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HomeMy WebLinkAboutTB-11/28/2000 SOUTHOLD TOWN BOARD NOVEMBER 28, 2000 Work Session: Present: Supervisor 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 F. Yakaboski. Supervisor Cochran advised that Steve Jones was named CEO of the Suffolk County Water Authority and he will be leaving the Suffolk County Planning Department. 9:00 a.m. - Appointment Neboysha Brashich, Chairman, Southold Town Transportation Committee appeared before the Town Board to request permission for he and Valerie Scopaz to travel See Resolution(IV. 5). to Albany on December 7, 2000. They have been requested by the State Scenic Byways Advisory Board to come before them in a preliminary mode to be sure that everything is in order when they submit their nominating package. This will only be an in formal view. The State will not be accepting it until later. The consultants have submitted their report. The nominating package is separate from the report. Ms. Scopaz presented the Town Board with copies of the draft nominating package for their review. She advised the Board that they would be willing to meet with them prior to presenting it to them for approval. Justice Evans asked if this will be part of the Local Waterfront Revitalzation Plan. Ms. Scopaz replied yes it would be. Ms. Scopaz 11/28/00 2 REGULAR MEETING NOVEMBER 28, 2000 4:30 P.M. A Regular Meeting of the Southold Town Board was held on November 28, 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: 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 A. Yakaboski SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills for November 28, 2000? Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $275,666.93; General Fund Part Town bills in the amount of $11,847.06; Community Development Fund bills in the amount of $17,000.00;Highway Fund Whole Town bills in the amount of $17,659.42; Highway Fund Part Town bills in the amount of $28,976.22; CHIPS (Highway Part Town)S12,885.00; Capital Projects Account bills in the amount of $1,754.20; Landfill Cap & Closure bills in the amount of $1,833.33; Community Preservation Fund (2% tax) bills in the amount of $3,000.00; Waterway Improvement Program bills in the amount of $1,766.00; Employee Health Benefit Plan bills in the amount of $546.00; Fishers Island Ferry District bills in the amount of $302,201.11; Refuse and Garbage District bills in the amount of $76,676.69; Southold Wastewater District bills in the amount of $1,808.73; Fishers Island Sewer District bills in the amount of $639.51; Southold Agency & Trust bills in the amount of $6,975.54; Fishers Island Ferry District Agency & Trust bills in the amount of $311.53. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Set the next regular Town Board meeting Tuesday, December 12, 2000 at 7:30 P.M. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the next meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, December 12, 2000 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. I. REPORTS. SUPERVISOR COCHRAN: As you know each month the Town Board receives Reports, not only from different departments, but also from different committees. They are placed on file in the Town Clerk's Office, and they are public information, so if there are any reports that you are interested in, please feel free to go into Mrs. Neville's Office and they will be available. 1. Southold Town's Program for the Disabled for October 2000. 2. Southold Town Board of Trustees Monthly Report for October 2000. 3. APA Partners Claims Experience Monthly Report for October 2000. 4. Leave Time Summary Report for October 2000. 5. Town of Southold Budget Report for the month ending October 2000. 11/28/00 3 6. Island Group Administration Claim Lag Report through October 2000. II. PUBLIC NOTICES. None. SUPERVISOR COCHRAN: There are no Public Notices, and there are no Communications this week. III. COMMUNICATIONS. None. IV PUBLIC HEARINGS. 1. 5:02 P.M., on a proposed "Local Law in Relation to changing an existing yield sign on North Sea Drive to a Stop Sign". 2. 5:04 P.M., on a proposed "Local Law in Relation to installing an "All Way Stop" sign at the intersection of Cedar Beach Road, Paradise Point Road and Sunset Way". V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy that prior to the adoption of resolutions the public has the opportunity to address any of the resolutions on the agenda. We also set aside at the end of the business the opportunity for residents of the community to address the Town Board on any given topic or issues. So, at this time I would like to ask if there is anyone that would like to speak to the Town Board either pro or con on any of the resolutions that are on the agenda. Anyone like to address the Town Board? (No response.) If not, we will begin with #1. #1 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 Jean W. Cochran to execute an agreement between the Town of Southold and the Suffolk County Office for the Aging, for the Community Services for the Elderly Social Adult Day Care Program, for the period April 1, 2000 through March 31, 2001, at an agreed cost not to exceed $20,867.00; said agreement all in accordance with the Town Attorney. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #2 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Venetia McKeighan, Director of Human Services for the Town of Southold to apply to the Suffolk County Office for the Aging for Residential Repair Grant Funds for Southold Town. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #3 Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2000 budget as follows: To: B.3620.1.200.100 Personal Services/Seasonal $1,500.00 From: B.3620.1.300.100 Personal Services/Part-Time $1,500.00 Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #4 Moved by Councilman Romanelli, 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: To: Revenues: 11/28/00 4 A.2705.40 Donation to D.A.R.E Program Appropriations: A.3157.5.600.100 D.A.R.E. Promotional Handouts Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. $120.00 $120.00 Councilman Murphy, Councilman Romanelli, #5 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2000 budget as follows: To: A. 1310.2.400.100 Accounting & Finance Department Computer Software Fixed Assets System $ 600.00 From: A. 1910.4.300.200 Insurance Contractual Expenses Public Officials Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. $ 600.00 Councilman Murphy, Councilman Romanelli, #6 Moved by Justice Evans, seconded by Councilman Richter, it was WHEREAS, New York's magnificent historic treasures, extraordinary cultural diversity, and significance as the nation's bellwether are a resource for life-long learning by residents, and WHEREAS, One third of all visitors to New York go to historical and cultural sites, making cultural tourism one of the fastest-growing sectors of the economy, and WHEREAS, Cultural resources are central to economic development, cultural tourism and quality education, and WHEREAS, New York boasts an inspiring array of 3000 museums and archives, the most for any state, where New York's diverse heritage is captured and accessible to all its citizens and visitors who learn from our cultural values, and WHEREAS, Limited resources are taking their toll on these historical and cultural institutions, with fragile artifacts, perishable archives and manuscripts, poor storage conditions, lack of technology, and deferred maintenance increasing the risk of loss of these treasures, and WHEREAS, Many unique traditions and documentary collections have never been captured or inventoried, leaving undocumented whole industries, cultures, and areas of New York life, and many of its important events, peoples, and organizations, and WHEREAS, The Rediscoveri,g NYHistory & Culture initiative proposes $7 million in local aid to 3,000 community archives, museums and historical societies to I) Save the archives of events, peoples and organizations that may be lost forever; 2) Upgrade the computer capacities of community museums and historical societies; 3) Expand the number of community history education projects; 4) Enhance community and regional heritage tourist programs; and 5) Link the 3,000 community history institutions on a New York History & Culture website, and WHEREAS, Every $1 State investment can leverage $12 from private and local government resources, and WHEREAS, This initiative proposes investing one hundredth of one percent of the State budget, therefore BE IT RESOLVED that the -Town Board of the Town of Southold supports the Rediscovering New York History and Culture initiative and encourages its inclusion in the next Executive budget. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #7 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Bruce w. DeFio as a full time Auto Mechanic III at the Solid Waste Management District, effective December 21, 2000, at an hourly rate of $16.9953. 11/28/00 5 Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Councilman Murphy, Councilman Romanelli, #8 Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Island Group Administration, Inc. to pay the past due medical bill of Town Court Justice Rudolph Bruer for his son, Stephen Bruer, to Sturdy Memorial Hospital in Attleboro, Massachusetts in the amount of $1,955.06. This outstanding medical bill exists due to late submission of claims because of the transition in medical insurance carriers for the Town of Southold. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #9 Moved by Councilman Romanelli, seconded by Councilman Murphy, it was WHEREAS the State Assistance Municipal Landfill Closure Contract between the DEC and the Town of Southold is set to expire on December 31, 2001 and WHEREAS it is possible that closure costs for which the Town may seek reimbursement under the contract will be incurred after December 31,2001; and WHEREAS the State has encouraged the Town to seek a no-cost time extension to ensure that any such potential costs can be considered for reimbursement now, therefore be it RESOLVED that the Town Board wishes to ensure that all appropriate costs related to the capping of the Cutchogue landfill are considered for reimbursement by the State of New York under terms of the DEC-Town of Southold State Assistance Municipal Landfill Closure Contract, and be it FURTHER RESOLVED that Supervisor Jean w. Cochran is hereby authorized and directed to request a no-cost time extension of such contract of a period of three (3) years. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #10 Moved by Justice Evans, seconded by Councilman Richter, it was WHEREAS, the Board of Commissioners of the Fishers Island Ferry District wishes to engage the services of an additional part-time reservation clerk; and WHEREAS, Bonnie Scott, Post Office Box 391, Fishers Island, New York 06390 has made application for the position; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby appoints Bonnie Scott to the position of Part-Time Reservation Clerk for the Fishers Island Ferry District. at the rate of $8.00 per hour, effective October 26, 2000. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #11 Moved by Councilman Richter, seconded by Justice Evans, it was WHEREAS, the Board of Commissioners of the Fishers Island Ferry District wishes to set incremental pay increases for full-time personnel effective January 1,2001; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby sets four percent (4%) incremental pay increases in salary or hourly wage rates for the following full-time personnel of the Fishers Island Ferry District, effective January 1,2001: Frederick Barrett Charles Burgess Stephen Burke Mark Easter Paul Foley Richard Hoch Robert Knauff Vote of the Town Board: Ayes: Jessee Marshall Kevin Moroney Sean O'Meara Victoria Orr George Peabody Kenneth Ricker Nina Schmid Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. 11/28/00 6 #12 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants a three month extension from December 7, 2000 to March 7, 2001 of the performance bond for the completion of roads and drainage improvements in the subdivision known as Summit Estates, Section I, as recommended by the Southold Town Planning Board; and be it FURTHER RESOLVED that the Town Board hereby authorizes and directs the Town Attorney to draw upon the $289.445.00 Ulico Casualty Company Performance Bond if the Phase n Bond is not received by 12:00 P.M. Noon, Thursday, December 7, 2000. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #13 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste District 2000 budget as follows: Amount To From $10,000.00 $ 3,000.00 $ 4,000.00 $ 3,500.00 $1,200.00 Part Time Employees (SR 8160.1.200.100) Part Time Employees (SR 8160.1.200.100) Tub Grinder (SR 8160.4.100.595) Scrap Tire Removal (SR 8160.4.400.815) Advertising (SR 8160.4.450.200) Full Time Employees (SR 8160.1.100.100) Temp/Seasonal Employee (SR 8160.1.300.100) Maint/Supply C&D Removal (SR 8160.4.400.810) C&D Removal (SR 8160.4.400.810) C&D Removal (SR 8160.4.400.810) $ 350.00 Work Gear (SR 8160.4.100.120) $155.00 Motor Vehicle Glass (SR 8160.4.100.500) $ 300.00 Maint/Supplies Trailer Fleet (SR 8160.1.100.640) Encapsulator Maintenance (SR 8160.4.100.607) Encapsulator Maintenance (SR 8160.4.100.607) Encapsulator Maintenance (SR 8160.4.100.607) Employee $ 2,524.85 $1,800.00 $ 3,000.00 $ 300.00 Town Garbage Bags (SR 8160.4.100.650) Refrigerant Removal (SR 8160.4.400.850) Engineering (SR 8160.4.400.100) Informational Brochures (SR 8160.4.450.300) Building Maintenance (SR 8160.4.400.200) Building Maintenance (SR 8160.4.400.200) Building Maintenance (SR 8160.4.400.200) Freight and Express Mail (SR 8160.4.600.500) Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Councilman Murphy, Councilman Romanelli, #14 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 2000 budget as follows: To: Revenues: A.3089.30 A.2210.70 Appropriations: A. 1110.2.200.100 A. 1110.4.500.300 Div. Of Criminal Justice Grant Services, other Gov. County Interpreter reimbursement Equipment, copy machine Interpreters $ 900.00 $150.00 $ 6043.56 $150.00 11/28/00 7 From: A. 1110.2.200.500 A. 1110.4.600.700 A. 1110.4.100.200 A. 1110.4.100.150 A. 1110.4.600.200 A. 1110.4.100.100 Fax Machine Jury meals Law Books Preprinted forms Meetings & Seminars Office Supplies/Stationery Vote of the Town Board: Ayes: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. $1500.00 $ 500.00 $ 600.00 $ 824.46 $ 689.57 $1029.53 Councilman Murphy, Councilman Romanelli, #15 Moved by Councilman Romanelli, seconded by Justice Evans, it was WHEREAS the Town Board of the Town of Southold is considering a change in the zoning designation from B General Business Zoning District Designation to the LB Limited Business Zoning District Designation that certain part of the parcel of land lying in the Town of Southold identified by SCTM # 1000-074.00-04.00-009.000 and WHEREAS, GElS which said "no further SEQRA review required" when "Changing the Zoning Category of a parcel from one industrial zone to another industrial zone, or from one commercial zone to another commercial zone, of from an industrial zone to a commercial zone shall not require further SEQRA review if: a) the proposed new zoning category for the subject parcel is consistent with the zoning of surrounding parcels, or b) the proposed change of zone does not permit higher intensity use of the subject parcel as compared to the existing zone in terms of lot coverage, building height, parking requirements, traffic, impervious area, drainage, and setbacks, or c) the proposed change zone does not take place in a designated historical area, a critical environmental area, areas of low depth to groundwater, or contain or are adjacent to freshwater wetlands or tidal wetlands, or d) the proposed change of zone is consistent with the County Road 48 Corridor Land Use Study and past land use plans of the Town of Southold and this proposed action meets this criteria/threshold"; and WHEREAS, the Town Board nevertheless conducted a LEAF pursuant to SEQRA in addition to the GElS findings statement; and RESOLVED the Town Board found that for the above action there is no other involved agency, that for the above action the Town Board is Lead Agency; that this action is an Unlisted Action; all pursuant to SEQRA Rules and Regulations 6 NYCRR 617.1 et. Seq. and Chapter 44 of the Southold Town Code; and be it further RESOLVED by the Town Board that this proposed project will not have any significant adverse environmental impacts and therefore the Town Board issues a NEGATIVE DECLARATION pursuant to the SEQRA rules and regulations. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #16 Moved by Councilman Murphy, seconded by Councilman Moore, it was LOCAL LAW 42 OF THE YEAR 2000 A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THAT CERTAIN PART OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) #1000- 074.00-04.00-009.000 FROM THE (B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE (LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislative Intent Consistent with our comprehensive land use plan and our established objectives and goals as reflected by the existing zoning patterns within the Town, and based upon our current County Route 48 Land use study as well as numerous land use studies and plans developed heretofore, we hereby determine that it is necessary and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus, we hereby identify and adopt the following overall themes of (I) Preservation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; (3) Preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; (4) Preservation of the Natural Environment; which derive from the shared vision held by residents and local public officials of the Town and which are intended to 11/28/00 8 foster a strong economy and which encourage and preserve the existing high quality of life as more specifically let forth herein below: Preservation or Farmland and Agricultural Use Farmland is a valuable and dynamic industry in the Town of Southold. The open farmlands are not only highly cherished for their economic value, but for the scenic vistas they provide. The open space and scenery created by farmland additionally contributes to the quality of life of the residents while promoting tourism and recreation. 2. Preservation of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open landscapes for recreation, clean air and water, as well as for its attraction to tourists and recreation seekers. The Town has attracted many second homeowners because of its "natural resources, abundance of open space, farms, picturesque villages, and the ever-present waterfront" (Master Plan Update, 1985). Due to this open space, the Town has a tremendous development potential. Bleak pictures have been painted in a few documents, warning of strip-type development, suburban sprawl and water supply issues. The preservation of open and recreational space is not only aesthetic, but also a necessity for the present and future needs of the Town. 3. Preservation of the Rural, Cultural. Commercial and Historical Character of the Hamlets and Surrounding Areas The Town of Southold is renowned for its rural, cultural, commercial and historic character. This unique character is recognized in all of the documents reviewed. Based on the input of Town residents, the Final Report and Recommendations states that the two most prevalent and key issues are keeping growth in the existing hamlet centers and preserving the enhancing the surrounding rural areas. Additionally, the Master Plan Update recommends the provision for "a community of residential hamlets that are comprised of a variety of housing opportunities, commercial, service and cultural activities, set in an open or rural atmosphere and supported by a diversified economic base (including agriculture, marine commercial and seasonal recreation activities)." 4. Preservation of the Natural Environment Accommodating "growth and change within the Town without destroying its traditional economic base, the natural environment of which that base rests, and the unique character and the way of life that defines the Town is of utmost importance" Ground Watershed Protection and Water Supply Management Strategy). The Master Plan Update recommends preservation of the Town' s natural environment from wetlands to woodlands and to "achieve a land pattern that is sensitive to the limited indigenous water supply and will not degrade the subsurface water quality. The outstanding needs enumerated below are the culmination of careful comparison of the intent and objectives of the town (as stated in past land use plans and studies) and the currently existing conditions along the County Route 48 corridor. These needs reflect the past and present vision of the Town and the work that still needs to be done due to the proximity of County Route 48 to the hamlet commercial centers and to avoid potentially conflicting development strategies for such areas. These outstanding needs we find exist throughout the Town and are specifically identified as follows: 1) to provide for viable land use development at levels of intensities which are sensitive to subsurface water quality and quantity; 2) to maintain and strengthen hamlet centers as the focus of commercial, residential, and cultural activity; 3) to preserve the open, agricultural and rural character of areas outside of the hamlet centers; 4) to provide for a variety of housing opportunities for citizens of different incomes am age levels; 5) to enhance the opportunities for pedestrian-friendly shopping; 6) to continue to the support of the Town's agricultural economy; 7) to maximize the Town's natural assets, including its coastal location and agricultural base, by balancing commercial, residential and recreational uses; 8) to strengthen the Town's marine-recreational and marine-commercial activities; 9) to encourage the preservation of parkland and public access to the waterfront; 10) to support tourism by maintaining and strengthening the Town's assets that foster a tourist trade. namely hamlet center businesses, historic heritage, architecture, a sense of place, of rural and open character, agriculture, and marine activity; 11) to preserve prime farmland; and encourage, the diversification of agriculture; 12) to preserve the historic, cultural, architectural and archaeological resources of the Town; 13) to ensure visual quality of hamlet centers; 14) to encourage appropriate land uses both inside and out of hamlet centers; 15) to promote balanced economy and tax base; 16) to preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and woodlands. Section 2. Enactment Therefore, based upon the aforementioned goals and identified needs of the Town and upon our consideration of the recommendations and comments of our Planning Board, the Suffolk County Planning Commission, our planning consultant (CCG) and the public comment taken at the public hearing and otherwise, we hereby change the zoning district designation for that certain part of the parcel known as SCTM # 1000- 11/28/00 9 074.00-04.00-009.000 (and more fully described herein below) from the (B) GENERAL BUSINESS zoning district designation to the (LB) LIMITED BUSINESS zoning district designation. SCTM # 1000-074.00-04.00-009.000 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon I erected, situate, lying and being in the ALL that certain plot, piece or parcel of land situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly line of the North Road (Middle Road or C.R 45) as widened; about 975.00 feet southwesterly along said line from the southwesterly line of Peconic Lane, being intersection of said southeasterly line with the northeasterly line of a certain private road; and RUNNING THENCE along said southeasterly line of the North Road North 52 degrees 48' 50" east 112.66 feet to land now or formerly of Case; HENCE along said land of Case and along land now or formerly of R. Chilton south 38 degrees 21150" east 464.82 feet to the land of the Long Island Rail Road; HENCE along the last mentioned land south 55 degrees 05' 20" west 112.84 feet to the northeasterly line of the aforesaid Private Road; and HENCE along the northeasterly line of said Private road north 38 degrees 21' 50" west 460.36 feet to The point or place of BEGINNING. Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #17 Moved by Justice Evans, seconded by Councilman Romanelli, it was WHEREAS the Town Board of the Town of Southold is considering a change in the zoning designation from B General Business Zoning District Designation to the LB Limited Business Zoning District Designation of a certain parcel of land lying in the Town of Southold identified by SCTM # 1000-074.00-04.00-010.000 and WHEREAS the Town Board of the Town of Southold is considering a change in the zoning designation from B General Business Zoning District Designation to the LB Limited Business Zoning District Designation of a certain parcel of land lying in the Town of Southold identified by SCTM # 1000-074.00-04.00-010.000 and WHEREAS, GElS which said "no further SEQRA review required" when "Changing the Zoning Category of a parcel from one industrial zone to another industrial zone, or from one commercial zone to another commercial zone, of from an industrial zone to a commercial zone shall not require further SEQRA review if: a) the proposed new zoning category for the subject parcel is consistent with the zoning of surrounding parcels, or b) the proposed change of zone does not permit higher intensity use of the subject parcel as compared to the existing zone in terms of lot coverage, building height, parking requirements, traffic, impervious area, drainage, and setbacks, or c) the proposed change zone does not take place in a designated historical area, a critical environmental area, areas of low depth to groundwater, or contain or are adjacent to freshwater wetlands or tidal wetlands, or d) the proposed change of zone is consistent with the County Road 48 Corridor Land Use Study and past land use plans of the Town of Southold and this proposed action meets this criteria/threshold"; and WHEREAS, the Town Board nevertheless conducted a LEAF pursuant to SEQRA in addition to the GElS findings statement; and RESOLVED the Town Board found that for the above action there is no other involved agency that for the above action the Town Board is Lead Agency; that this action is an Unlisted Action; all pursuant to SEQRA Rules and Regulations 6 NYCRR 617.1 et. Seq. and Chapter 44 of the Southold Town Code; and be it further RESOLVED by the Town Board that this proposed project will not have any significant adverse environmental impacts and therefore the Town Board issues a NEGATIVE DECLARATION pursuant to the SEQRA rules and regulations. WHEREAS, GElS which said "no further SEQRA review required" when "Changing the 11/28/00 10 Zoning Category of a parcel from one industrial zone to another industrial zone, or from one commercial zone to another commercial zone, of from an industrial zone to a commercial zone shall not require further SEQRA review if: a) the proposed new zoning category for the subject parcel is consistent with the zoning of surrounding parcels, or b) the proposed change of zone does not permit higher intensity use of the subject parcel as compared to the existing zone in terms of lot coverage, building height, parking requirements, traffic, impervious area, drainage, and setbacks, or c) the proposed change zone does not take place in a designated historical area, a critical environmental area, areas of low depth to groundwater, or contain or are adjacent to freshwater wetlands or tidal wetlands, or d) the proposed change of zone is consistent with the County Road 48 Corridor Land Use Study and past land use plans of the Town of Southold and this proposed action meets this criteria/threshold"; and WHEREAS, the Town Board nevertheless conducted a LEAF pursuant to SEQRA in addition to the GElS findings statement; and RESOLVED the Town Board found that for the above action there is no other involved agency, that for the above action the Town Board is Lead Agency; that this action is an Unlisted Action; all pursuant to SEQRA Rules and Regulations 6 NYCRR 617.1 et. Seq. and Chapter 44 of the Southold Town Code; and be it further RESOLVED by the Town Board that this proposed project will not have any significant adverse environmental impacts and therefore the Town Board issues a NEGATIVE DECLARATION pursuant to the SEQRA rules and regulations. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #18 Moved by Councilman Moore, seconded by Councilman Romanelli, it was LOCAL LAW 43 OF THE YEAR 2000 A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) #1000-074.00-04.00-010.000 FROM THE (B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE (LB) LIMITED BUSINESS ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislative Intent Consistent with our comprehensive land use plan and our established objectives and goals as reflected by the existing zoning patterns within the Town, and based upon our current County Route 48 Land use study as well as numerous land use studies and plans developed heretofore, we hereby determine that it is necessary and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus, we hereby identify and adopt the following overall themes of (I) Preservation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; (3) Preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; (4) Preservation of the Natural Environment; which derive from the shared vision held by residents and local public officials of the Town and which are intended to foster a strong economy and which encourage and preserve the existing high quality of life as more specifically let forth herein below: 1. Preservation or Farmland and Agricultural Use Farmland is a valuable and dynamic industry in the Town of Southold. The open farmlands are not only highly cherished for their economic value, but for the scenic vistas they provide. The open space and scenery created by farmland additionally contributes to the quality of life of the residents while promoting tourism and recreation. 2. Preservation of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open landscapes for recreation, clean air and water, as well as for its attraction to tourists and recreation seekers. The Town has attracted many second homeowners because of its "natural resources, abundance of open space, farms, picturesque villages, and the ever-present waterfront" (Master Plan Update, 1985). Due to this open space, the Town has a tremendous development potential. Bleak pictures have been painted in a few documents, warning of strip-type development, suburban sprawl and water supply issues. The preservation of open and recreational space is not only aesthetic, but also a necessity for the present and future needs of the Town. 4. Preservation of the Rural, Cultural. Commercial and Historical Character of the Hamlets and Surrounding Areas 11/28/00 11 The Town of Southold is renowned for its rural, cultural, commercial and historic character. This unique character is recognized in all of the documents reviewed. Based on the input of Town residents, the Final Report and Recommendations states that the two most prevalent and key issues are keeping growth in the existing hamlet centers and preserving the enhancing the surrounding rural areas. Additionally, the Master Plan Update recommends the provision for "a community of residential hamlets that are comprised of a variety of housing opportunities, commercial, service and cultural activities, set in an open or rural atmosphere and supported by a diversified economic base (including agriculture, marine commercial and seasonal recreation activities)." 4. Preservation of the Natural Environment Accommodating "growth and change within the Town without destroying its traditional economic base, the natural environment of which that base rests, and the unique character and the way of life that defines the Town is of utmost importance" Ground Watershed Protection and Water Supply Management Strategy). The Master Plan Update recommends preservation of the Town' s natural environment from wetlands to woodlands and to "achieve a land pattern that is sensitive to the limited indigenous water supply and will not degrade the subsurface water quality. The outstanding needs enumerated below are the culmination of careful comparison of the intent and objectives of the town (as stated in past land use plans and studies) and the currently existing conditions along the County Route 48 corridor. These needs reflect the past and present vision of the Town and the work that still needs to be done due to the proximity of County Route 48 to the hamlet commercial centers and to avoid potentially conflicting development strategies for such areas. These outstanding needs we find exist throughout the Town and are specifically identified as follows: 1) to provide for viable land use development at levels of intensities which are sensitive to subsurface water quality and quantity; 2) to maintain and strengthen hamlet centers as the focus of commercial, residential, and cultural activity; 3) to preserve the open, agricultural and rural character of areas outside of the hamlet centers; 4) to provide for a variety of housing opportunities for citizens of different incomes am age levels; 5) to enhance the opportunities for pedestrian-friendly shopping; 6) to continue to the support of the Town's agricultural economy; 7) to maximize the Town's natural assets, including its coastal location and agricultural base, by balancing commercial, residential and recreational uses; 8) to strengthen the Town's marine-recreational and marine-commercial activities; 9) to encourage the preservation of parkland and public access to the waterfront; 10) to support tourism by maintaining and strengthening the Town's assets that foster a tourist trade. namely hamlet center businesses, historic heritage, architecture, a sense of place, of rural and open character, agriculture, and marine activity; 11) to preserve prime farmland; and encourage, the diversification of agriculture; 12) to preserve the historic, cultural, architectural and archaeological resources of the Town; 13) to ensure visual quality of hamlet centers; 14) to encourage appropriate land uses both inside and out of hamlet centers; 15) to promote balanced economy and tax base; 16) to preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and woodlands. Section 2. Enactment Therefore, based upon the aforementioned goals and identified needs of the Town and upon our consideration of the recommendations and comments of our Planning Board, the Suffolk County Planning Commission, our planning consultant (CCG) and the public comment taken at the public hearing and otherwise, we hereby change the zoning district designation for the parcel known as SCTM # 1000-074.00-04.00-010.000 (and more fully described herein below) from the (B) GENERAL BUSINESS zoning district designation to the (LB) LIMITED BUSINESS zoning district designation. SCTM # 1000-074.00-04.00-010.000 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Peconic, Town of Southold, County of Suffolk, and State of New York, bounded on the North by Middle Road on the East by land now or formerly of Steve W. Stepnoski, on the South by land of Steve W. Stepnoski; and on the West by land of Harold E. Paul. Said premises known on the Suffolk County Tax: Map as 1000-074.00-04.00-010.000. Together with and subject to a Life Estate in favor of Francis Misloski, Henry Misloski and Maryann Misloski, all residing at No# North Road, Peconic, New York. Grantor herein was specifically devised the subject premises in the Last Will and Testament of Kenneth D. Case dated 10/23/73 and filed in the Suffolk County Surrogates Court as 1682 p 1973. Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. 11/28/00 12 THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #19 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Claire Glew, Senior Assessment Assistant in the Assessors Office and John Sepenoski, Technical Coordinator n in the Data Processing Department to attend a two (2) day seminar on January 8, & 9,2001 on the Real Property System Version 4 at SUNY Farmingdale, New York, and all expenses for travel and meals shall be a legal charge to the Assessors 2001 budget. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #2O Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Valerie Scopaz, Town Planner, and Neboysha Brashich, Transportation Commission Chairman, to travel to Albany, New York, on Thursday, December 7,2000, to meet with the Scenic Byways Commission to update them on our progress on the Southold Town Scenic Byways Corridor Management Program; and all necessary expenses for this trip shall be a charge to the Transportation Committee A. 1010.4.600.700 2000 budget. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #21 Moved by Councilman Murphy, seconded by Councilman Richter, it was WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of November, 2000 a Local Law entitled, "A Local Law in Relation to adding a yield sign at Wood End Way, Southold", now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 12th day of December, 2000 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law In Relation to adding a yield sign at Wood End Way, Southold" which reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 92 {Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Article ill, Section 92-32 (Yield Intersections) is hereby amended by adding the following: Yield Sign on Direction of Travel At Intersection With Location (hamlet) Wood End Way North Park Way Southold Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #22 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2000 budget as follows: To: B. 8020.4.500.300 Planning, Environmental Consultants $1,710.00 From: B. 1990.4.100.100 Unallocated Contingencies $1,710.00 Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Justice Evans, Supervisor Cochran. No: Councilman Moore. This resolution was duly ADOPTED. 11/28/00 13 SUPERVISOR COCHRAN: We are going to hold number 23. #26 Moved by Councilman Murphy, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby extends the due date for the receipt of bids for the construction of the landfill cap to Wednesday, January 31, 2001 at 3:00 p.m. Vote of the Town Board: Ayes: 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 printed resolutions. We have two hearings that are scheduled. We have one at 5:02, and that is changing a local law for an existing yield sign to a stop sign, and at 5:04 a hearing on a Local Law in relation to an all way stop. So, what I will do is take some comments from the community. Those of you attending now for the next twelve, fourteen minutes, and then I am going to have to take a break, and go into the hearings. Just to let you know that at 5:02 when I stop we will be coming back to comments. Is there anyone that would like to address the Town Board? Yes, ma'am? SONYA POLLOCK: My name is Sonya Pollock. I am a Southold resident. You will have to excuse my ignorance, but I have to ask a question. Why do you have to approve the position of a Reservation Clerk for the Fishers Island Ferry? I mean, is the ferry company owned by the Town? COUNCILMAN ROMANELLI: We are commissioned. SONYA POLLOCK: I was curious about that. So, the Town will pay that? JUSTICE EVANS: People that live on the island get taxed separately for the Ferry District. SONYA POLLOCK: I was just curious about that. I just didn't understand how that works. It is like a municipal employee, right? JUSTICE EVANS: It is a district, and we have allow taxation. SONYA POLLOCK: Okay, another question, on these changing of the zone on properties, it says it will not directly affect the environment. Why is there a question about directly affecting the environment? Are there going to be commercial buildings, or something? SUPERVISOR COCHRAN: Anytime you make a zone change by law you must go through what they call a SEQRA process, which is an environmental evaluation. We have to do it on many things. If we buy a dump truck we have to do it, and sometimes we hire a consultant, sometimes we can do a short form, and do it ourselves but it equates what is the environmental injury to this project, to the neighborhood, or traffic, or whatever, so this part of what we have to pass on that. No, this zone change will not cause an negative environmental impact. SONYA POLLOCK: That is what I wanted to know. I was curious. SUPERVISOR COCHRAN: We do that with many, many things. SONYA POLLOCK: Okay, I just have one final question. This concerns the animal shelter. I know you just had a meeting (unintelligible) SUPERVISOR COCHRAN: Greg is on the committee, and I am going to let him answer. We feel it is positive to this point. TOWN ATTORNEY YAKABOSKI: It has been positive. The goal has been to identify clearly in detail what the issues and problems are, and then work on solutions to those, establish solutions to those problems. We met on, I believe, the 15th or 16th, Councilman Romanelli, myself, and Supervisor Cochran, and Anna, and Terese, Barney Cosimano, and Jim Bitses were there, and then we set another meeting, which was held yesterday. We kind of established a framework for holding discussions, and moving forward, just a regular decision making process to try to reach a proactive, constructive solution. 11/28/00 14 COUNCILMAN ROMANELLI: Yesterday we had meeting also with Jamie Richter. SONYA POLLOCK: Have any of you, have any of Town Board members gone to the shelter? SUPERVISOR COCHRAN: I believe Craig went up. TOWN ATTORNEY YAKABOSKI: I believe what happened was my responsibility after talking to Anna and everybody in detail at the meeting yesterday, we were given a picture be it was, as to what goes on day to day out there, and big picture of what the needs are. ! went out this afternoon actually and, she gave me the tour two hours ago. An hour an a half, so Bill went over it, and ! got the report of how well the shelter is being done by the Ag and Markets report. SONYA POLLACK: But you understand all about the conditions that they are talking about? Right? TOWN ATTORNEY YAKABOSKI: It was helpful at the meeting, and then go out there myself also. SONYA POLLACK: Okay. That is all I wanted to know. Thank you. COUNCILMAN ROMANELLI: Just so you know, I haven't been there recently, but before I became a Board member ! did plumbing and heating in that shelter, so ! sort of know the inside. When ! put it, and the last furnace, so ! do know the structure, the inside, the outside, the areas that most people probably haven't been to. SHEILA WUENSCH: Sheila Wuenset. This is going to be cut off. I know other people may want to say something. ! can come back later if ! want to say something? SUPERVISOR COCHRAN: Oh, sure. SHEILA WUENSCH: ! just wrote a line that ! think expresses how a lot of people feel. We spent this week not shopping or going to the store, but taking petitions and knocking on doors. Many, many people have rallied to our cause. Trying to help those that can't help themselves, we have been just as busy as Old Santa's elves. (unintelligible) We can make it come out right. A new shelter is needed, and it is needed bad. We know you can do it. Thank you. LORRAINE ANDRADE: Hi. My name is Lorraine Andrade. I reside in Mattituck. I am a homeowner. ! am one of the people that took petitions to stores, beauty parlors, doctor's offices, restaurants, bars, drug stores, and more. The response was overwhelming. ! have gotten over 400 signatures. Basically there were three of us passing out petitions, and we got over 1,500 signatures. Everyone wanted to help, and think a new shelter is imperative. ! wanted to share with you some of the things that people said to me. Thank you for telling me about the wonderful place we have for a shelter, and when they go there to give towels, (unintelligible) they see the bad shape the shelter is in. One person told me that she went to the shelter ten years ago, and it was bad then. Other people told me how they go to the shelter when they have a little time, and walk one of the dogs. People ask me a lot of questions ! couldn't answer, which is, when are we going to get a new shelter? ! only know if ! can tell these people it made a difference if we were getting a new shelter. We need a place for the animals to safe, warm, and with sanitary conditions, not just for the animals but for the people who work there, and all the people who volunteer and are there day after day. Please open your hearts, so we can get a new shelter. Thank you. SUPERVISOR COCHRAN: Thank you. Is there anyone else? MARILYN SAWASTYNOWICZ: Good evening. My name is Marilyn Sawastynowicz. ! am a resident of Cutchogue. As a concerned resident ! started an organization, S.O.S., Save Our Shelter. This was started because ! am not satisfied with what is happening at the animal shelter. A new shelter has been needed for decades. As a volunteer ! know the crisis it is in. We are ready to go past the problems, and work towards the solution. As a resident ! want a real animal shelter to be proud of. S.O.S. went out into the community to see if the residents support and want a new animal shelter. The response has been overwhelming, and in favor of a new humane shelter. All ages from young children to senior citizens on fixed incomes feel strongly about a running a new fully funded shelter. Not every resident can attend Town meetings, but hundreds of residents have made their feelings known by signing our petition. ! present over 1,500 signatures from concerned residents who want a new, fully funded shelter. ! have for each of you just from a week. ! don't understand why you are putting the 11/28/00 15 community in jeopardy of losing the North Fork Animal Welfare League. The Southold Town Board is out of touch with the community on this issue. I am committed and passionate in belief that the North Fork Animal Welfare League must continue to run Southold Animal Shelter. Sunday's Newsday article summed it up perfectly. Southold's no-kill animal shelter has been one of the best bargains in town. I urge the Southold Town Board to listen to its residents and provide a new humane fully funded animal shelter. SUPERVISOR COCHRAN: Thank you. Would anyone else like to address the Town Board? We still have a minute and a half, and then we will break for the hearings, and then we will come back to it. JOANNE TAMIN: My name is Joanne Tamin. Just to reiterate someone's suggestion about a week or two ago, maybe volunteers, maybe people in the construction business can donate things, like Jimmy Carter does that with the Habitat for Humanity. I mean it is all possible. You just have to, you know, work towards that, and there is still more petitions out there that haven't been picked up. That is one thing I wanted to mention also. Thank you. SUPERVISOR COCHRAN: Thank you. It sure would be nice if everyone that signed these petitions gave you a $25.00 check at the same time. A lot of good names here. Do a mailing. We are going to recess. Can I have a motion to recess for a hearing? Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that a recess be called at this time, 5:02 P.M. for the purpose of holding public hearings. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Meeting reconvened at 5:06 P.M. SUPERVISOR COCHRAN: I will go to resolution #24. #24 Moved by Justice Evans, seconded by Councilman Richter WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of November, 2000 a Local Law entitled, "A Local Law in Relation to changing an existing yield sign on North Sea Drive to stop sign" 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 28th day of November 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. 40 OF 2000 I. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Article III, Section 92-30 (Stop & Yield Intersections) is hereby amended by adding the following: Stop Sign on Direction of Travel At Intersection with Location (hamlet) North Sea Drive West Kenny's Road Southold 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 affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. · Underline represents additions · Strikethrough represents deletions. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #25 Moved by Councilman Romanelli, seconded by Justice Evans, 11/25/00 16 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of November, 2000 a Local Law entitled, "A Local Law in Relation to installing an" All Way Stop" sign at the intersection of Cedar Beach Road, Paradise Point Road and Sunset Way" 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 28th day of November 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. 41 OF 2000 I. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Article III, Section 92-30 (Stop & Yield Intersections) is hereby amended by adding the following: Stop Sign on Direction of Travel At Intersection with Location (hamlet) Cedar Beach Road South Paradise Point Road Southold & Sunset Way 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 affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. · Underline represents additions · Strikethrough represents deletions. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: Would anyone like to address the Town Board on any Town business? ANN PHILLIPS: Good evening. My name is Ann Philips. I live in Cutchogue, and I am a taxpayer. Mr. Romanelli, I would like to ask you a question. You are the paid liaison for the animal league? COUNCILMAN ROMANELLI: Paid Town Board member. ANN PHILLIPS: Yes, but it is part of your responsibility to see be the liaison, is that not correct? COUNCILMAN ROMANELLI: That is correct. ANN PHILLIPS: According to Webster a liaison is a bond or a connecting bond, a codefendant of activities, or a close liaison between parties. Okay? When was the last time you were at the shelter? I mean to go through the shelter itself. COUNCILMAN ROMANELLI: To go through the shelter myself, two years ago. ANN PHILLIPS: Okay. I was not able to attend the last meeting, and you heard of the problems that everybody was discussing and you didn't feel it was necessary for you to visit the shelter to see what they were saying was true? To see what you could do to remedy it? COUNCILMAN ROMANELLI: I believe what they are saying is true. ANN PHILLIPS: Your actions don't show it. COUNCILMAN ROMANELLI: I was the Board member who put $250,000 in this year's budget. ANN PHILLIPS: Your money? Our tax money? COUNCILMAN ROMANELLI: It wasn't my own personal money. It had to be the taxpayer's money. That is my position as Town Board member, and I am the Town Board member who, I realize those problems, I agree with the problems. I never disputed the problems. I put that money in the budget when we were working on the budget because I knew something had to happen there. I apologize for 11/28/00 17 my emotional reactions at the last meeting with Mrs. Cosimano. I was out of line in my emotions, but I feel emotional about it, because I feel as though I am sitting up here, I am being bombarded. I want people to realize I know there is a problem. This Board knows there is a problem. I put that money in the budget. This Board kept that money in the budget, because we wanted something to happen down there, not because we didn't. This is the first time money has ever been put in the budget. I agree with you. Things need to happen. ANN PHILLIPS: But you don't seem to understand that it is not problems anymore. It is not hazards. Excuse me, it is a crisis. COUNCILMAN ROMANELLI: Yes. ANN PHILLIPS: You have no ventilation. Do you know what that is? Do you know that they put the dogs in the shelter at 3:00 o'clock in the afternoon, and take them out at 7:00 o'clock in the morning. You expect the kennel workers to go in there where there is no ventilation to an absolutely, nobody should go in there and smell that smell. There is feces. There is urine. These things are hazardous to your health. You have formed a health hazard. You have made people be exposed to very, very, very bad conditions. This can affect the liver. This affect your lungs. It can affect your skin. It can affect anything, and you act like $250,000 is a lot of money, when in essence you haven't even listened to the whole story. Excuse me. TOWN ATTORNEY YAKABOSKI: That was me. My name is Greg Yakaboski, and I just have to jump in a little bit here. I realize that you were not in attendance at the two most recent meetings. ANN PHILLIPS: I only got involved in this in less than two weeks, and I see a lot of problems here. TOWN ATTORNEY YAKABOSKI: I realize that. We sat down here. We had the tables right here on Monday, and sat down with Anna, and Barney, and Therese. Harvey Arnoff is representing the League was there. I talked to Harvey prior. He is an attorney. I talked to him prior to the meeting. I talked to him then. We went through point by, and I think Craig Richter who was there will be back me up, excruciating, I went through excruciating details to make sure that...the League is there every day, and can make sure that they were able to convey exactly what the issues were out there. I do think though. Please, let me finish. ANN PHILLIPS: It is redundant. TOWN ATTORNEY YAKABOSKI: I do think though that one jump that has been made, and which might or might not be correct, we don't know yet, the League might know, but the Town has go through that process, is that a jump has been made in the decision making process to the end game, what the solution is. There might be many solutions, but first what you do is you identify clearly so that everyone is on the same page what the problems are. We do a lot of fact gathering as to that. You identify your choices, what possible solutions. There is always more than one way to solve the problem, what possible problems are out there. We and to the League's credit, we have sat down with them and said, look, if there is a way to address these issues, which identified it, address them so they are solved. What happens to cost, this is just a random number, what happens to cost $150,000, they have said, yes. Now, remember my example was to solve the problem, to solve all the problems, so it is to jump to the end game of picking a number without going through the process, establishing choices, and see what can solve the problem. That is what we are going through right now. The meeting have been very constructive. I am going to calling their attorney, as per agreement, tomorrow or the next day to set up another meeting the following week to go through. We had a meeting on the 15th. We set a date. We had another meeting on Monday. We are going to be having another meeting. I know internally some of the people in the field, who we know, who can advise us how to deal with these issues, are going to be looking at things. So, we can have another constructive meeting sometime next week. That is what has happened. I understand there is a lot of frustration, probably perhaps from other years, but right now there is a lot of constructive .... ANN PHILLIPS: I am talking about this year. I would like to be able to finish my talk. TOWN ATTORNEY YAKABOSKI: I just wanted to jump in and let you know some of the facts. That all. 11/28/00 ANN PHILLIPS: Well, I realize that you are doing things, but I don't think a lot of people are cognizant of what exactly is going on there, that there are organism, there are airborne organism, there are microorganism. There are health hazards that we have no right to ask people to work in. The dogs never have a dry place to sleep, and when you put a blanket on a wet floor the water is absorbed into the blanket, and this is because there is no ventilation. You have backup of sewerage. You have it at the movies, and they close it, yet you people don't happen to understand that you are asking workers to work in this situation. It is not acceptable. We won't tolerate this. I mean, as far as I am concerned you can't ask people to work in a place that is a hazard, and it is a hazard. When you have had this you speak of other years. I don't' care about any other year. I know this is the year 2000. This is what I want done. This is what we need to have done, and yes, you need to build a new shelter, because of all of the problems. This is not only having ventilation, having a sewage backup. I mean that is not right that people have to work like this. We have animals there, and we are not taking care of them. We are abusing them. It was freezing cold when I went down there last Saturday. The dogs had to not only come in the cold air into a wet place, but the blankets were wet because it is absorbed. You walk into that area, and if anybody has been there you smell the caustic aromas of what they have to disinfect with, because there is no drainage. Sometimes they can't even wash the feces and urine away. You have echoli. This could be fatal. You have no right to ask the workers to work like this. You have a responsibility. Just let me finish. I just don't think that this is fair for you to sit there, and think that you are giving us something when in fact if you do know anything about building a shelter that apparently it takes a great deal of expertise. It is not field. I do what I have knowledge of, but if you will allow me to read this, it says, that you should have a architect who knows building construction. He must know about the nature of the transmission of animal disease. He must know animal behavior and handling, and the effective disinfecting procedures, and the noise level. These are the things that is why when you ask, you offered $250,000, we could not accept this, because in order to accept this, and you know about this estimate of the town shelter, that for $250,000 out of that has to come $40,000 for the systems which makes the cement and the radiation, the radiant heat, and plumbing, and so on, and so forth. That leaves us with $150,000. It take over $250,000 just to get the (unintelligible) and this is just basic. This isn't anything elegant. It isn't a shrine. It is a basic dog shelter, and yes, we should be able to work together, but I, as a taxpayer, don't feel that you are cognizant of what we are talking about. Excuse me. I am talking. TOWN ATTORNEY YAKABOSKI: When I addressed you I wanted to use your first name. I was just the Clerk what it was. I didn't want to interrupt you. ANN PHILLIPS: My name is Ann. My feeling is this. That Mrs. Cochran last week, I caught the tape, she said she wanted to extend your hand. As a taxpayer and as a person that has been in this League. I don't feel like that. All I want you to know is, it is horrendous. It is horrific. It is not a place where people should have human beings or should have animals, and that is expensive. It is not that we asking for something that is out of the ordinary, and I think it would be magnanimous of anybody in the community who could help, and say donate the heating or the plumbing. I can't do much, but I can do gardening. I can do cleaning. I mean I would be very happy to do something like this, but I did not get from the last Town Board meeting that you were listening to us. We were talking against a Board with no, absolutely no feeling, and I am the very first one that would be very happy to help you do anything, but you must understand that it is not that we are asking for so much money. It is impossible to build a shelter for less than $500,000, because of all of these things, and that is what you have to understand. That's all. TOWN ATTORNEY YAKABOSKI: May I? Ann, I think (tape change) the dangerous condition. In fairness, and actually in congratulations to the job the League has been doing, I talked to Gillian Wood, and my apologize if I am not pronouncing your name correctly. The Ag and Markets comes out and does and inspection, annual inspection, I believe, every year of our shelter, and they are the ones who govern shelters and the criteria, and it was just this week very proudly stated that there are 37 points. In the six years she has been here there has never been there has never been an unsatisfactory checkmark. That includes..this does not say that problems don't exist, and things happen, but just in fairness to the Town, and also in fairness to what a wonderful job they are doing out there. For example, feeding, water, sanitation, cleaning, housekeeping, pest control, rodent control, veterinary care, handling, care of sick and injured animals. These have all by Ag and Market inspectors have all been listed as satisfactory. Again, please, don't mishear me, that I am saying things don't need to be addressed, but again, right now, within six years, correct me if I am wrong, we just talked this afternoon. ANN PHILLIPS: I talked to Gillian the other day, and they told me there was no ventilation. 11/28/00 19 TOWN ATTORNEY YAKABOSKI: Ann, again, please, remember I didn't' say there weren't issues out there. I am not in any way trying to knock down the issues which have be raised at all, at all, but I just wanted to point out that the things I just read off that was just several of the 37 check list, and... ANN PHILLIPS: Why would they put this list out if it is not true? It says, Southold Animal League, Peconic. TOWN ATTORNEY YAKABOSKI: You are talking about the nine categories? ANN PHILLIPS: Yes. TOWN ATTORNEY YAKABOSKI: Yes, and again, we are not saying that those issues aren't issues that need to be looked at, and be understood, and addressed, we are just pointing out that this was not done by us, nor the League. ANN PHILLIPS: When was that done? TOWN ATTORNEY YAKABOSKI: It has been done for the last six years. It was done on May 5, 2000 was the most recent one. We are talking indoor temperature, ventilation, lighting, interior surface, all satisfactory. Outdoor shelter from... There are issues out there. I am not saying there is not issues. I am not, but these are minimum requirements. ANN PHILLIPS: How come they tell me the overflow? It doesn't jive. TOWN ATTORNEY YAKABOSKI: The shelter has high standards. ANN PHILLIPS: Excuse me, but we are discussing something. SUPERVISOR COCHRAN: Excuse me. This is my meeting. If they would like to communicate they are able to do that. ANN PHILLIPS: They are able to do that? SUPERVISOR COCHRAN: May I just say though, you know all of us have lived here many, many years. All of us. Bill has got a dog. I had cats. I had dogs. I had parakeets as my kids grew up. I don't think there is a person on this Board that does not like animals, or have compassion for animals. We also on the other hand know that the shelter has been a mess for years. We know that, so this year we felt let's start the process. Let's try to upgrade and do what we can, so as John recommended $250,000 I put it in the budget, and we thought we could sit down with the League, and look at how we can reach our goal. If it takes two years, or three years, we would at least start this year, and this is where we are coming from. Now, at this point, the committee has been formed. There are Board members, which you are aware of was been said tonight, plus the League has Board members, and we are trying to solve a problem. We are trying to see what we can do, and we are communicating, and we are doing it as quickly as possible, because they are not setting a meeting now, and then waiting a month. They are trying to set. ANN PHILLIPS: This is a crisis, so I think something has to be done. SUPERVISOR COCHRAN: We don't argue any of what you said. I think we are both on the same side. ANN PHILLIPS: I hope so. SUPERVISOR COCHRAN: Excuse me, now I am speaking. Thank you. We have a committee that is functioning. Let them function. Let them see where they come in. If you are still not happy come back and yell and scream. But, let the committee function, and try to solve some the problems we have. That is all I am asking. COUNCILMAN MURPHY: Ann, if I may for just one second? Two years ago I sat in on the negotiations for the contract with the shelter, and in that contract provides for the Town to give the shelter a piece of land back where it is, and I was down there with the Supervisor, and the Superintendent of Highways, and the area where the land was to be made available was shown to the 11/28/00 20 Board of the Animal Welfare League, and within that contract they said, fine, if you provide us with the land we will build the shelter. So, to say that this has never been addressed, it has been addressed. Being that the Welfare League did not move on this opportunity is, you know, somebody has got to start asking some questions back at the League. Let me just go on from there. Now, we see that these problems have come along. Mr. Romanelli has seen them, and he came back to us this year, and said, look, we have to put some money in this budget to help start to correct this. The League isn't doing it, so we are going to have to do it. ANN PHILLIPS: It is your responsibility, because it is Federal, a municipal that says you have to have a dog shelter? COUNCILMAN MURPHY: State, but this is the way the agreement was made. Actually this goes back even much further, back into the '80s, and there were some articles about this. ANN PHILLIPS: See that is what is very difficult here. It is because there are so many people, we say this, and the League said this, and so and so, and it really is very difficult to understand everything because what I have told you is what I have been told. Okay? I have only been involved in this in about less than two weeks, and I felt very strongly about certain things, particularly the ventilation, and the health hazards. I don't feel we have the right to ask people to work a situation, but if you tell me this there has to be some kind of a meeting of minds. COUNCILMAN MURPHY: This is what is happening right now. ANN PHILLIPS: Yes, but is everybody laying their cards on the table? We don't have to look like we have egg on our face when, you know, you say one thing, they say another. SUPERVISOR COCHRAN: I sat in on the first meeting, and it started some of the bickering again, and we said, hey, wait a minute, and Greg said, let's put everything behind us, and start, and as he said, it is almost problem solving. You look at the problem. You set your goals, and you try to solve them, and have to identify first, and this is what is done, and I don't know how your meeting went yesterday, but we are passed that one side against the other, who are you for, who are you against. This doesn't solve anything. COUNCILMAN RICHTER: I think sometimes I get too polite. When someone starts I want to jump in here and try to speak. Being a Councilman this is fairly new, the dog shelter issue. I think this Board is all in agreement how important the North Fork Animal Welfare League is. My office happens to be above the thrift store. I know Barney and Anna very well. I know a bunch of people that work in there very well. They do a tremendous job, and it is an asset to our community to have such a League. There is no doubt about it. I need to say that things need to go from this period forward. The history is not good. The history that is being pronounced is not good and favorable to what we want to accomplish, so we need new rapport. There are a couple of issues that need to be set. I have done my research, went up to the shelter, took a look about two weeks ago, when it first came to the forefront. You were talking about the ventilation, and the conditions. I was not exposed to any of that in the first eleven months of being on the Town Board until just recently. Anna and Barney on occasions have talked to me while we were in the back parking lot, so I did some research, and I went back to the minutes. I am looking in the minutes, not that it makes any difference, but what was said here about the Animal League sponsoring, or building a shelter on Town owned land are in the minutes, are in the contract, and they are, because I looked. I really don't want to go in that direction. I did some other research, and to say so if that was the case how was the North Fork Animal Welfare League going to build a shelter if that were the case? Then I found out how much the non-profit organization has for assets, and I don't know if you know the assets of the North Fork Animal Welfare League, $521,000 plus, over a half a million dollars. To me I said, wow. My first reaction is you need to go forward, but when such an organization as great as the North Fork Animal Welfare League, and it is, the organization deals basically, I presume, in Southold Town with the dogs, but to have a half a million dollars, over a half a million dollars in assets, it is quite amazing. In all the boards I have served on over my years of service, community service, volunteering whether it is youth activities, fire department, school board, or whatever organization, most of them try to get rid of that money in the course of a year. Now, that is fine. You don't have to do that with all organizations, so I dug a little deeper, and I found out there is money in the organization that has been earmarked for the shelter. So, why don't we come together. I think we want to definitely have a shelter, because we don't want to go back to old days. Absolutely not. I have to give John credit. One of the other things I have noticed in my first eleven months on the Board, sometimes people have a tendency to get very wrapped up in the 11/28/00 21 subject matter. We have a number of issues before us, and we need to concentrate on a lot of issues. This is important. Don't get me wrong, but like ! said up until two weeks ago ! didn't know the disasters that are there, such as the ventilation system. ! mean, ! got to sit here and decipher what is right and what is wrong. ! have got to make decisions in my mind the way that ! should vote on different things. ! listen to different statements being made. A couple of other townships on the South Fork have failed that 37 point checklist. ! know you guys do a great job. ! was there the other day. You guys do a great job. That is a credit to the League going above and beyond the call to make sure it is as sanitary as possible. Cesspool do back up. ! saw that first hand when ! was up there. ! saw the side of cover coming out, so this is something that needs to be addressed. It needs to be addressed now. ! have to give John credit for coming forward and putting that quarter of a million dollars in there. ! think that now we are working on a committee that is working collectively with one goal in mind, ! don't care about history. ! don't care who said what to who, and ! really don't care. The reason you are here, and the reason we are here is to get to this goal here, and that what we need to do. You can help us with that type of funds available, and from what ! have read ! think we should make To me that makes sense. ! mean, if somebody can show me where it doesn't make sense, please, tell me. Let's join forces. ! mean over a half of million dollars is a lot of money. Two weeks ! don't know. You didn't either, but when Barney hears this, and Anna hears this, it is a credit to them. They have talked to me on a number of occasions. SUPERVISOR COCHRAN: Anyone else like to address the Town Board on any Town Board business? Yes, ma'am? LORI VACCARELLA: My name is Lori Vaccarella. I live in Mattituck. I am a relatively new comer to the area. ! have been here about ten years. ! am a supporter of the shelter, and ! have been listening to this emotionally charged issue ! guess my question is if it has been going on for so long, that we will proceed from here, but ! am not hearing that happening. Mr. Yakaboski, with all due respect, ! heard you announce three times talk about issues, options and solutions that you are trying to pursue, and ! am hearing a lot lawyer speak, and ! would like to know, what exactly are these issues. ! thought that everyone was agreement that a new shelter was needed. Is that not correct? TOWN ATTORNEY YAKABOSKI: I think that we are trying to solve a problem. I don't know. COUNCILMAN MURPHY: Now you know what we put up in the Work Session every week. TOWN ATTORNEY YAKABOSKI: No, but I don't know. Probably some type of new facility is needed, and you don't want to just go and pick a shelter. COUNCILMAN MOORE: There are two possible solutions here. One of which Craig had identified the second source of funds here within League asset pool itself. Whether you all were aware of it or not there is $300,000 here if this information is accurate. COUNCILMAN RICHTER: No. There were different line items in there. There is over $500,000, but there is money earmarked for shelter in those funds, and ! am not so sure that everyone knows that. ! know ! spoke with, Ma'am, ! don't forget your name, we spoke in the parking lot just two days ago? ! know at that time you were not aware of that. Action speaks louder than words, so you see us do something than you understand. ! think what you are asking Greg about a new shelter ! think you are trying to pin him down, and don't forget he is an attorney, so he is going to watch every word he says very carefully. Is there a new shelter needed? There is something needed. Is it a total new shelter that is 50,000 square feet? ! am not sure yet, that is why we are having a meeting, John, myself, and Jamie Richter are having a meeting to discuss size and so forth, and to go over the one that was proposed. We want to investigate that ourselves. We need to do that being responsible to the taxpayers in town, we need to look at that. ! mean there is nothing that comes across here that we don't look at because that is our charge, or responsibility. ! can tell you something is going to be done, and what exactly ! don't think Greg can answer you. ! don't think Bill can answer you, or John. LORI VICARELLI: What I was referring to was when Mr. Yakaboski refers to the issue here being addressed. Are you talking about specific issues, such as the shelter says we need ventilation? We want to know, because if that is the case then ! guess my question is, why is the Board making the decisions as to whether or not it is needed? It seems to me there should be someone who is .... COUNCILMAN RICHTER: It is a committee. It is a committee made up of the people from the North Fork Animal Welfare League, Anna was there, Teresa were there. They were putting input into. Mr. 11/28/00 22 Yakaboski was grabbing information so we could have it also. ! don't work there, so ! don't know all the .... LORI VICARELLI: I understand that, but what I am asking is if you are talking about issues, and Anna is saying that the shelter needs new ventilation it would seem to me that you would need someone on the other side, someone who is actually a neutral party, an engineer perhaps who is saying we do need it, we don't need it, it is higher, so where is that person? Are we at that point? COUNCILMAN RICHTER: No. We have just started the meeting. That was the second meeting we had yesterday. We have another meeting in two days. We are going to stay current on this, but there are steps. You can't go from step one to step ten and forget eight steps in between. You need to go through legitimately, but you need to go through it expeditiously, too. We are not here to take six months to come up with this. ! would rather not see you all here every meeting yelling at me, so ! think we need to work in partnership. We need to work together to reach a common goal. This is a no- brainer to me. You know, ! think there has been some times when some accusations have flown, and you know, to me that is all negative wasted energy. You start here, go forward, get the project done, so we can go on to the next one. LORI VICARELLI: I would also like to address something you said, Mr. Richter. I have been Board (unintelligible) and in regards to comments about having a large budget, the $500,000, the $300,000, their assets. If you look at the way most animal shelters are run, most places are run with the majority of animals that rely on donations are run with a large asset base, and they use the interest that is generated every year to help to operate it, so it is not a case that $500,000 is available to be used. COUNCILMAN RICHTER: ! don't believe there is $500,000 out of the $521,000 plus for a shelter. ! do know that is nine items in there for a shelter. ! do know that investments made, and you definitely use the interest off that. There is a trust, and that is a great thing, so that the North Fork Animal Welfare League have something to operate on over the course of the year. ! do know there is a line item in there for a shelter. ! think the existence of the North Fork Animal Welfare League is to take care of animals. That is why you exist, you are there. It is like Greenport Youth Activities, which ! just got of the presidency not too long ago. We are there for the youth of our community. You are there for the animals of Southold Town. ! think we all want to end up in the areas. ! think you need to take some of your efforts, and utilize some funds. ! don't see why not. This is not a rich town. ! don't want to go there, because that can stir up. ! am trying to be positive. Let's stop the finger pointing. Let's go right to the problem, and get it solved. LORI VICARELLI: ! agree with you, and ! think most of the people do, too. Again, ! am just bringing up a question. ! can feel all this tension here, and people keep going back to what happened in the past, even though they saying you are not going to go back, so ! would like to see us go forward from here. ! think that there needs to be some clear, fresh approach to this. ! don't know how to find that. ! think that is the way to solve this problem, but ! also might suggest that since a few of you have been to the shelter, why don't you do a field trip to the shelter, and see what it is that people are talking about.? SUPERVISOR COCHRAN: Thank you. Anyone else? Yes, sir? BENJAMIN SCHWARTZ: Thank you, Jean. My name is Benjamin Schwartz. ! am a Southolder. ! have been a Southolder by conviction for over thirty years. This is the third time ! have been before the Town Board, but ! think ! have things to say regarding the recent friction between the North Fork Animal Welfare League, and the Southold Town Board. You know this is the third time ! have been here, but ! am going to keep coming back until this issue is cleared up. ! think the people and the businesses in the Town of Southold, as well as the Town Board, would benefit by clearing up this issue, and if we can't come to some kind of a clarification ! think we are all losing as long as it takes. The longer it takes the more we are losing it in this regard. The bottom line, the underline fact is that the current Southold Town Animal Shelter Facility needs to be replaced. ! live in the oldest house on Fleets Neck in Cutchogue by necessity, and also by choice, ! have become a master at reconstructive carpentry. ! take great pleasure in repairing and restoring my house, because in my opinion it is a beautiful building on incredible site with some historic significance. In contrast, the current animal shelter facility was never a building that ! was proud of. Last week ! went down to the shelter to tour the facility, and judge the situation for myself. As ! was existing one building ! had a problem closing the door. The door overlapped the doorframe by about two inches. ! noticed that the hinges were falling apart, and even when ! held the door up so the hinges were together the door still wouldn't close. Applying more force ! was able to move the doorframe over, but the bottom line is the 11/28/00 23 doorframe was rotten to the core. I was glad to exit that building, because it was pretty dismal inside. Half of the lights were out. I see all the lights on here in Town Hall. That is a good thing. When I questioned the shelter employee about that, she said, well, we are lucky we have any lights. Sometimes all the lights go out, but there is some intermittent problems with the wiring. In my somewhat educated opinion, and from going there, and from what I know about construction it was fairly clear to me that the entire shelter, the floors, the walls, the roof, they are all in need of replacement. I don't think you can in conscience repair a building like that. Mr. Richter has said several times that we are looking for a solution. Well, the solution here is very clear, demolish and new construction from the ground up. The current facility that is there, and there has been some confusion, and I was confused, so I went down there to take a look at it, and I also did some research into the history. The current facility started out sometime in the 1970's as a temporary building built by $outhold Town to house a municipal animal pound. It was built as a structure to tide the town over for a year or maybe two until something permanent could be built. Ten years more or less later the New York State Department of Agriculture came to $outhold Town and condemned the entire facility. The Town Board at that time said there was an emergency. Frank Murphy, the Supervisor at the time, said we didn't have time to go out to bid, and borrow the procedures you need. The Town Board, that Town Board, which is the predecessor of this Town Board, and I know you may have only been here for two weeks, but this situation has been going on a lot longer than that, and you have taken on when were elected, you became fare to the problems that were left by the previous Town Board, and I respect that you have a problem there, but just to refresh your memory, if you are not aware of it, at that time the Town Board voted to authorize $123,000 to redo the facility. The only problems is the bids came in at about $250,000, which is a little deja vu right now. We have got half the funds allocated. So, the response of the Town Board was to send the Town Engineer over there, and the Town Building Department, and for a cost of some $50,000 they built an addition to the initial structure, and that basically is the animal shelter at this point, is the initial one year temporary structure, plus the temporary addition, which was started with a grander plan, and then George Penny, I believe was Councilman at the time, and at the time was liaison to the shelter, he went down there, and he said you can't do it this way, this is totally no good, and then they went back, and somehow ended up with the current addition. But, clearly, both of these projects were inadequate at the time they were built, and they were not built to last. Now, this Town Board is offering half the money to build a new facility, which means that it is only enough money to patch the old facility. With all due respect the Town needs a facility designed and constructed as a permanent animal shelter. Now, that is a need of the Town. The North Fork Animal Welfare League has been working for the town doing the job that the town is required by law to do for over a quarter of a century. They have been operating the animal shelter. The town has been contributing funds to the operation of the shelter. I will try to shorten this here, if I can. Regardless of the fact that the North Fork Animal Welfare League has been operating the shelter with very little, if any, input from the town apparently this Town Board made a decision to fund $250,000 with little input from the North Fork Animal League, as far as I can tell. The appearance that I get is, this decision was made without a lot of input from the North Fork Animal Welfare League, and with very little knowledge of what funds were actually needed to solve this problem. I don't know, but apparently Mr. Romanelli was appointed as liaison to the shelter, and he has paid. At the last meeting I was at I heard admit that he hadn't been there for over a year, and he represented that his job was to get involved if there were any problems at the shelter, and to his knowledge there had been no problems. With all due respect, this problem is well over a quarter of a century old, and if he is the Town Board liaison, and the Town Board has not been aware of the problems, maybe the Town Board needs a new liaison. SUPERVISOR COCHRAN: Please, sir. I am sorry this is my meeting. I conduct it. We are asking for your input. Let's not get personal. John is trying to do a decent job, and he is. BENJAMIN SCHWARTZ: I don't think I have said anything personal. I have been talking about the job that he has been doing. SUPERVISOR COCHRAN: I think you are saying that there should be a different liaison. COUNCILMAN ROMANELLI: I will be honest with you. I want to tell you something. Anna in the past two weeks came up with one set of plans for a new shelter. This is the $485,000 that everyone seems to have their mind on. Right? Everyone is funneling on this one option that Anna came forward with. I am well aware of the problems down there. She came up with one option for $485,000, and in credit to Anna she has been constantly telling me about the problems, and keeping me well abreast of them, and so stand there, and to point a finger at me, and tell me I don't know what the problems are, because it is wrong. Okay? And I am giving credit to Anna for that because she has let me know every problem that has gone on down there for the past two years, more so than I really need to know. Okay. 11/28/00 24 BENJAMIN SCHWARTZ: Okay, very good. COUNCILMAN ROMANELLI: And when she came to us with one option, and when it came time for the Budget, and that is why ! tell you ! am sitting here, and ! am starting to think ! am going crazy because ! don't think anyone hears. She came forward, and it came time to do the budget, and we have, what is our budget, $9,000,000? We are trying to come up tax money, the whole bit, and ! said, she has one option, there has got to be something that we can do to help, because we can't come up with $485,000, or a half of a million dollars, there has got to be something. This Town Board, again, ! am going to say it again, this Town Board said, yes, there has got to be something we can do. Let's get started for $250,000. That is a quarter of a million dollars, and ! can not believe that ! have got people out in this audience standing out there, pointing fingers, and saying to me, a quarter of million is no good. You are like a bunch or spoiled children. We are trying to do something here. A quarter of million dollars, you do not think we can go forward for one year to get something going? We might be able to solve all the problems with a quarter of a million dollars if the Highway Department does some of the work, if our carpenters do some of the work, if our electrician does some of the work. We might be able to do it. SUPERVISOR COCHRAN: That is what we are investigating. COUNCILMAN ROMANELLI: That is what we are trying to do. We are aware of the situation. What else do we have to do? BENJAMIN SCHWARTZ: Can I finish my statement? SUPERVISOR COCHRAN: Yes, but please don't get personal. These are people that are trying to help. They are not the enemy. BENJAMIN SCHWARTZ: I would say there has been some communications problem, and I don't mean to aggravate. On a legal note my understanding with the contract between the Town and the North Fork Animal Welfare League is that there is a clause in the contract that permits the North Fork Animal Welfare League to give the Town thirty days notice to take over operation at the shelter. ! don't believe that the Town is prepared to take over operation at the shelter. ! wouldn't like to see it come to that, but ! have spoken with some former members of the Board, people who have tried to deal with this problem, who not only couldn't they get anywhere, but they weren't even willing to come here to try, and face up. You said that ! am getting personal, ! think you have started to get personal to me. ! am not attacking anybody. ! am just trying to see the Town do it's job, and not say that the North Fork Animal Welfare League is responsible for what ! believe is a Town obligation. SUPERVISOR COCHRAN: Would you please finish your statement. Thank you. BENJAMIN SCHWARTZ: Okay. I have very little left here. If the North Fork Animal Welfare League does abandon operation of the town shelter the Town will be forced to operate the shelter, staffing it with municipal employees, which will cost the Town much more than the current Town expenditure for operation of the shelter. It is very likely that the services at the shelter will be drastically reduced. Animals will be put to death. The Town would probably still have to repair the facility at the very least, if not build a new facility. ! truly believe that, that will cause an increase in taxes far greater than fully funding the current North Fork Animal Welfare League's plans. IN conclusion ! would like to say that this is not, ! repeat, not, all about money. Well, before ! finish very briefly ! would like to mention that my understanding of the fact that the North Fork Animal Welfare League has an endowment, the Town certainly has property and funds in access of that amount, but nobody is asking that the Town sell the Depot Lane School, or something else, to fund the shelter. That is the endowment of the town. That is the base. The operating funds, even if the entire endowment of the North Fork Animal Welfare League were spent that would only carry the operating expenses of the shelter for three years or so. The town puts a lot of money every year into operating the shelter. So does the Animal Welfare League. ! think the Town should be grateful that the North Fork Animal Welfare League is contributing to the operating expenses rather than asking them to invest in the capital cost of the shelter. The shelter belongs to the Southold Town, and the capital cost of Southold Town. But, it is not all about money, and it is not about dogs either. It is about people. Okay? And it is not just, oh, this money is not going to a few dogs. It is about the people who are working at the shelter, working for rather low wages, much lower than municipal employees, because they love the dogs. They love their job, and they want to continue to work there. It is about the animal guardians in 11/28/00 25 the town. I prefer not to say animal owners, because my animals don't consider that I own them. I think sometimes they think they own me, but some of the more enlightened communities in our country have started to use the term, animal guardian. It is about the residents, the voters, and the taxpayers in the Town of Southold. ! think we need this Board to take a look at all the options. The only options on the table is not this building a new shelter. The other options that are on the table are the North Fork Animal Welfare League stopping working for the Town. ! believe that would cause a much greater tax impact than the Town improving a capital facility to a point where it is a healthy and safe place to work, and place that we can be proud of. Thank you for your time. SUPERVISOR COCHRAN: Thank you. Wouldn't it be nice. In your endowment there are funds earmarked for a shelter, and wouldn't it be nice if the $250,000 of taxpayers' money could be matched with another $250,000 from the endowment? We would supply the land, and we could have that dog shelter just around the corner. Think about it. Thank you. Is there anyone else who would like to address the Town Board? MILDRED BOYCE: My name is Mildred Boyce. ! am a resident of Southold, a taxpayer, and former President of the North Fork Animal Welfare League. It concerns me a little bit how Mr. Richter bringing up the endowment, although it is certainly public knowledge. You did say, let's not have any finger pointing, but somehow your mentioning that endowment was finger pointing to me in the sense that you were saying, hey, look, that organization has got dough. What are they after us for? ! would just like to bring a little back to all of you a little of the history of the North Fork Animal Welfare League. When ! joined it in 1989 there was not $500,000 endowment. There were about two or three CD's, and maybe we had $50,000, and that was quickly used up. The way that the money, the endowment was built up was through very few large bequeaths through very good people, and ! know remember who they were, and there are a few trusts, and over the years the money has built up a little bit. As the previous woman spoken we have used interest to help run the shelter because the Town doesn't give nearly enough money, and if we were to use up our money over the years we would have nothing. Years ago they had nothing, and ! just wanted to call that to your attention of the Board. Also, Supervisor Cochran, ! feel very leery of $250,000 on your part, and $250,000 on our part, because there has been so much stonewalling, so much perhaps so much lack of concern, that if we were to build on Town property ! think the bottom line is that the Town Board, not individuals, but as a Board, and all previous Board we could not really trust them. SUPERVISOR COCHRAN: That is unfortunate you feel that way. Anyone else like to address the Town Board? NANCY SAWASTYNOWICZ: Good evening. ! am Nancy Sawastynowicz of East Marion. ! was just wondering, what happens with Greenport town? Do they donate any money towards this, because a lot of the animals come from there, and can that be addressed? SUPERVISOR COCHRAN: It is a whole town tax. They pay part of the tax for that service. NANCY SAWASTYNOWICZ: Maybe we should have them come in on the meeting, too, because a lot of the dogs do come from that area, and they may have some way to donate money off that, what is that? COUNCILMAN RICHTER: The carousel? NANCY SAWASTYNOWICZ: Yes, a nickel a ride. You know it is like all this money does add up, because we do get a lot of dogs from Greenport. COUNCILMAN RICHTER: ! understand what you are saying. COUNCILMAN ROMANELLI: A couple of years ago ! had a conversation with the Mayor of Greenport about it. You know it falls in the same line like the police department. The Village is just part of the town. The tax dollars from the Village is going for police protection, goes to same as the rest of the town, so he doesn't feel that it is issue. ! know someone from the Animal Shelter went before the Village Board, maybe a year or so ago, to make a plea to them to realize there is a problem. A good portion of our problems come within the village. ! don't know how far they got with the Village Board, but it wouldn't hurt again for the Welfare League to go before that Board. As we go through all these efforts to try to improve, work with the town to improve it, we have a problem down here in the village. Maybe they can help out in a certain way. Maybe the carousel is something they 11/28/00 26 might do on a special Saturday. You know all proceeds go to the Welfare League, or something like that. It wouldn't hurt to go to the Village Board, and approach them, because you never know. NANCY SAWASTYNOWICZ: ! still think we should still ticket those people beating to the boat even if New York State gets a lot of the money. There is so many of them. ! know we could get thousands of dollars. Thank you. SUPERVISOR COCHRAN: ! would like to put up a tollgate, $10.00 a car. We could reduce taxes. ! checked. It is a State road. Anyone else like to address the Town Board? (No response.) If not, ! will call for Board reports starting on my left with Councilman Richter. Anything to report? COUNCILMAN RICHTER: Yes, I do. Town Hall renovation and expansion, we have .The last few months we have been talking about the renovation and expansion of Town Hall. We are definitely cramped for space. The building is disrepair. We need to do some work here. We had a report today from Rick Bartlett, and he gave us some ideas and directions, and some quotes as to costs, and it is not up to us to talk amongst ourselves and find a direction, see which way we want to go, so the first step has been completed, and ! am longing forward to some progress. SUPERVISOR COCHRAN: Thank you, Craig. Councilman Romanelli? Judge? Councilman Moore? Mr. Murphy? ( No reports.) ! just have a couple of things ! would like to share with you, one of which is we had the Salvation Army come in to the Town Board several weeks ago, and they shared with us some of their programs, and ! asked them to go on the TV show, which they did, and as a result the Town departments, and the Police department are adopting fourteen children. It is their Angel Program, so rather have a Christmas party this year we adopting fourteen children, and it gives the name, and what they want for Christmas. This one happens to eleven years old. She would like a bicycle, and it gives the sizes of her clothes (tape change) One thing ! would like to share with, perhaps you saw in the newspaper, but several weeks ago we had the fourth graders from Mattituck-Cutchogue School, and they came in during a Town Board Work Session and the Town Board was a part of answering their questions, and taking them on a tour, but ! would like to just read a couple of thank you's. Thank you, thank you so much for helping us. Wow, so much fun. Nice people. Having lots of fun there. All very nice. From Emma. This one is, Dear Supervisor Cochran, ! want to thank you for letting us visit the Town Hall. ! thought the most interesting things was the tour and land trust. ! thought the land trust was interesting because all the land was preserved behind my house, too. This is the best field trip ever, and that is signed by Kelly. This one is from Lisa, and it says, Dear Supervisor Cochran and everyone at Town Hall. Thank you Town Hall for helping me learn about the land, farming, and the jobs you do for the town. ! learned about the laws, community. ! also like it when we went on the tour. One department took pictures of houses, and gave my class information about that house. ! like the way we asked questions. Everybody got a chance to answer the questions. We also saw lots of books about the laws, and how they would agree to treat that person that broke the laws, and their right to do that. We have a whole batch, and they are really just adorable, and we try to bring in children as much as we can, be it Boy Scouts, Girl Scouts, school groups. Next week ! have to go to one of the schools, and read to them a book in their reading program, so this Town Board does many, many things, and we do care, and we would like very much to the solve the problem, and forget about one side or the other. Let's all try to work together in a positive fashion to reach our goals, and let's do for the dogs. Okay? Thank you. May ! have a motion to adjourn? Moved by Councilman Murphy, seconded by Councilman Romanelli, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 6:09 P.M. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk