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HomeMy WebLinkAboutTB-07/18/2000SOUTHOLD TOWN BOARD JULY 18, 2000 WORK SESSION Present: Supervisor Jean W. Cochran, Councilman William D. Moore, Councilman John Romanelli, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski. Absent: Justice Louisa P. Evans ( fogged in at Fishers Island); Councilman Brian G. Murphy (illness in family); Councilman Craig Richter (ill). 9:15 a.m. Appointment - James Bunchuck, Solid Waste Coordinator, Update on Landfill. Mr. Bunchuck reported that Dave Glass of Dvirka & Bartilucci Engineers spent the last two weeks walking around the landfill to make sure that anything that is in the way during the landfill capping gets restored. Pictures were taken every 50 feet. Mr. Glass will follow-up with a letter to the Town Board outlining the results of the walk-around. Mr. Bunchuck advised that one of the major projects is the recharge basins. The largest one on the S/W corner is actually starting to be used. The basins are being properly graded. Tom Maher of D & B had stated that he would like to have the bid documents out by August 15th. The plan is to have a contractor in place by March 5, 2001. The major things that the Town is responsible for are moving ahead and we should be on time. Mr. Bunchuck stated that he would like to have the part-time scale operator working this week. (He will return later for Executive Session on this matter.) Mr. Bunchuck reported that the DEC is ready to reimburse the Town with $1,000,000. in grant monies. It was submitted a month ago, but they sent it back saying it was not in the right form. It will be re-done and re-submitted as soon as possible. The transfer station was briefly discussed. IV. 13. For Discussion. LIPA Transmission line replacement. Supervisor Cochran and Assistant Town Attorney Mary Wilson will report on the tour that they had with D & B and LIPA. Seven people from LIPA, but no one seems to know anything about the landfill wires. Bill Davidson was there and he said that they would begin to work with D & B immediately on it. A Thursday meeting is scheduled with LIPA. Dave Glass will be there and Jim Bunchuck will attend. LIPA has given the Town 4 options for placing these lines, but Supervisor Cochran is not happy with any of them and is demanding underground wires. IV. 1. Water Map and priorities, Section I of the plan was requested by Councilman Richter and he is at home with an earache. So, it will not be discussed today. 9:30 a.m. Appointment Alan Kaplan, Island Group Administration, John Cushman, Comptroller, and William f. Mullen, Jr. regarding health insurance. On motion by Councilman John Romanelli, seconded by Councilman William Moore it wa RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 9:30 a.m. for the purpose of discussing contract negotiations. There was no quorum present at this time. 10:10 a.m. The Town Board recessed for a short break at this time. 10:34 a.m. The Town Board reviewed IV. For Discussion Items as follows: IV. 3. Noise Control. The Board discussed the many complaints from jet skies, public events, etc. Councilman Moore stated that he does not feel that we need a noise ordinance. He is of the opinion that the Police force should be directed to enforce the State Law. Justice Louisa P. Evans was present at 10:45 a.m. Councilman Romanelli suggested that the letter be sent from the Town Board to the Chief of Police directing him to enforce the State Law. IV. 2. Goldsmith Inlet. Supervisor called Executive Administrator James McMahon to give the Town Board an update on this. IV. 4. Appointment of Full-Time Clerk-Typist in the Justice Court. (See Resolution No. 20.) IV. 5. Appointment of Technical Coordinator. A resolution was placed on the agenda for the Town Clerk to advertise for resumes for a provisional appointment. (See Resolution No. 21.) Councilman John Romanelli advised that ACS will begin working on the cabling on July 25th. They should start setting up their equipment for the hook-up sometime in 7/18/00 2 the first part of August. IV. 6. Orient Historic District Preservation Association request. Jeri Woodhouse and Peter Deutsch, Orient Steering Committee members appeared before the Town Board to inquire the status of the Historic Preservation Certified Local Government proposal. Supervisor Cochran directed the Town Attorney to contact Katherine Ridley, Counsel for the Preservation League of New York State at Albany, who had offered help to the Town at the presentation she gave at Pellegrini Vineyard. IV. 2. Goldsmith Inlet James McMahon appeared before the Board to give them an update. He said that they are at the point now where something has to be done, a decision has to be made by the Town Board. 7/18/00 3 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on July 18, 2000, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Cochran opened the meeting at 7:30 P.M. led by Town Clerk Neville. Present: Absent: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Councilman Craig A. Richter SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills of July 18, 2000? Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $53,114.45; General Fund bills in the amount of $1,406.81; Highway Fund Whole Town bills in the amount of $9,020.56; Highway Fund Part Town bills in the amount of $6,610.60; Capital Projects Account bills in the amount of $1,188.56; Landfill Cap & Closure bills in the amount of $11,000.00; Employee Health Benefit Plan bills in the amount of $4,642.00; E-W Fire Protection District bills in the amount of $12,015.00; Fishers Island Ferry District bills in the amount of $155,741.81; Refuse & Garbage District bills in the amount of $130,102.65; Southold Wastewater District bills in the amount of $10,215.79; Fishers Island Sewer District bills in the amount of $2,006.82; Southold Agency & Trust bills in the amount of $10,218.47; Fishers Island Ferry District Agency & Trust bills in the amount of $271.87. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: A motion to set the date for the next Town Board meeting for August 1, 2000 at 4:30 P.M. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the next meeting of the Southold Town Board will be held at 4:30 P.M., Tuesday, August 1, 2000 at Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. I. REPORTS. SUPERVISOR COCHRAN: As you know each month departments supply to the Town Board reports on the activities. These are on file in the Town Clerk's Office. If there are any areas you are interested in, please, feel free. They are public information. 1. Southold Town Clerk Monthly Report for June 2000. 2. Southold Town Justice Bruer Monthly Report for June 2000. 3. Southold Town's Program for the Disabled for June 2000 Events. 4. Southold Town Police Detective/JAB for June 2000. 5. Southold Town Recreation Department Monthly Report for June 2000. 6. Southold Town Justice Price Monthly Report for June 2000. 7. Southold Town Justice Evans Monthly Report for June 2000. II. PUBLIC NOTICES. 7/18/00 4 SUPERVISOR COCHRAN: Under Public Notices, authorizations from the Corp of Army Engineers to install a pier, ramp and float of Great Peconic Bay. Comments by August 4, 2000, and also a request to install a walkway, ramp and float in Long Creek, Mattituck Creek in Mattituck. Comments by August 4, 2000. 1. Department of Army, NY District, Corps of Engineers request for authorization for James Donohue to install a pier, ramp and float off Great Peconic Bay, Mattituck, Town of Southold. Comments by August 4, 2000. 2. Department of Army, NY District, Corps of Engineers request for authorization for Charles Sirey to install a walkway, ramp and float in Long Creek, Mattituck Creek, Mattituck, Town of Southold. Comments by August 4, 2000. III. COMMUNICATIONS. SUPERVISOR COCHRAN: We have had Communications. We got a letter from Adelaide Brittman, and Tifereth Israel congregation on the Journal Dinner Dance to be held at Soundview, and I am going to be honored as their Citizen of the Year, which I appreciate. Also, a thank you from Bob Thompson in relation to a No Dogs Allowed sign on the beach at the end of Southold Harbor Road, but I have since have had phone calls that they have torn it down, so we are going to replace it again soon. Also, we had correspondence from John Halsey, Peconic Land Trust in relation to their Stewardship Center by Fort Corchaug and the farm area that was just purchased, and there is a house, and there will be opening an office there, so they can better serve the people in Southold. Also, we had a letter from Christine Anderson, ELI Breast Cancer Resource Center, a thanks for the proclamation and support that we have given them. A letter to myself from Thomas Oelerick, NYS DOT in relation to signing in Orient Point. Planning and myself will be going down soon, not only in relation to signs, but also no parking in that area. Also, had a letter from Ken Bauer, LIRR in relation to the partnership linking Long Island transportation in relation to medical assistance. Town Clerk Neville had a letter from Thomas Oelerick, DOT, Department of Transportation in reference to a traffic signal on Route 25 and New Suffolk Road, Cutchogue. 1. Adelaide Brittmen, Congregation Tifereth Israel, to Supervisor Cochran in regard to invitation to annual Journal Dinner Dance as "Citizen of Year". 2. Robert Thompson with thanks for "No Dogs Allowed" sign. 3. John V.H. Halsey, Peconic Land Trust, in regard to North Fork Stewardship Center, Cutchogue. 4. Christine Anderson, ELI Breast Cancer Resource Center with thanks for proclamation and support. 5. Thomas Oelerick, NYS DOT in regard to sign at Orient Point. 6. Kenneth J. Bauer, LIRR in regard to partnership linking Long Island's transportation and medical systems. 7. Thomas Oelerick, NYS DOT, in regard to traffic signal concerns on Route 25 at New Suffolk Road, Cutchogue. IV.PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy that we would be very happy to entertain your comments or inputs in relation to any of the resolutions that are going to be acted upon. Later in the evening there is time to address the Town Board in relation to any Town Board business, so right now I would ask if there is anyone that would like to address the Town Board and has input on any of the proposed resolutions only. Anyone like to address the Town Board in relation to those resolutions? (No response) If not, resolution number one. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jonathan A. Connell as a Seasonal Laborer on Fishers Island, effective Tuesday, July 11, 2000, at an hourly salary rate of $10.00. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 7/18/00 5 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor W. Cochran to execute a one year extension of its contract with Trinity Transportation Corporation for the hauling and disposal of MSW and C&D materials received at the Cutchogue Transfer Station, consistent with the terms of the original agreement between the Town of Southold and Trinity Transportation Corporation, all in accordance with the a renewal agreement to be developed and approved by the Town Attorney. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Murphy, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2000 budget as follows: To: Personal Services, Overtime Earnings B.8020.1.100.200 From: B.8020.4.500.500 $1,631.27 $1,631.27 Fee for Service, Non-Employ Planning Consultant Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 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 District 2000 budget as follows: To: SR.8160.4.600.800 Petty Cash Expense $1,000.00 From: SR.8060.4.400.820 Plastic Recycling $1,000.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste District 2000 budget as follows: To: SR 8160.4.100.595 Tub Grinder Main/Supplies $ 5,000.00 From: SR 8160.4.400.810 C & D Removal $ 5,000.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 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 District 2000 budget as follows: To: SR 8160.4.100.200 Diesel Fuel $10,000.00 From: SR 8160.4.400.810 C & D Removal $10,000.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste District 2000 budget as follows: To: SR 8160.4.100.610 Forklift Main/Supplies $ 2,000.00 7/18/00 6 SR 8160.4.400.810 C & D Removal $ 2,000.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Murphy, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following staff as seasonal stillwater lifeguards from July 12, 2000, through and including September 4, 2000, at the salaries indicated below: STILLWATER LIFEGUARDS Diedre Cannelly (1st year) ............................ $ 9.52/hour Jennifer Whyard (1st year) ............................ $ 9.52/hour Marie Kayton (7th year) .............................. $10.77/hour Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for the position of Detention Attendants for the Southold Town Police Department. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for the position of School Crossing Guard for the Cutchogue area. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Murphy, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for the position of Seasonal Police Officers for the 2001 summer season. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby hires William T. Ferris IV as a seasonal Scale Operator in the Solid Waste District at an hourly rate of $10.00, effective July 19, 2000 through September 3, 2000. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Pike Street, Westpahlia Road, Sound Avenue, and Love Lane, Mattituck, from the 10:00 A.M. to 11:00 A.M., on Saturday, September 23, 2000, in the interest of public safety, during the Mattituck High School's 7th Annual Homecoming Day 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. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Romanelli, 7/18/00 7 PROJECT FINANCING AND LOAN AGREEMENT NEW YORK CLEAN WATER STATE REVOLVING FUND WHEREAS, the Town of Southold herein call the "Borrower", after thorough consideration of the various aspects of the various aspects of the problems and study of available data, has hereby determined that the project generally described as: Capping and closure of the Fishers Island (Pickett) Landfill, Fishers Island, Town of Southold, New York and identified as CWSRF Project Number(s) C1-5110-04-00, herein called the "Project" is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and WHEREAS, the United States, pursuant to the Federal Water Quality Act of 1987 (as such may be amended from time to time, the "Water Qualify Act"), requires each State to establish a water pollution control revolving fund to be administered by an instrumentally of the state before the state may receive capitalization grants under the Water Quality Act; and WHEREAS, the State of New York has, pursuant to the State Water Pollution Control Revolving Fund Act, Chapter 565 of the Laws of New York 1989, as amended (the "CWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a water pollution control revolving fund (the "Fund") to be used for purposes of the Water Quality Act; and WHEREAS, the corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, a~d constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the CWSRF Act; and WHEREAS, the CWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects/ NOW, THEREFORE, BE IT RESOLVED BY The Town Board of the Town of Southold as follows: 1 .The filing of the application for CWSRF assistance in the form required by the Corporation in conformity with the CWSRF Act is hereby authorized, including all understandings and assurances contained in said application. 2.The following person, as chief fiscal officer, is directed and authorized as the official representative of the Borrower to execute and deliver an application for CWSRF assistance, to execute and deliver the Project Financing and Loan Agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Borrower as may be required; Jean W. Cochran, Supervisor 3.The official designated above is authorized to make application for financial assistance under the CWSRF Program for either short-term or long term financing or both. 4.One (1) certified copy of this Resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 50 Wolf Road, Room 508, Albany, New York 12205- 2603. 5. This resolution shall take effect immediately. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Murphy, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby hires the following tow people to work at the Fishers Island Ferry District: Michael S. Opalenski as a part-time Laborer at $8.00 per hour effective July 5, 2000, and Paul A. Balz as a part-time Recreation Aide at the rate of $160 per week, effective June 21, 2000. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Justice Evans, it was 7/18/00 8 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2000 Community Preservation Fund as follows: To: Revenues: H3.1189.10 2% Land Transfer Taxes $199,900.00 Appropriations: H3.8660.2.600.100 Land Acquisitions $199,900.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold authorizes Supervisor Jean W. Cochran to execute an agreement, as part of the overall Computer Upgrade, between the Town and Bell Atlantic Network Integration, Inc. d/b/a Bell Atlantic Data Solutions Group, Network Integration for Dedicated Internet Access at a cost of $ 681.25 per month per the contract terms; and BE IT FURTHER RESOLVED that the Town Board hereby selects Genuity as the Towns Global Service Provider. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 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 an agreement between the Town of Southold and Cornell Cooperative Extension Marine Program to design, construct, and operate an innovative Eelgrass Culture Facility at the Suffolk County Marine Environment Learning Center, Cedar Beach, Southold, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Murphy, 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 an agreement between the Town of Southold and NYS Department of State for an Eelgrass Culture Facility for the Peconic Estuary, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby provisionally appoints Kendra M. Wadlington to the position of Full-time Clerk-Typist in the Office of the Justice Court, at a salary of $24,208.42, effective July 31, 2000. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded 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 resumes for the position of provisional Technical Coordinator II. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of $158.50 to Robert S. Koeble, which represents 50% of the fee paid for an unused building permit. 7/18/00 9 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as Members of the Landmark Preservation Commission, they to serve without compensation, effective immediately: J. Lawrence Jungblut, to fill the unexpired term of Richard Boardman, to expire on April 5, 2001. John B. Greene, Ralph O. Williams and Margaret Murphy, to expire on April 5, 2002. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Romanelli, 7/18/00 10 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, Electro Environmental Technologies, Inc. was determined to be the lowest bidder for the removal and transportation of scavenger waste from the Town of Southold Scavenger Waste Plant; and WHEREAS, a contract for said services was signed by Supervisor Cochran and forwarded to Electro Environmental Technologies, Inc.; and 7/18/00 11 WHEREAS, Electro Environmental Technologies, Inc. has failed to provide any services to the Town for over a month period and has violated Section 5 of the contract in which the contractor agrees to remove waste within five days notice from the Town of Southold on numerous occasions; and WHEREAS, the Town of Southold has given written notice to Electro Environmental Technologies, Inc. of the failure to provide services and the contractual liquidated damages of $500.00 per day for the delay in rendering services (Section 6 of the contract) and Electro Environmental Technologies Inc. has failed to respond or remedy the failure to provide services for several months, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Cochran to terminate the agreement with Electro Environmental Technologies per the contract provisions by providing seven (7) days written notice of said termination. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids for the removal, transport, and disposal of scavenger waste from the Southold Town Wastewater Treatment Facility. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS, SECTION 4 of the enabling legislation of the Fishers Island Ferry District permits the Town Board of the Town of Southold to borrow up to $500,000.00 for Ferry District purposes, including the cost of acquisition, construction and equipment of the ferry, including lands and rights or easements in lands; and WHEREAS, Section 4 of the enabling legislation of the Fishers Island Ferry District permits the allowable aggregate principal amount which the Town Board may borrow and for which obligations may be issued may be increased from $500,000.00 up to, but not exceeding $5,000,000.00 upon the adoption of a resolution by the Town Board, subject to permissive referendum by the owners of taxable real property situate within the ferry district as shown by the latest completed assessment roll of said town; be it RESOLVED that the Town Board of the Town of Southold hereby increases the allowable aggregate principal amount it may borrow and for which obligations may be issued, for Fishers Island Ferry District purposes to ($5,000,000.00) Five Million Dollars from ($500,000.00) five hundred thousand dollars. THIS RESOLUTION IS SUBJECT TO A PERMISSIVE REFERENDUM BY THE OWNERS OF TAXABLE REAL PROERTY SITUATE WITHIN THE FERRY DISTRICT AS SHOWN BY THE LATEST COMPLETED ASSESSMENT ROLL OF THE TOWN OF SOUTHOLD. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole town 2000 budget as follows: To: A.1010.4.400.300 Town Board Printing $1,592.41 From: A.1990.4.100.100 Unallocated Contingencies $1,592.41 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: We have another resolution, something that has come to our attention we think is important, and should be taken care of immediately. We understand that there is up in Vermont 400 sheep with what is the equivalent of Mad Cow Disease. This disease is transmittable to humans. We understand that they are bringing the sheep to Plum Island to be burned. We question how they will be transported, and some other things, so we are going to be 7/18/00 12 investigating this first thing in the morning. I will be speaking with the Governor's Office, Congressman Forbes, and also the Director of Plum Island. We would like to have more information. I would like to see the Board pass a resolution authorizing the Town Attorney and myself to authorize a Special Counsel if we have to go into the direction of an injunction against this action. At this point this comes from a reliable source. We would like time to investigate it. Moved by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to retain special legal counsel, on the recommendation of the Town Attorney, to take such legal action as may be required to ensure the health, safety, and welfare of the residents of the Town of Southold with respect to the U.S. Department of Agriculture's operation on Plum Island, if it is determined that certain sheep suffering from an equivalent to Mad Cow Disease are or will be transported through the Town of Southold to the Plum Island facility for destruction/research. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That is the end of our planned resolutions. There are no public hearings, so at this point we would be very happy to entertain any comments from the audience on Town business? CHRISTOPHER MURPHY: Good evening. You might remember me from a couple of weeks ago perhaps. I remember Mr. Murphy and Mr. Moore, Mrs. Cochran, and I hope your celebration went well for your Fifty Wedding Anniversary. To just refresh your memory for the Board members that did not meet, my name is Christopher Murphy, and first I would like to just make my statement, and then perhaps ask a question. I was glad I came tonight because I got a chance to see how you guys operate, and I was impressed with the efficient and speedy way in which you handled all the resolutions quickly, and I think one of the really main reasons you can do that is you are working in an environment that is conducive to it. You don't have a lot of noise. You don't have a lot of distractions, and it is creditable how stress free and smoothly everything can go in that kind of environment. I was also impressed by the last resolution, the fact that it seems more that it was today, or yesterday, there was 400 sheep that was endangering, or possibly endangering your constituency, and somebody, Mr. Moore I believe, was scratching out a resolution as we sat here watching government in action, and in less than I guess a half an hour that resolution was adopted, and passed, and bravo. I mean very impressive. Now, the reason I am here, and I think some of the other members of the audience are because we are kind of in the same situation. We are constituents. We do live here. I have lived here for almost three year now. The past two summers were fantastic. It has been only recently that things have gotten really sour. I would explain why. My property at 250 Sailor Lane in Mattituck directly abuts and shares a border with the Transfiguration Greek Church in Mattituck on Breakwater Avenue, whose property is I believe being used by an organization called the North Fork Greek Community. I am not sure if they are affiliated with church or not. I don't even know their status as an organization whether they are charitable, fraternal, or a religious organization, but on the building permit that is who is listed as the owner of premises for a structure that is not fifteen feet from my property line, that is 40 by 40 by 80 long. That is 17 feet high according to the permit. Of course, I didn't survey, but it sure looks a lot bigger than that to me, and still that is not really why I am complaining. For the past two years there was no structure and there was no problem, and the reason why was because the people who come to this property, who don't live there. They just came to the properties, enjoy a quality of life that they have established over the years, have festivals, and parties that were duly posted for the public to see at times, that they were going to occur, so we knew when they were going to be. They were noisy. Above a reasonable level of noise I would say, but because of the fact that I wanted to be a good neighbor, and because I respect my neighbors, and the fact that they were there, and before I was there. We learned to live with it, and did not complain, not once. You can check the Police reports for that. The entire two years past you will not see one complaint from me, and everything was fine. This Spring, I think, or last June a permit was put in, and approved by the Planning Department of the Town of Southold, approved with their authorization for them to build this structure without me being notified in any way, shape, or form, so that they could use it as a picnic area. Now, I am not big what constitutes a picnic area. I am just an average person, but I would say that it is reasonable to assume that the average person would believe a picnic area would be a place where people come to eat with their families, maybe have a radio playing, 7/18/00 13 some laughter, some games, a picnic. According to your own Code, however, this so-called picnic area is being used as a restaurant. The public is invited in to purchase food, sit down, and consume it on premises. That is not a picnic area, and every Sunday from six to eight hours at a stretch they have a live band playing for entertainment, or whatever other purposes, I don't know at decibel levels that are just absolutely unacceptable. They are causing damage. This noise level is of intensity and a frequency and a volume that is causing damage, physiological, and psychological, and monetary to my family, and my neighbors. We have a right as residents of the Town of Southold or anyplace in America to enjoy quality of life of a reasonable nature. This is not reasonable quality of life anymore. This is as if you are under siege every Sunday. We are left with no choice but to flee the area, or stand there and be exposed to this pollution, which is causing damages, and I emphasis the word, damages to us. Now, we are trying to maintain some civility about it, and some respect for our neighbors still at this point, but it is becoming increasingly difficult. We don't feel as though we have any choice whatsoever but to call the Police constantly now, which we are being forced to do. That is not in your best interests, neither our best interest. It is not in the best interest of anybody, including the Police Department, and I am sure they have better things to do. We need somebody. We need you guys. We need the Town Board and the Planning Department, who authorized the building of this property, which is now being used to damage us, to do something about it. Please, that is what my question is. What will you do about it this? The other part of the question is, it states in the Code, that, if I might quote. Under 17-1, the public entertainment, and special events of the Code. Nothing herein or the foregoing shall apply to bazaars, fairs, carnivals, circuses, and other public outdoor shows, and entertainments that are approved in writing by the Town Clerk, and held in the town under management and for the profit of local fraternal, charitable or religious organizations. That are approved. That means that you have to approve it. When don't you approve something like this? What does it take for a Town Clerk and the members of the Board to say, you know, maybe we shouldn't approve this, because it is not in the best interest of our community, and it is causing damage to the constituents. If there is some criteria, if there is some level that an organization has to pass in order for you to go, not approved. What is it, because I would really like to know? I think it has been past for about six out of the past eight weekends. Thank you. COUNCILMAN ROMANELLI: What do the Police say when they are called? What kind of a reaction do the Police give when you call? CHRISTOPHER MURPHY: They didn't want to come. They said there was nothing that they could do. COUNCILMAN MOORE: Let's share with you what we have been working on. SUPERVISOR COCHRAN: You came to see me two weeks ago, and I put it on the agenda for this morning. At the Town Board Work Session we discussed all of this, and you are right. Giving out permits to nonprofits and so forth, it does relate to the enforcement and what can be done. We discussed it, and then it was being sent to the Chief of Police, the Town Board instructing him to enforce it under the State Law. COUNCILMAN MOORE: Disorderly conduct as a starting point. We don't accept the premise of the Town Board, until told otherwise, that our Police can't do anything. CHRISTOPHER MURPHY: You are saying there is a State law, that can be applied, because with all due respect, Mr. Moore, I contacted Elliot Spilz's Office and spoke to them. They said there is nothing they can do. There is no State Law, and that it is a local enforcement issue, exact words, quote, unquote. COUNCILMAN MOORE: That is fine, and Mr. Spilz and I can respectfully disagree with one another. That is fine, but when unreasonable noise is being made Police can tell you to stop, but aside from that we also discussed today, a person is guilt of disorderly conduct plan, intend to cause, or annoy, unreasonable noise, but we also talked about today about the special permit, and we recognize that we have permits for tents, we have permits for yard sales, we have permits at wineries for special events, that is the special non-profit type of permits you refer to, and so what we are going to do is, we decided we are going to sit, and put a series of criteria in, one of which is outside amplification of music after certain hours, things like that. We also discussed limiting the number of times a year. We are going to put into place a series of fixed criteria. The Town Clerk hasn't got the ability to say, well, on this particular instance we can or we can't. If you 7/18/00 14 meet the six or eight, or twenty-seven categories or criteria the Town Board puts in place in statute, the Town Clerk has to grant the permit. If you don't like the twenty-seven categories that we are talking about, come into the Town Board, and explain why. So, we are working on that. We recognize what this permit process is all over the place. It is a good place to put some measure of control. You should be able to come to him, and say, turn it down. CHRISTOPHER MURPHY: Well, I think we can wrap it up with you treating me like a six year old, and telling me that.. COUNCILMAN MOORE: That was not my intention. CHRISTOPHER MURPHY: No, I am not saying that. I am saying, if we can't, future tense, treat me like a six year old, and tell me as plain as terms as possible everything that you just pointed out, will it stop this problem from happening? When? What kind of time frame are we talking about? SUPERVISOR COCHRAN: You said there is no objection to once or twice a year. CHRISTOPHER MURPHY: You are welcome to stop by anytime. COUNCILMAN MOORE: Limiting the number of events a year, you can have one yard sale a year. CHRISTOPHER MURPHY: Do you have a time frame for this? Do you have any idea when this will be put into place, because I know we will be calling the Police again, and I, you know, just want to hear them say, well, what do you want us to do about it? COUNCILMAN MOORE: We will have it on for discussion at the meeting in two weeks. Just you know the memo is going tomorrow to the Police Department, because we think part of our quality of life here is a Police Officer going into a tough situation, when the neighbors are having a problem, and say, hey, cut it out. CHRISTOPHER MURPHY: I agree with you wholeheartedly. Thank you for listening, and I hope that everything works out. Thank you. CATHERINE TSOUNIS SIOLAS: Hello, my name is Catherine Tsounis Siolas, and my family was one of those families that had yard sales, and had a dream to build a church. This was back in the 60's, and they formed the North Fork Association, which was from Riverhead to Greenport. We saw our church grow up in potato fields. It was the only Greek Orthodox Church on the North Fork. It was all farmlands at that time. We never envisioned that we would have houses springing up around us. Most of us are refugees from the former Ottoman Empire, where our families were decapitated in five minutes, and we came through Ellis Island to be Christians, Eastern Orthodox Christian to worship in freedom in America. Fifteen years ago we had a tragedy in our church. It burnt down, and most of us are blue-collar workers. We are not wealthy. We are middle class people, and we all donated money, and my mother Chloe Tsounis spearheaded a rebuilding of the church without a mortgage. She raised $200,000, and rebuilt it. We never thought the farmland around us would become houses. We thought it would remain rural. I understand how he feels. If you don't know Greek or you don't know Greek music it can be intimidating. I sympathize with you completely. In fact, I was there at that party you were talking about. I left around five o'clock to go swimming, and heard the music down at the beach. You honestly have a legitimate gripe, and as one of the public relations people that has been writing about the church since 1965, I know where you are coming from, but again I would like to address a few of your allocations, and Supervisor Cochran, I am going to have an emergency meeting tonight with the Parish Counsel, and we are going to come and talk with you as soon as possible. SUPERVISOR COCHRAN: I requested that you turn it down this past weekend to keep peace in the neighborhood until we solve this problem. I understand from Gerald Goehringer, who lives 2,000 feet down the road... CATHERINE TSOUNIS SIOLAS: Gerry Goehringer's father-in-law, Stanley Sledjeski, sold us that land. That was all Stanley's land, so Gerry is part of our extended family, but I just would 7/18/00 15 like to make a few comments about what this gentleman said. He has been there two years. The church has been there over thirty years. Wherever there is a church there is bound to be some noise. You should not have built your house forty feet from a church. SUPERVISOR COCHRAN: Wait a minute. Wait a minute. I am not going to have this develop into conflict between neighbors. Direct your remarks to the Town Board. CATHERINE TSOUNIS SIOLAS: Excuse me. I was making notes as to what he said. Alright, when you build near a church you must assume there is going to be some noise. I am not saying they are right. I don't think it is right having music blasting, but I have been out here now for two months. They haven't had music blasting every weekend. They had a festival on July 1st, and they had it blasting up until around eleven, and then they had a party yesterday. It hasn't been going on every weekend. It is better that we talk privately with some of the members of the parish counsel, and whatever is off'ending the neighbors should be resolved, so that we don't have continued complaints. Thank you. But, I didn't come here about that issue. I just wanted to give out a petition, seven copies. Instead of mailing it to you I wanted to hand it out, and this is in regard to the zoning of my property. Can I hand it out now? Thank you. SUPERVISOR COCHRAN: Would you please give them to the Town Clerk, and she will pass them out? Thank you. CATHERINE TSOUNIS SIOLAS: I would just like to go over these petitions. All these people on the following pages have homes here. They pay all year-round taxes. They do not use the facilities, and they are backing me completely in protesting the up zoning of my property. There is really not much more for me say. I said it all the last time. I haven't counted the signatures, but I think there is over fifty, and a Congressman once told me, one signature represents a thousand taxpayers in New York City, but this is not New York City. It is a rural area, so one signature might represent 100 taxpayers. Okay? And if you have any problems in reading these names, please, call me up, and I will go over the spelling, and I will tell you exactly where they live. Thank you very much. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? I know some of you are here on Route 48. That hearing is on the agenda August 15th, if you wanted to be part of that record for the hearing. You would be more than welcome to speak now. DAVE CICHANOWITZ: We'll come back. We will just keep trying. Dave Cichanowilz from Southold. Again, I know you are not bringing up the Route 48, but that is why I am here, and a few others are here, and I know that tonight is a Work Session. You have another one, I think on August 1st, and then the 15th, I believe is planned for the vote on this. SUPERVISOR COCHRAN: The hearing. People will come in and explain their side of the case. DAVE CICHANOWICZ: I am going to start early just for the record. I am in objection to the zone changes as it is. I agree with a lot of the land preservation programs you have in the works, and I think it is a great thing for the town. The problem that the Town I think fails to see is that there is no more space for the businessperson to operate out of. You have made no provisions to give a spot for the businessman to expand, and with the upzoning or the proposed upzoning you are just limiting the businessman for any possible future expansion, so again, I am President of the Business Alliance, and I represent them, and all of us feel the same way about this. So, for the record that is where we stand. SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board? (No response.) If not, I will go to Board reports. John, do you have anything to report? Louisa? COUNCILMAN MOORE: Real quick, Fort Corchaug clean-up crew is back at it again. There was a good turnout, and they are going to volunteer and work on trails. We will have a public notice of that. It was a beautiful day to work in the woods, and do some work on some trails. I want to thank everyone who showed up for that. SUPERVISOR COCHRAN: We did get a news release from the Suffolk County Department of Health in relation to the (unintelligible) mosquitoes have tested positive for the Nile Virus. That is in the Babylon area. You should continue to take precautions. Don't have any still water. 7/18/00 16 Dump out any still water. Wherever you have still water in your yard, be it in old tires, be it in birdbath. Change the water in your birdbaths every day, and please, try to use freshwater if you have to have it outside, because these mosquitoes are more and more starting to hatch. We haven't had any out in the area yet, but we are working very hard as far as preventives are concerned. Also I would just like to remind you that in the Town of Southold there is a Leash Law for dogs. We are having a problem at some of the beaches, that dogs are being allowed to mn, and they do their business, and the next little kid that comes along to use the beach has a problem. The signs that are being put up, that say, no dogs allowed, people are taking them down. We will just put them right back up again. Another thing I would like to remind you that there is a law in Town of Southold is your house number out front. This is for your benefit, for your protection, for your safety. House numbers on the front of your house is the law in Southold Town, and we have given almost a year of notification to people before we begin to issue summons. It is not the way we want to go. If you want to know what your house number is contact the Assessors Office, and they can tell you, but we would like you to put them out. In case of emergency, if you need an ambulance, and they can't see your numbers to find your house, we have many, many new people, it just takes twice as long for the medical team to get the medical care you may need. There is nothing else. Moved by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:17 P.M. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk