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HomeMy WebLinkAboutTB-09/26/2000Regular Meeting A Regular Meeting of the Southold Town Board was held on September 26, 2000, at the Southold Town Hall, Southold, New York. Supervisor Cochran opened the meeting at 4:30 P.M. with the Pledge of Allegiance led by Town Clerk Neville. Present: Absent: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman Romanelli SUPERVISOR COCHRAN: May I have a motion to approve the minutes of August 29, 2000 Town Board meeting? Moved by Councilman Richter, seconded by Councilman Murphy, it was RESOLVED that the minutes of the August 29, 2000, Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. SUPERVISOR COCHRAN: Approval of audit of bills for September 29, 2000? Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the following bills be and hereby are audited paid: General Fund Whole Town bills in the amount of $222,596.54; General Fund Part Town bills in the amount of $13,847.29; Community Development bills in the amount of $33,956.00; Highway Fund Whole Town bills in the amount of $9,566.88; Highway Fund Part Town bills in the amount of $31,415.01; Capital Projects Account bills in the amount of $53.74;Open Space Capital Fund bills in the amount of $2,000.00; Computer System Upgrade bills in the amount of $944.98; Employee Health Benefit Plan bills in the amount of $20,728.40; Refuse & Garbage District bills in the amount of $101,618.32; Southold Wastewater District bills in the amount of $1,054.18; Fishers Island Sewer District bills in the amount of $643.75; Southold Agency & Trust bills in the amount of $10,196.41; Fishers Island Ferry District Agency and Trust bills in the amount of $812.81. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: To set the next regular Town Board meeting for Tuesday, October 10, 2000, 7:30 P.M. Moved by Councilman Moore, seconded by Councilman Murphy, it was RESOLVED that the next meeting of the Southold Town will be held at 7:30 P.M., Tuesday, October 10, 2000 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. I.REPORTS. SUPERVISOR COCHRAN: As you know the Town Board receives Reports from the different departments and the different committees each month, and they are listed on your agenda. The are public information, and they are available in the Town Clerk's Office, so if there is an area that you are interested in, please, feel free to come in and our Town Clerk will be happy to assist you. 1. Southold Town's Program for the Disabled for August Events 2000 2. Southold Town Justice Evans' Monthly Court Report for August 2000. 3. Southold Town Justice Price's Monthly Court Report for August 2000. 4. Southold Town Board of Town Trustees Report for August 2000. 5. Island Group Administration Claim Lag Report through August 31, 2000. 9/26/00 2 6. Personal Leave Time Summary Report for August 2000. ii. PUBLIC NOTICES SUPERVISOR COCHRAN: Public Notices from the US Corp of Army Engineers an application of Patricia Gazouleas to extend a pier and relocate ramps in Deep Hole Creek in Mattituck. You have the opportunity for comments until September 28th. Another Public Notice by the Army Corp of Engineers, Southold Town Community Development Office to construct 20 fixed piers and install 21 mooring piles in Gardiners Bay, Greenport. Written comments October 19, 2000. 1. U.S. Army Corps of Engineers, NY District, Notice of application of Patricia Gazouleas to extend pier and relocate existing ramps and float in Deep Hole Creek, Great Peconic Bay, Mattituck, Town of Southold. Comments to be received by September 28, 2000. 2. U.S. Army Corps of Engineers, NY District, Notice of Application of the Town of Southold Community Development Office, to construct 20 fixed piers and install 21 mooring piles in Gardiners Bay, Greenport, Town of Southold. Written comments to be received by October 19, 2000. iii. COMMUNICATIONS. SUPERVISOR COCHRAN: We have received a letter for Southold Town Employees from Greenport Sail 2000 Co-chairs which they thanked everyone for their involvement, also a letter from the Museums at Stony Brook. The name is changed to The Long Island Museum of American Art, History & Carriages. We also had a thank you for a contribution to the Fanconi Anemia Research Fund. 1. Greenport Sail 2000 Co-chairs thanking Town Employees for their participation. 2. The Museums at Stony Brook in regard to name change to The Long Island Museum of American Art, History & Carriages. 3. Bill and Connie Schenone with thank you for contribution to Fanconi Anemia Research Fund. IV. PUBLIC HEARINGS. 1. 5:00 P.M. on a proposed "Local Law in Relation to Adding Stop Signs at Mill Road, Mattituck". 2. 5:02 P.M. on the purchase of development rights ofDoroski, SCTM #1000-069-01-009. V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy that before we pass on any of the resolutions, that the public have the opportunity for input, comment, so if there is any resolutions you would like to speak to we would be happy to entertain it at this time. There is time later in the agenda, if you would like to share with the Town Board any other Town business. We would be very happy at that time to entertain your comments. So, at this point is there anyone that would like to address the Town Board in relation to any of the printed resolutions on the agenda? (No response.) If not we will begin the action. #1 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following Town roads for its annual Halloween Parade on Tuesday, October 31, 2000, commencing at 6:00 p.m., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Pike Street, Westphalia Avenue, Sound Avenue, and Love Lane, Mattituck, New York. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #2 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for the position of Part-Time Custodian I for the Southold Town Human Resource Center. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 9/26/00 3 #3 Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Island Group Administration, Inc. to pay the medical bill of Town Highway Department employee Thomas Smith to Mattituck Family Medical in the amount of $30.00 to cover the expense of an administered precautionary tetanus shot upon the recommendation of the attending physician. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #4 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Knoll, Jr., and Charles Witczak as full-time Police Officers in the Southold Town Police Department at a base salary of $28,105.00 each per year, effective September 18, 2000. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #5 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town clerk to advertise for bids for the following items for 2001: Milk for Human Resource Center Food for Human Resource Center Police Department Uniform Clothing Cleaning Uniforms of the Members of the Police Department Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel oil for Highway Department and Disposal Area Bulk Ice Control Rock Salt for the Highway Department Removal and Disposal of Household Hazardous Waste from Collection Center Removal of Scrap Tires from Disposal Area Removal of Scrap Metal from Disposal Area Town Yellow Bags Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #6 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute any and all necessary documents relating to the Suffolk County Downtown Revitalization Grant Funds awarded to the Cutchogue-New Suffolk Chamber of Commerce, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. A.2389.10 A.2389.20 Appropriations: A. 8510.2.400.100 #7 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2000 budget as follows: Revenues: Miscellaneous Revenue, Other Governments Mattituck Chamber Grant $29,725.00 Miscellaneous Revenue, Other Governments Cutchogue Chamber Grant 35,000.00 A. 8510.2.400.200 Community Beautification, Capital Outlay Contracted Services Mattituck Chamber Project Community Beautification, Capital Outlay Contracted Services $29,725.00 9/26/00 4 Cutchogue Chamber Project 35,000.00 Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #8 Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, October 10, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of acquisition of a certain parcel of property from Maureen Cullinane for purchase of development rights in agricultural lands under Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code. Said property is identified as SCTM #1000-19-1-1.2, comprising approximately 24.6 +- acres of the 34.6 acre farm at a price of $6,500.00 (six thousand five hundred dollars) per acre. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #9 Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:02 P.M., Tuesday, October 10, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of acquisition of a certain parcel of property from Robert and Joan Jenkins for purchase of development rights in agricultural lands under Chapter 25 and/or Chapter 6 (2%Community Preservation Fund) of the Town Code. Said property is identified as SCTM #1000-102-2-2.3, comprising approximately 17.1+- acres of the 18.6 acre farm at a price of $12,000.00 (twelve thousand dollars) an acre. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #10 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Beth A. Stern to the position of School Crossing Guard on Fishers Island, on a call-in basis, effective September 26, 2000, at the rate of $26.64 per day. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #11 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2000 Budget as follows: To: Revenues: A.2705.40 Payment for TCO's $126.00 Appropriations: A.3120.1.300.100 Seasonal/Temp Employees $126.00 Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #12 Moved by Councilman Richter, seconded by Justice Evans, WHEREAS, archives help us anchor our rapidly changing society in the stream of time, document our stewardship of the present, and remind us of our accountability to future generations; and 9/26/00 5 WHEREAS, archives are central to research and education, both now and in the future; the archives of our governments protect the rights of citizens, support the effective operation of government, and document the evolution of our democracy; and WHEREAS, the sound selective, presentation, accessibility and the broad use of archival records are vital to the present and future citizens of Southold; now, therefore, be it RESOLVED that the Town Board of the Town of Southold, on behalf of the citizens of the Town of Southold, do hereby proclaim the week of October 9-15, 2000 as ARCHIVES WEEK In the Town of Southold in conjunction with NEW YORK STATE ARCHIVES WEEK. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #13 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Frank Henry McBride as a part-time Guard (Gatekeeper) at the Southold Town Solid Waste District at the Rate of $8.83 per hour, effective September 27, 2000. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #14 Moved by Councilman Richter, seconded by Justice Evans, WHEREAS, the recent advertisement for Auto Mechanic I! for the Solid Waste District resulted in few qualified applicants, and whereas the District's mechanic position is still vacant, now, therefore, be it RESOLVED that the Town Board of the Town of Southold authorizes the Town Clerk to advertise for the position of Auto Mechanic I! for the Solid Waste District, at a salary of $16.9953 per hour. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #15 Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Tax Receivers Budget Expenditure as follows: To: A1330.2.200.200 From: A1330.4.100.100 Vote of the Town Board: Evans, Supervisor Cochran. This resolution was duly ADOPTED. Tax Receivers Office Tax Collection Equipment $1515.33 Supplies and Materials $1515.33 Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice #16 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby hires Florence Corwin and Elizabeth Pellegrino as Seasonal Clerks in the Tax Receiver's Office, effective December 4, 2000, at an hourly rate of $7.86. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #17 Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby hires Mary Beth Gramazio as a part- time Clerk in the Tax Receiver's Office, effective October 9, 2000, at an hourly rate of $7.86. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #18 Moved by Justice Evans, seconded by Councilman Moore, it was 9/26/00 6 RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 P.M., Tuesday, October 24, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing upon the matter of a proposed Local Law in Relation to Property Exemptions for Gold Star Parents. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #19 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby awards the bid for Surplus Computer Equipment Asset Number 2005, 2006, and 2028 to Lucia Farrell at a bid price of $65.00 each, a total bid price of $195.00. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #2O Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby awards the bid for Surplus Computer Equipment Asset Numbers 1992, 1993, 2000, 2071 & 2072 to Linda Kowalski at a bid price of $10.00 each for 486 PC with Dell or IBM 15" monitor, keyboard, and hard drive system, a total price of $50.00. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #21 Moved by Councilman Richter, seconded by Justice Evans, WHEREAS, no other bids were received on the surplus computer equipment other than what is in the preceding described resolutions; now, therefore, be it RESOLVED that the balance of the surplus computer equipment as offered in the bid advertisement published on September 8, 200 and opened on September 21, 2000 be and hereby declared as surplus and permission is hereby granted to the Data Processing Department to dispose of the remaining asset numbers. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #22 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a lease agreement with the Cleaves Point Condominium Association granting them permission to store their floating docks on town property at Sandy Beach, Greenport, during the scallop season, subject to them providing the Town Clerk with a certificate of insurance in the amount of One Million Dollars ($1,000,000.00) naming the Town of S outhold as an additional insured. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #23 Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M., Tuesday, October 10, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the acquisition under the provisions of Chapter 59, Open Space Preservation, and/or Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold, of a certain parcel of property from Neuer and Sutermeister, comprising approximately 27 acres, located north of Long Island Railroad, near Arshamomaque Pond, Southold, New York, said property is identified as SCTM #1000-056-01-006, at the purchase price of $400,000.00. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #24 Moved by Councilman Richter, seconded by Justice Evans, it was 9/26/00 7 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Solid Waste Coordinator James Bunchuck to place an advertisement in the Suffolk Times newspaper advertising October 14, 2000 as STOP Day at the landfill. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #25 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:02 P.M., Tuesday, October 24, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing upon the proposed Local Laws to change the zoning district designation of that part of the parcel of property known as SCTM #1000-074.00-04.00-009.000 from "B" General Business to "LB" Light Business. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #26 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P.M., Tuesday, October 024 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing upon the proposed Local Laws to change the zoning district designation of the parcel of property known as SCTM #1000-074.00-04.00-010.000 from "B" General Business to "LB" Limited Business. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: ! would just like to explain these two pieces. We finished most of 48. These two were tabled. They are an additional two that we are not bringing up to make decisions on yet, but these two pieces were scheduled to change from Business to RO, and rather than go all the way from Business to RO the change is going to be from Business to Limited Business. #27 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby sets 9:00 A.M., Tuesday, October 3, 2000 at the Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a Special Meeting for the purpose of the Town Clerk's formal presentation of the Tentative 2001 Budget to the Town Board members. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #28 Moved by Justice Evans, seconded by Councilman Richter, WHEREAS, the Town Board of the Town of Southold is considering the Local Law for placement of stop signs at Mill Road, Mattituck entitled, "A Local Law in Relation to Adding Stop Signs at Mill Road, Mattituck"; therefore be it RESOLVED by the Town Board of the Town of Southold that this action IA a Type I! action pursuant to SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq and no further review is required. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #30 Moved by Councilman Murphy, seconded by Councilman Richter, WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands pursuant to the provisions of Chapter 25 and 6 of the Southold Town Code from Doroski Family Limited Partnership said property identified by SCTM #1000-069-01-009 consisting of approximately thirty four acres; and RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR617.1 et. seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further 9/26/00 8 RESOLVED by the Town Board of the Town of Southold that the Short Environmental Assessment Form prepared for this project is accepted and attached hereto; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: That is the end of resolutions at this time until after the hearings. It is too early to start the hearings, so I can share with you some things. The $outhold Town Police in conjunction with Suffolk County Safe Kids, some officers have been sent to training, because they find that four out of five children seats in the car are incorrectly placed, so they are having like a rally to be held over at the $outhold Rec Center on Peconic Lane on Sunday. It starts at nine to noon, and it is a joint effort, partnership with the Town of $outhold and the Suffolk Safe Kids, Police Department and the PBA. They will be checking your car to make sure your seat is safe for your child. It is a good program. We are one of the first departments, and the Town Board will be assisting. Each technician that has been trained needs two backup people for recording and doing some other things, so we are going to do our job, and it will be fun besides that. So, please, anyone you know who have young children, babies still in car seats, let them know, have them come down and be checked. Do you want to fix the clock? You fixed it once. I have been busy working on my Budget for a week and a half, at least two weeks, and very little else, have had to time for very little else. It is a big job. I have to have it done by Friday, and it will be done. I have slashed it three times already. I think I have to go through it again. Then the Board gets their hands on it, and they go through it again, so hopefully we will be able to keep some of the things that are necessary for operation. All the glitz and fancies are gone. It is bare basics so we will see where we go with that. Does the Town Board have anything to share at this point? We still have five minutes to wait for the hearing. Press, I do have the timetable if anyone is interested after the meeting for the budget. We have the Youngs family, who will be having a family reunion here in the Town of Southold. That was all part of the beginning of $outhold Town, Reverend John Youngs and his family. What is the date for that? I am really not sure. It is this weekend. I will have to go down and say, welcome, on the behalf of the Town of Southold. That is kind of neat. Mr. Ryan is here. Mr. Ryan is Chairman of the Land Preservation Committee. He does a beautiful job for us, non-salaried, volunteer, and we would be lost without him. He used to work for the DEC and knows his trade well, and we are very fortunate that he is involved in our negotiations when we buy development rights, or open space. We are lucky to have Richard with us, and Melissa. Melissa Spiro is a member of our staff, who has worked for the Planning Board for many, many years. It was my feeling that with all the land preservation and the grants we are getting, and much, much more, and the Town Board all supported this. We felt that we should have a department of land preservation, so we moved Melissa out of Planning. She is now head of that department all by herself. Now, if you want to look at Southampton, we have a little more than $2,000,000.00 in our 2% from real estate transactions, and they have got about $20,000,000.00 at this point, Southampton Town. So, they have just allotted $900,000 to set up a department. She can do the job better than what they are going to get for $900,000.00, believe me. So, we are very happy, and my budget does call for a secretary. That will free her up to do many of the things. We get grants, and we don't always have the personnel to track it after we get the grant to make sure it is happening. As we buy these properties we should have a system set up where the maintenance or the tracking of this property, ! mean you buy a piece of property, and it is not allowed to have certain things, and we don't have a system where we go out and check this once a year to make sure the property is as we bought it, and so on and so forth. So, these are some of things we would like to put in place. It is important. We are spending a lot of taxpayers' money. Every time you approve a bond it certainly helps us, and we are all investing in our community to help maintain it as it is. It is not a cheap venture, and ! feel we are being very successful. The committee has become more pro- active, so we are having more and more people come in and often come into the program as the Doroskis here are. They are a long time farming family in the community. It goes back to Steve Doroski, their Dad, and we are very pleased that they are going to be selling us their development rights. As you know we have tried to preserve most of Oregon Road, and as much as 48 as we can. Most of our development is south of 25, not necessarily the best area, but it developed that way many years ago south of 25 all your necks, and kind of parcels of land going out is pretty densely, be we would like to continue to keep that as the focal point and try to keep as much open as possible. ! have talked myself up to five o'clock, so may ! have a motion to adjourn? Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that a recess be called at this time, 5:00 P.M., for the purpose of holding public hearings. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 9/26/00 9 Meeting reconvened at 5:20 P.M. #29 Moved by Justice Evans, seconded by Councilman Richter, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 18th day of July, 2000, A Local Law entitled, "A Local Law in Relation to Adding Stop Signs at Mill Road, Mattituck" by amending the Code of the Town of Southold, Chapter 92, Vehicles and Traffic; and WHEREAS, a public hearing was held on this Local Law on the 26th day of September, 2000, 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. 20of 2000 A Local Law in Relation to Adding Stop Signs at Mill Road, Mattituck I. Chapter 92, Section 92-30 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended as follows: Direction of At Intersection Stop Sign on of Travel with Hamlet Mill Road West & East Reeve Road Mattituck 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 judgment made thereby shall not effect 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. * Underline represents additions Strikethrough represents deletions Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #31 Moved by Councilman Murphy, seconded by Councilman Richter, WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of Doroski Family Limited Partnership; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 26th day of September, 2000, pursuant to the provisions of Chapter 25 and Chapter 6, Agricultural Land Preservation and Community Preservation Fund of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the development rights in the agricultural lands set forth in the proposed acquisition between the Town of Southold and Doroski Family Limited Partnership and WHEREAS, said property shall be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition, or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquistion;now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights in the aforesaid agricultural lands owned by Doroski Family Limited Partnership, said parcel identified by SCTM #1000-069-01-009 and consisting of approximately thirty four acres, which is subject to results of a survey to be provided by property owner, at a cost of $12,000.00 per acre. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: At this time we would be very happy to entertain any comments in relation to any Town business that you would like to share with us. Would anyone like to address the Town Board? Mr. Lizewski? JOE LIZEWSKI: I just want to talk about a little something that went on at the Work Session, and that was talking about the Land Clearing Law that was passed back in, I believe, '92. The intention of that law clearly was to take care of business property. It came about because of a clearing that was on Route 25 down at the Suffolk Times, and somebody clear-cut some land, and the thought of the law was not to touch residential land at all. The intent of that law was to make it so that in the Site Plan process if you had vegetation on your property, and you had trees, you probably saved some money by not clearing the land. In other words the Planning Department thought that anybody that clear cuts their land was certainly going to do themselves in, because they are going to want to buff an area, and they are going to want to 9/26/00 10 replant some of those trees that were probably taken down, so that was the logic behind that Landclearing Law. How it got to the point where somebody had said, ! believe that it had been decided, that you can't cut trees down on residential property from that law is beyond me. ! think when you make a law ! think you should probably put the intent of the law in with the Code change, or the law that you are making so that administrations that come on after you, if there is any question about it, can at least look back and say the intent of that law was to make sure that people didn't clear cut their land, and the reasoning behind it to make palatable for property rights people was that if you didn't clear-cut your land you would probably be better off financially because the Planning Department could say, listen leave these natural trees here, leave them here and you won't have to put up the screening for a business piece of property, and they wanted the right to do that, which was very wise ! think on their part. But, to work that law down to where now you have it so residents can't actually cut down trees on their property before they build a house, ! have no idea how it got that far, but ! think that maybe you could go back and clean that up in a Legislative Session. JUSTICE EVANS: There was a law that the Tree Committee put before us to look at. JOE LIZEWSKI: I know that is another issue. I was just talking about the issue at this time is the law that is on the books. TOWN ATTORNEY YAKABOSKI: Joe, that is two different things. I know you are not talking about the proposed law from the Tree Committee. JOE LIZEWSKI: No, ! am not. TOWN ATTORNEY YAKABOSKI: You are talking about the landclearing law in the site plan section. JOE LIZEWSKI: That is right. TOWN ATTORNEY YAKABOSKI: Again, that went to the ZBA, you know someone does a wholesale clearing. JOE LIZEWSKI: ! know. ! don't know how they interpreted that. When that happens ! think it is the Town Board's right to go back, and maybe rework the law. The ZBA interpreted that the law meant that you couldn't cut down trees on residential land. That is what was discussed, and ! felt that. TOWN ATTORNEY YAKABOSKI: If you don't have a Building Permit. JOE LIZEWSKI: But that was never the intent. The law was strictly for business, and I felt that if that happens, in other words, you have the right as a Legislative Committee to go back. You can take it back as a Legislative Committee, and you could rework it. But I know that the intent of that law when it was made was made for that, and I think that if the ZBA looks at it differently you have the right as a Legislative Committee to clear it up, so the ZBA doesn't have to look at it under those terms, if that is what you want. Okay? Thank you. SUPERVISOR COCHRAN: You know, Joe, ! go back before you on the Board, and ! remember at one point we passed an Ordinance that would not allow you to cut down any trees even on...! am not sure now if it was residential, but it was a certain size. Anything over a certain size could not be cut down. ! have asked Greg, can you find that anywhere. JOE LIZEWSKI: ! think that was taken out, and this law was put in its place. SUPERVISOR COCHRAN: You think that is what happened? JOE LIZEWSKI: Yes. ! think it was replaced with this law, but ! know the intent of this law was for a business, and again, the reasoning was, hey, listen you cut down all these trees, and Site Plan has to be put in place, and you sent before Site Plan those trees maybe would have helped you. Now you have got to spend thousands of dollars replanting trees that you took down, so you are going to go before Site Plan anyway, so don't bother cutting anything down. It had nothing to do with residential. How the ZBA got it into residential is beyond me, but ! thought maybe you would look into it. Thank you. SUPERVISOR COCHRAN: We will. Thank you. Would anyone else like to address the Town Board? RICK GANNON: Hi, I am Rick Gannon, Vice-President of Country Club Estates Association, and I just wondered what the next step was after the discussion phase? 9/26/00 11 SUPERVISOR COCHRAN: A couple of summers ago, or a couple of years ago I was getting the same type of complaint, so I sat down with the President of the Wine Council, and one of his Board members, and explained the problem, and said that we certainly would prefer that they police their industry rather than we put six million laws in place. They have been very good up to a certain point. Most of their membership adhered and cooperated. There was one or two that didn't. Unfortunately the complaints are back to the one or two, or the one in particular. We discussed it this morning, and we will set up another meeting with the Wine Council. As far as a Noise Ordinance is concerned that is in Mr. Moore's Code Committee right now. We are looking at that, so that we can put something in the Code that perhaps the Police Department will be able to do more than just say, turn down your volume, and they make the decision to turn it up after they leave. We are hoping that they will be cooperative, which they always have been in the past, and Bill, I don't know how far along the Noise Ordinance is? COUNCILMAN MOORE: We have a couple of drafts. In fact one town gave us information that we were missing, that is the decibels levels that they put in the law. SUPERVISOR COCHRAN: Off street parking was another problem. We realize again, that this time of year especially it is just horrendous along by the stands and vineyards. They have a lot of fall events, which the Town Board will be talking about also. You have the vineyards come in, and get a permit from the ZBA to hold an event. If it involves a tent they have to go to the Building Department to have that inspected, to make sure it is safe. RICK GANNON: Do they ever do that? SUPERVISOR COCHRAN: They all do except one, and we are going to be looking at that one. RICK GANNON: I am not really familiar with the Law, but what exactly is the Law as far as them having events? I mean, they are basically catering halls now, where they used to be vineyards, and I don't know. I know there was a law passed a couple of years ago that allowed them to serve food. COUNCILMAN MOORE: The bounds were given where they could have events. They are supposed to get a special permit through the Zoning Board to do that. By that process should limit them to not doing it as a regular kind of occasion. That process is cumbersome not that it is hard to get the approval, but the fact that you have to go get it should slow you down. The Zoning Board only meets twice a month. There are no on-premises commercial kitchens. That was one of the bounds that the Town Board put in when wineries first opened twenty years ago. They said no commercial business. So, they can cater with an outside cooking operator to come in and provide food, so that was some of the bounds of trying to keep a certain lid on the level of activity. RICK GANNON: The lid has been blown off the pot. COUNCILMAN MOORE: As Jean said, it is always a problem, people in the summer people complaining about religious institutions taking a picnic, and pushing it over the top, so the Noise Ordinance it is going to be one piece, but I think when people read how altervasive the Noise Ordinance is it may address a lot of problems. The neighbors are a little quieter about their activities, and a little less noticeable. We struggled with parking, because we know the farm stand has a short window of heavy activity, and the members of the Board said, you need parking for sixteen offstreet cars at a given farm stand in town, that it would sit empty eleven months, ten months. So, we have been struggling with just how far to regulate the activity, and as Jean said, try to do it with some degree of cooperation, and say, listen, you can really minimize the impact on your neighbors you wouldn't have the complaints that are popping up. SUPERVISOR COCHRAN: Another problem we have, and this is my thinking, our Building Department who would go out and write the violations, any of our Building Inspectors can do that, they don't work Saturday and Sunday. According the contract, the CSEA (tape change) one of our Building Inspectors, or a rotation, or however we work it out, so that we have someone available on Saturday and Sunday. I take a ride in this town on the weekend, and I see more violations, but there really isn't anyone in the enforcement area working, so we are going to look at that, too. So, we will be trying more than one thing. RICK GANNON: So, the next step is we will just see the Ordinance will be the major? COUNCILMAN MOORE: I was very much opposed to the Noise Ordinance for a long time, and I finally have given up. There has been too many complaints, not just from vineyards, but from other entities that 9/26/00 12 there seems to be that we have to have external policing of what ! think the community standards don't apply to any of this. You don't want to offend your neighbor by blasting the speakers eleven o'clock at night. ! guess ! am oldfashioned, you know, but so be, so the Noise Ordinance is coming. That may address 70% of the widespread problems, from the vineyards, to the churches, to the bowling alleys, to the bars, to whatever else is out there that creating community problems. RICK GANNON: So, what should we do next? Nothing? Just wait to see what you do for us? SUPERVISOR COCHRAN: Pretty much. Give us a little time. Ruthanne, my secretary, was already starting to set up a meeting, and we like to try to do things through communication. You know, let's face it, most of us know one another through the whole community, and ! think people have to give and take, but ! can understand, we will look at more than one thing, including enforcement on the weekends. So, just give us a little time. It takes time to work with Unions, and other things, and Bill will move it along in the Code Committee. RICK GANNON: Thank you. SUPERVISOR COCHRAN: Thank you for coming in. Anyone else like to address the Town Board? Yes, ma'am? JODY ADAMS: On this issue specifically, are the Code Committee discussions on the Noise Ordinance public? COUNCILMAN MOORE: Sure. JODY ADAMS: How does one know about them? COUNCILMAN MOORE: The notice goes out through the Town Clerk's Office on any committee meeting we hold, so it goes to the paper, the radio. Whether the papers publish it or not, ! don't know, but it goes to the papers, and the radio. JODY ADAMS: Okay, this is the Code Committee. How much time is allowed and so on? How much time do you give on these notices? SUPERVISOR COCHRAN: A week. JODY ADAMS: Are you keeping any kind of minutes, notes, of what goes on? COUNCILMAN MOORE: No. JODY ADAMS: None. Are the Police Committee, are you giving notice? How many meetings have you had since the first of this year? But you think you have been giving the Town Clerk notice? ! have just checked their records, and there is one notice for this year. There is one notice since 1997, unless her records have been pilfered, and ! am wondering why this is? COUNCILMAN MOORE: ! don't know. SUPERVISOR COCHRAN: That is not Joe Gold's old committee? No. JODY ADAMS: ! am not talking about that. ! am talking about the regular Town Board Police Committee. Do you think you might make an effort to be sure that the public notice is...is it required legally? COUNCILMAN MOORE: No. JODY ADAMS: It is not. It is optional. COUNCILMAN MOORE: That is correct. There are instances where we discuss personnel matters, where we certainly will not have it open. In fact the last Police Committee we had the notice went out, and ! PS'd back to Betty, and said by the way this is a personnel matter, it will not be open to the public, so even the notice went ! had no intention of having it open because there was a personnel matter to discuss. JODY ADAMS: Betty, is this on your bulletin board? Where is this notice? 9/26/00 13 TOWN CLERK NEVILLE: The notice of the committees are on the calendar on the Bulletin Board, the same as the Town Board meetings are on the calendar. JODY ADAMS: And you don't maintain the records what you receive from him? TOWN CLERK NEVILLE: Yes, I do. The notices that are made and sent out are put into the committee file. JODY ADAMS: He is saying he gives them to you every meeting. TOWN CLERK NEVILLE: Then they are in the file. JODY ADAMS: They are not there. Why not? TOWN CLERK NEVILLE: Look at the dates. JODY ADAMS: From '97 until February. TOWN CLERK NEVILLE: There were no meetings then. JODY ADAMS: From 1997 until 2000 there have been no meetings? COUNCILMAN MURPHY: Many times the Police Committee meetings are matters about Police Officer matter. Excuse me one second. Many times they are personnel matters, and they are discussed at the Work Sessions of the Town Board in Executive Session, because they do involve individual Policemen. So, many times it is having a Police Committee meeting. SUPERVISOR COCHRAN: Is there anything else, Jody? JODY ADAMS: Yes, I would like to say that there is no record at all of what Mr. Moore just said, and somebody is not telling the truth, and you all are disagreeing in what you are saying, and the public is being misled, to put it politely, by what you are saying. Yes, the public is being misled. Next, and this is again just on these specific subjects, the Code Book I have noticed has a desperate need for better indexing in what Joe was just talking about, that one of the reporters looked up the littering law, and it was impossible to find it unless you went to a section, and found it. I think it would be helpful to go through it, and be sure you have cross references, and why are you so defensive? I am asking you perfectly simple questions. Yes, you are. SUPERVISOR COCHRAN: Thank you for your comments, and they will be taken under consideration. We are not being defensive. JODY ADAMS: Yes, you are. SUPERVISOR COCHRAN: If a meeting isn't needed, then a meeting doesn't happen. JODY ADAMS: Didn't your former Deputy Supervisor just say that he has been giving notices over and over, and yet there is only one in the record? There is something really peculiar about this. All I am asking is a simple question. I am getting gobbly gook, and hostility, and I don't think on this subject this is legitimate. SUPERVISOR COCHRAN: We apologize for the hostility, if there is any, and do you have anything else you would like to share with us? JODY ADAMS: I have an awful lot, but I am going to leave for a minute, and come back later. When you did the vote on my FOIL appeal, did you do a vote, or how was that decision reached? TOWN ATTORNEY YAKABOSKI: The decision was discussed, and a decision was issued. JODY ADAMS: There was no vote? TOWN ATTORNEY YAKABOSKI: It was discussed and issued. JODY ADAMS: No vote. You don't want to say, no vote. 9/26/00 14 TOWN ATTORNEY YAKABOSKI: It was discussed at the meeting. The decision was rendered by the Town. JODY ADAMS: I have more, but I will wait until everyone else is done. SUPERVISOR COCHRAN: Is there anyone else who would like to address the Town Board? (No response.) JODY ADAMS: I guess it is me again. Okay. I don't think I will do the whole thing, but I would like to do brief business. Nobody else? We are on TV, are we? Yes? SUPERVISOR COCHRAN: Jody, you are here to address the Town Board, not the television, and if this becomes a television show I will take a motion to adjourn. If you have something valid that you would like to share with the Town Board we would be very happy to listen. JODY ADAMS: You don't think that a great deal that goes on here is a television show? SUPERVISOR COCHRAN: I beg your pardon. Do you have something to share with the Town Board? JODY ADAMS: You ought to learn how to talk to people. I would like to tell the people of Southold that there has been a lawsuit filed, which you may know. SUPERVISOR COCHRAN: Against whom? JODY ADAMS: Against Southold Township, and Southold Police Department, Town of Southold Supervisor Jean Cochran, Chief of Police, no longer, Joseph Conway, Southold Police Officer Steven Zuhoski, and Sergeant Sinning, and John and Jane Does one through one hundred. This was filed on behalf of John Mims, and his attorney is advertising to look for people who have either witnessed what he is alleging happened to Mr. Mims, or people who have suffered violence from the Southold Town Police. This lawsuit is available at the Town Clerk's Office. It is a Federal lawsuit, and it is my great hope that those of you who have either specific information about Mr. Mims, or personal information about injuries by the Police Department that will contact this attorney, who's name is Gary Ireland, and his address is listed and is readily available. Now, you all have received this, is that correct? SUPERVISOR COCHRAN: Would you address the Town Board with what you want to address the Town Board with? This is in litigation, so there is very little that any Board member will say at this time. If you have a statement or something to say that addresses the Town Board, please, do so. JODY ADAMS: You are saying once it is in litigation you will no longer discuss it, or anything to do with it, is that correct? SUPERVISOR COCHRAN: I did not say have anything to do with it. I said it is not for public discussion at this time. It is in litigation. JODY ADAMS: Suppose there are many aspects of it which are good and important and require, and should involve public discussion? The fact that someone does something terrible, or is alleged to have done something terrible should silence the entire town. If one discusses what occurred then one could find out if it did occur, and something could be done about it, or if it is a total lie, and a lot of subtleties involved in this. This is not a bad lawsuit. TOWN ATTORNEY YAKABOSKI: Jody, as to litigation the Board has no comment, has a policy of making no comment as to litigation. Is there anything else directly to the Board? JODY ADAMS: You are silencing them as Town Attorney. TOWN ATTORNEY YAKABOSKI: Just asking a question. JODY ADAMS: I am saying as Town Attorney you are not the Town of Southold. If members of the Board wish to discuss this they have the absolute right to do so, and I would hope they would. What I wanted to do, but since you are not going to allow me. Judge Evans, do you vote on the various laws, local law? JUSTICE EVANS: Yes, I do. 9/26/00 15 JODY ADAMS: Did you vote on the motor-driven vehicles? I believe it was the 15th of August. JUSTICE EVANS: I am not sure. JODY ADAMS: You might not have been here that night. On and off road? JUSTICE EVANS: Yes, I did. JODY ADAMS: Did you read it? JUSTICE EVANS: I am familiar with the law. I miss very few meetings. JODY ADAMS: It strikes me as being an unclear law, very poorly written law. There are many issues in regard to it, which apparently were not discussed, or it would not have been approved. When something comes before you, don't you feel you have a conflict? JUSTICE EVANS: No. JODY ADAMS: I mean you have approved the law, and something says, it unconstitutional. JUSTICE EVANS: If someone comes into court? JODY ADAMS: Yeah, yeah. JUSTICE EVANS: I deal very little with the Town Code, the Ordinances. JODY ADAMS: If they did would you excuse yourself? JUSTICE EVANS: Most likely, yes. JODY ADAMS: Okay, so if I wanted to do a marathon reading of this you would not permit it, correct? Not all at one time, if I wanted to read this piece by piece, one minute, five minutes, at every meeting, you would permit this or not? SUPERVISOR COCHRAN: You have the right to address the Town Board on Town business. JODY ADAMS: You don't think that a Federal lawsuit that could deprive you of your entire life savings, and put the Town in debt for the rest of its life is Town business? SUPERVISOR COCHRAN: I don't think that is going to happen. JODY ADAMS: It might with luck. TOWN ATTORNEY Y AKABOSKI: It is still litigation. JODY ADAMS: So, you sue, and you can silence the Town of South old. That is what you said. You say things, and you don't realize what they mean. SUPERVISOR COCHRAN: Don't put words in my mouth. May I have a motion to adjourn? Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that this Town Board is adjourned at 5:35 P.M. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. * * * rfl--4dJ~O ~ ~~~';:'. Neville Southold Town Clerk