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HomeMy WebLinkAboutTB-12/08/1998DECEMBER 8, 1998 2C~1 SOUTHOLD TOWN BOARD DECEMBER 8, 1998 WORK SESSION Present: Supervisor Jean W. Cochran, Councilwoman Alice J. Hussle, 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. 8:~5 A.M. - The Town Board interviewed Cordon W. Moore for a position on the Landmark Preservation Commission. (See Resolution No. 33) There were no Town Board appointments scheduled for this meeting. The Town Board will be attending a "Sensitivity Training Session" at the Police Department this afternoon from 1:00 P.M. to ~,:30 P.M. 9:00 A.M. - UPDATES Councilwoman Hussle spoke about the fire at the Mattituck Airbase last Friday evening at approximately 8:30 P.M. There was no Building inspector available to go to the fire as required. Ms. Hussie asked the Town Attorney to check into the possibility of contracting with a former building inspector for this purpose. Ms. Hussle said that the problem is that they can't leave the scene of the fire, they must stay there until It is determined safe to leave it alone. Councilman Romanelli said that the Suffolk County Fire Marshall was called in. Councilman Moore stated that the Mattituck Fire Department suggested a Building Inspector on an 'As Needed Basis". Councilwoman Hussle said that they need a larger pool to draw from, this situation has arisen twice in the last four months in a week-end situation where a Building Inspector was needed and could not be reached. Supervisor Cochran gave an update on the house next door. She reported that they are still investigating to see what can be saved. There is a man from down east that is interested in the possibility of moving it. A forensic architect should be called in for a professional evaluation of exactly what is there. In addition, two members of the Landmark Preservation Commission are doing a study. Supervisor Cochran said that their findings are indicating that it could possibly be three houses that were put together. No decision has been made by the Board, they will continue to investigate and await the findings of the experts. Councilwoman Hussle said that she spoke with members of the historical societies who thought that it perhaps could be taken apart and put back together at another site. Supervisor Cochran advised that Superintendent Jacobs is going to clean the back lot elf and they are looking into the possibility of moving the carriage house to this site. The Planning Board is working on redesigning the parking area. 9:a0 A.M. - VI. FOR DISCUSSION ITEMS were reviewed by the Board at this time. VI.1. Requests from the Receiver of Taxes Item no. I asking for part-time seasonal clerk ( See Resolution No. 29); 2. An increase to $250.00 in the petty cash fund of the Receiver of Taxes (See Resolution No. 28); 2. Transfer of funds for supplies (see Resolution no. 13); 4. Bank depositories will be designated at the Town Board Organizational Meeting. VI. 3 - Part-Time Laborer for the Landfill for rolling and packaging town bags. The notice has been posted and a decision must be made by the Town Board on the salary. VI. 6.. Additional School Crossing Guards for Fishers Island. Justice Evans asked for permission to post a notice on the community bulletin board on Fishers Island for this purpose. Deborah Borgert and Monica Doucette have moved off the island and are no longer available. (see Resolution no. 30 terminating their employment.) The Board gave their permission for Justice Evans to post the notice on the Fishers Island community bulletin board.VI. 11. - Promotion of Valerie Meyer to Senior Account Clerk at the Landfill. Comptroller Cushman says that the job title must be posted and another llst must be called for before any action can be taken. VI. 2. Pool Councilwoman Hussie reported that there were eight (8) submissions. Three (3) finalists were chosen that best met their criteria. Then one was chosen that fit their conceptual idea of the best design. The committee approved the design of Hodess Building Company and DiLullo Associates, Inc. of Massachusetts. Now they must move ahead with gathering financial, fund-raising, and other pertinent information. A committee will be formed with individuals with financial, architectural, pubic relations, and legal skills. Councilwoman Hussie will develop a charge for this committee, then they will move ahead with it. VI.~ Fishers Island representation on the Landmark Preservation Commission. Justice Evans said that AIIie Raridon is interested and asked if the Board would like to appolnt her as a liaison for matters concerning Fisher Island. She asked that she be added to the mailing list so she gets the notices and minutes, etc. Supervisor Cochran asserted that the Board should go through the Chairman of this Committee and request him to set up the procedure on how he would like to see it work. VI. 5. Set meeting date for Community Preservation Fund discussion. Supervisor Cochran advised that Riverhead is going to hold a meeting to see how the money will come down for the Community Preservation Fund. The date of Wednesday, January 20, 1999 at 9:00 A.M. in the Meeting Hall was scheduled for the Southold Town meeting on this subject. IV. 7. Smart Recommendations. Comptroller Cushman said that the Town Board had 20 days to send in a response from the time that Al Eld was here. The Board advised that they had nothing to change. Supervisor Cochran will report on behalf of the Town Board and thank them for their efforts and advise them that we will review the final report and make changes as the Board desires. VI. 8. Senior Citizens request for image projector. Councilwoman Hussle said that if they need a slide projector, she has one that she will donate. Supervisor will check on this to see what It Is? prices? and what other departments could use it. VI. 9. Advertise in additional publications for Assistant Town Attorney. (See Resolution No. 31.) 10:35 A.M. - The Board reviewed resolutions to be voted upon at the regular 7:30 P.M. meeting. Number 7 was held for further information. (Permission to PSD II John Raynor to attend "911 Critical Issues Forum") and number 23 was removed from the agenda (awarding the bid for supplying heating fuel oil for the 1999 calendar year because the Board thought all of the bids were too high.) Resolution 3~, was placed on the agenda to reject all bids and authorize the Town Clerk to readvertise for heating fuel oil for the 1999 calendar year. On motion by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board enter into Executive Session at 11:15 A.M. for the purpose of discussing CSEA Negotiations, Litigation with the State of New York vs. the Town, and real estate property contract negotiations. Executive Session and work session ended at 12:10 P.M. The Town Board attended "Sensitivity Training" at the Southold Town Police Department from 1:00 P.M. to ~:30 P.M. REGULAR MEETING A Regular Meeting of the Southold Town December 8, 1998, at the Southold Town Hall, Main York. Supervisor Cochran opened the meeting at Pledge of Allegiance to the Flag. Board was held on Road, Southold, New 7:30 P.M. with the Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussle Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian C. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: May I have a motion to approve the audit of the bills for December 8, 19987 Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the following bllls be and hereby are ordered paid: General Fund Whole Town bills in the amount of $92,2/41.69; General Fund Part Town bills in the amount of $10,/487.76; Highway Fund Whole Town bills in the amount of $6,780.90; Highway Fund Part Town bills in the amount of $32,078.95; Ag Land Development Rights bills in the amount of $1,913.65; Landfill Cap S Closure bills in the amount of $58,/437.86; Open Space Capital Fund bills in the amount of $105.00; Computer System Upgrade bills in the amount of $8,0/46.82; Employee Health Benefit Plan bills in the amount of $3/4,997.52; Fishers Island Ferry District bills in the amount of $10,255.63; Refuse & Garbage District bills in the amount of $18,009.3/4; Southold Wastewater District bills in the amount of $9,372.78; Southold Agency & Trust bills in the amount of $250.00; Fishers Island Ferry District bills in the amount of $62.29. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: A motion to adopt the minutes of November 2/4, 1998, Town Board meeting. Moved Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the minutes of the November 2/4, 1998, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: To set the next Town Board meeting Tuesday, December 22nd at /4:30 P.M. Moved by Justice Evans, seconded by Councilwoman Hussle, it was RESOLVED that the next meeting of the Southold Town Board will be hold at /4:30 P.M., Tuesday, December 22, 1998, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Also to set a Special Meeting for December 11, 1998 to discuss CSEA negotiations. So this will be an Executive Session. 29'4 D CE B R Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that a Special Town Board Executive Session Meeting will be held at 1:30 P.M., Friday, December 11, 1998, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. I. REPORTS. SUPERVISOR COCHRAN: As you know reports are submitted to the Town Board every month by our committees and our departments. They are placed on file with Town Clerk. They are available for your perusal, or any information you would like to have about the operations of Town Hall, and your government. They are available from your Town Clerk. 1. Southold Town Leave Time for October, 1998. 2. Southold Town Recreation Department Monthly Reports for November, 1998. 3. Southold Town Scavenger Waste Treatment FacUlty Monthly Report for November, 1998. u,. Southold Town Clerk's Monthly Report for November, 1998. 5. Southold Town Justice Bruer Monthly Court Report for November, 1998. 6. HHS Admlnlstrators Town Claim Lag Study Analysis for November, 1998. 7. HHS Administrators PBA Claim Lag Study Analysis for November, 1998. II. PUBLIC NOTICES. None SUPERVISOR COCHRAN: We do not have any public notices this evening. III. COMMUNICATIONS. SUPERVISOR COCHRAN: We did have a letter from Richard Kessel, Chairman of LIPA in relation to the Rebate Program, and that it is. 1. Richard Kessel, Chairman of the LIPA concerning the Rebate Program. IV. PUBLIC HEARINGS. 1. 8:00 P.M., on a proposed, "Local Law in Relation to Zoning Code Definitions". 2. 8:05 P.M., on a proposed, "Local Law in Relation to Building Permits". SUPERVISOR COCHRAN: We had a very short meeting today, because we did go up to Police Headquarters this afternoon, and take part in the sensitivity training, that was going on with our police officers. We had an incident over the weekend in the community here in the Southold hamlet, where graffiti was being sprayed on different places of business until it got to the church, the Presbyterian Church, and then it became, I would say bias crime in a sense, although it is dealt as criminal mischief, and I don't think anyone wants to know what some of it said. We contacted Reverend Dosler Immediately and a press release went out today, and Bill, as Anti-Bias Chairman, let's share with our community some of what steps were taken, and what happened. COUNCILMAN MOORE: The merchants that were involved, it was very vulgar, obscene language sprayed on several businesses late Saturday night, early Sunday morning. A special thanks go out to the IGA, who had their wall painted by nine o'clock in the morning on Sunday to get rid of the language. The Brldgehampton National Bank removed their sign, where this graffiti and whatnot had been sprayed on it. Pagano's Pizzeria was spray painted, and cleaned up immediately. The Presbyterian Church, and special thanks, It is unfortunate but Reverend Kelly is here as a new minister at the Presbyterian Church, and Sunday was his first sermon, and the police contacted him, and special thanks go out to our Police Department, and particularly Lieutenant Cochran. Three o'clock in the morning he contacted the Reverend, and Lieutenant, and the Reverend, and a few others were taking down the Presbyterian Church's sign on which this disgusting language had been painted, so that the parishioners wouldn't see it Sunday morning, and I thought it was great they did it, because it was very disturbing language. Angry individual, or individuals, and the police were all ready investigating this. Whether it is a bias crime or not, we don't know, but certainly hateful language by the time it reached the church. As Jean said, the message was turning into rather hateful language, so it is ironic that today a long scheduled sensitivity training was going on at the Police Headquarters. I was really happy to see the community respond so quickly to eradicate the graffiti and the bad stuff going on there. SUPERVISOR COCHRAN: I want to add my thanks to that, because I was just amazed, by noon the next day you really wouldn't know it had happened, but of course we know, and as Bill said, the Police Department has a couple of solid leads, and they have interviewed all the people in the neighborhood, and the area, for anything they might have seen, and so have a couple of things to go on. Hopefully we will find them, because they certainly will be prosecuted to the full extent, and perhaps others will learn a lesson. May I say, that the village, as all of the villages, look especially pretty thls year. It's great. We are kind of waiting for the Rotary, but as you know I will stop in the middle of the resolutions, if I have to. V. RESOLUTIONS SUPERVISOR COCHRAN: As you know the Town Board has a policy, that if anyone would like to speak in relation to any of any of the resolutions on the agenda, we would be very happy to take your input, or your comments at this time. Is there anyone that would like to address the Board in relation to any of the planned resolutions? RALPH WILLIAMS: I am Ralph Williams. I am one of the amateurs of the community, and under the assumption that the Board does in fact add the language to this message, so to permit the amateurs to serve the town adequately, I want to offer thanks. Perhaps I am being a little bit premature, but I don't think so. So, I want to do the other thing that promlse on behalf of all the amateurs, that we will continue to serve. SUPERVISOR COCHRAN: Thank you. It is number 37, so it will be acted upon tonight, and hopefully, the Board will support and pass it, and we should be the one thanking you for the work that you people do as volunteers in the community, so we thank you, and a Happy Holiday. Is there anyone else that would like to address the Board in relation to any of the resolutions? 1.-Moved by Justice Evans, seconded by Councilman Romanelll, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1998 budget as follows: To: Al110.4.500.300 From: Al110.~.200.200 Justices, Contractual Expenses Interpreters Justices, Contractual Services Court Reporters 1. - Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. $ 8~5.00 $ 845.00 Murphy, Councilman Councilwoman Hussie, 2.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Fanning, Phillips, & Molnar dated November 25, 1998 to provide professional services regarding replacing or upgrading the present HVAC system at Town Hall at a cost not to exceed $~,8~7.62, payable from the 1999 Bullding and Grounds budget. 2.-Vote of the Town Board: Ayes: Councilman Romanelll, Councilman Moore, Justice Evans, Supervisor Cochran. Thls resolution was duly ADOPTED. Murphy, Councilman Councilwoman Hussle, 3.-Moved by Councilman Romanelli, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1998 budget as follows: To: A.1680.~.~00.555 From: A.1680.4.400.553 Central Data Processing Tax Collection Maintenance Central Data Processing Police System Maintenance 3. -Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. $ 1700.00 $ 1700.00 Murphy, Councilman Councilwoman Hussie, 4.-Moved by Councilman Murphy, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 8th day of December, 1998, a Local Law entitled "A Local Law in Relation to Henry's Lane and County Road 48", now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 P.M., Tuesday, December 22, 1998, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to No Parking Signs on County Road 48 & Henry's Lane. BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 92 (Vehicles F~ Traffic) of the Code of the Town of Southold is hereby amended as follows: Between Name of Street Side Hours of County Road 48 North At all times * Underline represents additions Strikethrough represents deletions Location in Peconlc, along the north side of County Road 48 from the northeast corner of Henry's Lane easterly for a distance of five hundred (SOO)feet. II. Severabtlity. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by by any court of competent jurisdiction, any judgement made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon flung with the Secretary of State. q.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 5.-Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to sign an Agreement with the New York State Department of State for a grant funded under Title 11 of the Environmental Protection Fund. The grant is entitled "Road Ends Public Access and Stormwater Control Improvements" in the amount of $70,000.00. 5.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 6.- Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to sign a Grant Agreement and Depository Agreement for the 1998 Section 5310 with the New York State Department of Transportation. 6 .- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervlsor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: We are holding #7, a resolution in regard to semlnar attendance. You will have more information in your boxes tomorrow, and it will be put on at the next Board meeting for a decision. 8.- Moved by Councilwoman Hussie, seconded by Councilman Romanelll, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bld of Charles Greenblatt, Inc., at a per item total price of $7u,3.80, for supplying the Southold Town Police Department with Uniform Clothing for the calendar year 1999, all in accordance with the bid specifications. 8.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 9.- Moved by Councilman Romanelll, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Hoppy~s Cleaners, Inc. for the cleaning of the uniforms of the Southold Town Police Department for the period from January 1, 1999 through December 31, 1999, all in accordance with the bid specifications. 9. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 10.- Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regrets, the resignation of Thomas F. Doherty, Jr., Bay Constable, Fishers Island, effective December 31, 1998. 10; - Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 11.-Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to John Greene, Chairman, Southold Town Landmark Preservation Commission for attendance at a Historic Preservation on Long Island Landmark Controls and Your Community Workshop of the Society for the Preservation of Long Island Antiquities at Cold Spring Harbor, New York, held on December 2, 1998, and the $10.00 registration fee shall be a legal charge to the A7520.u,.600.2009 Landmark Preservation 1998 Budget. 11. ~Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 12.-Moved by Councilwoman Hussie, seconded by Councilman Romanelll, it was RESOLVED that the Town Board of the Town of Southold the General Fund Whole Town 1998 budget as follows: To: A1355.a,.500.300 Assessors, Consultant From: A1355. u,. u,00. 600 A1355.U,. 500. 200 A1355.U,.500.250 12. - Vote of the Romanelll, Councilman Moore, Justice Supervisor Cochran. This resolution was duly ADOPTED. hereby modifies $ 1,325.00 Assessors, Typewriter Maintenance $ 138.00 Assessors, Appraisals $ 136.~9 Assessors, Accountants $ 1,050.51 Town Board: Ayes: Councilman Murphy, Councilman Evans, Councilwoman Hussie, 13.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Southold Town General Fund Budget 1998 as follows: To: A3089.60 From: A1330.4.100.100 A1330.2.200.200 Misc. State Aide New York State Star Program Aide Office Supplies & Materials Receiver of Taxes Office Furniture Receiver of Taxes 13. - Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. $ 4,167.47 $ 3,292.47 $ 875.00 Murphy, Councilman Councilwoman Hussle, 14.-Moved by Justice Evans, seconded by Councilwoman Hussle, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1998 budget as follows: To: A.8160.4.500.400 Refuse & Garbage, C.E. Fee for Services, Non-Employees DEC Monitoring Expense $ 5,000.00 From A.1990.4.100.100 Contingent, C.E. Unallocated Contingencies A.9010.8.000.000 Retirement, Employee Benefits NYS Employees Retirement System 14. - Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. $ 1,975.50 3,024.50 Murphy, Councilman Councilwoman Hussle, 15.- Moved by Councilman Romanelll, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 1998 Wastewater Disposal District budget as follows: To: SS1.8130.1.200.100 Part Time Regular Earnings SS1.8130.4.200.200 Light F, Power SS1.8139.4.500.100 Accounting & Auditing From: SS1.8130.4.500.900 Unallocated 15.- Vote of the Town Board: Ayes: Romanelli, Councilman Moore, Justice Supervisor Cochran. This resolution was duly ADOPTED. $ 6,200.00 1,000.00 1,875,00 $ 9,075.00 Councilman Murphy, Councilman Evans, Councilwoman Hussie, 16.- Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund Whole Town 1998 budget as follows: To: DA. 5130.2.500. u,00 Machinery, Equipment Other Equipment Radio Equipment $ 939.00 From: DA.5140.4. 100.550 Brush'& Weeds, C.E. Supplies & Materials Equipment Parts & Supplies 16. - Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. $ 939.00 Murphy, Councilman Councilwoman Hussie, 17.-Moved by Councilwoman Hussie, seconded by Councilman Moore, WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Goose Creek; and WHEREAS, the County of Suffolk proposes to do said dredging of the aforementioned waterways in the Town of Southold at a minimal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specification, agreements, and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits and any renewals thereof; now, therefore, be it RESOLVED that Supervisor Jean W. Cochran be and she hereby is authorized to execute, on behalf of the Town of Southold, all necessary plans and specifications, surplus disposal area agreements, assurances to the County of Suffolk, license and/or dredging permit applications to the Federal and State Agencies and any and all other documents that may be required to accompllsh said dredging work. 17.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 18.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1998 budget as follows: To: A1410.2.200.400 Office Equipment, Fax Machine Town Clerk From: A1410.2.200.100 Office Equipment, Typewriters A1410.2.200.200 Office Equipment, Tape Recorders A1410.2.200.300 Office Equipment, Filing Equipment 18. -Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. $737.~9 $182.50 $112.00 $L~(.2.99 Murphy, Councilman Councilwoman Hussle, 19.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1998 budget as follows: To: A1410.4.600.200 Meetings & Seminars A1410.4.600.300 Travel Reimbursements From: AlU, S0.2.200.100 Office Equipment, Typewriters 19. -Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. $~04.70 412.80 $417.50 Murphy, Councilman Councilwoman Hussie, 20.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold the General Fund Part Town 1998 budget as follows: To: B3610.1.300. 100 Temporary/Seasonal Employment Regular Earnings, Building Department $ 1,275.00 From: B3610.1.200.100 hereby modifies Part-Time Employees Regular Earnings, Building Department $ 1,275.00 20.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. ~, This resolution was duly ADOPTED. 21 .-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby rejects the bid of ERD Waste Corp., 732 Smlthtown By-Pass, Suite A53, Smithtown, New York 11787, for the Removal and Disposal of Household Hazardous Waste for Calendar Year 1999; and be it FURTHER RESOLVED that the Town Board hereby authorizes the Town Clerk to re-advertise for bids for the Removal and Disposal of Household Hazardous Waste for Calendar Year 1999. 21 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. DECEMBER 8, 1998 22.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby provides coverage under the Town of Southold Employee Health Benefit Plan for any employee retiring under the 1998 retirement incentive and between the ages of 50 and 5~,, provided that the retiring employee pay the monthly premium or premium equivalent during the term of such coverage, and, upon attaining the age of 55, the Town will provide coverage to that retiring employee to the extent it covers other retirees, provided that there is no interruption of coverage between the retirement date and the date the retiring attains the age 55. 22.- Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 3~.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby rejects all bids for supplying the Town of Southold with Heating Fuel Oil and Repair Service for the Calendar Year 199; and be it FURTHER RESOLVED that the Town Clerk to be authorized and directed to re-advertise for bids for supplying the Town of Southold with Heating Fuel Oil and Repair Service for the Calendar Year 1999. SUPERVISOR COCHRAN: This was the lowest bid on fuel oil, and we feel that it is still high, so we are rejecting the bids, and we are going to go out for bid again. 3~.-Vote of the Town Board: Ayes: Councilman Murphy, Justice Evans, Councilwoman Hussie, Supervisor Councilman Romanelli. This resolution was duly ADOPTED. Councilman Moore, Cochran. Abstain: 2~.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby RESCINDS RESOLUTION NO. 13 ADOPTED BY THE SOUTHOLD TOWN BOARD ON MAY 12,1998: RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1998 budget as follows: To: Revenues A.2705.o,0 Gifts & Donations Other Donations Appropriations: A. 1010.~,.600. 700 24. -Vote of the Romanelli, Councilman Moore, Justice Supervisor Cochran. This resolution was duly ADOPTED. 250.00 Town Board, Contractual Expenses Transportation Committee $ 250.00 Town Board: Ayes: Councilman Murphy, Councilman Evans, Councilwoman Hussle, 25.-Moved by Councilwoman Hussie, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes HHS Administrators to pay the hospital bill of Paul Grattan, which bill was submitted for payment by the hospital more than 90 days after service. 25.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 26.-Moved by Councilman Murphy, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 1998 budget as follows: To: Revenues: B39889.00 State Aide, Harbor F, Erosion Management $ 231,u,80.00 Appropriations: B8020.~.600.700 Planning, Contractual Expense, Miscellaneous Erosion Mitigation Study $ 231,u,80,00 OECEM E '301 26. -Vote of the Town Board: Ayes: Councilman Romanelll, Councilman Moore, Justice Evans, 5upervlsor Cochran. This resolution was duly ADOPTED. Murphy, Councilman Councilwoman Hussle, 27.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 1998 budget as follows: To: B--~020.u,.600.600 Planning, Miscellaneous, Dues ~, Subscriptions $ 95.00 From: B8020.2.500.900 Planning, Other Equipment, Aerial Photographs $ 95.00 27.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelll, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 28.-Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby increases the petty cash fund of the Receiver of Taxes from $200.00 to $250.00. 28.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 29.-Moved by Councilman Moore, seconded by Councilwoman Hussle, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a Part-time Clerk Typist to work up to 17 1/2 hours per week in the Office of the Receiver of Taxes, at a salary of $6.72 per hour. 29.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelll, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 30.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of Deborah Borgert and Monlca Doucette as Part-Time School Crossing Guards on Fishers Island due to the fact that they have moved off of Fishers Island; and be it FURTHER RESOLVED that an employment position notice be posted on the Fishers Island Community Bulletin Board, and the Southold Town Clerk Bulletin Board. 30.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 31 .-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Assistant Town Attorney in the following publications, in addition to the Traveler Watchman: Suffolk Life Newspaper 5 East End Towns; Suffolk County Lawyer; Southampton Press; and New York Law Journal. 31 .-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelll, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 32.-Moved by Councilwoman Hussie, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assessor Darline Duffy to attend the Annual Meeting of the Association of Towns in New York City on February lU,-17, 1999 for the entire 3 1/2 day period on a continuous basis. 32.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran.' This resolution was duly ADOPTED. 33.-Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Gordon Wells Moore as a member of the Southold Town Landmark Preservation Commission, to replace John C. Cronin, effective immediately through April 5,2000. 33.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelll, Councilman Moore, Justice EvansL Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 35.-Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, the Town Board of the Town of Southold has proposed a Local Law in Relation to Amateur Radio Operators; and WHEREAS, pursuant to 6 NYCRR 617 et.al. (SEQRA) this proposed action is an UNLISTED ACTION; and WHEREAS, there are no other Involved agencies; Therefore, Be it Resolved by the Town Board of the Town of Southold that the Town Board hereby declares itself Lead Agency. 35.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 36.-Moved by Councilmen Murphy, seconded by Councilman Moore, WHEREAS, the Town Board of the Town of Southold has proposed a Local Law in Relation to Amateur Radio Operators; and WHEREAS, the Town Board is the Lead Agency under SEQRA (6NYCRR 617 et seq.) WHEREAS, a Short Environmental Assessment Form has been completed; and WHEREAS, the project has been referred to both the County and Town Planning Boards; therefore be it RESOLVED that the town Board hereby issues a Negative Declaration pursuant to SEQRA as the above referenced project will have no potentlal adverse environment Impacts. Therefore, a DEIS will not be required. 36.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. Thls resolution was duly ADOPTED. 37.-Moved by Councilman Moore, seconded by Councilman Murphy, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 10th day of November, 1998, "A Local Law in Relation to Amateur Radio Operations", of the Town of Southold, and WHEREAS, a public hearing was held on this Local Law on the 2~th day of November, 1998, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 25 - 1998 A Local Law in Relation to Amateur Radio Operations BE IT ENACTED, BY THE Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Article IVI, Section 100-161 is hereby amended as follows: § 100-161. Scope. The regulations of this article shall govern and control the erection, cnlargemcnt, expansion, alteanttion, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC) regulations pe~tining to such facilities. Nothir~g herein shall be construed to lknp~ to, prohibit, re~llate~ or otherwise affect the erection, maintenance, or utiliT~tion of antennas or s~.oport stnmt~lres hy those iiemn~ed hY the Federal C'~ommunie~tion~ Commission pursuant to cha0ter 47 of the Code of Federal Regulations Part 97 to operate Amntenr radio stations. OECEM 303 II. Severabillty. If any section or subsection, paragraph, clause, phrase or provision of this. law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgement made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. 37. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: From time to time we are very pleased that we are able to do special presentations. I understand this evening that there is going to be a presentation to our Police Department. These are members of the Southold Rotary. MICHAEL COMANDO: Good evening. My name is Michael Comando. I am the President of the Rotary Club in Southold. Since 190,8 the Rotary Club of Southold has been dedicated to serving this community, and we the men and women of Rotary have given of themselves, physically and financially, to improve the quality of life here on the North Fork, as well as nationally, and internationally. Every Rotarian has a deep personal concern with community safety. We share the universal desire to seek secure home, and to walk out into the streets with safety, and know that our children are being reared in a caring, nurturing and bias-free community. We know that safety can not be left solely to lawmakers, police, and fire departments. It requires a continuing vigilance of everyone in the community. Rotarians accept their share of this responsibility quite naturally, as the duty of concerned citizens. We have a lot of fun doing that in the process. To mention just a few of the community service projects we have undertaken, and are currently involved in, a Gift of Life where we sponsor a child from another country to receive lifesaving surgery, Shots for Tots providing free immunization for children in our community, CROP Walk, Special Olympics, Eastern Long Island Hospital, Food Basket distributions to members of our community, student scholarships, and Southold High School Interact Club. These are just a few of the activities which we, as a club, are involved in. Now, as an expression of the Rotary Club of Southold~s continued commitment to appvovlng the quality of life of the citizens of this fine town. Knowing that we in some way have helped another human being on behalf of the Rotary Club of Southold it is our pleasure to present this state of the art lifesaving device, also know as a defibrillator. LIEUTENANT COCHRAN: First I would like to thank the Rotary Club for assisting the Police Department to buy another defibrillator. This will be the fourth one, so we now have them in four patrol cars. As far as what it is, it is a portable defibrillation machine, and I am not an EMT, and Office Ginas is. I will let him give you a quick run-down on what this is. OFFICER GINAS: This device is designed to automatically administer a shock to restart the heart to a victim, who is in cardiac arrest. Simply by applying the pads, turning on the unit, and then following voice and written prompts on display the heart can be restarted by a push of the bottom. This is the fourth unit we have in the town at this time. SUPERVISOR COCHRAN: How many more do we need? OFFICER GINAS: We have three in next year's budget, then we can put one in all of our seven cars on the road. SUPERVISOR COCHRAN: May I have a motion to recess for a hearing? Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that a recess be called at this time, 8:00 P. M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 30r4 DECEMBER 8, 1998 Meeting reconvened at 8:10 P.M. 38.-Moved by Councilman Murphy, seconded by Councilman Moore, WHEREAS, the Town Board of the Town of Southold has proposed a Local Law in Relation to GOLF COURSES; and WHEREAS, pursuant to 6 NYCRR 617 et.al. (SEQRA) this proposed action is an UNLISTED ACTION; and WHEREAS, there are no other involved agencies; therefore be it RESOLVED by the Town Board of the Town of Southold that the Town Board hereby declares itself Lead Agency. 38. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 39.-Moved by Councilman Romanelli, seconded by Councilwoman Hussie, WHEREAS, the Town Board of the Town of Southold has proposed a Local Law in Relation to GOLF COURSES; and WHEREAS, the Town Board is the Lead Agency under SEQRA (6 NYCRR 617 et seq.) WHEREAS, a Short Environmental Assessment Form has been completed; and WHEREAS, the project has been referred to both the County and Town Planning Board; therefore, be it RESOLVED that the Town Board hereby issues a Negative Declaration pursuant to SEQRA as the above referenced project will have no potential adverse environmental impacts, therefore, a DEIS will not be required. 39. - Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 40.-Moved by Councilman Murphy, seconded by Councilman Moore, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 10th day of November, 1998, "A Local Law in Relation to Golf Courses", of the Town of Southold and WHEREAS, this Local Law in Relation to Golf Courses has been referred to both the Suffolk County Department of Planning and the Southold Town Planning Board; and WHEREAS, the only issue raised by the Town Planning Board is a concern that the definition of Golf Club not be confused with the definition of that of a Standard Regulation Golf Course; and WHEREAS, this is a code interpretation issue and not an issue affecting a substantive portion of the Zoning Code; and WHEREAS, the intent of the Local Law is to permit any entity, not just a not-for-profit corporation to own/operate a golf club and to remove public golf courses as a permitted use (by special exception); and WHEREAS, a public hearing was held on this Local Law on the 2U, th day of November, 1998, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 26 - 1998 A Local Law in Relation to Golf Courses BE tT ENACTED,by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Article I, Section 100-13 (Definitions) is hereby amended as follows: CLUB, MEMBERSHIP OR COUNTRY or GOLF C~3UROB, NONPROFIT -- A n~-foi-pt~t ~po~afi~ ~ de~l~ h~; 102 offl~; ~l-~ofit ~pot~ion ~w offl,~ ~ ofN~ Y~k, ~ ~lish~ for ~e p~dp~ p~se of cngaging in ou~oor spot, such ~ golf, te~s, sw~g, fis~, h~fing or simil~ ~fivifi~, but not including ~y fo~ of avi~io~ ou~oor ~, ~t or t~gct sh~fing or moW~at ~:ng. ~ a~tivit~ of s~h a ~lub d~i bc l~,,fit~ 2. A~icle III Seetion 100-31 (Use regulations) is he.by amended as follows: (7) Beach clubs, tennis clubs, c. ountry clubs, golf clubs, public golf and annual membership clubs ~tc, i,~s cx~.lusicely to memb~.,. ~,d thcit guests and acoessory playgrounds, beaohes, swimming pools, tennis c. ou~, recreational buildings and maintenance buildings i~sterlq~ exchmive~ to members and their g~, subjeet to the following requirements: (a) No buildiag or part thereof or any parking or loading area shall be located within one hundred (I00) feet of any street line or within fiRy (50) feet of any lot l~e. (b) The total are~ covered by principal and aooessory buildings shall not exceed twenty pc:cent (20%) of the area of the lot. (c) Such ut~ t, hall aot bc co,idac, ted for profit az a bo.b;,m~ ~at~prise. (d) (c) No such use shall occupy a lot with an area of leas than three (3) acres. EN * Underline represents additions. Strikethrough represents deletions. II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgement made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. 40;-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 41 .-Moved by Councilman Moore, seconded by Councilman Romanelli, WHEREAS, the Town Board of the Town of Southold has proposed a Local Law in Relation to ZONING CODE DEFINITIONS; and WHEREAS, pursuant to 6 NYCRR 617 et. al. (SEQRA) this proposed action is an UNLISTED ACTION; and WHEREAS, there are no other involved agencies; therefore, be it RESOLVED by the Town Board of the Town of Southold that the Town Board hereby declares itself Lead Agency. 41. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. 42.-Moved by Councilman Romanelii, seconded by Councilman Moore, WHEREAS, the Town Board of the Town of Southold has proposed a Local Law in Relation to ZONING CODE DEFINITIONS; and WHEREAS, the Town Board is the Lead Agency under SEQRA (6 NYCRR 617 et seq.) WHEREAS, a Short Environmental Assessment has been completed; and WHEREAS, the project has been referred to both the County and Town Planning Boards; therefore, be it RESOLVED that the Town Board hereby issues a Negative Declaration pursuant to SEQRA as the above referenced project will have no potential adverse environmental impacts. Therefore, a DEIS will not be required. 42. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 43.'-Moved by Councilman Moore, seconded by Councilman Murphy, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 24th day of November, 1998, "Local Law in Relation to Zoning Code Definitions", of the Town of Southold; and WHEREAS, this Local Law in Relation to Zoning Definitions has been referred to both the Suffolk County Department of Planning and the Southold Town Planning Board; and WHEREAS, the Local Law's intent is to promote greater efficiency and simplicity in the building permit process; and 306" OECEMBER 8, 1998 WHEREAS, the Local Law does not affect the goals of the Zoning Chapter; nor any use or area issues but rather addresses the administrative process of building permits; and WHEREAS, the Southold Town Planning Board addresses administrative and code enforcement concerns not issues relating to Town Planning goals or the underlylng Town Zoning Laws; and WHEREAS, a public hearing was held on this Local Law on the 8th day of December, 1998, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 27 - 1998 A Local Law in Relation to Zoning Code Definitions BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold Is hereby amended as follows: I. Ardde I, Section 100-13 (Definitions) is hereby amended as follows: (S) ?otd,c4~ outdoor bins a~l otl~r BIJ~.~ING A struoture wholly or pm-ti~lly enda~d within e~tterior v/nil, or within exterior and party v/nils, and a rooF. affotdin{ shelter to i;~sons, animals or property, STRUCTUI~R An assembly of materlsls, formiqg a conduction framed of coml~onent structural parts for oc~panoy or use. including buildhlgs. *Underline represents additions Strikethrough represents deletions II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutlonal by any court of competent jurisdiction, any judgement made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect Immediately upon filing with the Secretary of State. q3.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelll, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. q~.-Moved by Justice Evans, seconded by Councilman Moore, WHEREAS, the Town Board of the Town of Southold has proposed a Local Law in Relation to BUILDING PERMITS; and WHEREAS, pursuant to 6 NYCRR 617 et. al. (SEQRA) this proposed action is an UNLISTED ACTION; and WHEREAS, there are not other involved agencies; therefore, be it RESOLVED by the Town Board of the Town of Southold that the Town Board hereby declares itself Lead Agency. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. ~5.-Moved by Justice Evans, seconded by Councilman Moore, WHEREAS, the Town Board of the Town of Southold has proposed a Local Law in Relation to BUILDING PERMITS; and WHEREAS, the Town Board is the Lead Agency under SEQRA (6NYCRR 617 et. seq.) WHEREAS, a Short Environmental Assessment Form has been completed; and WHEREAS, the project has been referred to both the County and Town Planning Boards; therefore, be it RESOLVED that the Town Board hereby issues a Negative Declaration pursuant to SEQRA as the above referenced project will have no potential adverse environmental impacts. Therefore, a DEIS will not be required. 45. -Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. q6.-Moved by Councilman Moore, seconded by Councilman Romanelli, WHEREAS, there was presented to the Town Board of the Town Board of the Town of Southold, on the 2u, th day of November, 1998, "A Local Law in Relation to Building Permits", of the Town of Southold, and WHEREAS, a public hearing was held on this Local Law on the 8th day of December, 1998, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 28 - 1998 A Local Law in Relation to Building Permits BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter u,5 (Fire Prevention and Building Code) of the Town of Southold is hereby amended as follows: 1. Section u,5-8(A)(Building permit required; application for permit) is hereby amended as follows: No person, firm or corporation shall commence the cr~ction, construction, enlargement, alteration, removal, improvements, demolition, conversion or change in the nature of the ocoupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure; exc~fft that ~xo bu;ldiflg p,.,,,fit sludl b6 [~.l~i~cd fo~ file F'-~ fu~,aalc6 of otdimu'y r~oahs which ~ae uot ~tt u~J.m~l i~ ~ag. ate A building permit shall be required for an5' work which must conform to the Uniform Code. Except that no building permit shall be required for: [1 ] necessary repairs which do not materially affect structural features; [2] alterations to existing buildings, provided that the alterations: (A) cost less than gl0,000; (B) do not materially affect stroctural feRtures; (CT) do not affect fire safel~' features ouch ~. ~moke detectors, RpHnklers, required fire s{lparations and exit~ (D) do not involve the inst~ilation of electrlenl ayate, ms; ~nd {~) do not include the installation of ~olid fuel-burnirlg heating appliances and a~sociated chimneys and flu~ [3] ~mall noncommercial structures less than 100 s0,u~re feet in floor area not intended for u. se by one or more persona a. quarters for living, sleeping, eating or cooking,for example, a small storage building. Whether or not a huildirtg permit is required, all work, stroct~]rea, and buildings must comply with 'the provisions of Chapter 100 of the ~qouthold Town Code (Zoning) DECEMBER 8,1998 * Underline represents additions Strikethrough represents deletions II. Severablllty. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgement made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. 46. -Vote of the Town Board: Ayes: Councilman Murphy, Councilmen Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. 47.-Moved by Councilman Moore, seconded by the Entire Town Board, WHEREAS, the Town of Southold as a community of concerned citizens is committed to the cause of fighting bigotry and hatred and the violence that sometimes accompanies these vile expressions; and WHEREAS, hate crimes legislation is pending before the New York State Legislature to address and give protection to victims of bias crime and to punish appropriately those whose criminal acts are proven to be motivated by bias; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby request that the New York State Association of Towns adopt a resolution of the Association at their Annual Meeting in February, 1999, urging the passage of hate crimes legislation by the New York State Assembly and the New York State; and be it FURTHER RESOLVED that the Southold Town Clerk is hereby directed to forward a copy of this resolution to Assemblywoman Acampora, Senator Kenneth LaValle, Assembly Speaker Sheldon Silver, Senate Majority Leader Joseph Bruno and Governor George Pataki. 47.-Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelll, Councilman Moore, Justice Evans, Councilwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That is the end of our planned resolutions. At this time, we would like to invite anyone who would like to address the Town Board in relation to any Town business, please feel free. Mr. Meineke? HOWARD MEINEKE: Howard Meineke. I am speaking for myself. I just want to comment. I think It is ludicrous to have a hearing at 8:05 on a Local Law, when supposedly you are getting opinions which may or may not shape your actions. Then item 46 is to enact the Local Law. It does make us feel damn irreverent, and I don't like it one little bit. JEFF GOUBEAUD: Good evening, Madam Supervisor, members of the Board. My name Is Jeff Goubeaud. Recently I came across an article in Suffolk Life dated November 25th about the North Fork Environmental Council presenting an award to Supervisor Cochran for her role In helping to preserve and protect the old time character of the North Fork. Supervisor Cochran was later quoted as saying, I'll forge ahead in the preservation of Southold, and we'll all work together to obtain our goal. I would llke to applaud the Supervisor for her extraordinary work in preserving the open space of our community. I think you and the Board have done a great job in the endeavor. However, protecting the old time character of the North Fork goes beyond the conservation of just open space, it also encompasses the preservation of our buildings and domiciles, the structures that our forefathers built and used on this land. Land by itself does not give character to a community, it is also the structures which are built upon the land. If you consider the land as the body of the community, then you must consider the structures that have been built upon this land as the soul. The two combined are what gives us this character of community. Both must be preserved equally if the old time character is going to be preserved. Epher Whltaker, in 1882, wrote in the introduction to the Southold Town Records, Volume I, describing our forefathers. They possessed indomitable patience, Christian zeal, vigorous industry and political sagacity. If they did not build better than they knew, they constructed institutions far superior to any among their contemporaries, far more excellent than the best which had ever been DECEMBER 8, 1998 309 established in any part of the world, and the benign influence of these Puritan Towns has become the pervading and most effective element in the political and religious history of the United States. Epher Whitaker is talking about the character of the community, from the structures built upon the land to the governing bodies designed to run the land. He was underscoring the hlStorical importance that this character had on the early formation of our country, and more important to him, on his Township, Southold. Today, there is talk of razing a part of this history from our landscape. Ironically, it is the house that Epher Whitaker once lived in and most likely wrote that introduction from. Over the last several weeks, members of our community have eloquently expressed In the local newspapers their feeling on the preservation of the Whltaker house, situated next to Town Hall in the Historic Preservation district. These letters led me on a quest to find out just how wide spread these feelings were. I started a petition that in just three weeks I was able to get over two hundred signatures. The petition asks the Supervisor and the Town Board not to tear down the Whltaker house next to Town Hall. It asks that the Supervisor and the Town Board be leaders in historic preservation, not demolition, to be the Stewards of Southold Town's treasures. In essence, to embrace the spirit of Epher Whltaker. Working together as a team the Supervisor, Town Board members and the community, we can embrace the spirit to preserve the old time character of Southold Town, the oldest English town in the State of New York. SUPERVISOR COCHRAN: Thank you, Jeff. JEFF GOUBEAUD: I have petitions here. There are 0,36 signatures so far. There a lot of them out there. SUPERVISOR COCHRAN: Hopefully you won't need any more. Jeff, in some of your answers the Town Board has not made any firm decisions. Okay? There are several things happening, one of which is we are looking to get a grant from the New York Counsel of the Arts in the amount of $1,200. We understand to really understand and know what is in the house that we should have a forensic architect go through the house, and tell us exactly what is there. Number two, Mr. Williams, who serves on that committee, and Mr. Stack, have been going through and taking some of their notes of which I have sald to Mr. Williams, if there is something there that should be saved, it will be saved. I think you can verify from my statements. We have options. We have options. When I presented the resolution quite a time back I included one of the options as tearing it down, because we all know what happened to the Hartranf House, where overnight you woke up in the morning, and it was gone. We know this. This has given a expression to the community that this could be one of the options. Okay? Other options, I have a gentleman that lives down east would like to move it. He is looking at that. He has been up to see the house twice. That is an option. An option is leaving it where it is, and restoring it, and letting your historical societies work on it, and make it Friends of the Whitaker House, an option. An option is I can't lose track of the goal that we have to. The Town Board is responsibility for the health, safety, and welfare of it's employees. Many of us take the Friday off, after Thanksgiving, because it gives us a long hollday. That happened downstairs, where our finance department, one of our workers was the only one working there, she fell, she broke her leg, she laid there until a delivery man found her. Now, we can't have this happening also, and I know the whole focus has begun to become saving the Whitaker House, but I think part of the goal is also finding the proper adequate space for employees of the town. Options, another option, this is just a rough plan, but it shows the Whitaker House being restored. It shows the present Town Hall here with a connecting function, a Town Hall annex here, the Whitaker House in the front with a courtyard in between. So, the Town Board has not, may I stress, has not taken any definite decisions. We are looking at the options. We are waiting for the grant. We are going to investigate it with the forensic gentleman, and that is where we are going. I think a lot of people jumped the gun with assumptions. JEFF GOUBEAUD: I think with good reason, because, again, what happened with the Hartanf House. SUPERVISOR COCHRAN: That is why I put the warning way back in the resolutions, and it has served a purpose. Everybody is saying, let's save it. Let's raise funds and save it. One thing I would like to share with you also, we have some money left in Off Street parking, and in addition to the house there is a great value to the carriage house, the little barn out back. It Is not a garage. It is all hand pegged beams, and so on, and so fortl~. What we are going to do presently is clean up the lot in the back, which we own over on Travelers Street, behind the Academy, and maybe relocate the carriage house at least at this point. We haven't really picked a definite spot here, but we would like to see that, because that is disintegrating faster than the house is, if I may say so. That has been moved once already, so we would like to place that somewhere where we could begin to look at preserving that. SUPERVISOR COCHRAN: Anyone else llke to address the Town Board? Mr. Gold? JOE GOLD: Joe Gold, Southold. I would like to comment on this issue. I think sometimes groups, the Town Board, any other governmental get locked In on certain set of assumptions, and forget that there are other options. When you are talking about options, no one is suggesting that you continue to work in the basement of Town Hall. SUPERVISOR COCHRAN: I know that. JOE GOLD: Correct me if I am wrong, I believe there are seven people working in the basement. SUPERVISOR COCHRAN: Total? We have the Town Historian. We have the Finance Department. We have the Custodians Office. We have the morgue where we have people filing and working. We have the Trustees, and we have Community Development, all in the basement, and date processing. Our computer Is in the bathroom. The GElS is in a room where we have leaky pipes. We are trying to get some of those fixed. We are looking at possibly putting a new system in here. There are many needs. This isn't frivolous. JOE GOLD: I am no suggesting it is. My point is you have a large office on the main floor of Town Hall, that only serves us five months of the year, the Receiver of Taxes. The Receiver of Taxes could be in Feather Hill. The Town's Finance department could be in Feather Hill. My only point is there are options that are not on the option list. SUPERVISOR COCHRAN: We will continue looking at them, but I certainly couldn't have Finance in Feather Hill, and the Town Clerk and the rest of the offices. I use the Finance Department two dozen times a day. There are certain departments that relate to one another, that have to be in close proximity to one another in order to function properly. Any suggestions we will certainly look at. JOE GOLD: I see in the Work Session there was a review of the design of the pool. Maybe we should step back before we get designs, stop and think what about the YMCA in Creenport? If that is part of the equation, then we are talking about two pools, two recreation facilities within the Town of Southold, one of which would be constructed at no cost to the taxpayers. I do believe that there are more options available for most of these projects throughout the town to consider. SUPERVISOR COCHRAN: We selected what we felt was the best design that was presented to the town. A committee is not flnlshed functioning yet, Mr. Gold, because to date we have had design concepts, we have not had a financial picture. We feel that it is important to develop the entire financial picture, and this will go to referendum. This will not be a final Board decision. It will be the public's decision. So, we will continue moving ahead on this particular project. COUNCILMAN ROMANELLI: The Greenport YMCA still has no dollar numbers put up for them. They have no concrete plans, no concrete location, not even close. They haven't the amount of funds that they need to make that happen. So, I don't believe It would be two facilities in one town. I think it ls a matter of what facility Is going to work, or where the money can go. I don't think anyone on this Board plans on having two facilities within five miles of each other. JOE GOLD: That Is the kind of thing I am talking about. We should not be having a race tb see who can put up a pool. You should look at the Greenport operation. I have a feeling, this is my own gut feeling, when David Kapell wants something It generally turns into something, and he wants a YMCA in Greenport. COUNCILMAN ROMANELLI: I think you are putting words in our mouth, because no one is counting outs, no one is saying there Is a race for the town to beat Greenport. That is your view of the subject. You are putting words in our mouth. There is no race by us against them. I have spoken to Dave Kapell many times about the YMCA, and they are having the same difficultles that the Town is having as getting off the ground, raising the money, finding out where it is going to go, if he is going to have the support of the village to put it there, so everybody is still in the planning stages, and you may see the Village of Creenport concede to the fact that they can't have it in the village, and maybe the Town's option is better. So, by the Village looking at their options, and the Town looking at our options, we are giving the people of the town many options, so don't stand at the podium, and put words in our mouths. JOE GOLD: I would just llke to say that the Village of Greenport is in the Town of Southold, part of the Town of Southold. It Is not a Greenport YMCA. If he can attract the support it is a Town of Southold YMCA. It is a project worthy of consideration. SUPERVISOR COCHRAN: Alice, do you have anything to add? COUNCILWOMAN HUSSIE: Yes, I thought maybe someone would ask me. At this time, what we did today was chose one of three designs, primarily to have the opportunity to form a group, to get together a group of citlzens, who would be able to talk about the architecture of this particular design. We are trying to keep it down to 35,000 square feet, because of the cost, and 35,000 square feet is essentially all we actually need. But, the proposals that were presented with leave a few areas that need further application, and we have to gather together the best and most Information that we can give the citizens prior to a referendum. We have contracted with anybody, and thls Is still not going to be an expensive situation. I predict ithat this will take us at least three to four months to gather all of these more particular particulars, and during that time if in deed Mr. Kapell in Greenport comes up with something better or equal, or whatever, maybe that is thelr win. I am saying, win, but it is not a contest. We have been doing this now for two years, and we have gone slowly, and surely. I think that we have come up with a design that is pretty good, and fills all of our needs, and that will be pleasant, and welcoming, but nevertheless, you will want to know exactly what it Is going to cost. You will want to know how much you would have to pay to use it. You will want to know primarily money things, and It is my goal to be able to provide that to the entire community. SUPERVISOR COCHRAN: So, we will continue gathering information. Anyone else like to address the Town Board? (No response.) If not, I will call for Board reports starting on my left. Greg, do you want to share with the people that watch the Board meeting from tlme to time? Mr. Kuhn keeps coming in. Maybe you could share the answer you found, because I am sure that there Is other people that have sat here, and said, gee, I wonder what the answer is. TOWN ATTORNEY YAKABOSKI: Mr. Kuhn has asked a a couple of times about the lawsuit against LIPA. Actually It is the County of Suffolk, Town of Huntington, and the Town of Babylon against LIPA, and several other defendants. If anybody is interested I will have a copy of the Class Action complaint in my office. Basically, short and sweet, what the plaintiffs are looking to achieve is a declaration that LILCO ratepayers have property right to $1,000,000 capital gain resulting from the LIPA takeover. A declaration that LILCO ratepayers have a property rights to the ratepayer funding, $800,000,000 access held by LILCO at the time of it's dissolution, and are entitled to a full accounting for these funds. A determination that LIPA take over was unconstitutional, and impacted on contractual rights of LILCO ratepayers. That is basically it. The attorney for the Town of Huntington, Irving Like, County of Suffolk, and the Town of Huntington, I have his address and phone number here. Anybody that might be watching tonight, or in the audience, I can make a copy tomorrow anytime. Where it currently stands is it is filed in Federal Court. COUNCILWOMAN HUSSIE: I missed the last Board meeting. I was in Bermuda, but I don't want anybody to think that garbage wasn't on my mind, because I had occasion to go by the Bermudian landfill, which is being covered over with, believe it or not, compost and other stuff, just as we have to do. There are 60,000 people in Bermuda, and they have the same problem we do. They have water problems, and they have garbage problems. While I am not advocating an incinerator I must tell you that..in the first place we couldn't make an incinerator worthwhile. It would not be correct financially, so don't hit me about this, but I will tell you that evidently incinerators have come a long way, baby, because the one in Bermuda has a building about half the size of the collection center down in Cutchogue, one big huge stack, which doesn't look bad, with some sort of a deal on the top that looks like a garbage can, which they evidently had scrubbers and various things in it. The big point is, I walked by there a couple of times, I talked to some of the people who do live nearby, and It is right smack in the middle of a residential neighborhood, nobody has a complaint. They don~t even know it is there. I tell you Bermudians are very, very concerned about their environment, and they have to be. So, I am back. COUNCILMAN MOORE: I just want to thank the Board for a couple of resolutions tonight on the Local Law with the Building Permits. We have been banging them around for a long time. It is not easy to try and make life easier. It is so easy to say, we need a law for this, and we need a regulation for that, and we need more control, and more control, and more control, and I applaud the Board for taking the step. I won't say it is a step backwards. I think it is just take that re-examination of some of the complexity, and some of the foolishness that put overlapping and multitudes of government on top of things. I also applaud the Board for it's resolution in regard to the Association of Towns resolutions on hate crimes. The program that we had up at Headquarters today was interesting in that one of the detectives from the Suffolk County Police Department talked about the difficulty the Police Department has in finding a crime under present statutes to fit these kind of actions, and they are shoehorned in behavior on legislation to try and recognize the appropriate punishment, and it doesn't work, and there is a lot of political difficulties with legislation up in Albany and hopefully people will push it over the top, and get it done. If the Association of Towns, if they would step up to the plate, and put the weight of that organization behind that legislation I think there would be passage. Thank you to the Board for supporting that. COUNCILMAN MURPHY: I have nothing to report at this time. SUPERVISOR COCHRAN: Louisa, nothing at this tlme. There are several things I would like to share with you. One, if you see little yellow flags down on, you know where our Chamber Booth is on the way to Greenport? You see little yellow flags, DEC is plotting out where our lake is going to be, pond. When I went down yesterday to look at It, and they said, this is where the pond is going to be. That is a pond. But they dig It below the water level, and so it stays with water most of the time, and it allows for the proper runoff to come from Moore's Woods, and this is way of collecting the water along the road, rather to sumps. They were going to cut down trees, and put ugly sumps there. This way, and they are even talking about a gazebo on each end, and they talked about stocking it with fish, but this is going to be a real nice pond, and the front end..we went down to the place where we think the Chamber should be, and there is just one great big beautiful tree there, and it is being situated near by that, and parking behind, and trying to use the same road that cuts in between the Lutheran Church, and that property, so we are not putting down more asphalt and so forth, so I am beginning to get excited because I think it is going to be great. We received a couple of little grants, one for our GElS Program, and one for our road end distribution, but we finally, finally got a check for the recycling grant. It came in yesterday. The check is for $365,000. If a lot more work is completed by May of 2000, we should get another $350,000, but I found this interesting because I asked Jim McMahon to go back, and check when this was first applied for this grant, and it was back when I served on the Board as Councilwoman, and Frank Murphy was Supervisor. That is how far back. Ruth was on the Board at that time. That is how far back this grant goes. So, I would like to say to the Board, there is always hope. It may take twelve years, many years, but they are still aware of our needs, and so this will be pretty nlce if we can get the second half also. I would like to congratulate Detective Sergeant Marry Flatley. Marry is just about finishing up his school with the FBI. He will be graduated on December 11th, and so on behalf of the Town Board we offer him congratulations. As a member of our Force he will bring certain skills, and information with him which will be beneficial to all of us. Also, I would like to congratulate Detective Beth Dzenkoskl, who has been nominated to serve on the SNYPJOA, and that stands for State of New York Police Juvenile Officers Association. As you know Beth serves as our Juvenile Officer, and she is now serving on the State Board, so it is kind of nice when you have people from the community that has this llne of communication. As Bill talked about the Association of Towns and Villages, I will be going up on the 29th, as I sit as a Director on that Board, representing both Nassau and Suffolk County, and I will be pushing the hate crime legislation up there with the rest of the Resolutions Committee. There are about thirty people on the Resolutions Committee, so I think we have a good chance of getting this support for that legislation. The only other thing I would llke to remind you is in the past we have collected stamps off envelopes. I would just like to remind you this time of year is the time of year when we are getting a lot of envelopes in the mall, because we are getting greetings from our neighbors, and our frlends, so if you think of it just take a little jar and set it on the side, and tear it off the envelope, and if you don't know where to take them you can bring them in to Town Hall, and we will see they go where they have to go. So, that Is just a little something. We are very fortunate in the Town of Southold that many of us enjoy a happy holiday, because we have a nice way of llfe, and living, but we still have people in the community that are not as fortunate as we are, and just think about it, but if there is something you can do, be it a small donation to CAST. We have a box out front for some food, but just share your holiday spirit with the rest of our community, and that is what makes Southoid what it is, and that is the people. We thank you for joining us. May I have a motion to adjourn? Moved by Councilman Moore, seconded by Councilwoman Hussie, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:59 P.M. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelll, Councilman Moore, Justice Evans, Councllwoman Hussle, Supervisor Cochran. This resolution was duly ADOPTED. · I~l~Zlle $outhold Town Clerk