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HomeMy WebLinkAboutTB-07/31/2001SOUTHOLD TOWN BOARD JULY 31, 2001 Present: Supervisor Cochran, Justice Louisa P. Evans, Councilman John M. Romanelli, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski. Present at 9:45 a.m. Councilman Brian G. Murphy Absent: Councilman William D. Moore, Councilman Craig A. Richter. 9:15 a.m. Justice Louisa Evans advised that John Thatcher will be attending a meeting to be held by the Connecticut Department of Environmental Conservation with regard to the Long Island Sound dumping. 9:21 a.m. The Town Board discussed IV. For Discussion Item 5. Proposal for grant application, Whitaker-Thompson House. See Town Board resolution no. 548 in which the Town Board authorized the hiring of John Collins, provided the application be reviewed by Supervisor Cochran before it is submitted. 9:35 a.m. The Town Board reviewed resolution numbers 533 through 543 to be voted upon at the 7:00 p.m. meeting. 9:45 a.m. The Town Board reviewed the Employee Handbook. Changes were made on the following sections: 202; 302; 304; 401; 402; 508; 602; 603; 610; The Town Board placed resolution number 549 on the agenda adopting the Employee Handbook with the proposed changes. The Town Board asked if the town web site address could be changed by taking away the North Fork so that it begins with southoldtown, instead of north fork. This will be checked with the data processing department. On motion by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 9:57 a.m. for the purpose of discussing contracts, the Feather Hill lease agreement. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was declared duly ADOPTED. On motion by Councilman Romanelli, seconded by Councilman Muprhy, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session at 10:02 a.m. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was declared duly ADOPTED. 10:06 a.m. The Town Board reviewed IV. For Discussion Items 3 Application for Change of Zone of Amerada Hess Corporation and & 4 Application for Change of Zone by Darrin Skrezec. The 7/31/01 2 Town Board placed resolution numbers 545, 546, 547, & 548, on the agenda to declare lead agency with regard to SEQRA and to transmit the applications to the Southold Town Planning Board and the Suffolk County Planning Commission. IV. 2. Application for AHD Zoning, Factory Avenue, Mattituck Supervisor Cochran stated that this should be held to determine if it fits in the AHD in the code as it currently exists. The town code may have to be amended. Executive Administrator James McMahon and Code Enforcement Officer Edward Forrester will make this determination. 10:40 a.m. Appointment Valerie Scopaz re: Local Waterfront Revitalization Plan. Ms. Scopaz reported that she has received REGULAR MEETING JULY 31,2001 7:00 P.M. A Regular Meeting of the Southold Town Board was held on July 31, 2001, at the Southold Town Hall, Southold, New York. Supervisor Cochran opened the meeting at 7:00 P.M. with the Pledge of Allegiance led by Town Clerk Neville. Present: Absent: Supervisor Jean W. Cochran 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 Councilman William D. Moore SUPERVISOR COCHRAN: May a motion to approve the minutes of June 19, 2001, Town Board meeting? Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the minutes of the June 19, 2001 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: May ! have a motion to approve the audit of bills for July 31, 20017 Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the following bills be and here are ordered paid: General Fund Whole Fund bills in the amount of $205,804.06; General Fund Part Town bills in the amount of $13,393.25; Community Development Fund bills in the amount of $28,000.00; Highway Fund Whole Town bills in the amount of $16,225.94; Highway Fund Part Town bills in the amount of $35,124.06; Chip (Highway Part Town) bills in the amount of $145,404.54; Capital Projects Account bills in the amount of $5,144.50; Landfill Cap & Closure bills in the amount of $116.66; Community Preservation Fund (2% Tax) bills in the amount of $2,170.00; Computer System Upgrade bills in the amount of $2,270.06; E-W Fire 7/31/01 3 Protection District bills in the amount of $12,095.10; Fishers Island Ferry District bills in the amount of $58,167.97; Refuse and Garbage District bills in the amount of $26,860.19; Southold Wastewater District bills in the amount of $12,520.61; Fishers Island Ferry District bills in the amount of $69.88; Southold Agency & Trust bills in the amount of $7,770.36; Fishers Island Ferry District Agency & Trust bills in the amount of $288.62. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: To set the Fishers Island Town Board meeting for Wednesday, August 8, 2001, at 1:30 P.M. Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that a meeting of the Southold Town Board will be held at 1:30 P.M., Tuesday, August 8, 2001 at Fishers Island, New York. 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 next regular Town Board meeting for Tuesday, August 15, 2001, at 4:30 P.M. Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that a regular meeting of the Southold Town Board will be held at 4:30 P.M., Tuesday, August 14, 2001 at Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Supervisor Cochran. This resolution was duly ADOPTED. I. REPORTS. 1. Southold Town Board of Trustees Monthly Report for June 2001. 2. Island Group Administration Claim Lag Report through June 2001. 3. Southold Town Budget Report for June 2001. 4. Southold Town Police Department Juvenile Bureau for June 2001. II. PUBLIC NOTICES. 1. New York State Department of Environmental Conservation Notice of Complete Application of Marvin Property to subdivide an existing lot into two residential lots at Jackson Street, New Suffolk, Town of Southold on Peconic Bay. Written comments by August 17, 2001. 2. Department of Army, NY District, Corps of Engineers, Notice of request of Susan Becker for Department of Army authorization to construct a walkway/pier above the grade of the wetlands at Richmond Creek, Little Peconic Bay, Peconic, Town of Southold. Written comments by August 2, 2001. 3. New York State Department of Environmental Conservation Notice of Complete Application of Foerth Property to construct new bulkhead and install a ramp and float at Beebe Drive on East Creek, Cutchogue, Town of Southold. Written comments by August 3,2001. III.COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1. 7:05 P.M., on a proposed "Local Law to No Parking on Jernick Lane and Oaklawn Avenue, Southold, New York". 2. 7:10 P.M., on a proposed "Local Law in Relation to Noise Control". V. RESOLUTIONS. #533 Moved by Councilman Romanelli, seconded by Justice Evans, it was 7/31/01 4 DB1.3501.00 DB1.2210.10 DB 1.5990.00 Appropriations: DB 1.5112.2.400.905 RESOLVED that the Town Board of the Town of Southold hereby establishes the following budget for the 2001 Consolidated Highway Improvement Program: Revenues: State Aide Consolidated Highway Aid $ 223,315.36 Services Other Governments County Water Authority 116,821.25 Appropriated Fund Balance 37,627.02 Consolidated Highway Improvement Capital Outlay Highway Resurfacing/Reconstruction $ 377,763.63 Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #534 Moved by Justice Evans, seconded by Councilman Romanelli, it was BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31, 2001, APPROPRIATING $330,000 TO DEFRAY COSTS AND EXPENSES OF THE SUFFOLK COUNTY WATER AUTHORITY ASSOCIATED WITH THE EXTENSION OF AUTHORITY WATERMAINS INTO A PORTION OF CUTCHOGUE, IN THE TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $330,000 AND AUTHORIZING THE ISSUANCE OF $330,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Recitals: WHEREAS, pursuant to Section 1078-d of the New York Public Authorities Law, the Town Board of the Town of Southold ("the "Town"), in the County of Suffolk, New York (the "County") is authorized to appropriate by resolution a sum of money to defray the costs and expenses of the Suffolk County Water Authority (the "Authority") associated with the extension of Authority mains to areas in the County within which the County Department of Health Services has documented that private wells providing water to homeowners have become contaminated with pollutants in concentrations greater than recommended by any drinking water guidelines or standards established by the federal government or the State of New York and may enter into a contract(s) with the Authority to so extend Authority mains; and WHEREAS, said County Department of Health Services has documented that private wells in an area of Cutchogue hereinafter described have been contaminated with pollutants in excess of said drinking water guidelines or standards and the Town and the Authority have entered into a contract to so extend Authority water mains into such areas and the Town now deems it to be in the public interest to appropriate money therefor and, further, the Town will grant a permanent easement or easements to the Authority on the Town-owned well site on Evergreen Drive, in Cutchogue, for the purpose of constructing a pump station; and WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with, the Town Board, in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is a Type II Action thereunder and, therefore, no further environmental review is necessary; Now, therefore, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), hereby appropriates the amount of $330,000 to defray the costs and expenses of the Suffolk County Water Authority (the "Authority") associated with extension of Authority water mains and appurtenances, including, but not limited to, valves, pumps and controls, equipment, machinery and apparatus, from the Town owned wellsite on Evergreen Drive (on which the Authority will obtain a perpetual easement for construction of a pump station), north on Depot Lane to Cox Lane and terminating in the cul-de-sac of Matthews Lane, all in Cutchogue, in the Town (the "Project"). The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $330,000 and the plan of financing includes the issuance of $330,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real 7/31/01 5 property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is anticipated that the Town will receive grants from the United States in the form of Community Development Block Grant (CDBG) grants which will be budgeted as an offset to the levy and collection of such taxes. Section 2. Serial bonds of the Town in the principal amount of $330,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose for which the said $330,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years, but the maturity of the bonds herein authorized to be issued, including any bond anticipation notes issued in anticipation of the sale of said bonds, shall not exceed five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. Section 4. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately and the Town Clerk is hereby directed to cause said bond resolution to be published, in summary, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33- a of the Consolidated Laws of the State of New York in THE SUFFOLK TIMES, a newspaper having general circulation in the Town and hereby designated the official newspaper for said publication. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #535 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an unpaid leave of absence under FMLA to a Town employee from July 23~ 2001 through August 23~ 2001. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. 7/31/01 6 #536 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste Management District 2001 TO: SR. 8160.4.400.625 SR 8160.4.400.840 SR 8160.4.400.100 SR 8160.2.500.450 SR 8160.4.100.125 SR 8160.4.100.500 SR 8160.4.100.580 SR 8160.4.100.600 FROM: SR 8160.4.400.650 SR. 8160.4.400.810 SR 8160.4.400.825 Vote of the Town Board: budget as follows: Tire Repair Haz. Waste Removal Engineering Radio Equipment Misc. Supplies Motor Vehicle Glass Maint. Ford Tractor Misc. Equip. Maint/Supplies $ Repairs CAT IT12 B C & D Removal Glass Removal Ayes: Councilman Richter, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. $ 1,000.00 $25,000.00 $ 987.40 $ 1,500.00 $ 500.00 $ 500.00 $ 5,000.00 1,000.00 $ 1,000.00 $32,987.40 $ 1,500.00 Councilman Murphy, Councilman Romanelli, #537 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to sign the 2001 Community Development Block Grant Agreement(s) between the Town of Southold and the North Fork Housing Alliance for the following projects: Housing Counseling Program Family Self-Sufficiency Program Housing Rehabilitation Program Rental Rehabilitation Program Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #538 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island Ferry District 2001 budget to cover shortfalls in the Terminal Proiect Line, as follows: To-' SM 5708.2 From: SM 1470.4 SM 1950.4 SM 5709.2 SM 5710.1 Terminal Project $107,299.00 Vote of the Town Board: Ayes: Councilman Richter, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. Town Attorney 5,000.00 Property Tax 13,832.00 Repairs Docks 30,000.00 Personnel Services 58,467.00 Councilman Murphy, Councilman Romanelli, #539 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Madallaya S. Incardona as a part-time Assistant Cook at the Southold Town Human Services Department, at a salary of $12.41 per hour, effective August 4, 2001. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #54O Moved by Councilman Romanelli, seconded by Justice Evans, it was 7/31/01 7 RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2001 budget as follows: A. 1910.4.300.500 From: A. 1990.4.100.100 Insurance, C.E. Boatsman's Policy Contingent Unallocated Contingencies Vote of the Town Board: Ayes: Councilman Richter, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. $1,681.00 $1,681.00 Councilman Murphy, Councilman Romanelli, #541 Moved by Justice Evans, seconded by Councilman Romanelli, it was BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31,2001, AUTHORIZING THE SECOND PHASE OF THE ORIGINAL IMPROVEMENT AND EMBELLISHMENT OF THE NEW PUBLIC PARK AND RECREATIONAL AREA ON THE LAND CONTAINING 13.85 ACRES~ MORE OR LESS~ ON THE WEST SIDE OF PECONIC LANE, HERETOFORE ACQUIRED AND NOW OWNED BY AND SITUATE IN, SAID TOWN; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $280,000, INCLUDING PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $280,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to improve and embellish the new public park and recreational area on the certain. piece or parcel of land containing 13.85 acres, more or less, on the west side of Peconic Lane, having been heretofore acquired and now owned by and situate in, the Town, including, but not limited to, a storage and restroom building, adult baseball field lights, asphalt paving of the parking lot, basketball/volleyball courts and lights, a playground, benches, bleachers, bike racks and tables and landscaping and grading of such area together with the equipment, machinery and apparatus necessary or appurtenant thereto, being the second phase of the original improvement and embellishment of such park and area. The estimated maximum cost of said specific object or purpose is $280,000, including preliminary costs and costs incidental thereto and the said amount of $280,000 is hereby appropriated therefor. The plan of financing includes the issuance of $280,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $280,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose for which the $280,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 19 of the Law, is hereby determined to be fifteen (15) years however, the Maturity of the bonds herein authorized shall not exceed five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board acting in the role of the Lead Agency, after having identified and considered the relevant areas of environmental concern associated with said improvement and embellishment of said park and recreational area authorized as hereinabove described to in Section 1 (the "Project"), has issued a negative declaration for purposes of the State Environmental Quality Review Act (" SEQRA"), Article 8 of the New York Environmental 7/31/01 8 Conservation Law, and has heretofore determined that the Project will not have a "significant effect" upon the environment, and has satisfied the requirements imposed by SEQRA. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds arid provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes-issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of-the provisions of the constitution. Section 7. This bond resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish this bond resolution, in full, together with a notice attached in substantially the form prescribed by Section 81.00 of the Local Finance Law in THE SUFFOLK TIMES, a newspaper published in Mattituck, New York, having a general circulation in the Town and hereby designated the official newspaper of the Town for such publication. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #542 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2001 budget as follows: To: A. 1620.4.400.200 A. 1990.4.100.100 Buildings & Grounds, C.E. Contracted Services Property Maintenance Contingent Unallocated Contingencies Vote of the Town Board: Ayes: Councilman Richter, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. $10,000.00 $10,000.00 Councilman Murphy, Councilman Romanelli, #543 Moved by Councilman Romanelli, seconded by Councilman Richter, RESOLUTION AND 7/31/01 9 ORDER AFTER PUBLIC HEARING WHEREAS, following receipt of certified copy of the Resolution adopted by the Board of Commissioners of the Fishers Island Ferry District, in the Town of Southold (hereinafter called "District" and "Town", respectively), in the County of Suffolk, New York, and the Petition of said Board of Commissioners, each dated June 18, 2001 and duly subscribed by the Commissioners of the District, requesting that the Town Board of the Town (herein called "Town Board"), call a public hearing to consider the increase and improvement of the facilities of the District, described as the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Town for District purposes, being the site of the existing ferry terminal, in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building, to be approximately double the size of the existing terminal, all as more fully described in the "Preliminary Engineering Report", dated May 31, 2001, prepared by Docko, Inc., licensed engineers, on file in the office of the District and the office of the Town Clerk of the Town, as well as original furnishings, equipment, machinery and apparatus required for the purposes for which said building and terminal are to be used (herein called "Project"), at the estimated maximum cost of $8,000,000, including the amount of $1,090,000 from the TEA-21 Program (Transportation Equity Act for the 21st Century) of the United States, in addition to the amount heretofore approved; up to $3,000,000 expected to be received from the United States Department of Transportation; up to $3,000,000 expected to be received from the FHWA and/or HUD for urban renewal purposes; and up to $2,000,000 expected to be received from the State of New York; and to finance that portion of such cost for which such grants are not available by the issuance of Town obligations in the principal amount of not to exceed $4,800,000, pursuant to the applicable provisions of the Local Finance Law, and that to pay the principal of and interest on such obligations as the same shall become due and payable, a sum sufficient therefor shall be levied and collected from the several lots and parcels of land within the District, in the same manner and at the same time as other Town charges; and WHEREAS, on August 15, 2000 the Town Board adopted the resolution, subject to permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from $500,000 to $5,000,000, as authorized pursuant to Section 4 of Chapter 699 of the New York Laws of 1947, as amended, and no valid petition requesting that a referendum be held thereon was submitted; and WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with and construction permits having been obtained from the Federal, State and local governmental entities having jurisdiction in this matter, including the Connecticut Department of Environmental Protection, the U.S. Army Corps Of Engineers and said City of New London (copies of which are available for inspection in the office of the Secretary of said Board of Commissioners, and in the office of the Town Clerk of the Town) the Town Board, in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is an Unlisted Action thereunder and, following preparation of an Environmental Assessment Form, it has been determined that the Project will have no significant adverse impact upon the environment and, further, the Town Board has issued a Negative Declaration and filed same with the Town Clerk; and WHEREAS, pursuant to the Order Calling Public Hearing, adopted June 19, 2001, a public hearing to consider the Project was duly held by the Town Board on the 19th day of July, 2001, at 1:00 o'clock P.M. (Prevailing Time), at the Fishers Island School, Fishers Island, New York, in the Town, and continued on July 17, 2001 at 4:30 o'clock P.M. at the Town Hall, 53095 Main Road, Southold, and on July 31, 2001 at 7 o'clock P.M., at said Town Hall, to further consider the Project and considerable discussion on the matter has been had and all persons desiring to be heard have been heard concerning the subject matter of the above referenced public hearing, as so continued, including those in favor of and those in opposition to the Project and the financing thereof; NOW, THEREFORE, in consideration of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to as the Project, at the estimated maximum cost of $8,000,000 and to finance such cost as hereinabove described, including the issuance of Town obligations in the amount of not to exceed $4,800,000 pursuant to the Local Finance Law; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and financed as hereinabove described and, further, that the Engineer heretofore retained by the Board of 7/31/01 10 Commissioners shall prepare specifications and make careful estimates of the expense of said increase and improvement of the facilities and with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor, which specifications, estimate and proposed contract(s) shall be presented to said Board of Commissioners as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing and improving such facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the principal of and interest on said obligations, shall be assessed, levied and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, without limitation as to rate or amount, sufficient to pay the principal of and interest on said obligations; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: July 31, 2001 Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #544 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of Southold hereby declares itself lead agency as there are no other involved agencies, in regard to SEQRA in the matter of the petition of Amerada Hess Corp. for a change of zone from M-1 Marine to B General Business on a certain property located at the corner of Main Road and Bay Road in Mattituck, New York. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #545 Moved by Justice Evans, seconded by Councilman Richter, WHEREAS a petition has been received from Amerada Hess Corporation for a change of zone from M-1 Marine to B General Business on a certain property located on the south side of Main Road (Route 25) and the east side of Bay Avenue, Mattituck, New York and identified as SCTM#1000-122-3-10; now therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #546 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of Southold hereby declares itself lead agency as there are no other involved agencies, in regard to SEQRA in the matter of the petition of Darrin Skrezec for a change of zone from R-40 Low Density Residential and HB Hamlet Business to LB Limited Business on a certain property located on the south side of County Route 48 in Peconic, New York. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #547 Moved by Councilman Romanelli, seconded by Councilman Richter, it was WHEREAS a petition has been received from Darrin Skrezec for a change of zone from Low- Density Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) on a certain property located on the south side of County Route 48 and one lot west of Peconic Lane, Peconic, New York and identified as SCTM#1000-74-4-14.1; now therefore, be it 7/31/01 11 RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #548 Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of Southold hereby en~ages the professional services of John M. Collins to draft a grant application for the Whitaker-Thompson House to the NYS Clean Water/Clean Air Bond all in accordance with the attached proposal and the Town Attorney. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #549 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of Southold hereby adopts the proposed changes to the Employee Handbook. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Su Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. #550 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold authorizes Town Clerk Elizabeth Neville to advertise for bids for the site preparation and construction of a compost pad on 17 acres~ more or less~ of the parcel commonly referred to as "the McBride Parcel" 1000-96-1-2 adjacent to the transfer station/landfill in Cutchogue, pursuant to specifications developed by the Solid Waste Coordinator. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #551 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of the Peconic Land Trust to perform various services related to the Town's land preservation efforts, subject to a negotiated contract with the Town Attorney. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #552 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of Southold hereby engages the professional services of Frank Islet for legal representation in the case of Paulette Satur Mueller v. ZBA of the Town of Southold et. al. and in the case of Cashy v. Gerard P. Goehringer, chairman, et. al. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #553 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Assistant Town Attorney Mary Wilson to attend the NYS Bar Association Municipal Law Section's Fall Meetin~ on September 28-30~ 2001 in Ottawa~ Canada. Expenses for travel, food, and lodging to be a legal charge against the 2001 Town Attorney Budget. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. 7/31/01 12 This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That is the end of our planned resolution as the result of our work session today. At this time I would be very happy to have any input from those attending in relation to any Town business. Who would like to address the Board? PAUL NAHAS: Good evening, everybody. My name is Paul Nahas, and I live on Wells Road in Peconic. Just to clarify that I am not talking about Wells Avenue here in Southold. We have residents over on Wells Road a severe road problem, and after sitting through this meeting I kind of glad it is a road problem, and not a rooster problem. Recently, this spring as a matter of fact, we received Suffolk County Water down our road. In an effort to coordinate the effort of the water mains coming down the road I wrote a letter to Mr. Jacobs back in January, and I think you all have a copy of that letter. Do you all have a copy of that letter? Basically I asked if Mr. Jacobs would coordinate that effort because I am sure he had more experience than any of us with this type of a project. I asked in that letter if some reason the things that we were trying to address could not be done if he would let me know by the end of February. I tried to give him enough leave time on that. I never heard anything back from him, so I assumed these problems were going to be addressed. We have two problems on Wells Road. One is the road itself, and another is the runoff from the road into the creek, Richmond Creek. When the lines were completed and installed, I guess it was June I tried to get hold of Mr. Jacobs, and it is very difficult to get hold of him to see what was being done as far as the road construction. At that point I started getting information from his staff. I spoke to a Chuck over at the Highway Department, and I also spoke to Jamie Richter, and I got the information that the road wasn't going to be repaired. At that point they were even sure it was going to be tarred and stoned. Okay? I set up a meeting with Jamie Richter for sometime in July, and what happened was before I went away I found out that it was going to be tarred and stoned. I wasn't really happy with that, because I thought the road needed more than that. What I did I called people at New York State DOT up in Albany, and I spoke to them about the tar and stone. This people just specialize, the people I spoke to all they do is specialize in resurfacing of roads. They do nothing else for the State. They write specifications for OGS State contracts and everything else. According to them if you don't have a good base to work with the tar and stone does absolutely nothing or just about nothing for the road. You might just as well throw your money out. It is the same as if you took a termite-infested board, filled up the holes, and painted it. You know, two months later you are going to have the same problem right back. Now, our road has been tarred and stoned in '98, last year 2000, and again this year. I have pictures of the road and also of the runoff, so you can take a look. You can see after the road was tarred and stoned just last summer, six months later in January we had the same problem back again. You know you look at the runoff in those pictures, and you can see in Richmond Creek itself you can see the sediment from the road just flowing right into the creek. It is sad. The only thing I think of is an ad years ago where you had the American Indian looking at all the litter around them. Do you remember that ad? And a tear coming down his eyes, and you know what? When we see that kind of sediment running into our creeks we should feel the same way. SUPERVISOR COCHRAN: Is some of the water coming off the farm field onto the road? That is what this looks like. PAUL NAHAS: Yes, some of it is coming off the farm field. Some of it comes off the Main Road. I believe we had gotten State funds a couple of years ago from some sort of a Clean Air, Clean Water Bond Act, and it was to address some of the problems on the Main Road where they put in drainage ditches and stuff like that. But, you know, I look at us trying to preserve farmland, and I think it is great that we are trying to preserve what we have, but you what we gave to look at what we already have, and try and preserve what we have. I mean there is probably nothing more important to this area than the creeks and all the waterways around this area. That is what makes this place unique. Okay? As far as the road is concerned I tried to address the problem, and I called Mr. Jacobs on July 16th, and he kind of conveyed to me that he doesn't have enough funds to really handle the roads in Southold. They are not given to him properly. He has to scrimp and use old equipment and stuff like that, and he really doesn't pave side roads. The only roads that get paved are main roads. You know I listen to him I said, well, that made sense. You know maybe it is the road that everybody uses, but then I was told to go take a ride up Eugene Road to Nassau Point, and I did that, and taking Eugene Road to Nassau Point you can see all of Nassau Point has been done. That was part of a project, part of the Water Authority, they paid for that, but it is coordination. It is up to the Town to tell the Water Authority how we want these lines installed, and to coordinate that effort. So, this is what I have been told by the Water Authority. 7/31/01 13 SUPERVISOR COCHRAN: They say a lot of things. PAUL NAHAS: Let me save you some time, because it is getting late ! know. Forget about Nassau Point. Along my road going up Eugene and everything if you look at all the side roads, Moose Trail, all in Beebe to the end, and also Deer Foot Path, and then you go down to Haywaters and Broadwaters all of those road are done as well. They are all roads similar to ours where they are not main roads, they are dead ends, and they were in the same condition as ours or worse. Okay? So ! called up Mr. Jacobs on the 27th and ! said, you know we had spoken on the 16th, and ! am trying to really understand. You had said something about just the main road being done, and that ! know these roads weren't done entirely by the Water Authority. It was a cooperative effort in the paving of these roads. ! said to him, ! wanted to try and understand what was going on. At that point Mr. Jacobs said, he is tired of talking about this, and ! got the phone hung up in my ear. Now, ! have never heard anything but good things about Mr. Jacobs, and ! don't know what is going on. SUPERVISOR COCHRAN: ! never heard of him hanging up on anyone. PAUL NAHAS: That is totally unacceptable by any person. SUPERVISOR COCHRAN: Number one, ! have to ask some questions. You are going over things, and ! don't want to lose them as you go along. Number one, the Water Authority put pipes down Wells? They have to get permission from the Highway Superintendent to place them in our right-of- ways along our roads. After the dig the roads up they have to redo and repave the road. Why didn't they repave the road? PAUL NAHAS: They will pave part of the road. SUPERVISOR COCHRAN: Where the pipe was laid. PAUL NAHAS: Where the pipe was laid, but even that didn't get done on our road, and also, when they request authorization to use the right-of-way the Town of Southold can say, no, we are not letting you use the right-of-way. We want you to lay the entire main line in the road, and then that puts the burden on the Water Authority to say, okay, now we have to refurbish the entire road, instead of just part. SUPERVISOR COCHRAN: They usually do. PAUL NAHAS: Well that is why we didn't know what was happening. COUNCILMAN ROMANELLI: ! think that is where your complaint comes from because usually the Water Authority, ! have to say, it is not three months after the pipe goes in, but within a year after that pipe goes in that road is usually in better shape before they dug, and ! will stand in their corner on that one. But ! guess that is the problem here. They laid the pipe and the road wasn't put back to the shape that it was in or better than it was before it was dug. PAUL NAHAS: We put in the Highway Department saying that they probably knew what was best to do. Now, maybe ! am wrong but the best thing looking at it in hindsight not having gone through this before would be to put the mains in the entire road. Later on you don't want to deal with mains half in the right-of-way, half in road. You want to know it follows a straight path ! would think. Not only that you are getting compensated to redo the road. You are getting compensated a lot more money because it is more expensive for them to repave the road or give you a percentage of repaving the road than it is to fix the right-of-way. COUNCILMAN ROMANELLI: They don't pay us to redo the road. PAUL NAHAS: Let me just answer his question. If you don't want them to pave the road they will give you funds comparable to what it would have cost them. An example of that is Wells Avenue here. Mr. Jacobs according to the Water Authority took money to correct drainage problems on Wells Avenue a year or two ago. Okay? So, they do give money depends on how you work it. COUNCILMAN ROMANELLI: ! am unaware of that. ! am going to look into that. ! have never heard of that. 7/31/01 14 TOWN ATTORNEY YAKABOSKI: Just to clarify you are saying the Water Authority has told you that if they come down a road, and that road could have been oil and stone beforehand, that the Highway Superintendent tells them after they have done putting the highway, that they will go back and put any type of surface on there? PAUL NAHAS: No, I am not saying that. TOWN ATTORNEY YAKABOSKI: I was just trying to clarify it. PAUL NAHAS: What I am saying if you look in Haywater and off Broadwater, Beebe, and all those areas there that was the same kind of road we had. TOWN ATTORNEY YAKABOSKI: The service was the same prior to .... And they put a different type of surface on top? PAUL NAHAS: Right. A paved surface. TOWN ATTORNEY YAKABOSKI: You mean a tarred surface, and before had been oil and stone? PAUL NAHAS: Correct. What ! am saying is whatever they had worked out with them there they should have worked out with us here, or whatever they worked out in Nassau Point. ! don't know how that worked. ! mean they ran the entire, ! guess, main in the road on Nassau Point, and obviously the Water Authority picked up the entire course of repaving Nassau Point. That is my understanding. TOWN ATTORNEY YAKABOSKI: From the Water Authority? I am just trying to figure it out. PAUL NAHAS: Yes, and according to Mr. Jacobs they paid for that. So how that was worked out ! don't. That is what ! was trying to find out when ! got the phone slammed in my face, and you know ! am trying to work with the Town to try and understand how this done, or to help the Town say, okay we need to coordinate this a little better. We might be losing out on a lot of money. SUPERVISOR COCHRAN: Money from who? PAUL NAHAS: From the Water Authority depending on how the mains are laid. Do you understand what ! am saying? SUPERVISOR COCHRAN: I know for a fact that the Water Authority is created by the State of New York. It has nothing to do with Suffolk County, although it has the name Suffolk County Water Authority. I also understand they can come into any area and lay pipe anywhere they want. PAUL NAHAS: Not true. SUPERVISOR COCHRAN: Yes, they can. PAUL NAHAS: That is not what they told me. SUPERVISOR COCHRAN: Believe me. They can come in and lay pipe anywhere they want. We are having some difficulty with them right now, because there are some places they are laying pipe that is not on our water, so believe me. Usually when they lay pipe they are responsible for redoing the road after the laying of the pipe. If they replaced Nassau with asphalt evidently it was asphalt previous to that. ! am not going to argue your roads are terrible condition as it is. You said your road prior to was tar and stone. PAUL NAHAS: So were those other areas ofBroadwaters, Beebe and those areas. They are dead end. Their roads were worse than ours, and ! don't understand exactly how that works. We have patient year after year. We have gotten stoned three years out of four. Okay? We are tired of getting stoned. We want something that is acceptable. We don't want the Town to waste their money. If the State Department of DOT that just does resurfacing says, and ! will give you the names and the numbers, says, you are wasting your money, it is only to extend the life of roads with good bases, we need to know that. Okay? SUPERVISOR COCHRAN: Okay. 7/31/01 15 COUNCILMAN MURPHY: If I could just say something. You addressed two problems really. Number one, the road surface issue, and also the road runoff issue. Road runoff in town is a terrible problem, all over town. It is something we started to try to address as far as passing a bond issue for road runoff projects, and working with the Trustees and started to get some of these projects done. To tell you are road runoff will be done next year, or the year after, no, ! couldn't tell you that. But it is priority all over town to address water runoff. PAUL NAHAS: That is all I ask for, and I ask, is it being done. I mean, you can't look at the overall problem you have to look at let's do one road at a time, or let's get a bond issue, and do them all. SUPERVISOR COCHRAN: It is a combination. There are some being done. We are looking for grants, and there has been a bond issue. The Trustees were in a couple of months ago in relation to any funding for one they were working on. Are they being done as fast as we would like? No, but the Trustees are working on it as quickly as they can, and it wouldn't hurt if the neighbors and the people down there wrote letters to the Board of Trustees, who are responsible for this area, and request that on a heavy rainfall they come and see the situation you are living with, because you have a mess down there. You have a mess all along the road. You can see. ! have lived here fifty-one years, and you know, ! have seen that lot flood down there, and some of the other things, and it has always been a low spot and a flooding spot. But, it is your road. PAUL NAHAS: We still have bails of hay sitting there. It is funny when you do construction the construction companies have to put the bails of hay down. Okay? To prevent the runoff, and now it is over, and you would like to get those bails of hay off, and you have mixed feelings. You say, gee, it looks like a mess, but maybe it is doing something. SUPERVISOR COCHRAN: ! will call the CEO of the Water Authority tomorrow, and try to find out why the road wasn't redone in the way it should have been. Usually like we say, they leave it better. They will put the pipe in. Sometimes it takes a year before they will do the blacktopping because they wait for these pipes and stuff to settle. This is the story ! get. ! will find out. PAUL NAHAS: When ! mentioned to Mr. Jacobs about the roads off of Eugene going to Nassau Point, and ! was trying understand why that was happening. He said, well, ! wanted it to look nice in there. ! said, that is not what ! said the week before. You said you wanted to just do the main roads, and that was end. SUPERVISOR COCHRAN: Okay, ! am not here to defend. As far as our Superintendent of Highways he is elected by the public, he is responsible to the public. PAUL NAHAS: All ! am saying is we would like to get some answers. SUPERVISOR COCHRAN: Okay, ! will start with the Water Authority, and ! will also talk with Mr. Jacobs tomorrow. He has filled me in part. PAUL NAHAS: Thank you very much. ! really appreciate it. SUPERVISOR COCHRAN: ! have your mailing address. Do you want to give me your phone? ! am sure ! have in the office. Good. Yes, ma'am. MAUREEN RINGOLD: Hi, ! am Maureen Ringold and ! also live on Wells Road, and a few of us did meet last week with Jamie Richter, the Town Engineer concerning this problem. One thing that ! believe that he mentioned to us that the reason we got tar and stone first before anything else was because that was in the hands of Mr. Jacobs. He was the one to make that decision, and you know, we take issue with that because we don't really feel that he really evaluated our problem, and as you can see there is a problem down there, and it might have dealt with in a better fashion than coming over and trying to put a band-aid on problem. SUPERVISOR COCHRAN: ! don't make any guarantees because they are not my roads. They are Mr. Jacobs' roads. MAUREEN RINGOLD: Right, but again as far as the funding of that is concerned ! got the impression that it was a mutual thing, that the Water Authority donates so much, and the Town 7/31/01 16 department donates, and that is why Mr. Jacobs said he didn't have enough money. Right? Isn't that what we were led to believe. SUPERVISOR COCHRAN: In the Budget each year we put a certain amount of money in relation to resurfacing highways. They can't all be done at once. We certainly don't have that much money in our small community. MAUREEN RINGOLD: But, there have been quite a few that have been. (tape change.) BEN KOWALCHUCK: I live on Wells Road. My name is Ben Kowalschuck, and I agree with all the remarks that Paul said about the road, and I am really concerned about the runoff also. Like this spring I took my boat out. I have a new boat, and luckily the boat has an alarm when the water system gets clogged up, and I only went about 200 yards from my dock, and my engine was overheating, so I lifted it up. It was all full was cabbage, the creek seaweed, which I call cabbage because it looks like cabbage or spinach, and if you try and go out on low tide you have a problem with that. It is getting serious. I have been living on Wells Road for eighteen years, and every year it seems there is more growth every year in that creek. I like to change the subject. I drive to Peconic Post Office every day down Wells Road, go down Peconic Lane, and observe the parks. Nice Tasker Park, which I want to congratulate the Town Board you put up. You see all the family activities. You see children playing in the park. You see adults in the park. You see people playing tennis. It always seems to be utilized, and people are enjoying themselves. I look at the other side of the street, the west side and I see a galvanized tub. It reminds me of the old farmers watering tub, that they used to water the cows and horses, and see stands, but I don't see any people participating there. It is empty. SUPERVISOR COCHRAN: We are Recreation meeting this Wednesday. There are lots of leagues that are waiting, and kids that are waiting, and we have to allot the time and get the organization of it. That is a roller rink hockey for kids. BEN KOWALCHUCK: The other day I saw one person and one car. SUPERVISOR COCHRAN: Very shortly we will see many more people there. BEN KOWALCHUCK: I would like to make a suggestion. The northwestern section of that park, of that area, I won't call it a park, but that area, I know a lot of people like to play golf here. SUPERVISOR COCHRAN: I know what you are going to say, because everybody wants a driving range. BEN KOWALCHUCK: No, I don't want a driving range. I want like a little pitch and putt with a sand trap. It would also be great for children, not only us old folks. I know some of my neighbors would like to take their kids to play. SUPERVISOR COCHRAN: The west side is pretty much laid out, because the football field has been moved over there, because overburdened Tasker side. That is why we bought the other side, and we put the track around the entire piece of property because that came from people our age, your age, not ours, to walk and run around the track if you don't like walking on the highway. We have basketball courts, which we just bonded for that will be put in there, and some volley ball courts. If you could give me any information on a little putt thing, and how much room it would need we could talk about it. BEN KOWALCHUCK: I will work it out, and I will talk to the pros at one of the golf courses, and see if they have any suggestions. SUPERVISOR COCHRAN: We have talked about it, and we just now are developing the site. BEN KOWALCHUCK: Nothing elaborate just a pile of sand, and you don't need any putting greens, just cut the lawn once in awhile. SUPERVISOR COCHRAN: A putting green would be nice. BEN KOWALCHUCK: That's too expensive I realize that. Thank you for your time. 7/31/01 17 SUPERVISOR COCHRAN: Get that information to me. Sir? ROBERT RINGOLD: Good evening, I will be quick because I know everybody wants to get home, but Mr. Nahas said it all. He really did. There is not too much more to add. My name is Robert Ringold. I live on Wells Road. I just want to add one thing that wasn't mentioned tonight. When the stones and tar get laid on that road it is the dirtiest thing for everyone there, or over the next two or three months. If you take any pride in your cars they are terribly dirty at the end of each day. I mean you are either washing them every other day, or every day. Dust is getting all over your homes and your screens. The children, which we now have several on Wells Road, going through the next generation on Wells Road, they can't roller blade. They can't ride their bikes. They are sliding all over coming in, possibly raspberryed up at times, and it is just one big mess, and in conclusion I have lived on Wells Road for 23 years. For 23 years many of us, who have been there that long have had to put up with this. It is time. It is time to use your influence to get us the macadam so that we can resolve all the problems that were mentioned tonight. In addition, I happened to take a ride, my wife and I, on Main Road the other night, made a left on Cedar, and saw what a wonderful job the macadam was laid down along that course along with all the side streets. So, I don't know what happened to Wells Road, but please, try and get us a better situation. Thank you. SUPERVISOR COCHRAN: Anyone else in relation to Wells? BROWNELL JOHNSON: My name is Brownell Johnson. I think for brevity purpose instead of having the dozen people each come up to the microphone, I am sorry if, Paul, that was plan, maybe can we stipulate that there are twelve residents who support Paul Nahas. You said you wanted many letters, or whatever, a count for different issues. Can we do that so we are here a shorter amount of time, but with the same impact? Is that okay? SUPERVISOR COCHRAN: That's fine. Yes. Thank you. BROWNELL JOHNSON: Number two when you look at Wells Road, please, go to the very end and you can see the stones that were washed into Richmond Creek by the Suffolk County Water Authority when they cleared the mains twice. So, the same thing that would happen they just ran it for a day, and then ran it for another day, and if you look there is a lot more of our stone that washed right where the kids launch their boats, and kids go for killies and things like that. SUPERVISOR COCHRAN: I just went to look at another place. BROWNELL JOHNSON: It is kind of sad because when we moved there you could walk right into the water, and now there is a significant difference. I don't know if Paul captured those in his pictures, but I prayerfully consider that you accept this brevity approach. SUPERVISOR COCHRAN: Thank you. MIKE FANDREY: Whenever you use this tar and stone on any other roads the State in the New York State contract, and I don't know if you use the New York State contract, or we use our own contract that we make up or whatever, but if you look in the New York State contract to show that it is used just on extending the roads life of good roads, there is a one year guarantee on that. So, in other words if a road is done it is at the contractor's expense to come back if it doesn't hold up. You know, if we are not doing that it is our fault because we are doing it on the wrong kind of road, and secondly, I just want to say quickly, if you do drive down the road to look at the situation, please, don't just look at the surface of it that you are look as being filled in, and painted like you would a piece of wood. Look at the road surface, you know, the contour of the road. ANN PHILLIPS: My name is Ann Phillips, and I live on Deerfoot, and they had just resurfaced that, and that was asphalt. It isn't anything else. I just wanted you to know that. COUNCILMAN MURPHY: Ann, is that asphalt originally, and then re-asphalted? ANN PHILLIPS: Yes. SUPERVISOR COCHRAN: That is when the Water Authority tears it up they are responsible for putting back the same surface. 7/31/01 18 ANN PHILLIPS: Yes, they put back the same. I am not saying that it is great but you know it isn't anything else. Thank you. SUPERVISOR COCHRAN: Anyone else on Wells? (No response.) Anyone else like to address the Town Board on any Town business? FRANK CARL1N: Frank Carlin from Laurel. ! have a couple of questions, and a couple of food for thoughts. ! will try to make it quick. John, this is for you, or Greg, one of the two. Why aren't you given more reports on the progress of the animal shelter? Why aren't letting us know what is going on? COUNCILMAN ROMANELLI: You haven't been here. FRANK CARL1N: No, that is beside the point. ! mean ! have looked at the Board meeting and very seldom even in the paper. Come on don't give an excuse now. In the paper even, what is your progress? ! mean, how are coming along with this thing? Where do stand? Let the people know. COUNCILMAN ROMANELLI: There was an article in last week's paper, and it has been talked about at every Town Board meeting that you missed, so ! will fill you in. The bid spec has been put together. We are sending out RFP's to get information back. We have several meetings with the volunteers in the shelter. We have gone over the plans, the layout. We have met with a couple of veterinarians. It has progressed rather nicely. It is at a final stage of putting the bid package together. FRANK CARL1N: Okay, you are saying that now, but try to keep the people up, ! mean the progress of this thing, because you know it is coming on wintertime, and then when you do get something, well, we can't do anything now it is winter, so we can't do anything until next spring. COUNCILMAN ROMANELLI: You know we discussed that at one of the shelter meetings about the time schedule. FRANK CARL1N: You know, John, you people made this report up back in March, you should have a rough idea of what you want to do by now. You should have a rough idea of what you want you want to do by now. SUPERVISOR COCHRAN: Frank, we are moving along. FRANK CARL1N: Let the people know. Please. Bring us up to date more. Where is this money at right now? Is it in the bank collecting interest, or what? SUPERVISOR COCHRAN: In the bank collecting interest in the General Fund. FRANK CARL1N: Collecting money in the bank. You know if ! were Mr. Ryan ! would be wondering. ! would be calling you up. What going on here. What is the progress of this deal? SUPERVISOR COCHRAN: Mr. Ryan? COUNCILMAN ROMANELLI: Mr. Raynor, we keep him updated. FRANK CARL1N: Mr. Raynor, keep everybody else updated, too, in the town. One for you, Madam Supervisor. The Laurel School is going to have a day care center, which is fine. It is privately supported. But they also came to you, ! believe, and a Learning Center for a donation or $40,000 to $60,000 for a donation. Is the Town going to give it to them, or is that going to come from the State? SUPERVISOR COCHRAN: Any funds like that, that we give comes down through Community Development. FRANK CARL1N: Not from the Town? Ed Siegmann is interested to know this answer, too. He isn't able to be here tonight. ! would like to know, because this was in the paper, in one of the local papers. They requested the Town for funding to help with this maintenance that we are having problems with, which we passed, and you are looking at $60,000. Is this going to come from the Town, or is it going to come from the State? That is what ! want to know one way or the other. 7/31/01 19 SUPERVISOR COCHRAN: One way or another I can't answer you right now on that one because I met with them and Jim McMahon, and ! asked Jim to see if there were any funds available in Community Development? Community Development, Federal Funds, they come down to the town. Now, we haven't gotten that far with an answer if he can find money anywhere. You know, this is something that you don't plan ahead and put $60,000 in the budget to give away. Number one, we don't give grants in the community. We have done away with the grants program, but Community Development Funds, and ! think the ones for this year we just passed on a resolution tonight. Which one was it? FRANK CARLIN: Why should we give Community Development? SUPERVISOR COCHRAN: Most of the money has been given to the North Fork Housing Alliance, and it is used for Perry Day Care and some other things. FRANK CARLIN: Why should we give Community Development Funds to the school for? That school should have been closed down. That why we built the $15,000,000 in Cutchogue. Close that school down. If they want to have it open as a day care center, fine, if they are self-supported, but don't use the taxpayers money from this town hall to give them a donation of $60,000. SUPERVISOR COCHRAN: Frank, go to your school board with complaint. FRANK CARL1N: No. SUPERVISOR COCHRAN: And as far as they shouldn't be using the school, or they should, that is not our jurisdiction. FRANK CARL1N: My question is, is the Town ever going to give them the $60,000, which ! don't believe you should? SUPERVISOR COCHRAN: ! don't think we are at this point. We do not have the money. FRANK CARLIN: Okay, we shouldn't. State funding, fine, but not from the taxpayers, not from the taxpayers. That is for sure. Here's another question. Is Bennie Orlowski a part-time employee, or is he full-time? SUPERVISOR COCHRAN: Bennie is head of the Planning Board, and he is paid so much a meeting, and then ! think it is $2,000 to serve as Board chairman. He gets a set stipend for the year. FRANK CARL1N: So, he is required to work full-time at the Town Hall. COUNCILMAN MURPHY: No, no, no. FRANK CARLIN: Okay, now, you said last week you want to hire somebody for two days a week, give them $80.00 an hour for two days a week, which comes to $1,280. a month, comes to $66,560. per year, because they are falling behind on their work. This man or woman would help out. That is why you have to hire somebody part-time. So instead of hiring somebody for $80.00 an hour at $66,560 a year why not have Bennie Orlowski have it full-time, and adjust his salary, give him salary that he gets put full-time in there, and you wouldn't need to hire somebody part-time, and pay him $80.00 an hour. COUNCILMAN ROMANELLI: He has another full-time job. FRANK CARL1N: I don't know how you people spend your money, but $80.00 an hour for anybody to me is a lot of money. COUNCILMAN MURPHY: Frank that is just a stopgap measure until we can hire somebody. That is all that is. FRANK CARL1N: Yeah, ! guess so. It is a stopgap measure, $80.00 an hour. There is one more question ! want to go over. In this town to build a new house you have to have a building permit, right? After the building permit you have to have a CO. After you get your building permit, and your house 7/31/01 20 gets built you get your CO. Correct? It is fine. Why do you have to have a building permit and a CO when you go to sell a house? That is double. That don't make sense to me. You already got your CO. COUNCILMAN RICHTER: If you already have that is all you need. FRANK CARL1N: Why is that are requiring people who want to see their house, and ! know a couple of cases already, that requires a CO? COUNCILMAN ROMANELLI: The banks require a CO to lend money on a home. A lot of times in order to get a CO it is an old CO, twenty-five, thirty years old. The bank then require that a re- inspection is done of the premise in order for them to give a mortgage on the home. A lot of time over that time period homeowners add on to the house, add a deck. They do things without permits. FRANK CARL1N: Okay, ! can understand that. COUNCILMAN ROMANELLI: So, then they have to get a permit in order to get the CO. ! mean it is really the banks that are requiring the people to get the CO. If you want to buy a house for cash, and you don't use bank, you don't need a CO. It is the banks that are requiring the CO's when they go to lend the money. FRANK CARL1N: You don't need the Town then. COUNCILMAN ROMANELLI: What was that? FRANK CARL1N: Do you need the Town to okay it? COUNCILMAN ROMANELLI: You need the Town to give you a CO. That is what the bank requires. FRANK CARL1N: Let me ask you a question. Supposing you have a house that is real old, that is 100, 150 years old. It was built way back. It is almost historic. At that time there wasn't no zoning, had no cellar in it. Somebody wants to sell it. The inspector goes down there. ! can't inspect this. ! can't see beams underneath there or anything. ! can't see the condition of the house. What are you supposed to do? COUNCILMAN ROMANELLI: Supposed to get an engineer. TOWN ATTORNEY ROMANELLI: Frank, that is a pre-CO. You apply to the Building Department. You prove that your house was built before zoning, 1957, you get something called the pre-CO. FRANK CARL1N: Okay, what does that prove? COUNCILMAN ROMANELLI: A pre-CO is you didn't need a CO prior to 1957. You get a pre-CO then. FRANK CARL1N: You are cleared then? TOWN ATTORNEY YAKABOSKI: Correct. COUNCILMAN ROMANELLI: There is something fishy here. SUPERVISOR COCHRAN: ! think you had better come in, and see somebody. FRANK CARL1N: ! think so, Madam Supervisor. ! think ! had better. You know what ! am talking about. SUPERVISOR COCHRAN: Yes, I do. FRANK CARL1N: Thank you very much. SUPERVISOR COCHRAN: May I have motion to adjourn? 7/31/01 21 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that this meeting of the Southold Town Board be and hereby is adjourned at 8:56 P.M. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Louisa P. Evans, Supervisor Cochran. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk