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HomeMy WebLinkAboutTB-03/28/2000GENERAL MEETING MARCH 28, 2000 7:30 P.M. A Regular Meeting or the Southold Town Board was held on March 28, 2000, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 7:30 with the Pledge o£Allegiance to the Flag. Present: Absent: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richer Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Councilman William D. Moore SUPERVISOR COCHRAN: May I have a motion tO approve the audit of the bills for March 28, 2000? Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in the amount of $226,171.56; General Fund Part Town bills in the muount of $4~455.67; Highway Fund Whole Town bills in the amount of $16,444.36; Highway Fund Part Town bills in the amount of $5,321.58; Capital Projects Account bills in the amount of $750.00; Ag Land Development Rights bills in the amount of $375.50; Landfill Cap & Closure bills in the amount of $13,200.00; Open Space Capital Fund bills in the amount of $184,800.00; Computer System Upgrade bills in the amount of $350.00; Fishers Island Ferry District bills in the amount of 5137,494.80; Refuse & Garbage District bills in the amount of $17,494.80; Southold Wastewater District bills in the amount of $1.31; Fishers Island Sewer District bills in the amount of $634.92; Fishers Island Ferry District Agency & Trust bills in the amount of $151.85. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: A motion to approve the minute of March 14, 2000, Town Board meeting. Moved by Justice Evans, seconded by Councilman Mmphy, it was RESOLVED that the minutes of the March 14, 2000, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: To set the regular Town Board meeting, April 11, 2000, 4:30 P.M.? 2 Moved by Supervisor Cochran, seconded by Justice Evans, it was RESOLVED that the next meeting of the Southold town Board will be held at 4:30 P.M., Tuesday, April 11, 2000 at Southold Town Hall, Southold, New York Vote of the Town Board: Ayes: Councilman Richter, Councilman MUrPhy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. I. REPORTS. SUPERVISOR COCHRAN: For those of you who did not pick up an agenda there is some available, I believe, in the front hall on,the table. One of the things the Town Board receives each meeting are reports from the different committees, and the different departments. They are on file with the Town Clerk. They are available to the public. If there is an area that you are interested in having more information, please, feel free to come in, and see Mrs. Neville. 1. Island Group Administration, h~c. Clain~ Lag Report through February 2000. 2. Town of Southold Budget Report for February 2000. 3. Southold Town Justice Price Monthly Court Report for February 2000. 4. Southold Town Justice Bruer Monthly Court Report for February 2000. 5. Southold Town Board of Trustees Monthly Report for February 2000. 6. Disabled Program Events for February 2000. 7. Southold Town Justice Evans' Monthly Court Report for February 2000. 8 Police Department Monthly Report for February 2000. II. PUBLIC NOTICES. SUPERVISOR COCHRAN: Public Notices, we have one for maintenance dredging every ten years down Paradise Point, and we had a letter from LIPA in relation to storm restoration exercises, and schedule of drills. U.S. Army Corps of Engineers, New York District, Notice of application of Paradise Point Association to dredge with ten years maintenance at Southold Bay, Shelter Island Sound, Southold Town. Written comments to be received by April 21, 2000. ]II. COMMUNICATIONS. 1. William Davidson, LIPA, storm restoration exercises and schedule of drills. IV. PUBLIC HEARINGS. 1. On the proposed "Local Law in Relation to Greenhouses, Chapter 100 Zoning of the Town of Southold". 2. On the acquisition of development rights on property of Caracciolo, SCTM #1000-100-04-002. V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy in relation to the resolutions that we act upon. We were working all day, and this is part of our day's ~vork, the resuks of the day's work. We would be more than happy to answer any questions in relation to any of the resolutions, and there will be a period at the end of the meeting, where the public can address the Town Board on any given Town business. So, if anyone has any comments on any of the resolutions that we are about to enact I would be very happy to take your comments now. Anyone like to address the Town Board in relation to any of the resolutions? JACK WILLIAMS: Jack Williams, East Marion. A question only on #18, how much money? 3/28/00 3 SUPERVISOR COCHRAN: Modification for full time personnel. COUNCILMAN ROMANELLI: $20,000. SUPERVISOR COCHRAN: It is being moved from one place to another to allow us to take a part-timer and make her a full-t'Lmer. Are there any other questions for the Town Board? ('No response.) If not, we will act upon the resolutions. Number 17 1. -Moved by Councilman Romanelli, seconded by Justice Evans. it was RESOLVED that the Town of the Town of Southold hereby grants permission to Principal Planner Valerie Scopaz to attend the American Planning Association National Phnning Conference at New York City, New York on April 15-19, 2000, and the necessary expenses for registration, transportation, accommodations, and meals shall be a legal charge to the Planning Board 2000 Budget. .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 2. - Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth A. Neville to attend the New York State Town Clerks Association at Saratoga Springs, New York, on April 30, 2000 through May 3, 2000, and the necessary expenses for registration, transportation, accommodations and meals shall be a legal charge to the Town Clerk's 2000 budget. 2.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 3.- Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for resumes for a provisional building inspector. COUNCILMAN ROMANELLI: I just want to explain for people who don't understand it. Provisional Building Inspector means you didn't take a Civil Service test yet, so if there is anybody out there that is interested, who has any experience in the building trade you could basically apply for this job. You do need to take a Civil Service test next time it is offered, and pass, and do it right away. 3.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund V/hole Town 2000 budget as follows: To: DA.5140.2.200.500 Miscellaneous, Copy Machine $ 5,467.25 From: DA.5140.4.100.125 Miscellaneous, Misc. Supplies $ 5,467.25 4.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 3/28/00 4 5. -Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2000 budget as follows: To: A. 1310.1.100.100 From; A. 1310.1.100.200 A. 1310.1.200A00 A.1910.4.300.100 Accounting & Finance, P.S. Full-time Regular Earnings $14,300.00 Accounting & Finance, P.S. Full-time Overtime Earnings Accounting & Finance, P.S. Part-Time Regular Earnings Insurance, C.E. $ 2,000.00 8,300.00 Commercial Package 4,000.00 5 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 6.-Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Annette Jordan to the position of Account Clerk, in the Southold Town Accounting Office, from the Suffolk County Department of Civil Service Certification of eligibles effective March 30, 2000, at a salary of $28,022.70. 6.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 7.- Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Southold Town Clerk Elizabeth Neville to advertise for bids to purchase a outdoor sports lighting system for the Little League Field at Robert Tasker Park, Peconic, New York, in accordance with the plans and specifications prepared by James A. Richter, R.A. 7.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 8. - Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Suffolk Security Systems, Inc. to install a fire alarm system in Town Hall, at a cost of $9,285.00, all in accordance with the approval of the Town Attorney. 8.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Justice Evans, Supervisor Cochran. Abstain: Councilman Romanelli. This resolution was duly ADOPTED. 9. - Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to execute a contract with Suffolk Security Systems, Inc. for the annual monitoring of the fire alarm system at Town Hall, at a cost of $30.00 per month, all in accordance with the approval of the Town Attorney. 9.- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Justice Evans, Supervisor Cochran. Abstain: Councilman Romanelli. This resolution was duly ADOPTED. 3/28/00 5 10. - Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Total Training, Inc. for the use of town roads for the "Du North" pre-event for the Mighty North Fork Triathlon for the benefit of the North Fork Promotion Council, on Sunday, April 2, 20000 from 7:30 A.M. to 11:30 A.M., beginmng and ending on Cox Lane, Cutchogne, New York. The following town roads will be used: Cox Lane, Deport Lane, Oregon Road, Wickham Avenue, Mill Lane, and Bridge Lane, provided they file with the Town Clerk a one million dollar certificate of insurance naming the Town of Southold as an additional insured. 10.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 11 .- Moved by Councilman Romanelli, seconded by Supervisor Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2000 Capital Budget: Capital Project Name: Paint Striping Machine Financing Method: Transfer from Highway Fund Whole Town Budget: Revenues: H.2650.00 Trade in Allowance $ 3,050.00 H.5031.12 Interfund Transfers 31,500.00 Appropriations: A.5130.2.100.100 Machinery Capital Outlay Other equipment Paint Striping Machine $ 34,550.00 11.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 12.- Moved by Councilman Murphy, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Advanced Equipment, Inc. for supplying the Southold Town Highway Department with one (1) new airless pickup-mounted striper, at a cost of $31,500.00, all in accordance with bid specifications, and the approval of the Town Attorney. 12 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 13. - Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Richard P. Boardman as a member of the Southold Town Landmark Preservation, effective immediately. 13.-Vote Of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This rbsolution was duly ADOPTED. ~ 14.- Moved by Councilman Romanelh, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Southold Town Landmark Preservation Commission. 1~.-Vote Of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This r~solution was duly ADOPTED. 3/28/00 6 i 5.-Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2000 budget as follows: To: A. 1440.2.100.200 Engineenng, Equipment Furniture & Furnishings Desks $ 500.00 From: A. 1990.4.100.100 Contingent, C.E. Unallocated Contingencies $ 500.00 15.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 16. - Moved by Councilman Murphy, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Love Lane and Pike Street, east and west of Love Lane, Mattituck, New York, from 8:00 A.M. to 4:30 P.M., Saturday, July 8, 2000, (Raindate: Sunday, July 9, 2000) to permit the Mattituck Chamber of Commerce to hold their Annual Mattituck Street Fair, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 16 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 17.- Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Cases Lane, Cutchogue, New York from 7:00 A.M. to 10:00 P.M., or for such period that is deemed necessary by the Police, Saturday, August 12, 2000, as a safety precaution during the Twenty-First Annual Douglas Moore Memorial Concert to be held on the Cutchogue-New Suffolk Historical Council's Village Green, New York State Route 25, Cutchogue, New York, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 17.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 18. - Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Southold Town Police 2000 budget as follows: To: A.3120.1.100.100 Full-Time Employee Regular Earnings $ 20,000.00 From: A.3120.1.600.500 Retirement Reserve $ 20,000.00 10.-Vote of the Town'Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 19. - Moved by Councilman Richter, geconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Eileen Conrad to the position of full-time Clerk Typist in the Southold Town Police Department, at a salary of $24,208.42, effective March 30, 2000. 19.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelh, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 3/28/00 7 20.-Moved by Councilman Murphy, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2000 budget as follows: To: Revenues: A.2705.40 Appropriations: Gifts & Donations Other Donations A.7110.2.500.350 Parks, Capital Outlay Beach Improvements $1,850.00 $1,850.00 SUPERVISOR COCHRAN: I would like. to explain what this is. As you may be aware the Fitzpatricks, Mr. FitzpatriCk served on two Town committees, and they both lost their lives in the airplane offNew Engl'and, and his college, Amherst, wanted to do a memorial to Mr. And Mrs. Fitzpatrick. They were aware that he walked the beach every day down South Harbor, and picked up the litter, and just enjoyed being on a beach in Southold, and so they are purchasing, they are soliciting donations from his class, and they are purchasing benches to put along the beach that as people do want to walk they will have a place to sit and rest. The dedication is in the middle of May, so I am sure you will see something about that in the paper, because it is something n/ce that they wanted to do. 20.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 21. -Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS, there has been presented, to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of March 2000, a Local Law, entitled "A Local Law in Relation to Exemption for Disabled Persons with Limited Income" of the Code of the Town of Southold"; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby set 5:00 P.M., Tuesday, April 11, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Amending Chapter 85, Section 9, Article IV, entitled "Exemption for Disabled Persons With Limited Income [Adopted 5-12-98 by Local Law No. 7-1998] of the Code of the Town of Southold. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. ARTICLE IV, Exemption for Disabled Persons With Limited Income [Adopted 5-12- 1998 by L.L. No. 7-1998] § 85-9. Exemption granted. A. Real property owned by a person with disabilities whose income is limited by such disabilities, and used as the legal residence of such person, shall be entitled to a partial exemption from taxation to the extent of 50% of assessed valuation. B. To be eligible for the exemption authorized by such § 459-c and implemented by this article, the maximum income of such person shall not exceed $!°,,,500. $19~500. Any such person having a higher income shall be eligible for exemption in accordance with the following, schedule: Percentage Assessed Valuation Exempt Annual Income From Taxation. More than $18,500 $19,,500 but less.......*h~- ~...,~vveT a cnn $20~500 ~noz,~.~ 45% $20,50¢ or more but less t~n $21,500 25% 40% $21,509 or more but less t~ $22,4~ $22~500 ~.~ 35% ~ ~2~500 or more but less ~ ..~,o~ $23~400 ~oz 30% *-~,~ ~9 $23~400 or more but less th~ .. ,,.~ $~,300 ~oz 25% ~ $24~300 or more but.~o~ ,h~.~ .~e~'~, ~. nn~ ~ $25~200 .~ .~°z. ~ 20% ~-~,-~e~ ~ ~ $25~200 or more but less ~ ~,~ $26~100 ~.~°z 15% ~.~,~ $26~100 or ~ore hut less th~ ..~,.~ $27~000 ~o/_ I0% ~7~00~ or more but [ess than $27~900 3/28/00 8 II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged/nvalid or held unconstitutional by any court of competent j(trisdiction, any judgment, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof than the part or provision so adjudged to be invalid or unconstitiOnal. [1I. This Local Law shall take effect March 1, 2000. * Underline represents additions Strikethrough represents deletions. SUPERVISOR COCHRAN: Again, with explanation, Bob Scott, wl/o is Chairman of the A~ssors came in, and felt that they would like to make'the recommendation that this change be made, so I asked them to do research first, and so he could teRme how many persons in affected, and it affects three people in the Town of Southold, so this will be helpful to them with their taxes. 21 .:-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 22. - Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town 'Board of the Town of Southold hereby creates the position of Records Management Assistant and establishes the following salary scale: For full~fime employees hired on or before. June 8, 1999: 1/1/00 1/1/01 ~/1102 Entry 1 30,035.33 2 30,662.89 31,562.89 3 31,613.06 32,613.06 33,613.06 4 32,041.17 33,041.17 34,041.17 5 33,371.09 34,771.09 36,171.09 For full-time employees hired after June 8, 1999: 1/1/00 1/1/01 1/1/02 Entry 25,418.84 26,318.84 27,218.84 1 28, 043.84 28,943.84 29,843.84 2 29,093.84 29,993.84 30,893.84 3 30,301.34 3.1,301.34 32,301.34 4 31,351.34 32,351.34 33,351.34 5 33.136.34 34,536.34 35,936.34 22.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 23. - Moved by Councilman Romanelli, seconded by Councilman Richter, WHEP, E~, the Town Board of the Town of Southold is the lead agency for the review of the Mullen Motors change of zone petition involving 1.25- acres within the hamlet of Southold identified as Suffolk County Tax Map Number 1000-62-03-22.1 &.24.1, and WHEP, FAS, the petition involves a request by Mullen Motors to change the zoning on the subject 1.25 acre site including Colonial Comers (Parcel 22.1; HB to B Business) and the adjacent meant lot on the south (Parcel 24.1; R-40 to B Business), WHEREAS, the Town Board conducted an initial review of the action, and' determined that the proposed change of zone was classified as a Type I action under the State Environmental Quality Review Act (SEQRA), and WI-IEREAS, the Town Board subsequently issued coordination letters identifying the action as a Type I action and completed a review of the change of zone requiring certain additional information to render a Determinafi0n of Significance, and WHERFaCS, the Town Board later reviewed the Type I list contained in SEQRA Part 617.4, and compared tho proposed action with each of the items specifically listed as being Type I actions Under SEQRA, and 3/28/00 9 WBm~.~s, tho propo,sed,c ~tmnge of zone of 1.25 acres from I-IB and R-40 to B Business does not meet imy of the listings to be considered a Type I action under Part 617:4, and W?maa~,s, the Town l~oard of the Town of SOuthold conducted a very detailed level ot~review of the proposed action including notification of involved agencies and partie~ of interest, requirement of a Full Environmental Assessment Form Part I, II and ~ involved an independent consultant to the 'Board, solicited input from the Planning Board of the Town, and obtained in.nu~ from Other regional planning agencies, and W~, in all practicality, the listing of the action as a Type I action provides a similar level of - 'environmental review as an agency has the option of reviewing an unlisted action by COOrdinated revieW ~th a Full Environmental Assessment Form part I, lt.'and III. ind,'pendent consulting input and input from local and regional planning agencies, and WrdIS~EAS, 'the Town Board of the Town of Southold is the only agency involved in making a decision on the proposed change of zone/as it is a legislative decision of tho Town Board solely. NOW ~ORE BE IT I~SOLVt/D THAT, the Town Board of the Town of Southold finds that the designation Of the p.roposed charign of zone of Mullen Motors is herebY, d/tinged from ~__at of a Type I action to an Unlisted action for the purposes of classification under the State Environmental Quality Review Act, . ': Ah'v Bi/IT-tecrimt~ K~O'L ~ ..V~ II-IA.T, the environmental review of thi.~ a~tion is'not ~mpmmi.~ed in a~y way ss a ~esult of*h;, cbnnge in classification, and in f~ the project .h~ been subjeot to tho m0ro rigoro/!S level of review by virtue of its initi .al classifieation as a Typ~ I action. 23.-Vote of the Town' Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 24. - Moved by Councilman Murphy, seconded by Councilman Romanelli, it was RESOLVED :that the Town Board of the Town of Southold hereby appoints the following persons to the Southold Town Transportation Commission for a two (2) year temi of office, effective mediately: Neboysha Brashich, Margaret Brown, I. B~mard Jacobsen, Frank A. Field; Principal Planne~ Valerie Scopaz, Lieutenant Carlisle Cochran, Jr., and Superintendent of I-Iighways Raymond L. Jacobs. 2t~.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 25. - Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Carol Pieclmik and Sonia P. Polak, Part-Time Clerks in the Office of the Tax Receiver, effective March 3, 2000. 25.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. ~ SUPERVISOR COCHRAN: Number 26, advertising for part-time clerks for Receiver of Taxes, and part-time clerk-typist to transcribe minutes in the Town Clerk's Office, are on hold. 3/28/00 10 28 ,-~Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a contract with Suffolk County Police Department for the installation of a mobile data communications antenna at the Town of Southold Police Department for the installation of a mobile data communications antenna at the Town of Southold Police Department, all in accordance with the approval of the Town Attorney. 28.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 29~. - Moved by Councilman Murphy, seconded by Councilman Richter, it ~vas RESOLVED that the Town Board of the To~vn of Southold hereby reduces the prices to wholesale on the following Town Books; volume of Liber D from $20.00 to $10.00; the hard cover Houses of Southold book from $15.00 to $9.00; the soft cover Houses of Southold book fi:om $7.00 to $4.00; and the National Landmark Register from $8.00 to $6.00. 29.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: We have quite an inventory down in what we call the vault, where we have storage. Betty has just gotten a grant where it has been redone. TOWN CLERK NEVILLE: New HBA System, climate control. SUPERVISOR COCHRAN: It is a climate control kind of thing, which our records have never been in before, so we are quite pleased because we expect them to still be there in the next three hundred years. But through the different years different committees have asked the Town Board for permission for publication, and we have quite an inventory, so what we did today at the Town Board is reduce the price down to cost, and we are going to try to put some in the community, and they are always available from Betty's office, the Town Clerk's Office, but Houses of Southold, the frrst three hundred and fifty years, and this is put out by the Southold Town Landmark Commission. It has got a wealth of information on old houses. It has sketches of the different houses in the community. It is really quite a lovely book, and it is nice to give as a gift for holidays or so forth. The second one we have is Town of Southold Register of Designated Landmarks, and this is 1983 to 1996, again, the different houses with the captions. A lot of good things in this, also. Then this is a hard cover of the first one I showed you, which makes a lovely gift. The last one we have, this is a treasure in a sense. This is called Liber D, and it is the third volume, and Mitzy Goodrich, when she was Town Historian transcribed the records, and put rem in the form of this book. Now, in Southold Town we also have Liber A and Liber B, which is the first transcription and the second, and it starts with our earliest records. Unfortunately the first eleven years of Southold Town records are missing, as where Southampton's, but they found Southampton's back in the 20's. Our first eleven years has never been found, so it picks up after that, and they transcribed all the old records and you know how they made the s's and the f's. I mean it takes you weeks and weeks and weeks to try, to decipher, and read what they wrote. If you are ever at a yard sale, or you are out somewhere, and in an old bookshop, and you see Liber one and two, you have found a treasure, because there just aren't any one and two. They are very difficult to come by, but we do have three, and we have quite a few, and we would like to interest you and the watching public in purchasing Liber three, which would cover the records of Southold Town from 1683 to 1856. So that is a pretty good span of Southold history. It does no good for these things to sit in the basement. I have requested that we hold back fifty of each one for future use, and future generations, but the rest of it we would really like to sell, so if you interested they make nice gifts for people. 3/28/00 11 30. - Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby retains the professional services of Nelson, Pope & Voorhis, LLC for the SEQRA analysis of the proposed rezoning petition for the parcel located at SCTM #1000-102-2-16 from R-80 Residential to HB Hamlet Business zoning district. 30.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly AD OPTED. 31 .- Moved by Councilman Richter, seconded by Councilman Murphy, it was WHEREAS, Mattituck Sanitation has applied to the New York State Department of Environmental Conservation, Division of Solid Waste for a permit to establish a transfer station at Mattituck Sanitation, 800 Wick_ham Avenue, Mattituck, New York; WItEREAS, the Department of Environmental Conservation has requested that the Town of Southold determine whether it is interested in assuming lead agency status for purposes of SEQRA review; now, therefore, be it RESOLVED that the Town Board of the Town of Southold will notify the Department of Environmental Conservation that it ~vishes to assume lead agency status for purposes of SEQRA review ofMattituck Sanitation's application to establish a transfer station. 31 .-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution ~vas duly ADOPTED. 32. - Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for members of the Southold Town Transportation Commission. 32.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 33. - Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold that the North Fork Sustainable Food Project may utilize Town property for the purpose of implementing said project for the year 2000; be it further RESOLVED that the Town Board of the Town of Southold that the Recreation Department of the Town of Southold will administer the North Fork Sustainable Food Project; be it further RESOLVED that the use of Town of Southold property for this project is contingent upon the Town of Southold existing insurance policies adequacy to cover such activities. 33.- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: I would like to give a little explanation on this also. There are a group of people, who came in, and they are interested in doing this North Fork Sustainable Food Project, and it is a project where people ~vith needs will have a garden facility, where they can go and plant. Every time I tell this stow I go to when I was a kid, and it was during the war, and in Riverhead we had victory gardens, and it was a piece of land down Main Street in Riverhead, if you can picture a piece of land big enough for at least fifty people to have a garden. That was a pretty good space, and you would go down every evening in the summer, and you would weed, and you would pick your veggies, and so on, and so forth, and it gave you a good feeling of accomplishment. It was wonderful working with the earth, and it is something I have held dear to my heart all of these many years, and this group is much the same thing. These people will go down. They will plant their gardens. There are going to be raised beds. The Town has agreed to let them use the property down by the promotion booth. As you know in about a year a half that will all be dug up for a fish pond, but right now it is 3/28/00 13 38. - Moved by Councilman Romanelli, seconded by Councilman Richter, WltEREAS, there was presented to the Town Board of the Town of Southold, on the 1st day of February 2000, a Local Law entitled, "A Local Law in Relation to Amending Chapter 100, Section 13, entitled "DefinitiOns of the Code of the Town of SoUtholdth(Bed & Breakfast); and wHEREAs, a public hearing was held on this Local Law On the 14 day of March 2000, 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. 5 OF 2000 A Local Law in Relation to Amending Chapter 100, Section 13, entitled "Defmitions" of the Code of the Town of Southold. BE IT ENACTED by the Town Board of the Town of S outhold as follows: Ii§100-13 entitled "Definitions" of the Town Code of the Town of Southold is hereby amended as follows: BED-AND-BREAKFAST - The renting of not more than Oar-ee-~ five (5) rooms in an owner-occupied dwelling for lodging and serving of breakfast to not more than slxw/r~ ten (10) casual and transient roomers, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling. 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 part thereof other than the part or provision so adjudged to be invalid or unconstitutional. ]1I. This Local Law shall take effect immediately upon filing with the Secretary of State. *Underline represents additions Strikethrough represents deletions 38.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 39. - Moved by Councilman Romanelli, seconded by Councilman Richter, WltEREAS, the Town Board of the Town of Southold is considering the adoption of a Local Law entitled "A Local Law in Relation to Amending Chapter 100, Section 13, entitled "Definitions" amending the definition of Front Yard, of the Code of the Town of Southold; RESOLVED that the Town Board of the To~vn of Southold declares this to be an Unlisted Action under the SEQRA rules and regulations, 6 NYCRR 617.1 et. Seq.; be it further RESOLVED that the Town of Southold is the lead agency and there are no other involved agencies for SEQRA purposes pursuant to 6 NYCRR 617.6 et. seq.; be it further RESOLVED that the Town of Southold, upon completion and review of the Short Environmental Assessment Form prepared for this project and attached hereto, makes the detenv_ination of significance for this project, to be that there will be no significant adverse impact of the environment and thereby issues a negative declaration pursuant to the SEQRA rules and regulations, 6 NYCRR 617.7 et. seq: 39.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Mmphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 40. - Moved by Councilman Romanelli, seconded by Councilman Richter, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 1st day of February 2000, A Local Law entitled, "A Local Law in Relation to Amending Chapter 100, Section 13, entitled "Definitions of the Code of the Town of Southold (Yard, Front); and WHEREAS, a public hearing was held on this Local Law on the 14thd ay of march 2000, 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: 3/28/00 12 good for gardens, and Peconic Land Trust is working on the same kind of a program for the farm that was just purchased up by Fort Corchaug, so hopefully your future home will be at Fort Corchaug by the fort, and this year we wiSh you well, and anything else we can do, please, let us know. 34.- Moved by Councilman Romanelli, seconded by Justice Evans, it ~vas RESOLVED that the Town Board of the Town of Southold hereby creates an ad hoc computer committee for the purpose of investigating and evaluating computer needs, technical problems, and training, effective immediately and continuing for the period of one year. This committee shall make a written or verbal report to the Town Board once a month. The following persons are hereby appointed to this committee: Councilman John M. Romanelli Councilman Craig A. Richter Data Technician 1I John Sepenoski To~vn Comptroller John Cushman COUNCILMAN ROMANELLI: This is really a reshuffling of our present Computer Committee to make it smaller, leaner, and more efficient. 3ll.- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 35.- Moved by Councilman Murphy, seconded by Councilman Romanelli, WHEREAS, the Town Board of the Town of Southold is planning to acquire real property from Louis Carraciolo consisting of approximately 22.1 acres, located at SCTM #1000-100- 04-002; be it RESOLVED that the Town Board of the Town of Southold declares this to be an Unlisted Action under the SEQRA rules and regulations, 6 NYCRR 617.1 et. Seq.; be it fmrther RESOLVED that the Town of Southold is the lead agency and there are no other involved agencies for SEQRA purposes pursuant to 6 NYCRR 617.6 et. Seq.; be it further RESOLVED that the Town of Southold, upon completion and review of the Short Environmental Assessment Form prepared for this project and attached hereto, makes the determination of significance for this project, to be that there will be no significant adverse impact on the environment and thereby issues a negative declaration pursuant to the SEQRA rules and regulation, 6 NYCRR 617.7 et. seq. 35.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelh, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 37. - Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS the Town Board of the Town of Southold is considering the adoption of a Local Law entitled, "A Local Law in relation to amending Chapter 100, Section 13, entitled, "Definitions: increasing the number of rooms permitted for rent in a Bed-and Breakfast from three (3) to five (50 of the Code of the Town of Southold: and be it be it RESOLVED that the Town Board of the Town of Southold declares this to be an Unlisted Action under the SEQRA rules and regulations, 6 NYCRR 617.1 et. seq.; and be it further RESOLVED that the Town of Southold is the lead agency and there are no other involved agencies for SEQRA purposes pursuant to 6 NYCRR 617.6 et. seq.; be it further RESOLVED that the Town of Southold, upon completion and review of the Short Environmental Assessment Form prepared for this project and attached hereto, makes the determination of significance for this project, to be that there will be no significant adverse impact on the environment and thereby issues a negative declaration pursuant to the SEQRA rules and regulations, 6 NYCRR 617.7 et. seq. 37 .- Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 14 LOCAL LAW NO. 6 OF 2000 A Local law in Relation to Amending Chapter 100, Section 13, entitled "Definitions" of the Code of the Town of Southold. BE IT ENACTED by the Town Board of the Town of Southold as follows: 1.§100-13 entitled "Definitions" of the Town Code of the Town of Southold is hereby amended as follows: YARD, FRONT An unoccupied ground area open to the sky between the street line, or between the street line estabhshed by the Official Map of the town or an approved subdivision plat, and a line drawn parallel thereto. Except, if the owner of the lot does not have the right to use or travel over a bordering street, right of ~va¥ or street line, the side of the lot bordering that particular street, right of way or street line shall not be considered to be a front yard and any accessory structure placed in such yard shall comply with the applicable sidevard setbacks for the zoning district within which it is located. 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 part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. *Underline represents additions Stfikethrough represents deletions. t~0.-Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That is the end of our resolutions at this time, and it is 8:00 o'clock. I need a motion to recess. Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that this Town Board meeting be and hereby is recess at 8:00 P.M. for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Meeting reconvened at 8:25 P.M. SUPERVISOR COCHRAN: Number 36 is in order. Moved by Councilman Romanelli, seconded by Councilman Richter, WHEREAS, Louis Caracciolo has offered to sell the development rights in agricultural lands under Chapter 25 of the Town Code, to the To~vn of Southold; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the acquisition of the Caracciolo property on the 28th day of March, 2000 pursuant to the provisions of Chapter 25 of the Town Code, at which time all interested persons were given an opportunity to be heard; and WltEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the development rights to the Caracciolo property; now therefore be it RESOLVED that the Town Board of the Town of Southold elects to purchase the Carraciolo property consisting of approximately 22.1 acres, located at SCTM#1000-100-04-002 for a price of $11,600.00 per acre. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 3/28/00 15 SUPERVISOR COCHRAN: That is the end of our resolutions. Thank you once again for the job the committee does. Gives a great deal of time to making this all happen for residents of Southold. Thank you, Dick, and your committee also. I think that is all the agenda business. Is there anyone that would address the Town Board on any given Town Board business? Yes, sir? GORDON PRICE: Good evening, my name is Gordon Price. Yesterday I hand delivered a letter to you, Mrs. Cochran, regarding a problem we have in Orient, and also addressed to the Town Board. I, also, sent a copy to Mr. Forrester, Director of Code Enforcement, and I would like to read the letter for public understanding of this letter. It reads, Dear Mrs. Cochran, I wish to bring to your attention a growing menace which threatens the quality of life of myself, my neighbors, and my community, the proliferation of juvenile off-road vehicles, and their incredible noise in our residential neighborhood. I live on Main Road in Orient Lot 1000-18- 6-6. Partially surrounding my property are nine plus acres, undeveloped acres, zoned for residential and agricultural use owned by Mark and Mary Bess Phillips. The Phillips have leased the lot to nurseryman Jeffrey Rodgers of Orient, and have apparently given him permission to reconfigure part of the property as an off-road dirt track complete with jumping mounds. The result has been a congregation of kids last fall and again resuming several weeks ago creating a relentless destructive noise, which can be heard as far away as Village Lane, which is a good half a mile from my house. When I and others have called the Police they have been very cooperative, but have told us that since the owner of the property had given permission there was nothing I could do. Meanwhile some of the kids have taken off into the privately owned fields and yards on either side of Orchard Street, Youngs Road area, and the north beach on the Sound. With summer and closed schools this disruption of our peace and quiet will become horrendous. It is hard for me to believe that there is no Southold Town regulation to limit the usage of an undeveloped residential/agricultural parcel in a way that is so destructive to the well being of its neighbors. Realtors have told me, that it could reduce the value of our properties by 20 to 25 percent. Is them no zoning regulation that applies to this? Is there no noise ordinance? What needs to be done to enforce any applicable ordinances? I have been informed that the townships further west have initiated laws against this sport. Now, it appears that kids fi:om as far away as Nassau County, I am a witness to this, are coming out hem knowing that they can't do this in their own neighborhoods, so they do it here. If this isn't stopped now, the problem with become immense, not only in Orient, but in the rest of Soutbold, and the East End. Failing the existence of protective laws or the ability to enforce them, I urge the Town Board to immediately initiate legislation to curtail this destructive intrusion of a quiet residential neighborhood. I have a tax map that I have blown up. I can show you where the dirt track is if it ~vill be of interest to you. I also have copies of the letter I can give to the Board at this time. May I do that? SUPERVISOR COCHRAN: Mr. Price, your letter came in yesterday, and I immediately sent it back out to my clerical staff, because the pictures themselves tell a story pretty clearly. GORDON PRICE: I hope so. You can have those pictures. I have another set if you need it. SUPERVISOR COCHRAN: The Police are correct when they say that there is not too much they can do. It is private property. These kids have the permission of the landowner. In relation to the noise, we had such a full schedule today, and this just came in that it will be on the next Town Board agenda for their discussion. GORDON PRICE: Which would be what date? SUPERVISOR COCHRAN: Which would be in relation to Noise Ordinance. It would April 11th. Usually the Town Board discusses the possibility of something to be added to the Code, and they will be looking at this again. I have had a different request for a Noise Ordinance, not just with this problem, but some of the other problems throughout the town. The Board will look at it again. They will make a decision if it should go to the Code Committee for further action, and something to be developed in the Code. I think one of the reasons that a 3/28, O0 16 Noise Ordinance hasn't really been put into place prior to this is because they claim it is difficult to enforce, but it would certainly give us something on the books to take that first step. So, the Board will be discussing it at the next meeting. I send lots of notes out to my Administrator Assistant, and you will be getting a letter acknowledging your request also. I also have a memo that is going to the Chief of Police, and we will start to deal with it. GORDON PRICE: If there were some action on it, if my neighbors called the police at least the Police would be able to act ~vith some kind of positive. SUPERVISOR COCHRAN: In addition I have received, also, today a letter from the Orient Association on the same matter. They are addressing the same problem, so the Board will be discussing it at their next ~vork session. GORDON PRICE: Do you hold any hope for our situation? SUPERVISOR COCHRAN: I don't know why not. You know we keep getting a request for a noise ordinance, and maybe this is the time to really dig into it. It is not just this. It is jet skis. It is weddings at vineyards with the loud music going until midnight, so it is infringing on people, and their quality of life. JUSTICE EVANS: You mentioned in your letter about some towns in Nassau having regulations against this type of.. GORDON PRICE: Evidently, I was out there, I made photographs of the site, and several of the kids they said, first of all are you going to kick us out? I said, no, I am not a policeman, and they said, oh, good, we can came all the way from Nassau County. JUSTICE EVANS: You don't know which towns? GORDON PRICE: No, I didn't ask. Then there was another kid that came from west of Riverhead, and the reason why they do that is because they are not allowed to do it in their own neighborhoods, and they know that, and this is the last place on the east end, and it is right behind my house. SUPERVISOR COCHRAN: I tell you if that were my land I wouldn't want that liability. Look at the age of these kids. Five years old he looks like. We will discuss it at our next Board meeting. COUNCILMAN MURPHY: Another place this has started to show up, too, is the problem along the local right of way, especially in Mattituck, and they have been riding that. GORDON PRICE: This is my house back here, and this is the track right next to it. I mean I am dead ifI want to sell my house. I am dead. SUPERVISOR COCHRAN: We hope you don't sell it. Orient is still lovely. GORDON PRICE: I don't think I want to move, but if this continues I have got to. SUPERVISOR COCHRAN: We will discuss it at the next Board meeting. Once it is scheduled, if you would like to come in and listen you are more than welcome. GORDON PRICE: I certainly would love to. SUPERVISOR COCHRAN: I will have Ruthanne notify you after it is scheduled on the agenda. GORDON PRICE: Incidentally, you mentioned those books, where can you purchase those? 3/28/00 17 SUPERVISOR COCHRAN: In the Town Clerk's Office, and we are going to be looking at some other outlets also, but right now that is where they are available. We also have Town Hall Cookbooks, mo. We have gotten some more of those done by the staff. There are excellent cooks here. They really are? So, we did a cookbook, and that profit goes to planting the daffodils on the North Road. If you want to buy a cookbook, also, we would be very happy. Anyone else like to address the Town Board? FRANK WILLS: Good evening. My name is Frank Wills. I live in Mattituck. Specifically I live a quarter of mile to the ~vest of Mattituck Inlet jetties on the block, so I can see the scene that goes on that starts about Memorial Day very well. We are talking about the jet skis. This is the third year that I have come before the Board to bring up this problem, and since this gentleman mentioned earlier, not about the jet skis, but the noise. The potential damage, so far we have not had an accident by the jet skiers hitting a swimmer. The noise they make, the sort of ~vaa waa noise, will go for at least a half of mile. It is armoying. It may not be dangerous, but the potential danger of the uncontrolled speed, and carelessness that some of jet skiers show, which I have seen. I have seen the activity. I think it should be regulated, controlled regulated, either by license or by roles that can be enforced. I realize full well we can not have a policeman down at every beach twelve hours a day, so some other approach will have to be taken. I hope, and I sincerely hope that this will not be the year that we will have had a disaster like we had many years ago. Once we had fireworks in Mattituck Inlet. If you all remember the horror that happened. I hope nothing ~vill happen, but the way some of the jet skiers, and these are not kids, these are grown men. SUPERVISOR COCHRAN: Thank you. Your comments are well taken. Anyone else like to address the Town Board? RAY HUNTiNGTON: I just have a question on resolution #30, which is retain the services of Nelson, Pope, Voorhis for an analysis of change of zone request. My question is, to what does the consultant work? Is it just specification provided by the town, or is there a standard that he will work against in order to an analysis of change of zone? SUPERVISOR COCHRAN: I would say, standard. TOWN ATTORNEY YAKABOSKI: There ~s a standard. SEQRA roles and regulations are set forth, and there is a standard you have to follow, a procedure you have to go through, and they are right there. You have to determine what type of action it is, and fi'om there you have to determine who is going to be lead agency, and you have to determine what type of environmental assessment going to be done, and there is also something called Determination of Significance, either Negative Dec, Positive Dec or Conditional Negative Dec. RAY HUNTINGTON: I am familiar with the general procedure. The question that I really had was concerning the factors that would be covered by the analysis. What would the analysis consist of?. What considerations would the consultant make? COUNCILMAN ROMANELLI: There is a whole list. COUNCILMAN MURPHY: Depending on what is determined, the type, and that one step type is determined, there is specific criterion that must be looked at to determine what the significant impact is. There ~s a regular criterion. TOWN ATTORNEY YAKABOSKh Ray, if you want to stop by tomorrow or the next day to the office I can show you some of the criterion you have to look at. Everybody who didn't has to look at the same criteria. 3/28/00 18 SUPERVISOR COCHRAN: This is a short form, Ray, with many questions, that relate. In fact, you can have this I am sure. There is also a long form, which is more involved in relation to some of things that you look at as, you know, results of the action. JIM DINIZIO: Hi. I am Jim Dinizio, Greenport. One thing before I get started w/th what I have to say. I grew up with Jeff Rogers, and Jeff is the gentleman that he is referring to out there on the farm with motorcycles. Jeff grew up on a motorcycle, and I am sure that you see a five year old, six year old, or whatever in those pictures, and I got to tell you Jeff was probably that age when he was on a motorcycle. He became very good at it. Jeff did. He was national at one time, and I sPoke to Jeff about that, you know, one time, and he ~vas always looking for a spot that, you know, he has children, he has people that are interested, and he himself, I think, is still interested drives a motorcycle the way that they did. He suggested it wouldn't be a bad idea for the landfill, have something up there in the landfill where you could berm around it, and have them go down in a pit, and reduce the noise, and everything else, so you might want to consider that, certainly before a Noise Ordinance, because jet skis and motorcycles it is not that they are loud enough for you to measure on a meter, because they are not. The noise is a noise, and that is the problem. You could stand next to a motorcycle within fifty feet and not register on a meter that is measuring the noise. That is what hurts your ears. Those motorcycles are just annoying. I have a kid right next door. He has got a little one he rides around his house, so I finally have to ask him, look, I have had enough. Go put it away: I offered to buy him a muffler. I understand their problem. SUPERVISOR COCHRAN: That why they have never done an ordinance through the years, because of the enforcement is tough. JIM DINIZIO: Okay, now I get to the sticky part here. You guys want to take a break, get a glass of water? I am here concerning what I have been reading in the paper about Peconlc Landing, and back and forth going about taxes. I want to say this fncst. I am in favor of that development being there. Certainly if they qualify for the tax exempt as, well, then that means that they must be serving the public. If they qualify for that, then I have absolutely no problem. But, I do object to my school district in that position, and do object to the way that it was done, and that if you read the paper last week you will see Santa's Christmas Tree Farm was up for a zone change. The gentleman is in a residential area with a business. It is a fairly good size headline, I would say half inch, maybe three-quarters of an inch. Everybody is going to read it. Everybody is going to come in, and have theft comments, and perhaps you are going to have some restrictions, or whatever, but people would be allowed to come and talk about it. Mnllen Motors, it is a third of acre. I think they have at least two years into this thing now. The neighbors along there, three years, four. It is a third of an acre in the scheme of things here. They still haven't gotten permission. They have gone through all sorts of traffic studies, and everything that could be done, looldng at this thing upside down and sideways, and you still can't park cars on the empty lot there. SUPERVISOR COCHRAN: I think, Jim, if I may just clarify. This zone application was in the hands of the Town Board, I wouldn't say any more than six months of the total time. JIM DINIZIO: I understand. SUPERVISOR COCHRAN: I am just clarifying as you go along. JIM DINIZIO: I understand that they have to hand stuff in. Cross Sound Ferry basically the same thing, if you really look at it. They want to park cars on an empty lot, and they are back and forth. People suing, yada yada, everybody is complaining about it, and they heard about it in the papers. Peconic Landing, everybody says there is a zone change. The Town inserted this use in a residential zone. The headline wasn't Peconic Landing wants to build on 200 some odd acres in Greenport. Come on in and have your comments. It was in the Legal Notices in the paper to insert this type of use into a residential zone. Now, I have said it before, I know my grandmother wouldn't be able to understand the legal notice. I know we 3/28/00 19 had a hard time reading one not too long ago. They are confusing, and this particular use was inserted in that zone very clandestine in my opinion. I happened to be at the meeting where this was. All these people were here tonight. They were here tonight because of greenhouses, and they all have a vested interest in it, and what I gather they went to the Code Committee meetings, and there were many of them. Most of these lots are five acres, six acres, and ten acres, whatever. This is 200 acres of land, one Code Committee meeting concerning this use on to those p~eces of property. I think the Town knew very ~vell Peconic Landing was a proposed use for that particular zone, and looking at the paperwork I lcnow they had planned well ahead, well in advance, before the use was changed, that they were going to do this, because you don't spend $85,000,000 without a plan. So, I would like the Town to revisit that. I would like them to a look at that zone, and let us have our say. I filed a freedom of information, and I looked at the Planning Board records, and the Building Deparument records, and I found a fe~v things that were of interest. This particular property was of interest to me since 1989, the development. Let me put it this way. Cross Sound Ferry since 1995 has probably quadrupled the amount of traffic that is on that road right now. I mean in summer it is horrendous trying to get out of my street. In 1998-99 I wrote a letter to the Planning Board and to someone else asking that them be a stop light put at my comer. (tape change.) Evidently there was some discussion between the Planning Board and the developer, and I know it was 300 some odd units at the time, to put a traffic light there. There was need for it in 1990. That is ten years ago. Also, myself, and my wife, we wrote a letter and Mr. Carloski from the State Department of Transportation wrote a letter back stating that they agreed to put a light there. The developers were going to put a light there when this development started. I, also, have another letter here from Joe Sa~vicld when he was an Assemblyman. He contacted the department for me stating 2 ust that, that there would a light put there when there ~vas a development there. SUPERVISOR COCHRAN: Where exactly are they going to put this light? JIM DINIZIO: Route 25 and Route 48. Porky's, that corner. There is a flashing light. All the work had been done on putting a traffic light there. They were going to reposition. I looked through all the records assuming that we were working a site plan that had existed on that piece of property with Peconic Landing. That all the meetings that had taken place, all the requests would be considered during this fmal site plan for them. There is no plan now to put a three color light at that comer. They are certainly not requiting this developer to do it. I am concerned as to why that is. We are talking ten years ago. We are talking a lot more traffic now. Granted it is probably less units, but them is going to be just as much traffic. As matter of fact, it is twenty-four hour operation now, because you have a nursing home, so staff will be coming and going constantly, not to mention everything else that goes ~vith whatever a nursing home might be. So, I would question, and I have been in discussions with people just that, you know, I could do other things. I have other remedies, but you know, my thing is I think these people are being treated differently than other people in the town. Most people come into town, they read the Code Book, they do what the Code Book says, and we were assuming that they had an approved site plan for that, that they would follow that site plan, and all the restrictions would be incurred. Valerie Scopaz certainly in 1990 was fairly adamant about having a traffic light there. That there needed to be a traffic light there, and this particular development was going to pay for it. SUPERVISOR COCHRAN: I will look back at this, Jim. I wasn't here so it is hard for me to say. JIM DINIZIO: I will tell you. In all honesty, it is just the fact that I wasn't afforded the opportunity to come before the Board, to go to the Planning Board before you folks, and address my concerns, and have some leverage with these people, and perhaps protect my district's taxes, which is number one priority is taxes, school taxes. Now, I am reading the paper that they are not going to sign these, and in all honesty do you know what they do if they get the tax exemption? I don't think it would hold up anyway, but we could have had restrictions that said, if you don't pay your taxes you don't get the use. The moment that they 3/28/00 20 stop paying taxes, they don't have the use. You could have had that, and now we can't, because number one; there is nothing in the Planning Board records that says anything about PILOTs, nothing. So, I don't know who is negotiating. There is plenty of other restrictions in there, but nothing in there that says the Planning Board asked you to sign PILOTs, before we give you site plan approval. I realize that Scott Russell was taking care of that, but in all honesty the Planning Board is the one that votes on it, and it doesn't look to me like they are required to have that particular piece of paper, that document. SUPERVISOR COCHRAN: Jim that will work through the Town Board. The negotiations are not fmished yet, so it is premature to say that a definite decision has been made. It was under discussion this morning with the Executive Session with the Town Board. I think you heard the same as I, and many others, that when the project began they said they would pay the PiLOTs. So, there is some action we are going to be taking. Hopefully some solution will be reached, because morally in good faith they said they were going to pay PILOTs. I agree. JIM DINIZIO: I heard they were protecting their own interests. SUPERVISOR COCHRAN: So, at this point, Jim, it is just a little premature. We are still negotiating, and let's see what happens in the next couple of weeks, the next couple of weeks, Jim. We'll check on the light. What else? JIM DINIZIO: Well, I am going to stay right on this topic because this is what concerns me. They don't have site plan approval. I think you know that. I certainly do, because I looked at the records, and if you know m Southold Town you cannot issue you a Building Permit until you have site plan approval. It is in the law, 1000-253. No building shall, you know, building permit be issued for any structure or building for which a site plan is pursuant. Then it goes down approved site development plan or approved amendment of any such plan has been secured by the applicant fi:om the Planning Board. There is no site plan. SUPERVISOR COCHRAN: I will check. JIM DINIZIO: There is a building permit. Construction of a temporary non-habitable single family dwelling to be used as a model for display only, and applied for. Number one, I don't know what a non-habitable single-family dwelling is, because you have a dwelhng. Now, I am sure you all know where this is. It is in the front yard. Now, if it is an accessory it can't be in the front yard. It needs a variance regardless of whether it is temporary or not. If it is a principal use, correct me if I am wrong, Greg, if it is a principal use then it has got to be on a single and separate lot, and it is not. As a matter of fact, it was put on a piece of business property, which I don't believe is subject to this particular application. Signed by James Richter. There is no CO for this. SUPERVISOR COCHRAN: You can't live in it. JIM DINIZIO: The public can't walk inside this building. It doesn't have a CO. I have been inside this building, and I have seen plenty of other people inside this building. It is a model. They use it to show people. It has no CO. I have all that, and basically what I am saying to you is if you can't some how extract from these people a binding tax agreement within the next few weeks, I don't see the town in anyway being able to say to any applicant that they shouldn't just go ahead and do what they want to do first. Number one, this building here, I mean if you took Cross Island Ferry, and I am sure that the Planning Board must have had some idea this was going on. You should have let Cross Island Ferry build a five-car garage down there, so let's see how it works out without a site plan, or let Mullen's bulldoze it, pave it over, and let them park them, because it looks to me like this is done in anticipation of an approved site plan, and if that is so, then they have made their mind up already, and I believe that if you have a Board you are supposed to listen to all the evidence and then make your mind up. It just appears to me that hasn't happened. I heard Dr. Vasaur is livid, and you can't blame him, and I have got to say.. 3/28/00 21 SUPERVISOR COCHRAN: I have had more than one conversation with the Doctor. JIM DINIZIO: I have never seen a person who is so worded about something that is going to happen, and he may not even be here. I mean, you are talking ten years from now. They saying, you know, we will get a tax break. SUPERVISOR COCHRAN: Jim, I think we are all on the same side of the coin, that we understood from day one that PILOTS would be a part of the development there, and as I said, within the next two weeks we should know if we have a signed document or not. The Board is looking at certain actions. JIM DINIZIO: Thank you. SUPERVISOR COCHRAN: Anyone else like to address the Board? HANK KUHN: Hank Kuhn from Laurel. I want to bring up the question again about Brushes Creek Bridge. I know we talked about it two weeks. You were in the process of getting together information to send to Congressman Forbes. SUPERVISOR COHRAN: The borings were completed. Do we have a report? TOWN ATTORNEY YAKABOSKI: We have not yet received it, Jeani SUPERVISOR COCHRAN: We haven't received the engineer's results of the boring yet. HANK KUHN: Are you still going to make it in time for the money to be allocated? TOWN ATTORNEY YAKOBOSKI: Yes, we have been in touch with Forbes' Office on that. HANK HUHN: What will be the procedure assuming that this does go forward, and the money is available? Do you have a figure, or is that waiting the borings? SUPERVISOR COCHRAN: The cost? Almost $900,000. HANK KUHN: Then do we know what kind of a bridge we are going to have? SUPERVISOR COCHRAN: No, I can't say we do. It is not going to be the one ~ve have, but it will probably be similar to the other bridges that span that highway. It needs pilings. We know that. It will be a different construction kind of thing. HANK KUHN: What I am getting at in all of this is I don't want to go down the road we went down before, where money was allocated and I guess the Highway Department took il over and built something without any input from the community. SUPERVISOR COCHRAN: That was prefab, almost like a prefab house. This culvert was a prefab, and it is under the classification, I understand, more as a culvert than a bridge. COUNCILMAN ROMANELLI: When we get the money I am sure the neighbors will have their input. HANK KUHN: Well, you got the money the last time. COUNCILMAN ROMANELLI: I am saying, I hope we learn from our mistakes, and I believe we have. 3/28/00 22 HANK KUHN: I hope so. It is bad enough to waste $80,000. SUPERVISOR COCHRAN: It is a waste of money, not replacing, but what has happened. I am trying to remedy it. I wasn't here when it happened, so I have difficulty in going back to the history. We certainly want to improve the situation. HANK KUHN: What area of the local govermnent would be involved in selecting the type of bridge? Who handles this? Is a decision by the Town Board, or Highway Department? SUPERVISOR COCHRAN: We hired H2M to do borings as you know, and I can't speak for the Board, but we might possibly use them for the engineering, outside engineering firm. HANK KUHN: Whose decision is it, final decision in terms of selecting this is the type of bridge we are going to get? SUPERVISOR COCHRAN: Probably the engineers will give a recommendation to the Board. COUNCILMAN ROMANELLI: It will be our decision, yes. HANK KUHN: Thank you. SUPERVISOR COCHRAN: Probably, Greg, isn't the bridge under the jurisdiction of the Highway Department? So, it will probably he a combination of the Town Board and the Highway Superintendent. The bridges are his. The roads are his. HANK HUHN: What I am concerned about is that I can understand the Highway Department is interested in maintaining roads and making it as economical as possible. I think the Town of Southold is concerned with tourism, and you have got to have aesthetics involved in the consideration. That didn't happen the last time. SUPERVISOR COCHRAN: That is an ugly bridge. I said that from the first day I saw it. It was. It is. I am sure we are going to have not only the Town Board and the Highway Department, but all the neighbors that will be keeping a close eye as we move from step to step. GORDON PRICE: Again, Gordon Price. I just want to, when you mentioned that if for one reason you don't have a noise ordinance is that you can't enforce it. SUPERVISOR COCHRAN: I said it is difficult to enforce. GORDON PRICE: Just out of the simplicity of knowing that there is a very concentrated group of motorcycle dirt track people in this one nine acre lot, it seems to me it would be quite easily enforced because they are not all over the east end, but they are in this small area. So, if we did have a noise ordinance I would think that it would be fairly simple to enforce. I just want to ask you if I can address the Town Attorney on the fourth paragraph of the Ann Hopkins the President of the Orient Association, you mentioned a letter that you received today. I would hke to read it for a moment. The Orient Association has already started preliminary legal advise on the matters of the track. We understand that creating a recreational facility on an undeveloped residential and agricultural property is probably a violation of zoning regulations. We may also be able to take action on the grounds of excessive noise, traffic, and dust generated by the track despite Southold's lack of a noise code. We are gathering evidence to pursue this matter. That is Ann Hopkins words. In addition to that I just want to note that this gentleman, who is responsible for the land preservation of the east end I can't believe that we can't do sOmething about this. It is a farm field. It is for agricultural purposes, and it is being used for this incredible dirt track. I just don't believe that we can't do something about this. 3/28/00 23 SUPERVISOR COCHRAN: As I said earlier we just got this in yesterday. We will investigate it. The Town Board will discuss it, and we will move in the directiOn. Anyone else? (No response.) May I have a motion to adjourn? Moved by Councilman Murphy, seconded by Councilman Mmphy, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:45 P.M. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Roman Elli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Eliz~eth A. NeVille~ Southold Town Clerk