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HomeMy WebLinkAboutTB-09/25/2001SOUTHOLD TOWN BOARD SEPTEMBER 25, 2001 Present: Supervisor Jean W. Cochran, Justice Louisa P. Evans, Councilman William D. Moore, Councilman Brian G. Murphy, Councilman John M. Romanelli, Councilman Craig A. Richter; Town Clerk Elizabeth A. Neville, Assistant Town Attorney Mary A. Wilson. 9:05 a.m. James Richter, Town Engineer appeared before the Town Board to recommend that the proposal from H2M Engineers to prepare an RFP for the Animal Shelter in the amount of $18,000.00 be accepted. (See Resolution uo.'s 668 and 669.) Mr. Richter will contact H2M this morning and Councilman Romanelli will get him the paperwork by noon. 9:12 a.m. The Town Board discussed IV. For Discussion Items as follows: IV. 1. Request from Village of Greenport for $575,253. for completion of Mitchell Park. Supervisor Cochran advised that the town capital budget is prepared and planned for at least three years in advance. They currently have plans in place for the completion of three town parks over a period of time. Peconic Lane Park was planned in three stages. We are currently in Phase II which is costing $270,000. this year. Phase III is expected to cost another $270,000.next year. Also, budgeted for next year is $190,000. for recreational fields and equipment for "Strawberry Patch", the 38 acre park site which the county is in the processing of purchasing. Also, in the works is a 10 acre site at East Marion for ball park, tennis court and other recreational improvements. In light of these planned projects, Supervisor Cochran stated that she doesn't foresee any funding for the Village of Greenport in the near future. Councilman Romanelli said that he would like to put some money in the capital budget, but earmark it for a specific project, such as the ice skating rink. Supervisor Cochran stated that she does not support the ice skating rink because it is seasonal, only when it is cold enough to freeze the ice. The best that can be done at this time, since it is an overlapping of services, is to draw them into participating in the Town' s order of planning for parks in the capital by inviting them to designate a representative to sit on our parks and recreation committee. Councilman Romanelli said that their request opens the door to say "you are not a part of our planning at this time, but come on in and join us, let's us do it collectively". The Board agreed that the Village did a good job on Mitchell Park, but there is a definite need for communication. They just can't come in and ask us for money because they are short x amount of dollars and expect us to drop our planned projects. It was decided to adopt a resolution inviting them to designate a representative to serve on the Town of Southold parks and recreation committee. 9:30 a.m. Michael Verity, Building Department Head appeared before the Town Board again to ask for the additional 100 hours to retain the services of the fire inspector through the end of the year. He also asked that this position be funded as a part-time, year-round position for next year. This would raise the cost from $7,600. to $15,200. in next year's budget. Councilman Romanelli questioned if it is a code enforcement issue? and if the duties could be handled by a code enforcement officer? Councilman Murphy said that the experience in the field and the fifteen years of experience that Mr. Fisher has to offer is needed in this position. Building Department Head Verity stated that himself and all of the current Building Inspectors are certified to do fire inspection work. He doesn't know that the job title of code enforcement encompasses, therefore he can't answer the question. Mr. Verity stated that there is also a certain amount of time that you must have in fire service in order to qualify to become a fire inspector. Councilman Richter said that he understands that there are a lot of areas to be cleaned up in code enforcement. Having witnessed the loss of life through fires here in the Town of Southold, Councilman Richter stated that he recognizes the need for Mr. Fishers's position. He feels the benefits far outweighs everything else. Supervisor Cochran said that we are looking at 9/26/01 2 apartments over stores and other things in the Affordable Housing District, which would give the fire inspector the right to go in and inspect. Mr. Verity said that bed and breakfast's are supposed to be inspected every year, evacuation procedures for restaurants are supposed to be checked, bowling alley establishments, schools when they ask, but all of the things are overlooked because they just don't have the personnel to do the work. Mr. Verity said that he will sit down and list the duties for fire inspector and code enforcement officer. He thinks the fire inspection work is very important and the people have been asking for it as well as the Fire Chiefs Council they have been asking for it for six years. Councilman Murphy said that he can see a justification to carry it forward into the next year. This matter will be further discussed in executive session today or at the next town board meeting. IV. 4. Possible relocation of Scavenger Waste Plant. Councilman Romanelli said that H2M is working on the composting plant and the scavenger waste holding tank could be located right along side of it on the McBride property. Councilman Romanelli said that it really fits into the composing facility, the access and the roads. IV. 6. Proposed Fishers Island recreational path. Request that the Town Board support the request of Fishers Island Recreational Path Foundation to the Internal Revenue Service for tax- exempt status. Justice Louise Evans explained that they are planning a recreational path for walking, hiking, and bicycling on the east end of the island from the guard shack up. It would be on the private end of the island, but everyone would be given access to use it. They are not asking for money. They have lots of money. They are trying to create a foundation, so that when people give money, it will be on a tax-free status. In order to help them achieve this, they are asking for a letter from the Town of Southold recommending it to the IRS. They would be fulfilling a need which if they don't do, the Town might be asked to fund in the future. Justice Evans said that there are people for it and they are people against it on the Island. She added that she doesn't have feelings one way or the other. Supervisor Cochran suggested that this matter be referred to the Transportation Committee to do an evaluation report to be brought back to the Board. 10:00 a.m. Appointment The Nature Conservancy- Heather Lanza together with staff members of the Nature Conservancy gave a presentation to the Town Board of the work currently in progress by the Critical Land Protection Strategy Subcommittee. This committee was created to identify lands within the Peconic Estuary's watershed that are important to protect the health of the bays. They presented their methods for identifying lands that meet certain criteria related to the health of the estuary, and preliminary statistics on the numbers of parcels and acres available for development within the watershed of the bays. They asked for the Town's help to improve the data, and to work with the Town Board, Land Preservation Committee, and Town Planners to determine how the Town might use the analyses that result from this work. 10:15a.m. - 10:30 a.m. The Town Board recessed for a short coffee break. 10:40 a.m. The Town Board reviewed Town Board resolution no's 656 through 672 to be voted upon at the 7:00 p.m. regular meeting. 10:55 a.m. Appointment Valerie Scopaz inquired about the request of the Peconic Land Trust for a reduction in park & playground fees on behalf of the Tuthill Family property, Main Road, Orient, SCTM#1000-17-6-6,14.1 set-off application. The reason for the request Ms. Scopaz gave was because there was sketch approval given prior to the fee increase, then there was a problem with the Health Department. Councilman Moore told Ms. Scopaz that the Board would like a justification in writing for this request. It will be referred to the Town Attorney and possibly be put back on the agenda in two weeks. 1%2. Ms. Scopaz asked for the Town Board comments on the Local Waterfront Revitalization Plan environmental review. Ms. Scopaz advised that the final draft is not yet completed. It is still on her desk. (See Resolution no. 674 whereby the Board issued a negative declaration.) IV. 5. Laurel Links subdivision and site plan. Recommendation of the Town Engineer to set the amount of the bond to be required. (See Resolution no. 675) Ms. Scopaz advised the Board that she would like to see a protocol on keeping track of the stormwater run-off and recommended that the Suffolk County Water Authority do the monitoring on a quarterly basis and make this information available to the public. Councilman Moore stated that he believes it is the responsibility of the Planning Board to enforce this. In the absence of Jamie Richter, he asked if the Planning Board couldn't designate someone to do this. Ms. Scopaz advised of the shortage of staff, and in addition she said that Bob Kassner has jury duty next week, then goes on vacation for one month. The Board suggested that Mr. Kassner be asked to request an extension, or postponement for the jury duty. IV. 3. Revision of the contract with the East End Supervisors and Mayors Transportation Coordinator. The East End Supervisors and Mayors should talk about this more as a group 9/26/01 3 discussion.. Supervisor Cochran advised that she will call Jerry Siller, the Chairman to see if they could just get the money from each group. On motion by Justice Louisa P. Evans, seconded by Councilman John M. Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 11:34 a.m. for the purpose of discussing personnel - a particular person and contracts. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. On motion by Councilman Craig A. Richter, seconded by Justice Louisa P. Evans, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session at 12:50 p.m. This Town Board executive session and work session ended at 12:50 p.m. 9/26/01 4 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on September 25, 2001, at the Southold Town Hall, Southold, New York. Supervisor Cochran opened the meeting at 7:00 P.M. with the Pledge of Allegiance led by Town Clerk Neville. Present: Absent: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory Yakaboski SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills for September 25, 20017 Moved by Councilman Moore, 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 $156,609.64; General Fund bills in the amount of $5,861.56; Highway Fund Whole Town bills in the amount of $5,124.50; Highway Fund Part Town bills in the amount of $11,692.74; CHIPS (Highway Part Town) bills in the amount of $87,647.50; Capital Projects Account bills in the amount of $46,276.36; Ag Land Development Rights bills in the amount of $1,500.00; Landfill Cap & Closure bills in the amount of $384,632.01; Open Space Capital Fund bills in the amount of $321.25; Community Preservation Fund (2% Tax) bills in the amount of $2,584.85; Compost Land Acquisition bills in the amount of $65,413.65; Fishers Island Ferry District bills in the amount of $31,530.91; Refuse & Garbage bills in the amount of $101,198.18; Southold Wastewater District bills in the amount of $4,912.14; Fishers Island Sewer District bills in the amount of $7,510.60; Fishers Island Ferry District Agency & Trust bills in the amount of $324.76; General Fund Whole Town bills in the amount of $70,757.32; General Fund Part Town bills in the amount of $5,081.32; Highway Fund Whole Town bills in the amount of $2,122.57; Highway Fund Part Town bills in the amount of $7,718.47; Fishers Island Ferry District bills in the amount of $8,032.82. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. SUPERVISOR COCHRAN: Approval of the minutes of September 11th and 17th, 20017 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the minutes of the September 11, 2001, Town Board meeting and September 17, 2001 are hereby approved. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. SUPERVISOR COCHRAN: To set the date of our next regular Town Board meeting for Tuesday, October 9th, 2001. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 4:30 P.M., Tuesday, October 9, 2001, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. 9/26/01 5 SUPERVISOR COCHRAN: As you may or may not know several weeks ago we had one of the past Mayors of Southwold, England come into Southold to say hello, and we had a small reception. You have to remind me of the name, Toni. ANTONIA BOOTH: Rosalind and Dennis MrDermott. Ros was the Mayor. SUPERVISOR COCHRAN: The prior Mayor, yes, lovely, lovely people, and they gave us a very gracious message in relation to the tragedy that happened in New York. They certainly supported their sister town 100%. Then a couple of days ago we had the honor of the Mayor came to visit. The one that is actually sitting now, so in addition to that our Town Historian, Antonia Booth, has a message from Southwold that we would like to share with the entire community, so Toni is here to share it with US. TOWN HISTORIAN BOOTH: Both the former Mayor led through the blitz in London during World War II, and her husband is crippled because he served during World War II. A very handsome man, he walks with a cane. The Mayor who was here on Friday with his wife, Moira, is the veteran of the Royal Air Force, and he served in the Falklands. I have become friendly with the Town Clerk of Southwold, England. Over the years we have worked together, and have visited each other, and Wednesday this letter came to me and my husband. The Supervisor wants me to share it with you, particularly with all the people in Southold. Dear Antonia and Whitney, You have had Ros and Dennis McDermott in your midst during this terrible week, and they will have borne witness to the strength of feeling here in England for our friends known and unknown across the water. I feel numbed by what has happened, and fearful for our children, but never have I seen this country, and perhaps this world so unified. There has to be hope in that. I cannot write to everyone, but perhaps this letter to you will symbolize our sorry and support for you all. Best wishes. Thank you. SUPERVISOR COCHRAN: Thank you, Toni. I. REPORTS. SUPERVISOR COCHRAN: We will move on to Reports. As you know the Town Board receives Reports each month from the different departments, and the different committees. They are placed on file with the Town Clerk, and are available for your information, and if you go in and see Mrs. Neville I am sure she will help you with what you would be interested in getting copies of. 1. Southold Town Program for the Disabled for August 2001 Events. 2. Southold Town Justice Bruer's Monthly Report for August 2001. 3. Island Group Administration Claim Lag Report through August 2001. 4. Southold Town Board of Trustees Monthly Report for August 2001. 5. Program for the Disabled for September through December 2001 Events. 6. Juvenile Aid Bureau Monthly Report for August 2001. II. PUBLIC NOTICES. SUPERVISOR COCHRAN: We have several Public Notices, one of which is the State of New York, Office of General Services, Real Estate, and it is a notice of submerged lands license for Belvedere Property Management to construct a private use ferry terminal for a term of 10 years under the water of Cutchogue Harbor, New Suffolk, Town of Southold. The other is the Town Trustees setting the date for the scallop season in Southold Town, October 1st, 2001 to October 14th, 2001. Dip net or scalp net for non-commercial only. October 15th, 2001 to March 31, 2002, all gear permitted pursuant to Chapter 77 of the Southold Town Code. Southold Town Highway, I don't have that list of dates here. Betty, do you have that? TOWN CLERK NEVILLE: No, I don't. SUPERVISOR COCHRAN: Watch the papers, because we usually put something in the papers, the Highway Superintendent does in relation to the Fall Leaf and Brush Cleanup. State of New York, Office of General Services, Division of Real Estate Planning, Notice of Submerged Lands License for Belvedere Property Management to construct and maintain a private-use ferry terminal for a term of 10 years under the waters of Cutchogue Harbor, New Suffolk, Town of Southold. 9/26/01 6 2. Notice of Town Trustees setting dates of scallop season in Southold Town: October 1, 2001- October 14, 2001 dip net or scalp net for non-commercial only; October 15, 2001-March 31, 2002 all gear permitted pursuant to Chapter 77 of the Southold Town Code. 3. Southold Town Highway Department Notice of Fall Leaf and Brush Cleanup. III. COMMUNICATIONS. SUPERVISOR COCHRAN: We had a letter from Robert McTague in appreciation for police and fire department, a letter for Supervisor Cochran from Kathy and Bill Fibkins to thank us for a response to question and problem they had. A letter to Southold Town from Sue Lewis re Historian Antonia Booth, a letter form Thomas Oelerich, NYS DOT, in re traffic signal at Route 25 and New Suffolk Avenue, Cutchogue, a letter to Supervisor Cochran from Richard Couch, American Cancer Society. He is leaving, as Regional Advocacy Director for Long Island, and letter to Supervisor Cochran from Janice Raber, L.I. Divers Association, re Duck Pond Point Beach Clean-Up, which they did for us, and it was a huge success. 1. Robert McTague to Supervisor Cochran in appreciation for police and fire department. 2. Kathy and Bill Fibkins thanking Supervisor Cochran for response. 3. Sue Lewis in regard to Historian Antonia Booth's help. 4. Thomas Oelerich, NYS DOT in regard to traffic signal at Route 25 and New Suffolk Avenue, Cutchogue. 5. Richard Couch, American Cancer Society in regard to his leaving as Regional Advocacy Director of Long Island. 6. Janice Raber, L.I. Diver Association in reference to the success of the Duck Pond Point Beach Clean-up. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy that before we pass on the resolutions we ask if there is anyone that would like to address the Town Board in relation to any of the resolutions. In addition at the end of the meeting we have a portion where you may speak or you may share with the Town Board any other Town business on any topic as long it is Town business. So. At this time I will ask is there anyone that would like to address the Town Board in relation to any of the resolutions that we will be acting upon? Anyone address the Town Board in relation to resolutions? (No response.) If not, we will do the passage of the resolutions. Number 656 we will start with. #656 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 Cochran to execute agreements with Verizon Network Integration for the purchase, installation and configuration of a new Frame Relay network subject to approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #657 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Cochran to execute a lease agreement with the Fishers Island School District for the leasing of municipal tennis courts subject to approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #658 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 General Fund Part Town Budget as follows: To: 9/26/01 7 B. 1420.4.500.200 Legal Settlement $1,500.00 From: B. 1990.4.100.100 Unallocated Contingencies $1,500.00 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #659 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS Darrin Skrezec has proposed a change in zone for the property identified as SCTM#1000- 74-4-14.1 consisting of approximately 4 acres located on the south side of County Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane; and WHEREAS the proposed change of zone is from Hamlet Business and Low-Density Residential (R- 40) to Limited Business (LB); therefore be it RESOLVED that the Town Board of the Town of Southold hereby finds this to be an UNLISTED action pursuant to SEQRA Rules and Regulations. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #66O Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS Amerada Hess Corporation has proposed a change in zone for the property identified as SCTM#1000-122-3-10 consisting of approximately .52 acres located on the south side of Main Road (Route 25) and the east side of Bay Avenue, Mattituck, New York; and WHEREAS the proposed change of zone is from Marine (M-l) to General Business (B); therefore be it RESOLVED that the Town Board of the Town of Southold hereby finds this to be an UNLISTED action pursuant to SEQRA Rules and Regulations. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #661 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2001 Budget as follows: To: A. 1420.4.500.300 Legal Experts $1,575.00 From: A. 1420.4.500.100 Legal Counsel $1,575.00 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #662 Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for the following officers to attend the SNAP Long Island conference on "Gangs: A Growing Menace on Long Island" to be held at the Huntington Town House, Jericho Turnpike, Huntington, NY on Tuesday, October 9, 2001, from 5:00 pm to 9:00 pm: Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #663 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution #381 granting permission to Lieutenant Martin Flatley to attend the 2001 New York State Police Colonel Henry F. William Homicide Seminar on Saturday, September 22, 2001 through Thursday, September 27, 2001 at Albany, New York.. The seminar has been cancelled. 9/26/01 8 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #664 Moved by Councilman Romanelli, seconded by Councilman Moore, WHEREAS the Town Board of the Town of Southold is considering the construction of a stormwater detention facility and fishpond with anticipated reimbursement of funds from the NYS Department of Transportation and with all necessary approvals obtained from the NYS Department of Environmental Conservation; now, therefore, be it RESOLVED that the Town Board declares itself to be the lead agency pursuant to SEQRA rules and regulations, 6 NYCRR 617.6(a)(4); and be it FURTHER RESOLVED that the Town of Southold, upon completion and review of the Short Environmental Assessment Form and attachments, prepared for this project and attached hereto, makes a determination of significance for this proiect~ to be that there will be no significant adverse impact on the environment and thereby issues a negative declaration pursuant to the SEQRA rules and regulations, 6 NYCRR 617.7 et. seq. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #665 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Section 76-23 of Chapter 76 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer District rent owned by Thomas F. Doherty~ Jr. in the amount of $1615.38 for the year of 2001 which rent remains unpaid~ shall be levied against the real property of Thomas F. Doherty, Jr., and shall be collected at the same time and in the same manner as Town taxes. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #666 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold, in accordance with Section 76-23 of Chapter 76 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer District rent owned by Susan & Kevin Connelly~ in the amount of $645.75 for the year of 2001 which rent remains unpaid~ shall be levied against the real property of Susan & Kevin Connelly, and shall be collected at the same time and in the same manner as Town taxes. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #667 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Joanne Lucas to the position of Detention Attendant at the Southold Town Police Department, on an "as-needed" basis, at a salary of$11.30 per hour, effective September 26, 2001. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #668 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2001 budget as follows: Revenues: A.2705.40 From: A.3510.2.400.100 Gifts & Donations Other Donations Animal Control $18,000.00 9/26/01 9 Capital Outlay Engineering $18,000.00 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #669 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold accepts the proposal of H2M Group for professional services in relation to the preparation of an RFP for Design/Build package solicitation and the assistance in the bidding phase administration for a proposed Town Animal Shelter. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #67O Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby engages the professional engineering services of the H2M Group to provide a proposal for the planning~ desigm placement and permittin~ of the Scavenger Waste Tank within the proposed Yard Waste Composting Facility grounds. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #671 Moved by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby invites the Village of Greenport to designate a representative to serve on the Town of Southold Parks and Recreation Committee to foster greater inter-municipal cooperation on park and recreation projects throughout the Town. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #672 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2001 budget as follows: To: B.3620.1.300.100 Building Department Seasonal Employees Regular Earnings $1,941 From: B. 1990.4.100.100 Unallocated Contingencies $1,941 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #673 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:02 p.m. Tuesda¥~ October 9~ 2001~ Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing on the question of acquisition by gift of approximately 20 acres of property from Herodotus Damianos, for open space preservation purposes, which may include the establishment of a park, nature preserve or recreational area, in accordance with Chapter 6 (2% Community Preservation Fund) of the Town Code. The property is located at the end of Jennings Road in Southold, New York. The parcel, known as SCTM#1000-59-3-28.4, comprises a total of approximately 54.4 acres, the acquisition by gift would be for approximately 20 acres on the northerly portion of the 54.4 acre parcel. The total price would be costs associated with transfer of title of land to be gifted; and be it 9/26/01 10 FURTHER RESOLVED that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #674 Moved by Councilman Richter, seconded by Councilman Moore, WHEREAS the Town Board of the Town of Southold has conducted a coordinated review as lead agency pursuant to the rules and regulation of SEQRA for the adoption of the Local Waterfront Revitalization Program (LWRP); and WHEREAS a Part I and Part II environmental assessment form (EAF) and a supplement to the environmental assessment form (EAF) has been completed for this project; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby declares that the adoption of the Town of Southold Local Waterfront Revitalization Program (LWRP) will not result in any significant adverse impact on the environment and therefore issues a negative pursuant to SEQRA Rules and Regulations. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #675 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $982~333.80 for the performance bond for the completion of roads~ drainage~ and other improvements for the Laurel Links subdivision ~ located at Route 25~ Mattituck~ New York. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #676 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby requests the New York State Department of Transportation to conduct a traffic survey concerning "right hand turn only" at the corner of Oaklawn Avenue and Main Road (State Route 25)~ Southold~ New York. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. SUPERVISOR COCHRAN: That is the end of our agenda in relation to resolutions. At this time, we will take public comments, if anyone would like to address the Town Board on any Town business. Yes, sir? ROBERT YOUNG: My name is Robert Young. I reside at 62615 North Road, Greenport. The Southold Zoning Board of Appeals opened the public hearing on September 20 on an appeal to reverse a Building Inspector's finding and determination relating to multiple housing construction on a 17 acre parcel adjoining the south side of CR 48 eastward of Chapel Lane and San Simeon. Interested persons were given notice of this appeal by certified mail postmarked September 12 and placed in post office boxes on September 13. The ZBA allowed appellant counsel to present its case on appeal and to make various documents part of the record without opportunity for objection or representation by counsel for interested parties and then adjourned until a special meeting to be held on October 4. Objections to adequacy of notice and submission of documents were made and really not addressed. Members of the Zoning Board questioned written submissions by interested parties stating that issues of road safety, inadequacy of proposed ingress/egress and density of development as well as amount of notice given were determined irrelevant to issues before the Zoning Board. The developer has proposed construction of 108 residential units in 54 buildings on a 17 acre site from which the only access is a single drive cut earlier this year entering CR 48 approximately 750 feet east of Sunset Motel. There are numerous driveways entering the north side of County Road 48 in this stretch of road. Visibility for traffic traveling eastward of cars exiting from development will be practically zero. Speed limit is 50 MPH, which most cars exceed BY 20%. Double lines in center and hiking/biking lanes lined on road shoulders are in large part ignored. If one assumes there are going to be 2 cars per single residence 9/26/01 11 exiting and entering daily, commercial and service vehicles, visitors, etc. there will be well in excess of 750 opportunities per day for serious accidents to happen on a stretch of road where a number of deaths have occurred in the recent past. In terms of area density the Town has recently acquired through gift and purchase open space west of Chapel Lane. 54 buildings housing 108 families on 17 acres will almost certainly prevent eastward extension of this greenbelt. Any opportunity for creating a biking/hiking path eastward on this spine of land between North and Main Roads will be practically impossible. Already speeding trucks and heavy traffic use existing hiking/biking lanes in violation of traffic laws at high speeds in order to pass on the right cars, and some are even crossing double lanes because people are trying to make a left turn into their driveway as the come from the west, and it is a very harrowing experience to drive on that part of the North Road on a Saturday and at times when the traffic moves slowly. My questions for the Town Board are the following, Will the Town Board appear and act in these proceedings to support and uphold the findings and conclusions of the Building Department and otherwise prevent high-density residential development of 104 units on 17 acres currently zoned for 1 acre residential? Second, have all the issues of sewage and water supply been resolved and what is the current position of the Suffolk County Water Authority? Three, does the Town Board have the power to require the developer to provide access roads for traffic control and safety in place of proposed cul-de-sac single access? Four, what steps does the Town plan to take alone or in conjunction with County in enforcing traffic laws and controlling traffic to protect all users of County Road 48? Current County efforts eliminating curves at Chapel Lane may only increase traffic speed as vehicles approach the stretch of County Road 48 from the west. ! put these comments in written form, and ! would be glad to give them to you. SUPERVISOR COCHRAN: Do you have a copy for each Board member? Just give us one. It helps Betty's girls when they transcribe the minutes, and then we will get a copy from her for the Town Board. We are not at the moment in a position to answer these, but we will certainly look at this. The ZBA is created by the State of New York, are they not? But they are independent of the Town Board. We certainly should be able to express some concerns, and as far as the road is concerned and the County they don't plan on widening it all the way from Mattituck down, because many people are concerned about the whole thing, but they will be redesigning the traffic patterns. ! don't know, they keep telling us that the curve down there, that whole situation should be a lot better. They are the engineers and the road people. ROBERT YOUNG: It will eliminate the curve. SUPERVISOR COCHRAN: That is about it. COUNCILMAN MOORE: They have plans for some interior curving and expansion. They have a whole plan to keep the traffic speed down somewhat. SUPERVISOR COCHRAN: All along by Soundview. COUNCILMAN ROMANELLI: We are all familiar with what you are talking about. ROBERT YOUNG: Thank you. PETER MCGUIRE: My name is Peter McGuire. ! live at 1980 New Suffolk Road, Cutchogue. ! have thirty-eight signatures from the residents of the surrounding area about the current affordable housing projects for Case's Lane in strong opposition addressed to Jean Cochran and the Board members. There are two glaring reasons why we oppose this, although there are multiple reasons on top of that. The first is simply size. The current project is designed for twelve units on top of each other that would constitute close to forty-two individuals living on a two-acre lot. Those forty-two individuals will need to be supported by close to 24 to 30 automobiles. The way the design of the project is four, five, six acres with high density on two, two and a half acres. Considering the surrounding areas there are no other multiple family houses in my opinion a complex type of structure that even resembles this. So, first of all you have a problem with the size, the sewage issue, the traffic patterns off the road, the number of automobiles in a small concentrated area, and on top of that the valuations of the properties surrounding it that are single family houses now will be devaluated significantly since there is a multi- family housing complex next to it. There is no other area in the Town of Southold that ! see that has this type of setup. So, there are thirty-eight signatures which are in conjunction to the letter that was addressed to Supervisor Cochran from the Fairview Property Associations are all strong opposition of this project. Can you tell us the status that we have with that particular project? 9/26/01 12 SUPERVISOR COCHRAN: The status right now is that nothing is happening with that piece. The owner has not come in for a zone change as yet. We have only had one of the four, ! believe, come in with the zone application change. Do we have one, or do we have two? TOWN CLERK NEVILLE: No, we have one. PETER MCGUIRE: Is there a period of time in which that site would no longer be considered part of the Town's efforts to put affordable housing in? Could it go on for one, two, three or five years? COUNCILMAN ROMANELLI: The option is open to anyone, anyone who walks through with an idea. ! won't say, we will never not turn it down. In my position it is kind of when ! hear a proposal for affordable housing project in town it is our duty to at least keep our ears open to see what is going on. As far as that piece ! don't believe a zone change application has come across. SUPERVISOR COCHRAN: No, it hasn't. PETER MCGUIRE: Given the current state of what Mr. Manzi presented is that something the Board would endorse? COUNCILMAN ROMANELLI: We, at least myself, saw one picture of the project you saw. ! would need more details before ! would say yes or no, but we don't know much more about it. You probably know from that day, how many houses, how many lots, saw a sketch diagram of it. PETER MCGUIRE: These structures presented in the form it is today are dramatically different than the other four projects that have been presented. The other projects presented are single-family homes with an attached apartment. These are these are long type family houses attached by a common hall. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? MARIEL DOBLER: My name is Mariel Dobler. ! live on the North Road in Greenport. We border 500 feet of the property that they want to rezone there, and that is 69125 County Road. We didn't receive the first letter, and we did not receive the second letter on the Greenport rezoning of 5.7 acres. TOWN CLERK NEVILLE: There is an application that came in. ! referred it to the Town Attorney's Office, to Greg, and ! haven't heard back. There was a receipt there for Dobler. You never received it, though? MARIEL DOBLER: We are there all the time, and ! would like to know the status on this. TOWN CLERK NEVILLE: ! don't even know if the application is complete. It is being reviewed by the Town Attorney's Office at this time, so ! haven't officially accepted it yet. SUPERVISOR COCHRAN: An application for a zone change comes into the Town Clerk, and then it goes to the Town Attorney to make sure all the pieces are there before it even comes to the Town Board. So, we haven't gotten it yet. So, as Betty said, Mrs. Neville, it is now in the hands of our Town Attorney, and he is out on vacation for a few days. MARIEL DOBLER: Will there be any meeting on this for the surrounding people? SUPERVISOR COCHRAN: Yes, if the Board decides to go in that direction. Yes, there will definitely be a hearing on the change of zone. Yes. MARIEL DOBLER: Thank you. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? JOSHUA HORTON: Good evening. Josh Horton, 727 First Street, Greenport, Long Island. You had in meeting, ! believe it was in August, and there was some discussion about the Factory Avenue project on affordable housing, and accessory apartments, and at that point ! addressed the Board, and asked, ! believe ! had some discussion with Greg about thinking outside of the box in regard to amending zoning laws, current zoning laws, to make more practical the application of two-family 9/26/01 13 conversion and accessory apartments throughout the town. Has there been any more discussion amongst the Board members about that? COUNCILMAN RICHTER: Thinking outside the box with the two family housing, and using existing stock is something that we are still looking into. There are ongoing discussions on that. SUPERVISOR COCHRAN: We are looking at many things. We know there is a need for rentals. We know there is a need for young people like yourself for housing, and if you take a look at the easel in the front lobby that shows houses from the three projects we have done in Southold. ! mean they end up being lovely neighborhoods, and they are, and the criteria the first thing you have to be able to work and live in the Town of Southold to qualify for one of the houses. So, we really are trying to help our kids that have businesses, and mom and pop businesses here in the community. We are looking at, well, we know there are many rentals over stores in the hamlets. We would like to encourage that. Bill has suggested possibly looking at residential office, which is the transition between the hamlets and out into the residential area. We have many people, attorneys, and different people in these houses with an empty upstairs. We are looking to see what possibility there is for putting some of the housing there, and accessory apartment is presently on the books now. JOSHUA HORTON: Currently, but you do understand what ! am driving at, so we can expect to see sometime in the not so far future that more amendments or this should be addressed further as the practicality and the availability legally to provide this type of rental market. COUNCILMAN RICHTER: ! think we are definitely going to look into utilizing existing stock. ! think that makes the most sense. ! know Mr. Moore brought it up. He just mentioned it, and that is a great idea for a use out of the existing stock that we have. COUNCILMAN ROMANELLI: Also, we keep coming up with ideas. Everything that has brought up so far has been shot down by its residential neighborhood. We try to work with the neighborhoods, and we also keep on hearing about the change of zones so you can put an accessory apartment in a house. We have accessory apartments in the houses right now. Now, it is by special exception. So, people can do it. They can do it now. JOSHUA HORTON: The Board definitely needs to encourage that more, too. SUPERVISOR COCHRAN: They are looking at many options, many different concepts. JOSHUA HORTON: Thank you. ! have one more quick question about resolution #674, determine that the adoption of the Local Waterfront Revitalization Plan would have no significant adverse affect on the environment. SUPERVISOR COCHRAN: That is part of the SEQRA Process. JOSHUA HORTON: Right. ! am aware of that. ! am familiar with it, but when you say significant adverse affect is that allowing for minor adverse impact, or is this a legal term? COUNCILMAN MOORE: Yes. JOSHUA HORTON: ! looked to you, because you are the lawyer. COUNCILMAN MOORE: It is a legal term that sets the process in motion. JOSHUA HORTON: That is an interesting way of seeing that. Thank you. Have a good evening. SUPERVISOR COCHRAN: That is the DEC, Josh. JOSHUA HORTON: We all know about that. SUPERVISOR COCHRAN: Yes. Anyone else like to address the Town Board? If not, ! will ask the Board if they have anything to report at this time. Craig? COUNCILMAN RICHTER: ! attended a meeting with the architects on Town Hall renovation expansion, and that is ongoing. ! guess that is about it. 9/26/01 14 SUPERVISOR COCHRAN: That is a big job. John? COUNCILMAN ROMANELLI: Just one comment on a resolution that was put out there tonight about approving H2M to finish the bid package for the animal shelter, so people know where we are at. It is the vital legality package with all the proper requirements by them being drawn up by them so we can get this project going, receive bids, and hopefully start construction by winter. JUSTICE EVANS: I want to thank Land Preservation, Melissa and Dick Ryan, for coming out to Fishers Island. They had a wonderful presentation for people on the island. (unintelligible.) SUPERVISOR COCHRAN: William? COUNCILMAN MOORE: I will save it for the next meeting. SUPERVISOR COCHRAN: Mr. Murphy? COUNCILMAN MURPHY: I was at that meeting on Fishers Island, too. I got almost quite seasick going over there. SUPERVISOR COCHRAN: In addition to every day business that comes through the front door I have been working on the Budget. It has to be finalized by the end of the month, and then I release it as Supervisor's budget, and then it goes to the Town Board, and the Town Board sits down and reviews the entire thing, and they can either cut it, or add to it, but then it becomes their budget. It is a good process and we look at how the money is being spent and the programming, and so forth, and there is going to be an increase, but I don't think it is too bad. I don't have anything else. Anyone else? JOSHUA HORTON: I saw the draft for the 2001 Budget, Town Budget, and it was 1.5 million for the construction of Town Hall? I am asking. SUPERVISOR COCHRAN: That is in this year. When we did the Capital Budget I wanted to put some kind of a figure in. We had no idea what the figure would even begin to be. JOSHUA HORTON: So, you are pushing through with the construction with the new Town Hall. COUNCILMAN RICHTER: No. SUPERVISOR COCHRAN: Not necessarily. We are still looking at everything. COUNCILMAN RICHTER: We are still looking at all the possibilities. JOSHUA HORTON: The money is in the Budget in case you decide to build? SUPERVISOR COCHRAN: It is in the Capital, and does not cost the taxpayer anything until it is bonded. Once it is bonded than the next year we can pay off the debt service. Okay? So, it is there, but if we don't use it will be in again next year. May I have a motion to adjourn? Moved by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 7:40 P.M. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. Elizabeth A. Neville Southold Town Clerk