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HomeMy WebLinkAboutTB-09/11 & 09/17/2001SOUTHOLD TOWN BOARD SEPTEMBER 11, 2001 Present: Supervisor Jean W. Cochran, Justice Louisa P. Evans, Councilman William D. Moore, Councilman Brian G. Murphy, Councilman John M. Romanelli (present only for landfill discussion, then on vacation); Councilman Craig A. Richter, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski. 9:00 a.m. Appointment (9:25 a.m.) Tom Maher, Dvirka & Bartilucci, Engineers and Solid Waste Coordinator James Bunchuck re: landfill closure. Mr. Bunchuck presented the Town Board with an "Estimated Budget Status for SWD Projects" which he received from Comptroller John Cushman with the advisement that it had not yet been gone over with a fine tooth comb. He reported that a meeting was held last week with Councilmen Romanelli and Richter with regard to landfill and composting projects and a lot of questions came up that will have to be gone over soon. One item of particular concern is the access in and out of the landfill and to the future compost site on the former McBride property, which may require the construction of special roads over the cap. Also raised was the long-standing issue of finding alternative exits from the property in order to reduce the number of accidents at the landfill. If Cox Lane is to be used for exiting, Councilman Romanelli suggested the idea of swapping the Town's right-of-way on the northern boundary with Corazzini for an equivalent right-of-way along Corazzini's southern boundary. This would be a more appropriate entry/exit point for vehicles using the transfer station, and would require less road construction on the cap. It was felt that the entrance should be kept where it is because of the scales. The residential users will exit onto Cox Lane and the commercial users will exit onto Depot Lane. A berm will be built next to the residential properties and the church. Mr. Bunchuck will contact these property owners to apprise them of the Town's plans. Councilmen Romanelli and Richter will meet with the Depot Lane subdivision property owners. Councilman Romanelli will also contact Corazzini. Mr. Bunchuck went over the estimated budget status chart with the Town Board. He explained that the costs for engineering have been increased and is now around $700,000.00 10:03 a.m. It was reported that the World Trade Center in New York City had been bombed. This Town Board meeting was cancelled at this time by Supervisor Cochran in order to initiate the Emergency Preparedness Plan for the Town of Southold in her role as Emergency Coordinator for the Town of Southold. SOUTHOLD TOWN BOARD SEPTEMBER 17, 2001 (Re-scheduled from 9/11/01) Present: Supervisor: Jean W. Cochran, Councilman William D. Moore, Councilman Brian G. Murphy, Councilman Craig Richter, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski. 9/11/01 2 Absent: Justice Louisa P. Evans; Councilman John M. Romanelli 9:00 a.m. The Town Board reviewed the IV. For Discussion Items as follows: IV. 1.Town Hall Renovation. Councilman Richter advised that this was the subject of discussion at the August department head meeting. He did this to apprise everyone of the direction we were headed in and also to get some suggestions. The Whitaker-Thompson House Committee has decided that the house can be saved with some grant money. Mr. Richter stated that with all of the bonds that are already out there for various purposes, they are going to keep this project as simplistic and cost-effective as possible. He feels that the best plan would be to extend the rear of the east end of the existing building as far back as we could go. A new justice court /meeting hall would be housed there with two entrances one for the courtroom and one for the public meeting room. The Building Department, Planning Board, Zoning Board of Appeals, and Assessors would also be located in the new wing. The Zoning Board of Appeals Office would become the Town Clerk's Office and a Fire-Lock Vault would be added in the Town Clerk's Office to house the vital records and valuable documents that would be needed to operate the Town in case of a disaster. The current meeting hall would contain the Receiver of Taxes and a conference room. The Supervisor's Office could expand into the current conference room, and the Town Attorney could expand into the Receiver of Taxes Offices. The only ones that would be displaced would be the Justice Offices. Supervisor Cochran will call the Suffolk County Water Authority this week about their building on Boisseau Avenue. She cautioned that there are a lot of drainage rings in the east end rear parking lot that would have to the moved elsewhere if they chose to go in this direction. On motion by Councilman Craig Richter, seconded by Councilman Brian G. Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 9:25 a.m. for the purpose of discussing contracts. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was declared duly ADOPTED. On motion by Councilman William Moore, seconded by Councilman Craig Richter, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session at 9:35 a.m. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was declared duly ADOPTED. 9:37 a.m. The Town Board continued discussing IV. For Discussion Items as follows: IV. 2. Request for support of Senior Housing Project. Supervisor Cochran stated that she does not support it because it would disrupt the business area of Cutchogue village and it is just too big of a project for the area. Councilman Brian Murphy said that he has a problem with it too. The access to the property on to the Main Road would disrupt the village of Cutchogue. He said that the access would have to be changed to the north end out to Depot Lane and that traffic lights would be needed at both ends of Depot Lane. He said that this would be the only way he could support it. He could not support it now with the size of the project, but if the concept was changed, he could possibly support it with the access changed. Supervisor Cochran said she would want it to give preference to those who work and live in Southold to be the first ones to be accepted. However, she feels that it is inappropriate that close to the business district and it is too large and overwhelming. Councilman Moore said he would like to see the project target the young people as well as the senior citizens. Councilman Richter agreed with the comments of the other board members. All of the Town Board members voted no on this project that they would not support it. The way it is projected it is something that they just don't want. Supervisor Cochran said that they really didn't need a resolution. She will send a letter stating that it is no longer under consideration. Attorney Gall Wickham presented a letter to the Town Board also not supporting this project in its' current concept. Supervisor Cochran said that she would talk about this project tonight at the public meeting, as well as the other Town Board members would voice their comments. IV. 3. Family Service League proposal was discussed by the Town Board. It was felt that this was not a negotiable item. It is just something that is given to the employee for the benefit of all concerned. This service is already provided through our medical insurance. Another company is not needed to provide the same service. Supervisor Cochran will send a letter advising the them of the Town Board's decision. IV. 4. Receiver of Taxes request for increase in office salaries. The Town Board stated that it was not appropriate at this time. It will be discussed at budget time. 9/11/01 3 9:50 a.m. The Town Board reviewed resolution numbers 621-652 to be voted upon at the regular meeting. Resolution number 621 was put on hold for the next meeting on September 25. Resolution numbers 625 and 626 will be discussed in Executive Session. It was noted that the public hearings were re-advertised in September 13th edition of the Suffolk Times and therefore were back on the agenda to be heard later this afternoon at the regular meeting. 10:01 a.m. The Board called for a short coffee break at this time. On motion by Councilman Craig Richter, seconded by Councilman William Moore, it was RESOLVED that the Town Board of the Town of Southold hereby enter into Executive Session at 10:12 a.m. for the purpose of discussing personnel - a particular person, contracts - landfill. Vote of the Town Board: Ayes: Councilman Craig Richter, Councilman Brian G. Murphy, Councilman William Moore, Supervisor Cochran. This resolution was declared duly ADOPTED. On motion by Councilman Brian Murphy, seconded by Councilman Craig Richter, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session at 11:06 a.m. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was declared duly ADOPTED. This executive session and work session ended at 11:06 a.m. REGULAR MEETING SEPTEMBER 17, 2001 (Rescheduled from 9/11/01) 4:30 P.M. A Regular Meeting of the Southold Town Board was held on September 17, 2001, at the Southold Town Hall, Southold, New York. Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge of Allegiance led by Town Clerk Neville. Present: Supervisor Jean W. Cochran Councilman William D. Moore Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Absent: Councilman John M. Romanelli Justice Louisa P. Evans SUPERVISOR COCHRAN: May I have motion to approve the audit of bills of September 17, 2001. Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in the amount of $392,834.41; General Fund Part Town bills in the amount of $22,364.48; Community Development Fund bills in the amount of $10,000.00; Highway Fund Whole Town bills in the amount of $64,293.20; Highway Fund Part Town bills in the amount of $35,905.78; CHIPS (Highway Part Town) bills in the amount of $33,468.60; Capital Projects Account bills in the amount of $765,517.69; Landfill Cap & Closure bills in the amount of $100.00; Computer System Upgrade bills in the amount of $154,195.81; Employee Health Benefit Plan bills in the amount of $6,731.65; Fishers Island Ferry District bills in the amount of $57,124.87; Refuse & Garbage District bills in the amount of $91,455.25; Southold Wastewater District bills in the amount of $1,683.70; Southold Agency & Trust bills in the amount of $4,208.88; Fishers Island Ferry District Agency & Trust bills in the amount of $733.29. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. 9/11/01 4 This resolution was duly adopted. SUPERVISOR COCHRAN: A motion to approve the minutes of the Town Board meeting of July 17, 2001. Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the minutes of the July 17, 2001 Town Board meeting be and hereby are approved Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. SUPERVISOR COCHRAN: To set the next Town Board meeting for Tuesday, September 25th, 2001 at 7:00 P.M. Moved by Councilman Murphy, seconded by Councilman Moore, it was RESOLVED that the Regular Town Board meeting of the Southold Town Board be held at 7:00 P.M., Tuesday, September 25, 2001 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. I. REPORTS. SUPERVISOR COCHRAN: As you know the Town Board has a policy that we will take any input, or comments and remarks on the resolutions before the resolutions are acted upon, and at the end of the meeting we will have the time for input on any Town business whatsoever. As you also know each month we receive reports from the different departments, and committees, and they are on file with the Town Clerk. They are public information, and are there for your information that you feel is important to yourself. 1. Code Enforcement Monthly Report for August 2001. 2. Southold Town Scavenger Waste Treatment Facility Monthly Report for August 2001. 3. Southold Town Recreation Department Monthly Report for August 2001. 4. Southold Town Clerk Monthly Report for August 2001. II. PUBLIC NOTICES. SUPERVISOR COCHRAN: Public Notices, there is one on Fishers Island by the U.S. Corp of Engineers, and written comments to them by September 27, 2001. New York DEC they have a proposed application involving the culture of shellfish in Hog Neck Bay, Little Peconic Bay in Cutchogue. Written comments by the DEC to be in by October 14, 2001. U.S. Army Corp of Engineers in relation to also shellfish cages in Hog Neck, Little Peconic Bay, Cutchogue. Written comments to the Corp by October 10, 2001, and County of Suffolk, Department of Planning requests for concerns regarding the proposed reconstruction of County Road 48, Middle Road from Horton Lane to Main Street, Greenport in the Town of Southold, and the comments by September 19, 2001. 1. U.S. Army Corps of Engineers, New York District, Notice of application of Joseph Pagliarulo to construct a pier assembly in Fishers Island Sound, Long Island Sound, Town of Southold. Written comments by September 27, 2001. 2. New York State Department of Environmental Conservation, Notice of application of John P. Cummings for a proposed aquaculture activity involving the culture of shellfish on less than a five acre parcel of state underwater lands in Hog Neck Bay, Little Peconic Bay, Cutchogue, Town of Southold. Written comments by October 15, 2001. 3. U.S. Army Corps of Engineers, NY District, Notice of application of Whitecap Oyster Farms install shellfish cages in Hog Neck, Little Peconic Bay, Cutchogue, Town of Southold. Written comments by October 10, 2001. 4. County of Suffolk, Department of Planning, request for environmental concerns regarding the proposed reconstruction of CR 48, Middle Road from Horton Lane to Main Street, Greenport, Town of Southold. Comments by September 19, 2001. III. COMMUNICATIONS. 9/11/01 5 SUPERVISOR COCHRAN: Communications, we had a letter from Suffolk County Planning thank you for the invitation to Fishers Island. We received a letter from East End Transportation Council re the SEED public meeting, a letter from Karl Enselberg supporting five-acre zoning initiative, letter from Barbara Springer, Environmental Facilities Corporation in relation to repayment to short-term loan, and a letter from Manfred Brusseler in relation to intersection ofBoisseau, Yennecot, Route 48 in Southold, which will be worked on. They are planning to reconstruct that entire intersection up there, so he concern was more the upkeep and appearance, so hopefully it will all be taken care of at the same time. 1. Teresa Allar, Suffolk County Planning thanking Supervisor Cochran for invitation to Fishers Island Town Board meeting. 2. Suzanne Donovan, East End Transportation Council in regard to SEEDS public meeting. 3. Karl Enselberg supporting 5-acre zoning initiative. 4. Barbara Springer, Environmental Facilities Corporation in regard to completion of repayment of short-term loan. 5. Manfred Brusseler in regard to intersection of Boisseau/Yennecott/Route 48 in Southold. IV. PUBLIC HEARINGS. 1. 5:00 P.M., on a proposed "Local Law in Relation to Installing No Parking Signs along Maple Avenue between Route 25 and Pike Street, Mattituck, New York". 2. 5:02 P.M., on a proposed "Local Law in Relation to Administration and Enforcement Officers Designed, Chapter 45, Article III, Fire Prevention and Building Code, Uniform of the Code of the Town of Southold". V. RESOLUTIONS. SUPERVISOR COCHRAN: At this time we are going to pass the resolutions. If there is anyone that would like to talk to us in relation to any of the resolutions, if not we will proceed with the resolutions. We are holding #621, (modification of General Fund Part Town budget to provide for additional hours for the Fire Marshall) for further information, and we will start with #622. #622 Moved by Councilman Murphy, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Roman Wilinski to the position of Seasonal Traffic Control Officer commencing September 12~ 2001 at a salary of $11.30 per hour to assist with special events until the end of the year. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #623 Moved by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Christopher Lappe~ Jr. to the position of Relief School Crossing Guard commencing September 12~ 2001 at the rate of pay previously established for each post covered, to assist with school crossing guard posts, as needed. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #624 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2001 budget as follows: TO: REVENUES: A.3089.20 Misc. State Aide, Police Dept. Grants APPROPRIATIONS: A.3120.2.500.100 Police Equip., Breath Analysis Equip Vote of the Town Board: Aye: Supervisor Cochran. This resolution was duly adopted. $ 4,000 $ 4,000 Councilman Richter, Councilman Murphy, Councilman Moore, 9/11/01 6 #625 Moved by Councilman Murphy, seconded by Supervisor Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the low bid for the furnishing of all labor~ materials and equipment for the excavatiom grading and hauling of material (approximately 6~500 cubic yards) in accordance with the drawings and specifications prepared by James Richter~ as part of the Route 25 Road Drainage Proiect~ in conjunction with the NYS DOT, not to exceed $110,000. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #626 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 sign an Agreement with the low bidder for the furnishing of all labor~ materials and equipment for the excavatiom grading and hauling of material (approximately 6~500 cubic yards) in accordance with the drawings and specifications prepared by James Richter as part of the Route 25 Road Drainage Proiect, in conjunction with the NYS DOT, not to exceed $140,000, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #627 Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 General Fund Whole Town Budget as follows: TO: Bouy Maintenance A.3130.4.400.600 $2,884.51 FROM: A.3130.2.400.400 Bouys $2,214.51 A.3130.4.400.650 Vehicle Maint. & Repairs $ 670.00 Vote of the Town Board: Aye: Councilman Richter, Councilman Supervisor Cochran. This resolution was duly adopted. Murphy, Councilman Moore, #628 Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Planning Department budget~ as follows: From: Planning, Fee For Service, Planning Consultant $ 4,606.00 B.8020.4.500.500 To: B.8020.1.100.200 B.8020.1.100.300 Vote of the Town Board: Aye: Planning, Personal Svcs., FIT Employ., Overtime Earnings Planning, Personal Svcs., FIT Employ., Vacation Earnings Councilman Richter, Supervisor Cochran. This resolution was duly adopted. $ 4,200.59 $ 405.41 Councilman Murphy, Councilman Moore, #629 Moved by Supervisor Cochran, seconded by The Entire Town Board, WHEREAS the week of October 22 - 26, 2001 has been designated to be School Board Recognition Week; and WHEREAS School Board Recognition Week is an annual event celebrated in school districts throughout the Empire State; and WHEREAS the men and women serving as members of school boards are dedicated to children, learning and community; they devote many hours of service to public education and continually strive for improvement, quality and progress in education; and 9/11/01 7 WHEREAS the members of New York's local school boards are community leaders who provide an invaluable resource as local decision makers; they respond to the respective needs of their communities, serving the interest of schoolchildren and preparing the for the future; so now therefore be it HEREBY RESOLVED that the Town Board of the Town of Southold proclaims October 22 to 26, 2001 to be "SCHOOL BOARD RECOGNITION WEEK" and hereby extends its appreciation and congratulations to all the Members who serve on the School Boards within Southold Town; and be it further RESOLVED that this proclamation is hereby dedicated to the FISHERS ISLAND SCHOOL BOARD, GREENPORT SCHOOL BOARD, MATTITUCK-CUTCHOGUE SCHOOL BOARD, ORIENT OYSTERPOND SCHOOL BOARD, AND SOUTHOLD SCHOOL BOARD. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #63O Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Police budget as follows: TO: A3120.4.600.200 FROM: A3120.4.400.600 Vote of the Town Board: Aye: Supervisor Cochran. This resolution was duly adopted. Police Officer Training Radar/Equipment Maintenance Councilman Richter, $ 2,000.00 $ 2,000.00 Councilman Murphy, Councilman Moore, #631 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for the following officers to attend the Dive Rescue International/Dive Rescue II Training exercise sponsored by the Southold Fire Department, Southold, New York, commencing on Wednesday, September 19 through Sunday, September 23, 2001: Det. Joseph Conway SBC Donald Dzenkowski Sgt. James Ginas Det. Edward Grathwohl Sgt. Richard Perkins PO Joseph Wysocki There is a tuition charge of $ 425.00 per person for a total of $2,550.00, which will be a legal charge to the Police Department Training budget line A.31204.600.200. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #632 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 General Whole Town Budget as follows: TO: A. 1420.4.500.200 From A. 1990.4. tee. tee Vote of the Town Board: Supervisor Cochran. This resolution was duly adopted. Legal Settlement Unallocated Contingencies Aye: Councilman Richter, $ 5,000.00 $ 5,000.00 Councilman Murphy, Councilman Moore, #633 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby approves the Stipulation of Discontinuance in the matter of Donald A. Grim~ Jeanne M. Grim~ Oregon Road Recycling and Salvage~ Inc, against Town of Southold. 9/11/01 8 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #634 Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 General Fund Whole Town budget as follows: TO: A. 1680.4.400. tOO Central Data Processing Programming Support FROM: A. 1680.4.400.358 Central Data Processing Time Management Vote of the Town Board: Aye: Councilman Supervisor Cochran. This resolution was duly adopted. $ t,000.00 $1,000.00 Richter, Councilman Murphy, Councilman Moore, #635 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Buildin~ Inspector Bruno Semon to attend an International Code Transitional Training program given in Nassau County. The first session of the training to take place November 13 through 15, 2001. The balance of the training to take place December 4 through 6, 2001. There is no registration charge for the training. Meals, travel and accommodations to be a legal charge to the 2001 Building Department budget line B.3620.4.600.200. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #636 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Presbyterian Church to use the followin~ Town Roads for the purpose of holdin~ the annual CROP Walk for Hunger on Sunda¥~ October 21~ 2001 from the hours of 1:00 pm to 4:00 pm: Wells Avenue, Pine Neck Road, North Road to Bayview, North Parish Drive, Dayton Road, North Bayview Road, Cedar Drive, Waterview Drive, Main Bayview Road, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Lt. Flatley ten (t0) days prior to the event to coordinate traffic Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #637 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby adopts as a "town polic¥"~ the following "Exit Survey Form" to be completed by employees immediately prior to the end of their employment with the Towm interview to be performed by the Department Head: Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #638 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Marine 2001 budget as follows: TO: A.3130.4.100.200 FROM: A.3130.2.400.400 Vote of the Town Board: Supervisor Cochran. Gasoline and Oil $2.000.00 Buoys $2.000.00 Aye: Councilman Richter, Councilman Murphy, Councilman Moore, 9/11/01 9 This resolution was duly adopted. #639 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the position of part-time deckhands for the Fishers Island Ferry District effective August 30~ 2001 at a rate of $8.00 per hour Vote of the Town Board: Aye: Supervisor Cochran. This resolution was duly adopted. Edward P. Carboni, Jr. Bruce S. Millar Councilman Richter, Councilman Murphy, Councilman Moore, #64O Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution #443 adopted on June 1% 2001 to include Stephen Pearl~ part-time deckhand in the list of personnel for the Fishers Island Ferry District to receive a wage increase. Stephen Pearl's new hourly rate to be set at $9.24 effective June 20, 2001. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #641 Moved by Supervisor Cochran, seconded by The Entire Town Board, WHEREAS, fire deaths due to smoke inhalation outnumber fire deaths due to burns by more than two to one; and WHEREAS, smoke detectors are our first line of defense against fire; and WHEREAS, research shows that having a smoke detector cuts our risk of dying in a fire nearly in half; and WHEREAS, estimates show that about one-third of all homes that have fires have smoke detectors that are not working, usually because of dead or missing batteries; and WHEREAS, the National Fire Alarm code requires smoke detectors outside each sleeping area and on each level of the home and recommends testing smoke detectors at least once a month; and WHEREAS, a smoke detector that isn't working can't protect us from deadly smoke and fire; and WHEREAS, the FIRE SERVICE OF SOUTHOLD TOWN is dedicated to the safety of life and property from the devastating effects of fire; and WHEREAS, members of the fire service are joined by Southold Town citizens, as well as business, schools, service clubs and organizations in their fire safety efforts; and WHEREAS, the local efforts of the fire service are supported by the American Burn Association, American Red Cross, congressional Fire services Institute, Fire Marshals Association of North America, International Association of Arson Investigators, International Association of Fire chiefs, International Association of Fire Fighters, International Association of Black professional Firefighters, National Association of State Fire Marshals, National Fire protection Association, National volunteer Fire council, and the united States Fire Administration; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby proclaims the week of October 7-13~ 2001~ as FIRE PREVENTION WEEK. This week commemorates the great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless and destroyed more than 17,400 buildings; and be it further RESOLVED that the Town Board calls upon the people of Southold Town to participate in fire prevention activities at home, work, and school. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #642 Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby approves an unpaid leave of absence for Kendra Wadlin~tom Justice Court Cashier, commencing on her last day of work on or before September 20, 2001; and be it further 9/11/01 10 RESOLVED that the effective date of Kendra Wadlington's leave under the Family Medical Leave Act (FMLA) is the day after her last day of work and will continue her group health insurance benefit for six weeks from the day after her last day of work. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #643 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby designates the following banks as depositories for the Receiver of Taxes monies for the year 2001-2002: Fleet Bank, Southold North Fork Bank, Southold Bridgehampton Bank, Southold Suffolk County National Bank, Cutchogue Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #644 Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Bunchuck~ Solid Waste Coordinator to attend the 2001 National Conference of Solid Waste Association of North America (SWANA) from October 14 -18~ 2001, at Baltimore, Maryland, and all necessary expenses for travel, food, and lodging to be a legal charge against the 2001 Solid Waste District Budget. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #645 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Case's Lane~ Cutchogue~ on Saturday~ October 6~ 2001~ between the hours of 9:00 a.m. and 5:00 p.m. as a safety precaution during the "Annual Harvest Fair of the East End Lions Club" being held on the Cutchogue Village Green, 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. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #646 Moved by Councilman Murphy, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Robert Kassner as a member of the Southold Town Tree Committee; and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a member of the Southold Town Tree Committee to fill the vacancy created by the resignation of Robert Kassner. SUPERVISOR COCHRAN: I would like to say that this is with regret, that Bob is leaving the committee. He is the one that wrote our book, Trees of Southold, and he is a valued member of the committee, but feels it time for someone else to now take on the job. We will miss him. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Supervisor Cochran. This resolution was duly adopted. Councilman Moore, #647 Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following as surplus equipment of the Southold Town Police Department: 9/11/01 11 1986 Steigercraft Boat with 1999 Johnson Outboard motor and Calkins Trailer and be it further RESOLVED that the Town Board of the Town of Southold hereby authorize and direct Town Clerk Elizabeth Neville to advertise the same for bid with a minimum bid of $3,000.00 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #648 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute and submit a proposal to the County of Suffolk for funding of the Town's Congregate Dining Program for the period January 1, 2001 to December 31, 2003. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #649 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids for the purchase of two {2} Used Dump Trucks for use by the Southold Town Highway Department. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #650 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following town roads in Mattituck, on October 31, 2001 at approximately 6:00 p.m. to hold their "Annual Halloween Parade", provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Pike Street Westphalia Avenue Sound Avenue Love Lane Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Supervisor Cochran. This resolution was duly adopted. Councilman Moore, #651 Moved by Councilman Richter, seconded by Councilman Murphy, 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. 1110.1.100.200 Justices, overtime earnings From: A1110.4.100.150 Justices pre-printed forms Vote of the Town Board: Aye: Councilman Supervisor Cochran. This resolution was duly adopted. $638.50 $638.50 Richter, Councilman Murphy, Councilman Moore, #652 Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby, authorizes and directs Town Clerk Elizabeth Neville to advertise for a member of the Southold Town Board of Assessment Review. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Supervisor Cochran. This resolution was duly adopted. Councilman Moore, 9/11/01 12 #653 Moved by Councilman Murphy, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution #604 adopted August 28~ 2001 authorizing Chief Carlisle E. Cochran, Jr. and Lt. Martin Flatley to attend the NYS Division of Criminal Justice Services Executive Development Seminar for 2001 as the seminar has been cancelled. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. SUPERVISOR COCHRAN: The next two resolutions we will hold until after the hearings. We have a hearing scheduled for 5:00 P.M., so we do have ten minutes until 5:00 P.M. We will take comments from the audience at this time if there is anyone that would like to address the Town Board at this time. Sir? JAY APPLEGATE: My name is Jay Applegate, and I am here tonight in my capacity as the treasurer of Save Open Space 2001. The reason I am here is I wanted to follow up with you on the comments I made on behalf of our organization at the Southold Town Board meeting on May 8th, when a public hearing was held regarding the proposed changes to the Town's law relating to historic preservation. I am also here to inform you that response to our organization's letter to each of it dated June 18' 2001 related to the Whittaker House and proposed expansion of Town Hall. I didn't see that you discussed this, this morning. It wasn't on the agenda. First I would like to read a letter addressed to me dated August 15th from Bernadette Castro, New York State Commissioner of Parks, Recreation, and Historic Preservation, then I would like to make a few comments. This is a letter addressed to me from Ms. Castro dated August 15th. It is my pleasure to respond on behalf of Governor Pataki to your letter of June 26 regarding threatened demolition of the Whittaker House a contributing property within the State and National Register of Historic Places listed Southold Historic District. As you have noted Mr. DuPont, director of our Historic Preservation Field Services Bureau has expressed our concern and disappointment in the demolition of this historic property was first proposed by the Town of Southold in 1998. I would like to express again my own concern for the possible loss of this property, both as a concerned resident of Long Island, and in my position as the State Historic Preservation Officer. Time and again historic properties have been shown capable of housing new uses where a flexible planning approach is adopted, and the will to preserve physical traces of our past exist. It is such an approach we hope to see in the decisions made by town and village governments, those governments most sensitive to local history. We continue to hope that the Town of Southold will reject the irreversible option of demolishing the Whittaker House, and take the lead in demonstrating pride in the Town's history by incorporating this historic house in the Town Hall expansion plans. I hope that your efforts to awaken the residents of Southold to this matter will impress upon the Southold Town Board the importance of maintaining the visual character of the Southold Historic District, and the importance the citizens of Southold place on their architectural heritage. Most sincerely, Bernadette Castro, Commissioner with a copy to the Honorable Jean Cochran. SUPERVISOR COCHRAN: I received a copy. JAY APPLEGATE: At a recent meeting of the Ad Hoc Committee on the Whittaker House Mr. Richter commented that the Town Board at that point was still uncertain as to how or if the Whittaker House would be incorporated into the new Town Hall. I ask you that the sentiments of all of you of Save Open Space 2001, and that the other concerned citizens of Southold Town be taken into consideration when you determine the fate of the Whittaker House. I would also like to follow up on the suggestion that Save Open Spaces made, again, in our letter to you dated June 18th where we suggested that after the new Landmark legislation was passed you lead us by creating the Town Hall historic district, which would include the existing Town Hall and the Whittaker House. That was you would demonstrate to the citizens of Southold what can be accomplished by embracing historic preservation. You could demonstrate to State and Federal agencies that the Town has meaningful commitment to historic preservation. You could access funds to subsidize the cost of creating a showpiece, and you would do this without infringing on the property rights of any owner of the Town. On a broader scale I would like to ask where the Code Committee stands on it's rewriting of the Historic Preservation Laws. As of the May 8th public hearing and subsequent two week period of comments and input ended almost four months ago we would like to know what has happened. We ask this question for two reasons. First, as an organization which is interested in securing additional protection for our historic buildings, and second as my sources in the State department in Albany tell 9/11/01 13 me approval of the Town's application for funding under the Local Waterfront Revitalization Plan which is predicated on the strengthening of our local Historic Preservation Laws. Is this to your understanding, too? SUPERVISOR COCHRAN: I am sorry I was making notes so I could explain and give you information and updates. Give me your last sentence again, please. JAY APPLEGATE: What I am asking is, is it your understanding that the passage of the Local Waterfront Revitalization Plan that was submitted is predicated on strengthening the Local Historic Preservation Laws? SUPERVISOR COCHRAN: That is a part of it. It has always been a part of the Waterfront Revitalization Plan, and that is why we were looking at it. JAY APPLEGATE: My understanding though is that passage of the local legislation is key to approval of the Waterfront Revitalization Law. COUNCILMAN MOORE: Some local legislation, in fact, when we had the public hearing it was opined by the group at that particular time, but as we drafted it was not adequate. We got clarification from the State that said, no, the law is an affiliate version. ! am not sure what that was about. In any event, the law that was scheduled for public hearing would be if it were enacted in its form sufficient to satisfy the criteria for LWRP. You asked where the Code Committee is, we have been working on alternatives to that legislation, and ! hope to get it to the Town Board shortly. ! happened to talk with another representative from your organization just last week to share with him where we were going. Another side to a coin, ! would be happy to explain more fully. At the Work Session of the Town Board ! can present to them, but it is another way of looking at historic preservation. JAY APPLEGATE: Thank you. So, I believe now I can state in agreement, or obtain agreement that our current situation is such that we are deficient as far as complying for purposes of Waterfront Revitalization Plan current. COUNCILMAN MOORE: The legislation on the books presently is inadequate. The legislation that is under consideration whether it is what we did a public hearing on before, or what ! am going to present to the Town Board in a work session will be sufficient. SUPERVISOR COCHRAN: Let me, Jay, answer you in relation to the Whittaker House. As you know, a while back Jim Grathwohl was asked to take on the committee, and look at the Whittaker House, if it could really be saved, and so on, and so forth. ! think that very first meeting we had the decision of everyone was that they felt that the house could be saved, so we didn't investigate, could it, or couldn't it. We just went ahead with could. The Town Board then hired a consultant that is well versed in the writing of grants in relation to the preservation of old houses. We met about a week ago, and he has written the proposal, although right now grants aren't coming down through the State too swiftly. It was felt by the consultant that this grant would be looked at favorably, and that we had a good shot at it. We discussed at that time some of the uses that we felt could be used for the Whittaker House. Although we are talking about an addition to Town Hall the only department from Town government that we see there in that house is the Town Historian. But, we do see other uses in it. Some of what was discussed was it would be great to put the Town Historian in there. It would be nice to have a room where people can go in and sit, and use our files for their genealogy. ! have always had a favorite, which ! call the story telling room. We are losing a great deal of our verbal history and it would be nice to have some of our old timers in town to be able to come down on a Saturday morning, and young people come and listen to the folk lore, and the tales of Southold to maintain that part of our history. Also it was discussed the possible upstairs use might be Town Board meeting rooms. The Town Board has never had a place to put their hat, and it goes back to when ! was on the Town Board twelve years ago. You come in to do work, and if the conference room was empty you could sit there, and use the phone, and work on your papers. None of them have a place where they can go and sit, kind of call their own, a couple of desks, a TV, computer, and so on, and so forth. So, this is something that is long overdue, and we would like to see that put in place to benefit not only this Town Board, but many future Town Boards. So, the committee for the Whittaker House is alive and well. Also, ! don't know if you are aware of it or not, and with everything that has happened we haven't formally released this information, but we went up to Albany a week ago. Is it already a week ago today? And we did our presentation, Neb, Valerie and I, and we did our presentation to the Scenic Byways Commission, 9/11/01 14 and Southold has been approved for a Scenic Byway, so we are very pleased with that. So, yes, things are being done, and things are happening. JAY APPLEGATE: Thank you for that update. It does seem to me that access to the funding under the Waterfront Revitalization Plan giving the amount of time that has been invested in creating the document, it is something that everyone in the town would like to see happen. SUPERVISOR COCHRAN: It is alive and well. We do, too. It is going to happen. JAY APPLEGATE: ! would also ask in light of Mr. Moore's conversation with my colleague, Alex Wicks, that if ! understand what you said to him correctly there was some question as to how the new legislation would apply to exterior alterations as opposed to demolitions. COUNCILMAN MOORE: No, he and ! shared a lament that the proposed law that we worked on that led to the public hearing in May really only dealt with exterior facades for whatever reason, misinformation or lack of understanding. That law came into quite a bit of criticism. That was our discussion there. We are not shying away from that. It was just that, boy, that wasn't a bad law. It looked worse than it was. It really addressed only certain issues, but we couldn't seem to get past that hurdle of telling people. He and ! discussed the notion that a place like Orient, for example, has had it's homes preserved by the property owners themselves on a voluntary basis since the time those homes were built, and the historic preservation that we were looking at in May really reflected a lack of trust towards the property owners to suggest that they wouldn't care for their properties, and that we had to tell them how to take care of their properties. So, the flip side of the coin discusses how to prevent the demolition of historic properties because that is really our fears that historic homes are going to be destroyed. Let's look at it from that prospective, and ! am trying to dictate every screw, nail finish, and light fixture that would go on. Let's look at it from a different prospective, and that what we were sharing with Alex. JAY APPLEGATE: It concerned me because one of the issue that has been raised before was the creation of the Victorian Fright Palace, known as the Shady Lady out of 18th Century. That clearly is an exterior alteration that should not have been accomplished, because the use of the building was clearly not what it was ever anticipated to be. So, as always ! appreciate your time and attention, and look forward to expeditious passing of whatever items are deficient currently for the Town's receipt of proceeds under the Waterfront Revitalization Act. SUPERVISOR COCHRAN: We are moving as quickly as we can. We, too, want to see these things finalized. Thank you for your comments, Jay. We will open the hearings now.. A motion to recess? Moved by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that this Town Board meeting be and hereby is recessed at 5:00 P.M. for the purpose of holding two (2) public hearings: 5:00 p.m. A Local Law in Relation to installing No Parking Signs along Maple Avenue between Route 25 and Pike Street, Mattituck; 5:02 p.m. A Local Law in Relation to Administration and Enforcement Officers designated, Chapter 45, Article III, Fire Prevention and Building Code, Uniform of the Code of the Town of Southold. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. Meeting reconvened at 5:07 P.M. #654 Moved by Councilman Moore, seconded by Councilman Murphy, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August, 2001 a Local Law entitled, "A Local Law in Relation to installing No Parking Signs along Maple Avenue between Route 25 and Pike Street, Mattituck, New York", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were heard. Now, therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local Law: LOCAL LAW NO. -20- 2001 BE IT ENACTED, by the Town Board of the Town of Southold as follows: 9/11/01 15 I. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Article IV, Section 92-42 (Parking, Standing or Stopping) is hereby amended by adding the following: Between the Name of Street Side Hours of Location Maple Avenue Both School Hours In Mattituck, Between Route 25 and Pike Street II. This Local Law shall take effect upon its filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. #655 Moved by Councilman Moore, seconded by Councilman Murphy, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August 2001, a Local law entitled "A Local Law in relation to Administration and enforcement officers designated, Chapter 45, Article lll, Fire Prevention and Building Code, [lniform of the Code of the Town of Southold" and, WHEREAS the Town Board of the Town of Southold will held a public hearing on the aforesaid Local Law at which time all interested persons were heard. Now, therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local Law: LOCAL LAW NO. -19- 2001 A Local Law in relation to A Local Law in relation to Section 45-3 (Administration and enforcement officers) of the Town Code: BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 45, Article III, Fire Prevention and Building Code, Uniform of the Code of the Town of Southold is hereby amended as follows: § 45-3. Administration and enforcement officers designated C. [Added 11-24-1998 by L.L. No. 22-1998] For this chapter, the term "Building Inspector" shall include and refer to: (4) Building Permits Examiner Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. SUPERVISOR COCHRAN: Before I entertain a motion for adjournment I would like to just have a moment of silence. Thank you. May I have a motion to adjourn? Moved by Councilman Murphy, seconded by Councilman Moore, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:10 P.M. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore, Supervisor Cochran. This resolution was duly adopted. Elizabeth A. Neville Southold Town Clerk