: Greg, would you like to explain this also? TOWN ATTORNEY YAKABOSKI: Sure. There was with respect to the lowest bidder and the bid specs, I believe that the bid specs did not properly set forth, what needed to be set forth, therefore to determine the lowest bidder, it couldn't be determined, and based on the bid law, my recommendation was that these be rejected, and the bid specs be clarified, and allowed to go out to rebid. DEAN- BLAKELY: Do you know who the lowest bidder was? JUSTICE EVANS: The problem was we couldn't tell who the lowest bidder was, because one gave a set price, and one gave a price, which seemed lower, but then it would rise depending on market value. DEAN BLAKELY: The reason I asked I represent J. King, one of the bidders, right? We put a bid in the beginning of November on the first one that was advertised, and we were rejected, because we were told there wasn't enough other people putting in bids. Then we put it ~n again the last time, and now we are getting told that the first one, and the second one was wrong, too. We did something wrong? SUPERVISOR COCHRAN: That is why I wanted Greg to explain it, as our Town Attorney. TOWN ATTORNEY YAKABOSKI: It wasn't that the bidders did something wrong. It was the way the bid specs were set up, and the way they were responded to. It was just we were not able to.determine who was the lowest bidder. There was some confusion, and because of that, because the town is obhgated to take the lowest responsible bidder under Bidders Law 103, in fairness to all, in fairness to the Town and the bidder it had to be rejected, because it just didn't work out the way it should have worked out. DEAN BLAKELY: May I ask you a question? Last year you had one supplier, right? Bob's? TOWN ATTORNEY YAKABOSKI: I don't know off the top of my head. I will take your word for it. DEAN BLAKELY: That was what I was just wondering, you had one food supplier, and one milk supplier, and this year you had three companies on the second bid. Who are you going to be using for product between now, and when the bids are opened again? 1/4/00 4 TOWN ATTORNEY YAKABOSKI: I don't want to speak for the Board, but I believe what is going to happen, was discussed at Work Session today, is that we continue with the current supplier until the Town Board is able to have these bids finalized, and we are going to working on...in answer m your second question, how soon things are going to get done, we will be working as quickly as possible to get this all cleared up, and get it all squared away, get the bid packages out again, notices, and obviously noticed to three people who had put the bid packages in, in addition to anyone else. DEAN BLAKELY: It would have been more helpful if we had known this after the first time after we put the bid in. TOWN ATTORNEY YAKABOSKI: I would agree with that. The problem did not come up, or was not apparent at that time. I would agree with you, though. DEAN BLAKELY: Are the copies of the bids that have been put in, are they open to the public? TOWN ATTORNEY YAKABOSKI: Yes, they are. Dt~AN BLAKELY: I can pick up a Copy of them? TOWN ATTORNEY YAKABOSKI: Absolutely. Betty, I believe has them. SUPERVISOR COCHRAN: Mr. Williams? JACK WILLIAMS: On ~4, could we ask who is responsible for the preparation of the specifications? TOWN ATTORNEY YAKABOSKI: What has happened in the past apparently bid specs had gone out as a matter of course, had a certain bid package put together, and they went out again, and the problem was spotted. JACK WILLIAMs: How did they go out? What does that mean? SUPERVISOR COCHRAN: Probably was packaged ten years ago. JUSTICE EVANS: The bid package was probably put together many years ago. It kept going out. TOWN ATTORNEY YAKABOSKI: The department head was responsible for what they need with their budget requirements, and things like that. The package, I believe, was made out, I believe, many years ago, and has gone out, and I believe Betty sends it out when it comes from vi, right? TOWN CLERK NEVILLE: It comes from Vi, yes. It has been the same one for years. JACK WILLIAMS: The reason I ask is that apparently there is kind of a snafu, and it seems to me that it is helpful to establish where the snafu took place, and who is responsible. SUPERVISOR COCHRAN: It is something that was put together a long, long time ago, and we just realized the snafu, so we are trying to untangle that snafu. It is the nature of bidding. Any other questions in relation to resolutions? (No response.) If not, we will start the resolutions. Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received on December 2, 1999 for the Removal of Scrap Tires from the Landfill for the 2000 calendar year; and be it FURTHER RESOLVED that the Town Clerk be authorized and directed to re-advertise for bids for the Removal of Scrap Tires from the Landfill for the 2000 calendar Year. 1/4/00 5 COUNCILMAN MOORE: Before the I vote on this to say, yes, it was explained to us, not another case of a snafu in bid specs on this, if you ask about resolution #1. This is a case where we received only one bid, 'and it was 65% higher than the previous year's bid, so having only one bid we wanted to go back out. JACK WILLIAMS: That is a snafu. COUNCILMAN MOORE: It is a different type of snafu, but nothing to do with the bid specs, so we are going to rebid that. -Vote of the T0wn BOar& Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. 2.. -Moved by Councilman Murphy, seconded by Justice Evans, WItEREAS, Richard Ward, a most esteemed member of the Southold Town Planning Board since his appointment on May 1, 1984, having served as Chairman of the Board during the years of 1993 and 1994, has decided not to seek reappointment to another term of office; now, therefore be it RESOLVED that the .Town Board of the Town of Southold extends their thanks and 'appreciation to, Mr. Ward for his many years of valuable service to the Town of Sbuthold, and further their best wishes to hun in all future endeavors; and be it FIJRT~R RESOLVED that the Town Board of the Town of Southold hereby authorizes and d'trects the Town Clerk to advertise for a Member of the Plalm'mg Board to fill the vacancy created by Richard Ward. 2.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolutSon was ADOPTED. SUPERVISOR COCHRAN: We wish Mr. Ward well. He has served the community in an A #1 way, and he has moved from the Town of Southold, so he is up in the Wading River area, but we will miss him. 3. -Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute any and all necessary documents relating to the Suffolk County Downtown Revitalization grant funds awarded to the Mattituck Chamber of Commerce all in accordance with the approval of the Town Attorney. 3.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. t~._Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby rejects any and all the bids received on December 2, 1999 for supplying food for the 2000 Calendar Year to the Southold Town Human Resource Center; and be it FIJRTltER RESOLVED that the Town Clerk be authorized and directed to re-advertise for bids for supplying food for the 2000 calendar year to the Southold Town Human Resource Center. 4-.--~Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. 5. -Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Arshamomaque Dairy in the amount of $.18 per half pint to supply milk to the Southold Town Nutrition Center for the 2000 calendar year. 5.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. 1/4/00 6 6.- Moved by Councilman Moore~ seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints James C. Hudson to the Board of Ethics for another three (3) year term of office to expire on December 31, 2002. 6 .- Vote' of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. 7.- seconded by Councilman Murphy, it was 3oard of the 'Town of Southold hereby authorizes and directs the Town Clerk to advertise for :both Weekend Assistant Cook and Weekend Kitchen Aide for the Nutrition program of the SoUthold Town Human Resource Center. - 7.- vote .of the Town: Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, IustiCe EVans, Supervisor Cochran. This resolution w~s ADOPTED. 8.- Moved by.~ustice Evans, seconded by Councilman Richter, it was REsOLeD thai the Town Board of the Town of Southold hereby authorizes and directs SuperVisor :jean W. Cochran ~to execute an agreement between the Town of Southold and the Suffolk COUnty Board.o~ Elections for use of the Southold Town Recreation Center as a Polling Place:for 2000 and 2001, all in accordance with the approval of the Town Attorney. 8.- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor C0chran. This tesdtmi0n whs ADOPTED. 9.- Moved by Justice Evans~ seconded by Councilman Richter, it was RESOLED that :the 'Town Board of the Town of Southold hereby sets the fee for all refrigerant-c0nt~g appliances and all white goods charged by the Town Transfer Station shall be $15:00 per item, effectively immediately. JUSTICE EVANS: That is because it costs us more to take the refrigerators' coolants out of the appliances than what the people pay. We have to get the serial numbers, and get the coolants out before they can be carted away. 9.- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy~ Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. 10. - Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, the Town of Southold is legally mandated to "cap" the Town Landfill pursuant to a Consent Order with the Department of Environmental Conservation; be it RESOLVED that the Town Board of the Town of S0uthold hereby authorizes the Supervisor, Jean W. Cochran to execute an agreement to retain an appraiser and a surveyor with respect to determining a description and fair market value for easements on property bordering the Town Landfill needed by the Town for "capping" the Town Landfill. 10.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. 11.- Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Lydia Tortora as a member of the Zoning Board of the Appeals, for a five (5) year term of office, to expire on December 31, 2004. 11 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. 1/4/00 7 12. -Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold authorizes the Town Attorney, Gregory F. Yakaboski, to execute the attached Stipulation of Discontinuance in the matter of Suffolk County v. Allen et al. Index #99-09715. 12;-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. 13. -Movedby Justice Evans, seconded by Councilman Richter, WHEREAS, there ~has been presented m the Town Board of the Town of Southold, Suffolk County, New York, on the.21st day of December, 1999, a Local Law, entitled "A LOcal Law in Relation to Amending Chapter 92 entitled "Vehicles & Traffic" of the Code of the Town of S0utho!d"; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets 5:10 P.M., Tuesday, January 18, 2!)00, 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: Sign on Youngs Avenue. BE IT the Town of Southold as follows: I. Chapter 92 ~ehicles & Traffic) of the Code of the Town of Southold is' h~rebY amended as follows: 1. -Articlel m, Section 92-30 (Stop intersections with Stop Sign~) is hereby am&nded by adding thereto the following: Stop Sign On Direction of At inter- Location Travel section with (hamlet) Youngs Avenue North Old North Rd. Southold 2. Article 1II, Section 92-32 (Yield Intersections) is hereby amended by deleting the following: Yield Sign On Direction of At inter- Location Travel section with (hamlet) ..... o- Avenue No~h ru~ %_T^.~l-h gA qn~,t-hnlrl 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. III. This Local Law shall take effect immediately upon filing with the Secretary of State. 13.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. - Moved by Councilman Mmphy, seconded by Justice Evan.s, it was RESOLVED that the Town Board of the Town of Southold authorizes the Supervisor, Jean W. Cochran, to execute a contract with Sidney B.Bowne & Son, LLP. to provide building inspection services with respect to the Peconic Landing project. The contract subject to the approval of the Town Attorney. -Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. 5. - Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for position of Technician I in the Data Processing Department. 5.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. 1/4/00 8 16. - Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the H2M Group Holzmacher, McLendon & Murretl, P.C. to perform test borings on the creek bottom under the Brushes Creek Bridge and submit report analysis and recommendations, at a cost not to exceed $9,465.00. 16 .- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution w~ ADOPTED. SUPERVISOR COCHRAN: That is the end of our prepared resolutions. We have a hearing, but not until eight' P.M.I. will take this opportunity to invite each and every one of you plus the watching audience to the inauguration, the sweating in of those that were elected this past November. It will take place on the 9th up at the Peconic Center at 4:00 P.M., and you are all invited to attend. We have eight minutes. Maybe I will take some comments from the audience on any Town business, because we cannot start the public hearing until eight o'clock. So, if there is anyone that would like to address the ToWn Board on any town business we would be very happy to entertain it now. Mr. Lizewski? JOE LIZEWSKI: Just a question on number 14. Do we hire someone other than our Building Department to do inspections? It is such a big project, is that why we are doing it, the size and the magnitude of it? It is probably an engineenng firm, yes? SUPERVISOR COCHKAN: Yes, it is, and we had the support of the Union on this One, because it is going to be such a big job. JOE LIZEWSKI: I was just curious, because it is the first time I have ever seen anything like that. SUPERVISOR COCHRAN: They pay it through fees and so forth, Joe. JOE LIZEWSKI: Again;you don't see these kind of things come up in the toWn too often. SUPERVISOR COCHRAN: It is the biggest project, I think, we will have in relation to a BUilding Department involvement. It is a fair question. Mr. Williams? JACK WILLIAMS: I want to call to the Board's attention three items of pre-millennial business. One being the Southold Electric Company, and I bring this to your attention knowing that the Town Attorney has said it would be impossible to use LILCO's wires, but I think that as time goes by, and as we see the states of Connecticut and New Jersey, maybe Massachusetts, enjoy a reduced electric rates, because of deregulation, and because of the availability of other suppliers we will come in increasingly to question whether or not the ToWn Attorney's opinion was based upon a real understanding of the law, or rather the politics of LILCO, LIPA, and the bond holders, so I would suggest to you that issue needs further exploration, and in the absence of Mrs. Hussie, it apparently falls to me to bring it to your attention. The second item is the Jones Report, and I know that you have an engineering study, or reevaluation, spin doctoring, whatever it may be on Jones Report, and I dare say that your response should be that you are waiting for that to be before you do anything further with the Jones Report, but it occurs to me also, that if there were any real urgency expressed by members of the ToWn Board, why that work could have been completed by now, and could be ready for immediate action here now. The third item has to do with the Town Seal, and I remember that the Supervisor perhaps more than a year ago said that during the Year 2000 it might be time for a reconsideration of the Town Seal, which as I understand was constructed on Norman Klipp's kitchen table one night. There are several I know candidates for succession to become a new ToWn Seal, and one of them I played a very small and non-creative role in bringing to the Supervisor, and I would hope that would eventually see the light of day, so that the public could at least have a chance to compare it with what we have now, and because I would hate to think that in anyway political considerations entered into the deep sixing of Mr. Feldman's fine work. SUPERVISOR COCHRAN: As far as the Town Seal, I believe Mr. Williams the last time you brmtght it up, and I will give you pretty much the same answer I gave you then. There was very little interest, except from you, and your friend that did design it. 1/4/00 9 JACK WILLIAMS: You brought it up. SUPERVISOR COCHRAN: I did. I brought it up as a suggestion. I asked for public input. The input was negative, so we did not go any further with it. Now, for the Year 2000 we are putting out a very nice book. If you notice up and down the halls there are many pictures of old Southold, and we will have a book very shortly, that will be for sale that will help us celebrate the Year 2000. The second idea I had presented was the Seal. It didn't go anywhere. Doesn't mean I have to still supPort changing the Seal. JACK WILLIAMS: I may be your only fan. · SUPERVISOR COCHRAN: You are my only fan, Jack. (tape change) Anyone else like to address the Town Board? ZABBY CHAMBERLIN: Zabby Chamberlin. I have a question. I understand you have something established, a Cable Commission could it be? Is that the right name? SUPERVISOR COCHRAN: No, we decided in going through this whole.. ZABBY CHAMBERLIN: What are you doing with the Cablevision franchise? That is the question? SUPERVISOR COCHRAN: We have not renewed our contract in the last couple of years, because we are not happy with the way things are, so.. ZABBY CHAMBERLIN: I understand there is a committee working on that? SUPERVISOR COCHRAN: No, we have hired a firm from Washington to investigate our franchise, you know public access, the whole bit, so they have got all our records right now, and our contracts, passed contracts. They are reviewing them. We hope to hear from them soon. I asked Bill to please work with the Town Attorney on the information when we do get it. So, at this point we are still waiting from this firm that specializes on cable TV contracts, so that we know where we are going, and what we are doing. It is a specialized field. I think it is just about time for a hearing, so ifI may. Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public heating. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. Meeting recoiavened at 8:08 P.M. SUPERVISOR COCHRAN: Is there anyone else that would like to address the Town Board? Yes, ma'am? ZABBY CHAMBERLIN: I am Zabby, and I am the Steering Committee Chairperson for the Public Access Television Association, and I am here to ask you, first applaud you for not signing the franchise agreement with Cablevision, holding off on that. I applaud you for doing that, and we ask, I am going ask if we could be possibly included in the negotiations that you have, so we can give you input, and I would like to read this letter, so that the public can also hear this. This is addressed to Cablevision from Public Access Television Association, and the reason is the preservation of public access television, and representation for the public in the decision making processes. As a result Of recent actions by Cablevision including the closing of the Brookhaven Public Access Studio, and the convenience of public access television producers meetings in several towns. It was decided that an organization ~vas needed to represent citizen interests in the preservation of public access television, Channel 27 here. This is to inform you here of the creation of the above titled organization and it's purposes. One, purpose one, Congress imposed upon cable TV the obligation to provide public access television services as an extension of the first amendment rights for all citizens. We intend to represent those citizen interests, to insure the preservation of those rights here on Long Island and across the nation. In that regard, we are 1/4/00 10 sending copies of this letter to alt relevant agencies and officials requesting that we be incorporated into their mailing lists; so that we will be recipients of all pertinent correspondence, documents, and invitations to meetings related to public access TV. It is our intention to assume the role of third party intervener in any negotiations, such as regarding franchise renewals, and in any legiglative public hearings, that might alter our rights. Cablevision has opened the door to negotiations ~by convening the producers' meetings. It is our desire to haVe regular ongoing meetings with Cablevision to hammer out a set of guidelines based upon the law and regulations by resolving Lose ambiguities and disagreements of interpretations So, asto insure that all the p~rties cle~ly understar~d their rights and observations. This manual including the relevant prowsions of the law, regulations in negotiating agreement, s, should be provided to each Proc~ueer. This ShOuld alleViate confrontations and disagreen~ents, therefore thereafter either patay should be.able tO request a conference to resolve the dispute. Five, our ultimate goal is to participate in the operation and administration of public access television to insure fair and equital}le,:pra¢fices :and prOCedures, which are open and above board, so as to insure that no fa-vohtism Or discriminat}0n takes place behind closed doors. Six, we request that any initiations, negotiations, .that Ca~hlevision take no action whick would diminish our rights, or discourage public acCess televiS[on prdduCtion. For instance, certain training requirements and schedules are b~Ing maposed at the Riverhead studio, which create' very hardships by wrtue of unilateral decisions 'p~eiVed unreasonable, inflexible, non-accommOdating, and discouraging. Seven, further We assert C ~i~mn is. not in total comphance with sub-'title 9 and 1~ of the New York State Regulations a ~0~, nor with the Cable Act of 1992, thereby weare depending on our townships and gov{ tlg representatives, as our agents to police the situation as per New York State Regulation an :Fegeral ,_Mandate. We ask them and our Town Attorneys to use due ~ligence lo ~sess C; ~hle¢$ion s past performance, including it's history in showing a bad faith after sigming ~e ~6hiSe agreement in Brookhaven Township. We are inca landlord-tenant relationship as .per: New'York Public Service Commission. and Regulation, therefore at this ~oment we l~ave a:~ght t0' mOre than PEG channel. That is the Public Education Government hannel. Eight, pertiiient to this ongoing fight for more public education and government space. As described in p~b~e seven we believe that there exists a definite conflict Of interest inherent in sharing of n°n-pf(~fit public access television studio, and PEG, Public EdUcation Government channel and SPace mid. time With Cablevision's profit making division of the same called, local origination ot local ~gin- Local origin or local TV is a ,selling point in t_.~o,d_ay's competiti.v,e market for subscribers. AS such Cablevision should have it s own channel, it s own studio, it s own staff, it's own equipment for their local origin, including leased access. However, now they do it with little or no overhead by utilizing public access television allocated studio staff channels and equipment~ meanwhile adding the franchise affords them a big tax deductions. This, of course; is multiPlied across the nation, and at the public's expenses. This we assert strongly that the provision affording CableVision this luxury tax-free be removed from the franchise agreemen~ being sought. Although New York State Code's rules and regulations allow for this ta~ 10oPh~iei o~ representatives have the foresight to include a bootstrap regulation, which allows each township the fight to seek a waiver of this provision. We urge our townships to do this, as Well as: seek a percentage of all cable services, including cable modem Internet, sending P~9 e~cess programs to other countries right now. We further ask that part of which is these be designatedi ~lely for public access television, and not be shared by Cablevision, local TV or local o~iginafi~n fgx profit, and that the important'part here our public access television is non-profit, anti wre ~hoUld have to provide for space, and time, and studio's snace and equipment, and th{~ and ihat, and compete with CableVision's profit making division~. Nt~nber nine, in the interest of fair competition law we ask that all the townships pull together as did five Villages in G~eat Iqe~k, long Island. Negotiations together they were able to obtain a stellar public access deal ~ti~g that single town nine public education and government channels, and here we have :one. With 'hll of those towns at the eastern end of Long Island we ask that our governing bodies bid ,out the franchise agreement to the highest bidder, who will pay the town on all cable services, thU~S lowering our taxes substantially and that could be by millions of dollars, if we went to the P~ablic Service Commission's conference on negotiating franchises, and they said that Cablevisior~ puts just the video, that you get a percent of the video. However, they recommend that get a pement of all cable services. That would include the cable Internet, and that would make millions more dollars. Then people's taxes then would be much lower, because that would help lower taxes by subsidizing taxes. In other words with the franchise money from the Cablevision peop~le. There are many telecommunication companies out there. By the way, Cablevision is not thel only one in the game now that they have satelhtes, and have recent Federal Legislation that saYs s.a:tellite companies can now broadcast local programming. There are many telecommunication companies out there. The one we happened to contact, Residential 1/4/00 11 Communications Network, is already providing public access television in New York, Bronson, southeastern New York, and they wish to break into Long Island market. We hope Cablevision will also Participate, but without that hardnosed; monopolistic, corporate mentality. The Steering Committee of Public Excess to Television AssociatiOn, and so we also want you to know that Southampton and Riverhead has recognized us, our group, and does want our feedback, and our input, and we ask that you grant that to us as well here in Southold. Thank you very much. SUPERVISOR COCHRAN~: Thank you, Zabby. There is lot here for the Town Board to digest. As I said to you earlier, we have hired a law firm in Washington, who specializes in this kind of thing. We will not be signing any contracts until we have their report, and we would like to hear what ~ any decisions. As Chairman of the East End t together as five East Etld Towns. It didn't work, so we as~. a Board have gone in our direction, because :there is a great deal of information that we don't have, and it takes someone that truly knows to share with Us; so until that time we will not be making any decisions. Everything is status,quo, until we hear from the gentleman in Whshingtcm. Okay?:' BUt, thank you Abby, and we appreciate any information you cai'share with uS. Nice to see you again. Thank you. Mr. Lizewski? JOE LIZEWSKI: On that same note, if it is possible, maybe, as these other towns get their contracts together it should be possible to get a copy of that to your attorneys, and cross- reference, and cross,check. I mean even if you are not working together, see what everybody else is doing. SUPERVISOR COCHRAN: They would give it to us. 'JOE LIZEWSKI: They would give it to you, and I think that you are all working maybe separately, and spending a lot more money than you need to because.. JUSTICE EVANS: I expect they will watch what we are doing. JOE LIZEWSKI: I know that Southampton has done an awful lot already. It certainly won't hurt to collaborate. I also think there was a committee in town that did this, and I still think then you have some input possible for the town, because it is a local matter. COUNCILMAN MOORE: Although, as a practical matter, what we faced was a boiler plate contract 'that was given to all the east end towns. If you don't know the ends and outs of Telecommunication Law the balance of knowledge was way out of sync, so this specialist should take care of it. His point to us was you have to know what you want to ask for, but you should be looking for this, this, and this. ZABBY CHAMBERLIEN: I do have a phone number of some of the competition. Can I give it to you? TOWN ATTORNEY YAKABOSKI: Thank you. Maybe we can meet right after the meeting. SUPERVISOR COCHRAN: Give it to our Town Attorney, and he can pass it on to Washington. Thank you. I would like to just let you know that the heating on the Stephen King change of zone, the hearing will be February 15th at 5:00 P.M. Anyone else like to address the Town Board on any Town business? (No response.) If not, I would like to share with you, we are very pleased with the young people in our community, and one of the involvements they have is with the ROTC. The unit is both in Mattitnck, and in S0uthold, and they are going to be on Saturday, starting at eight in the morning until three in afternoon they are going to be.planting daffodil bulbs along the North Road. We have 4,000 daffodil bulbs'they will be planting. Up at the top of Boisseau there will be 1,300, and it works it's way through Peconic and Cutchogue, and Depot Lane in Mattituck. The funds for this was raised through Town Hall doing a Town Hall Cookbook, and also if you remember last October Mrs. Moore chaired a committee with the Halloween Haunted House, and we made over $700.00 there, and we have been able to buy these bulbs, and we are going to plant them, and we think it will help to further still the beautification that everyone seems to be finally catching on in Southold. We think it is beautiful now, but we can only enhance that, so this is part of the enhancement. Any Town Board members? We are finished with public input. Brian, is there anything you would like to share? 1/4/0 0 12 COUNCILMAN MURPHY: Just that I will be there on Saturday helping plant daffodils. Anybody who wishes to come along is more than welcome. It should be a good time. SUPERVISOR COCHRAN: It is nice working with young people, old people, too. Craig? COUNCILMAN RICHTER: ! guess the thing that I would like to say is I am glad to be on board, looking forward to a challenge, and doing the best I can for the people of Southold. SUPERVISOR COCHRAN: We welcome you on board, and if today is any indication you are going to jump in with both feet, and we appreciate it. Louisa, what's on the island? JUSTICE EVANS: I was just going to add to John Romanelli, if he is watching, I hope he feels better soon. SUPERVISOR COCHRAN: He has the flu along with a lot of other people. Wilham? COUNCILMAN MOORE: I just wanted to take a moment to thank you, Jean. After serving as your Deputy for the last four years, it was a great honor, privilege, and I am happy to turn the reins over to Brian. Less anybody be worried there was no falling out, there was no discord, there was no nothing, so don't sit there, and make up a story, that doesn't exist. Now, if someone looks at it with great shock and surprise, but nothing went on there. It is Brian's opportunity. I am pleased he will take on the responsibility. I am still sitting as Jean's left hand person. Brian can be the right hand person along with everybody else on the Town Board. We work together. There is nothing going on there, nothing nefarious, so don't get ideas. SUPERVISOR COCHRAN: As I said in the Work Session, since'I have been Supervisor I have always tried to be considerate of the people on the Board, and their involvements in the their families, and Bill, his practice is growing, and he has young people of which his daughter is in the audience with us tonight. Hi, Katie! It's kind of nice to let him have a little bit more time than you have had, and Brian's kids are all grown up. It's good to have more than one person share this kind of a responsibility, so I thank you for serving the last four years, and Brian, I welcome you aboard. We are going to work you hard. Anybody have anything else? (No response.) If not, I will entertain a motion to adjourn. Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:21 P.M. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was ADOPTED. Southold Town Clerk