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HomeMy WebLinkAboutTB-10/24/2000SOUTHOLD TOWN BOARD OCTOBER 24, 2000 WORK SESSION: Present: Supervisor Jean W. Cochran, Justice Louisa P. Evans, Councilman William D. Moore, Councilman Brian G. Murphy, Councilman John M. Romanelli, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski. Absent: Councilman Richter. On motion by Councilman John M. Romanelli, seconded by Justice Louisa P. Evans, it was RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 9:18 a.m., for the purpose of discussing contracts. Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was declared duly ADOPTED. On motion by Justice Louisa P. Evans, seconded by Councilman John M. Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby exits Executive Session at 9:55 a.m. Vote of the Town Board: Ayes: Councilman Romanelli, Councilman Murphy, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was declared duly ADOPTED. 9:56 a.m. James Bunchuck, Solid Waste Coordinator reported that his first STOP Day of the new program was very successful. More people showed up than was anticipated. He advised the Town Board that November 9, 2000 is "American Recycles Day". There will be a resolution placed on the agenda on that day. With regard to the Fall Clean-Up, he advised that the one load per contractor rule will be in effect to accommodate just landscapers, not land clearers. However, if it is an elderly person they will try to accommodate them. (10:04 a.m. Councilman William Moore left at this time.) 10:00 a.m. Appointment with Anna Cosimano, NFAWL re: shelter budget. Anna Cosimano, Joseph Irwin, Accountant, and Gillian Wood, Shelter Director appeared before the Town Board. Present were Supervisor Jean Cochran, Councilmen John Romanelli and Brian Murphy, and Justice Louisa Evans. Mrs. Cosimano asked when the Town was going to start looking at the possibility of a new shelter. Councilman Romanelli replied that are doing that now and explained he asked for and $250,000.00 was put into the capital budget. He further explained that the capital budget is a sort of wish list, it is not an actual budget line item of money. The money is not sitting around, the Town will probably have to go to a bond issuance for it. A verbal altercation followed between the NFAWL representatives and the Town Board. Ms. Cosimano stated that $250,000.00 is not acceptable when $468,000.00 is the cost for a new shelter. She said that they took less money in the last contract because they were promised a new shelter. Supervisor Cochran refuted that statement and said that they are not getting less than they previously received, just less than what they asked for. Supervisor Cochran suggested that perhaps the project could be broken down into several sections. Ms. Cosimano stated that if they don't have a contract for a new shelter by spring, the Town can take it back and run it themselves. Councilman Romanelli asked if it couldn't be done in $125,000.00 increments, some this year and more the following year. Ms. Cosimano said no, not since they were led to believe that they would have a new shelter. Supervisor Cochran said that she thinks that they all know the condition of the shelter and it is not what she would like, but a lot of things in this town have been neglected for many years and you just can't play catch up all in one year. Joseph Irwin stated that he thinks that it will be a much more expensive project if it is done piece meal. He asked if this amount could be set aside in each years capital budget. Supervisor Cochran explained that she can't promise what future Town Boards might do with an item that large to be set aside each year. An unidentified woman with the NFAWL asked Councilman Romanelli if he had a preference as to operating the shelter publicly by the Town versus privately by the NFAWL? He stated that he didn't have a preference. He stated that the bottom line boils down to "if you can't afford to build something new, then you repair the old one". Supervisor Cochran advised the NFAWL that the Town Board will discuss it during their budget work session. Ms. Cosimano stated that the NFAWL has been lied to by the Town and it will be sad that after 38 years they will have to pullout because of this fight with the Town. The Town Board again refuted her accusations. Ms. Cosimano and her committee left at 10:25 a.m.. 10:30 a.m. A conference call was set-up with Kathleen Ridley of the New York State Preservation League. Councilman Romanelli was concerned a out private property rights and asked if people will lose them under CLG designations? He asked what kind of restrictions are put on them and asked if the Town could make up their own. Ms. Ridley fplied yes, that the Town could make their own restrictions. She further explained that a Town can become a CLG without making any initial designations. Once the law is in place, further on down the line specific designations of historic districts can be made. She also explained that you don't have to become a CLG, you could simply pass a preservation law. Councilman Romanelli asked if the CLG has to be town-wide? Ms. Ridley said that it can be town-wide, but that doesn't mean that it has to apply to everything. She said that you could pass a town-wide law and then designate Orient and never do anything else in the Town. Supervisor Cochran asked if you did designate whether you would do it in the law, or by Town Board resolution? Ms. Ridley said that she believes that the better way is not to designate immediately, but several months down the road. Then you must create records on everything including why the property was worthy of designation. Designating a single property would be a landmark, two or more properties would be creating a historic district. She noted that only the outside of the property is affected, not the inside. Town Attorney Yakaboski asked if you could put the law on the books and designate one property at each end of the Town. Ms. Ridley answered yes. Ms. Ridley explained that you would have a town- wide commission to which it would be preferable to appoint architects and historians. This committee would meet once a month. If you chose to do just a historic preservation law, then you can do what ever you want. But, the advantage of becoming a CLG is that it entitles you to apply for grants in amounts varying from $5,000.00 to $15,000.00. Town Attorney Yakaboski asked Ms. Ridley given her experience, what in her opinion are some of the problems encountered? Ms. Ridley replied that the worst one is misunderstanding between property owners. She was asked how many communities in the state are CLG's and answered that there are several dozen statewide. Supervisor Cochran asked if there is training available for commission members? Ms. Ridley said yes and she would recommend appointing someone from each historical district. 10:57 a.m. (10:15 a.m. appointment) James McMahon, Executive Administrator appeared before the Town Board to advise them that the Town's ten (10 year drainage easement on Hobart Road is due to expire next year. This easement prevents the road off from entering in the creek. The property is owned by Lewis Edison and he says he has someone interested in purchasing the property for $10,000.00. Mr. McMahon asked the Board if they wouldn't like to make an offer to Mr. Edison for this property. Mr. McMahon is going to check with Comptroller John Cushman to see if the money could come out of the Waterways Improvement Bond. The Town Board gave him permission to do whatever needs to be done to make it happen hopefully using money from the $250,000.00 Waterways Improvement Bond. 11:11 a.m. The Town Board reviewed IV. For Discussion Items as follows: IV. 1. Request for parking/stopping/standing prohibitions in Greenport received from Councilman Moore will be held until he is present. IV. 2. Responsibility of Telephone System. The Town Board agreed that it should be handled by the Data Processing Department since it is a computerized system they would be best equipped to handle it. IV. 3. NYS Retirement Reporting for Tax Receiver. The Board did not wish to consider any change at this time. IV. 4. Review of Fee Schedules in Southold Town. This will be reviewed later in the meeting, time permitting. IV. 5. Hobart Road drainage. Already taken care With Mr. McMahon. IV. 6. Local Law in relation to increase in Park & Playground Fees. This would be part of number 4. IV.7. Approval of price for booklet "The Trees of Southold". The Town Board set the prices as recommended by the Tree Committee: $5.50 wholesale; $7.95 + tax retail. Mr. Bob Kassner will take care of marketing them to Preston's and the local historical societies. The Town Board declared that there shall be no complimentary copies given to anyone. 11:30 a.m. Appointment with Merlon Wiggins re: Plum Island Lighthouse Restoration. Mr. Wiggins stated that there are 17 lighthouses in Nassau & Suffolk counties. Suffolk County has 14 of them and Southold Town has 7 of them which is more than anywhere else in the County. The only lighthouse that is in danger is the Plum Island Lighthouse. All of the rest are in operating condition. The bluff is 50 ft. away from the lighthouse and it is in eminent danger of falling into the sea in the very near future. The Coast Guard has agreed to re-activate it as an aid to: navigation. Mr. Wiggins presented maps of the area. Mr. Wiggins stated that the USDA appears to be blocking efforts to save the lighthouse. A new federal law makes it possible for the government to transfer possession to a nonprofit corporation, but it will take more than a year to go into effect. He asked if the Town could take possession of it in the interim, then lease it back to a non-profit lighthouse committee which he will form. There will be granite rock available from the Sag Harbor breakwater which is being dismantled soon. The Army Corp of Engineers is willing to ship half of the rocks to Plum Island provided someone takes responsibility for unloading and stockpiling them. Mr. Wiggins stated that he has been working with Senator Schemer's office to obtain the rock and he is hopeful that he will help with looking into the possibility of the town obtaining ownership of the island and lighthouse. Supervisor Cochran and the Town Board expressed their support of this project and promised to contact Senator Schemer's office to coordinate their efforts. Mr. Wiggins will bring in a draft letter that he would like the Town to send. 12:15 p.m. -The Town Board received their lunch and continued to review town business. The proposal to add 20 fixed piers and 21 mooring piles at Gull Pond was discussed. The residents are very much opposed to such a proposal. Supervisor Cochran had a meeting with the resident Sal Prate and said that she now questions whether or not this is project is right for the area. She asked the Town Board to take a second look to find a better way to increase docking facilities in the area. The Town Trustees will be holding a public hearing on November 21, 2000 to receive public input. On motion by Justice Louisa Evans, seconded by Councilman John Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 12:30 p.m. for the purpose of discussing contracts, property acquisition, sale of property, litigation, and personnel. Vote of the Town Board: Ayes: Councilman Romanelli, Murphy, Councilman Moore, Justice Evans, Supervisor Cochran, This resolution was declared duly ADOPTED. Resolution numbers 19 through 32 were added as a result of this executive session. This work session and executive session ended at 2:41 p.m. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on October 24, 2000, at the Southold Town Hall, Southold, New York. Supervisor Cochran opened the meeting at 4:30 p.m. with the Fledge 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 A. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: May I have a motion to approve the audit of bills for October 24, 2000. Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $334,540.44; General Fund Part Town bills in the amount of $2,162.57; Community Development Fund bills in the amount of $15,000.00; Highway Fund Whole Town bills in the amount of $108,544.94; Highways Fund Part Town bills in the amount of $274,003.43; Capital Projects Account bills in the amount of $189.00; Landfill Cap & Closure bills in the amount of $6,700.00; Open Space Capital Fund bills in the amount of $11,955.54; Waterway Improvement Program bills in the amount of $1,885.00; Computer System Upgrade bills in the amount of $255.00; Fishers Island Ferry District bills in the amount of $32,812.81; Refuse & Garbage District bills in the amount of $57,972.68; Southold Wastewater District bills in the amount of $792.10; Fishers Island Sewer District bills in the amount of $570.50; Southold Agency & Trust bills in the amount of $3,149.22; Fishers Island Ferry District Agency and Trust bills in the amount of $374.39; General Fund Whole Town bills in the amount of $3,764.75; Chips Highway Part Town bills in the amount of $85,354.17; Community Preservation Fund (2% tax) bills in the amount of $1,500.00;Fishers Island Ferry District bills in the amount of $97,523.29. 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: A motion to approve the minutes of October 10, 2000. Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the minutes of the October 10, 2000, Town Board meeting be and hereby are approved. 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: A motion to set the date of a Special Meeting to adopt the Preliminary Budget. Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that a Special Meeting of the Southold Town Board will be held at 9:00 A.M., Monday, October 30, 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. SUPERVISOR COCHRAN: To set the next regular Town Board Meeting for Thursday, November 9, 2000 at 7:30 P.M. Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the next Regular Meeting of the Southold Town Board will be held at 7:30 p. m., Thursday, November 9,2000 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. SUPERVISOR COCHRAN: The reason for our Thursday morning on November 9th is that fact that Tuesday is Election Day, and that would have been a scheduled Board meeting. ! would like to just take a moment. ! know the Town Board has had a long day, but ! think this is worthwhile. Every once in awhile we have tours come in to Town Hall, which are some of the younger grades, school grades, or Boy Scout, or Girls Scouts working on their government badge. This is the second grade that came from Southold Elementary School, and they invited myself, and Ruthanne Woodhull over the other day, and wanted to present us with this poster that they made, and every member of the class did a little card about what they like about Southold. You know these are second graders, but they are so close to what the adults see Southold as. It is really very, very interesting. Like this one here. ! like the farms in Southold Town. Then you have, ! love the Christmas trees. This one says the ponds are beautiful. These are second graders. ! like the beaches. It goes on, and on, and on, and they talk about things that they see as home. ! like the fresh vegetables in Southold Town, so it is interesting that although they are little people this is how they see Southold. They had a tour, and it was out pleasure whenever any of the grades come in. One kid put down here, ! love IGA. ! told them when ! went over to the school to get this thank you that we would show their pictures on television, so ! am sure they will excited when they do see it on the TV. I. REPORTS. SUPERVISOR COCHRAN: As you know the Town Board receives Reports from the different departments and committee each month. They are on file with the Town Clerk. If there is anything that you are interested in it is public information. Please, feel free to come in and make a request. 2. 3. 4. 5. 6. 7. Southold Town Justice Price's Monthly Court Report for September 2000. Southold Town Justice Bruer's Monthly Court Report for September 2000 Southold Town Justice Evans' Monthly Court Report for September 2000. APA Partners Claims Experience, PBA Report for September 2000 Southold Town Board of Trustees Report for September 2000. Southold Town Program for the Disabled Events for September 2000. Leave Time Summary Report for September 2000. II PUBLIC NOTICES. SUPERVISOR COCHRAN: We have three public notices, one from the New York State DEC in relation to an application for U.S. Retirement Co unity, and the second one is State of New York DOT, Notice of Order to repeal a yield on Locust Avenue at Route 25 in Cutchogue, and then the third one is also from the New York State Department of Transportation, a notice to establish a stop sign on Locust on Route 25, they will be going from a yield to a stop. New York State DEC, Notice of Complete Application of US Retirement Communities to construct 118 single-family cottages, 132 apartment units, 24 unit assisted living center and a 32-bed skilled care center in the Town of Southold. Written comments by November 13, 2000. State of New York, Department of Transportation, Notice of Order to repeal the "Yield" control on Locust Avenue at Route 25 in Cutchogue. State of New York, Department of Transportation, Notice of Order to establish a "Stop" control on Locust Avenue at Route 25 in Cutchogue. III COMMUNICATIONS SUPERVISOR COCHRAN: Communications, we have a thank you for supporting the Tobacco restriction legislation from the Suffolk County District PTA, also, a letter from Kevin McAllister the Peconic Barkeeper thanking the Town Board for their support in his fund raising, also a letter from Patricia McCabe. As you mayor may not know it Jas in the papers the Young family had a reunion and they wanted to thank the Town Board for their support and their proclamation. Gerald Brinkman, Suffolk District PTA, thanking the Supervisor Cochran for supporting tobacco restriction legislation. Kevin McAllister, Peconic Barkeeper, with appreciation of support of benefit. Patricia McCabe, Young Family Reunion Coordinator, with thanks for support and proclamation. IV PUBLIC HEARINGS l. 5:00 P M., on a proposed Parents" (cancelled) 2. 5:02 P.M., on the matter of the possible one change of property on Route 48, SCTM #1000- 074-00-04-009. 3. 5:05 P.M., on the matter of the possible one change of property on Route 48, SCTM #1000- 074-04-010. 4. 5:07 P .M., on the matter of the acquisition of development rights on certain parcels of Hubbard, SCTM #1000-55-5-11.1, 1000-55-5-11.2, 000-55-5-11.3, 1000-55-5-11.4. 5. 5:09 P.M., on the matter of the acquisition of development rights on certain parcel of Hubbard, SCTM #1000-059-04-009, 1000-063-01-01.006. 6. 5:11 P.M., on the matter of the acquisition of development rights on a certain parcel of Hubbard, SCTM #1000-059-10-0020. 7. 5:13 P.M., on the matter of the acquisition of development rights on a certain parcel of Hubbard, SCTM # 1000-074-02-015. 8. 5:15 P .M., on the matter of the acquisition of a certain parcel of Fred, SCTM #1000-56- 04-004. V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy, that if there is anything you would like to address the Town Board in relation to the resolutions that we will be acting on, we will have that at this time. There is time at the end of the regular Board meeting to allow for anyone to speak on any Town business. Right now we are going into resolutions. Is there anyone that would like to address the Town Board in relation to the printed resolutions on the agenda? Anyone like to address the Town Board? (No response.) If not, number 1. #1 Moved by Councilman Murphy, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of the subdivision bond for Cove Beach Estates in the amount of $445,160.00, with an inspection fee in the amount of $26,709.60, all in accordance with the recommendation of the Southold Town Planning Board and the Town Engineer. 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 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: B.8020.2.100.300 B.8020.4.100.100 B. 8020.4.600.100 B.8020.4.600.200 B.8020.4.600.800 B.8020.4.400.600 Equipment, Furniture & Furnishings, Chairs Contract. Exp., Supplies & Materials, Office Supplies Contract. Exp., Misc., Legal Notices Contract. Exp., Misc., Meeting & Seminars Contract. Exp., Misc., Research Materials Contracted Services, Equip. Maintenance/Repairs $111.00 $ 245.00 $ 341.00 $ 226.00 $ 20.00 $100.00 To~ B.8020.4.600.300 Contract. Exp., Misc., Travel Reimbursement $1,043.00 Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #3 RESOLVED that the Town Board of the Town of Southold hereby grams permission to the Cutchogue Fire Department to use Depot Lane and New Suffolk Lane for their annual Halloween parade to commence at 6:00 p.m., Tuesday, October 31, 2000 at the Cutchogue West Elementary School, Depot Lane, Cutchogue, provided they file with the Town Clerk a One Million Dollar certificate of Liability Insurance naming the Town of Southold as an additional insured. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #4 Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town o Southold hereby RESC1NDS resolution number 16 of the October 10, 2000 Regular Town Board to change the date of the public hearing on the matter of the amendment of the amount of the bond for the pay loader for the Southold Town Solid Waste Management District. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #5 Moved by Councilman Romanelli, seconded by Justice Evans, it was A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 24th day of October, 2000. PRESENT: Hon. Jean W. Cochran, Supervisor William D Moore, Councilperson Louisa P. Evans, Justice Craig A. Richter, Councilperson Brian G. Murphy, Councilperson John M. Romanelli, Councilperson In the Matter of the Of the Increase and Improvements of Facilities of the Southold Solid Waste Management District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law. ORDER CALLING PUBLIC HEAR1NG TO BE HELD ON NOVEMBER 14, 2000 WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (herein called "District"), has heretofore determined to increase and improve he facilities of the District, by the purchase of a new pay loader at the estimated maximum cost of $ 60,000, including preliminary costs and costs incidental thereto and the financing thereof and, with respect to such cost, it was estimate that the amount of $67,500 would be provided from the trade-in allowance of (i) a 1995 John Deere 744E; (ii) a 1987 816B Caterpillar Compactor; and (iii) an auxiliary 3 cubic yard bucket for a Caterpillar IT 12B (herein collectively called the "Trade-ins"; and WHEREAS after a public hearing duly called and held on February 29, 2000, the Town Board of the Town determined pursuant to the Resolution and Order After Public Hearing duly adopted on February 29, 2000, that it is in the public interest to so increase and improve the facilities of the District, and ordered that such facilities be increased and improved at the estimated maximum cost of $260,000; and WHEREAS, upon the receipt of sealed bids for said new pay loader, it was determined that the bid of the lowest responsible bidder is $262,000 d the amount of the trade-in value for the Trade-Ins is $71,000 and it was further determined that the costs of issuance and certain extra items necessary for maximum efficiency of said new pay loader necessitate the additional appropriation of funds in the amount of $6,000, thereby increasing the estimate maximum cost thereof to $266,000, and it is now necessary and desirable and in the public interested the best interest of the Town to increase the total appropriation therefore by said amount of $6,000, and such estimated maximum cost from $260,000 to $266,000; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, the Town, on the 14th day of November, 2000, at 8:05 o'clock P.M. (Prevailing Time) to consider said increased cost of the increase and improvement of facilities and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in the "THE SUFFOLK TIMES," a newspaper published in the Town of Southold and hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. DATED October 24,2000 TOWN BOARD OF THE TOWN OF SOUTHOLD '['OWN BOARD OF THE TOWN OF SO[JTHOLD Supervisor Lomsa P Evans Jtlstice Com~ci!pers0a Members of tl~e Town Board of the Town of Sourho[d, New York (SEAL) Members of the Town Board of the Town of 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. #6 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town o Southold hereby grants permission to the Southold P.T.A. to use Oaklawn Avenue, Southold, for the' Annual Halloween Parade on Tuesday, October 31, 2000, commencing at the Southold Fire Department at 4:15 P .M., provided they file with the Town Clerk a One Million Dollar Certificate of insurance naming the Town of Southold as an additional insured. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Co bran. This resolution was duly ADOPTED. #7 Moved by Councilman Romanelli, seconded by Councilman Richter, it was WHEREAS the contract between the State DEC and the Town of Southold for State Assistance Payments for costs related to the capping and closure of the Cutchogue Landfill require an approved Project Management Plan; now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby adopts "The Town of Southold Solid Waste Management District, Southold Town Landfill Closure Project Management Plan" as developed by Solid Waste Coordinator James Bunchuck, as the official "Project Management Plan" for the closure project, and approves the use of such Plan as needed for closure grant reimbursement requests or other official purposes related to the 1 andfill closure project. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #8 Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts Subdivision Bond No. 0294693, in the amount of $339,100.00, from the International Fidelity Insurance Company, for the completion of roads and improvements in the major subdivision of Wildberry Fields, Soundview Avenue, Southold, New York, which bond amount was approved by the Town Board on December 7, 1999, all in accordance with the recommendations of the Southold Town Planning Board and Engineering Inspector James Richter, and the approval of 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. #9 Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Subdivision Bond No.0294690, in the amount of $404,861.00, from the International Fidelity Insurance Company, for the completion of roads and other improvements in the major subdivision of Rock cove Estates, located off Sound Drive, Greenport, New York, which bond amount was approved by the Town Board on April 28, 1997, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James Richter, and the approval of 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. #10 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Capital Budget for the Sea view Trails Capital Project: Budget Increase: Revenues: Appropriated Fund Balance $ 3,100.00 H6.5990.00 Appropriations: H6.7989.4.100.100 Other recreation-Trail Development Contractual Expenses Supplies & Materials $ 3,100.00 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 Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste District 2000 budget as follows: Amount $10,000.00 $ 3,800.00 $ 2,000.00 $ 500.00 To Hazardous Waste Removal (SR 8160.4.400.840) Appraisals (SR 8160.4.400.400) Tires (SR 8160.4.100.525) Miscellaneous Sanitation Equip. (SR 8160.2.500.600) Fl'om C&D Removal (SR 8160.4.400.810) C&D Removal (SR 8160.4.400.810) Payloader #3 (SR 8160.4.100.570) Garage and Shop Equipment (SR 8160.2.500.200) 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: We are holding #12, setting public hearing for Preliminary Budget of the Town of Southold 2001. #13 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town o Southold hereby grants permission to Building Inspector John Boufis to attend the NYS Department of State Transitional Training for New Code to be held at Suffolk Fire Academy, Yaphank, New York on October 31, November 1 and 2, 2000 and November 28, 29, and 30, 2000. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #14 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Linda Scarpinella to attend the 2000 New York State Health Insurance Program Regional Meetings for Participating Agencies on Thursday, November 9, 2000 from 10:00 a.m. to 3:00 p.m., at the Sheraton Long Island Hotel at Smithtown, New York, and al necessary expenses shall be a charge to the Accounting Department 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. #15 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Peggy lee Dzenkowski to the position of Detention Attendant at the Southold Town Police Department, to serve on an as need basis, at the rate of $10.63 per hour, effective October 25, 2000. 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 Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a third amendment of agreement between the County of Suffolk and the Town of Southold, of the mc Nutrition -IFMS No. CS EXE OXOOOO03343 for the extension period January 1, 2000 through December 31, 2000 to increase the total cost of agreement by $15,438.00 for personnel and/or equipment to provide eligibility determination for home-bound clients; said agreement all in accordance with the approval of 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. #17 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town o Southold hereby sets the price for the sale of the Town publication "The Trees of the Town of Southold" at the price of $5.50 wholesale and $7.95 retail, effective November 1, 2000. 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 Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the partial refund of $125.00 to Nonnan Wamback, which sum represents a filing fee to the Zoning Board of Appeals, which application for a variance was withdrawn by the applicant. 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 Romanelli, seconded by Councilman Murphy, WHEREAS the Town of Southold is required to perform certain capping and closure of its landfill, as per NYS Department of Environmental Conservation (DEC) consent order, now be it RESOLVED that Harvey Besunder, Esq. is retained for the purpose of doing all legal work in relation to the acquisition of properties required for landfill capping and closure and other related landfill purposes. 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 Councilman Richter, seconded by Councilman Romanelli, WHEREAS the Town of Southold is required to perform certain capping and closure of its landfill, as per NYS Department of Environmental Conservation (DEC) consent order, now be it RESOLVED that Nelson, Pope & Voorhees, LLC is retained for the purpose of doing all environmental review work in relation to the acquisition of properties required for landfill capping and closure and other related landfill purposes, 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 Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute any and all documents necessary for the agreement between the State of New York Executive Department-Division of State Police New York Statewide Police Information Network and the Southold Town Police Department to implement a computer-to computer interface for use by criminal justice agencies, all in accordance with the approval of 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. #22 Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS, the Town of Southold and Joyce P. Terry as successor in interest had entered into a scenic and conservation easement for real property identified at SCTM# 1000-20-1-3.2 and part of 1000-20-1-3.3, in May, 1974; and WHEREAS, the owner of the real property identified above desires to dispose of the property and has given the Town the first option of acquisition per paragraph five of said easement; and WHEREAS, the Town of $outhold has since acquired the property through a purchase of development rights and therefore maintenance of the scenic and conservation easement would be redundant; and WHEREAS, the owner of said property has terminated the scenic and conservation easement effective October 2, 2000, therefore be it RESOLVED that the Town Board of the Town of $outhold hereby rejects any option to acquire the subject real property and; be it further RESOLVED that the Town Board of the Town of Southold, given that the property is protected from development, will not enforce any of the covenants and restrictions contained in said easement instrument for the remainder of its term through June 1,2001. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. Troop 39, Mattituck working on a Communication Badge introduced themselves. SUPERVISOR COCHRAN: We have to hold the rest until after the public hearing. We have a couple of minutes before we go into the hearings. We cannot start them until the time comes that allows us to. See ifI have anything here in my file. We have been waiting for some time for the report from the forensic engineer in relation to the house on the corner. It is not as extensive as I had hoped it would be, but it has been sent to all Town Board members and it has been sent to the Historical Society, and it has been sent to the Landmark Preservation Committee, so I am sure we will be discussing the future of the house at some immediate point. You notice back here on the back of the property we have a small barn type building, which is a carriage house, and it has got quite a history I understand, and rather than take it down, it is older than the house, and the Historical Society down here in $outhold has accepted it, so it will moved shortly, and they will restore it. The Governor just announced that they have $2,000,000.00 available through New York State for the Restoration and Preservation Program to restore and preserve historic barns, and other agriculture structures. When we first got it and reviewed it, it was kind of tight, and we felt that the way it reads it had to be an active working piece of property whether it be a farm, or have a business. It would have to be functioning. We find out now that we do qualify so we will be sending a draft. Hopefully we will be it, so we can move the old barn down the road. I want to share with you on October 28th there is going to be work session at the Down's Farm Preserve, known to many of us as Fort Corchaug. There will be a welcome in preparation for work, and work teams established, and they will be working on the site, and lunch and hike. Bill is our one Board member that ends up there all the time helping out, and I stopped in. He is chopping down trees, and my golly, just like Paul Bunyon. Mr. Moore is an Eagle Scout also. I want you to know that. Are you also? COUNCILMAN ROMANELLI: Yes, I am. SUPERVISOR COCHRAN: I didn't know that. Congratulations. That is wonderful. COUNCILMAN MURPHY: How did you ever have the discipline to become an Eagle Scout? COUNCILMAN ROMANELLI: The same discipline that got me sitting up here on this Board. SUPERVISOR COCHRAN: So, that is good. We still have a few minutes. Does anyone on the Board have anything they would like to share. We have about seven minutes, before we can go into the hearing. COUNCILMAN MURPHY: One of the things on Land Preservation I have, and it was a figure that was given to me today, and I only realized it. If I remember correctly right now we have seventeen active applications for development rights purchases. We have money for it. Quite a bit of pieces have been coming in plus there is a lot of people who are showing interest in it, and have not submitted formal applications yet at this point, but it is really moving along in our committee with Dick Ryan, and our Land Preservation Coordinator, Melissa, have done quite an excellent job on outreach and things. It is really starting to move along quite nicely. So, we are working on trying to get some reimbursement from the County right now. SUPERVISOR COCHRAN: The Board wanted the committee to be proactive, and I would say they are being successful in going out and encouraging people, and more and more people are beginning to understand the program and trust it. You know, I think in the beginning there was not always that trust, not only with the Town, but the County in relation to farm preservation, but people are very comfortable with the program now. I think that helps a great deal. Craig, do you have anything to report down there? COUNCILMAN RICHTER: Hopefully at our next meeting we will have a proposal on the work that needs to be done and the direction of the Town Hall renovation and expansion. That is something that is quite exciting, and that should be ready for us by the next regularly scheduled meeting. SUPERVISOR COCHRAN: Good. I am glad. John, Mr. Romanelli? COUNCILMAN ROMANELLI: No, except to say, I am happy with the computer project. It is just about to the point where I am not involved as often. It has come along a long way. We are still waiting for Bell-Atlantic to finish up our phone lines, so we can be more coactive and work on our website, but Bell-Atlantic, they keep telling us, any day. That is what they keep telling us. We have our fingers crossed. SUPERVISOR COCHRAN: Louisa, anything happening on Fishers Island that we should know about, or you would like to share with us? JUSTICE EVANS: There are always things happening. I just had a meeting with the Cub Scouts and Boy Scouts on Fishers Island with the State Trooper to go over Halloween safety. I hope that everyone out there has a fun Halloween, but have a safe Halloween. You should go over the rules that the Southold Town Police hand out, bookmarks, and things like that, that lists safety tips, and people should review those before they go out trick or treating. COUNCILMAN MOORE: The whole Board has been involved in Budget meetings throughout the month, and we will be doing some more on that. It is taking a lot of time. As for the Special Meetings between the Regular Board meetings where we sat and did quite a bit of work. Last week Jean and ! drove up to Albany. We had a very good meeting with the DEC. We are working on litigation involving the town. That was a special meeting. That was a very productive meeting. Hopefully things will come out of that we can talk about later, but that was good trip up to Albany. Hopefully ! will have more to tell you in a couple of weeks. SUPERVISOR COCHRAN: Mr. Foster, do you want to wait until the end of the meeting, the other time we give? Okay. May ! have a motion to adjourn for the hearing? Moved by Councilman Murphy, seconded by Justice Evans, it was RESOLVED that this Town Board meeting be and hereby is recessed at 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 SUPERVISOR COCHRAN: We will go back to the resolutions. g23 Moved by Councilman Romanelli, seconded by Councilman Moore, WHEREAS the Town Board of the Town of Southold wishes to accept the gift of the development rights easement from Thomas Hubbard and Anne Hubbard, pursuant to the provisions of Chapter 6 of the Southold Town Code, said properties identified by SCTM gl 000- 055-05-011.001, SCTMg 1000-055-05-011.002, SCTMg 1000-055-5-011.003 and SCTMg 1000-055-05-011.004, consisting of a total area of approximately 3.64 acres; therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant t the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town or Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. g24 Moved by Councilman Murphy, seconded by Councilman Romanelli, WHEREAS, Thomas Hubbard and Anne Hubbard have offered to gift a Development Rights Easement to the Town of Southold pursuant to Chapter 6 of the Town Code for land preservation; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the gift of the Development Rights Easement on the 10th day of October, 2000 pursuant to the provisions of Chapter 6, Community Preservation Fund of the town Code of the Town of Southold, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold accept the gift of the Development Rights Easement now therefore, be it RESOLVED that the Town Board of the Town ofl Southold elects to accept the gift of the Development Rights Easement on the Thomas Hubbard and Anne Hubbard properties, located on the northwest comer of C.R. 48 and Young's Avenue, Southold, New York, SCTM g 1000- 055-05-011.001, SCTM g 1000-055-05-011.002, SCTM g1000-055-05-011.003 and SCTM g 1000-055-05-011.004, consisting of a total area of approximately 3.64 acres, at a total price of the costs associated with transfer of the title of land to be gifted. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. g25 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS the Town Board of the Town of Southold wishes to accept the gift of the development rights easement from Thomas Hubbard and Anne Hubbard, pursuant to the provisions of Chapter 6 of the Southold Town Code, said properties identified by SCTM gl 000- 059-04-008, SCTM g 1000-059-04-009 and SCTM g 1000-063-01-001.006, consisting of a total area of approximately 5.73 acres; therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. g26 Moved by Councilman Richter, seconded by Justice Evans, WHEREAS, Thomas Hubbard and Anne Hubbard have offered to gift a Development Rights Easement to the Town of Southold pursuant to Chapter 6 of the Town Code for land preservation; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the gift of the Development Rights Easement on the 10th day of October, 2000 pursuant to the provisions of Chapter 6, Community Preservation Fund of the town Code of the Town of Southold, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold accept the gift of the Development Rights Easement now therefore be it RESOLVED that the Town Board of the Town of Southold elects to accept the gift of the Development Rights Easement on the Thomas Hubbard and Anne Hubbard properties, located on the Southwest comer of C.R. 48 and Horton Lane, Southold, New York, SCTM # 1000-059- 04-008, SCTM # 1000-059-04-009 and SCTM # 1000-063-01-001.006, consisting of a total area of approximately 5.73 acres, at a total price of the costs associated with transfer of the title of land to be gifted. Vote of the Town Board: Ayes: Councilman Richer, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. #27 Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS the Town Board of the Town of Southold wishes to accept the gift of the development rights easement from Anne Hubbard 1' d, pursuant to the provisions of Chapter 6 of the Southold Town Code, said property identified by SCTM # 1000-059-1 0-002, consisting of an area of approximately 8.0 acres; therefore, be it RESOLVED by the Town Board of the Town Of 1 °UthOld that this action be classified as an Unlisted Action pursuant t the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of $Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. ! #28 Moved by Councilman Murphy, seconded by Justice Evans, WHEREAS, Anne Hubbard has offered to gift a Development Rights Easement to the Town of Southold pursuant to Chapter 6 of the Town Code or land preservation; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the gift of the Development Rights Easement on the 10th day of October, 2000 pursuant to the provisions of Chapter 6, Community Preservation Fund of the town Code of the Town of Southold, at which time all interested persons were given an opportunity to e heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold accept the gift of the Development Rights Easement now therefor-, be it RESOLVED that the Town Board of the Town of Southold elects to accept the gift of the Development Rights Easement on the Anne Hubbard property, located on the south side of C.R. 48, Southold, New York, SCTM # 1000-059-10-002, consisting of an area of approximately 8.0 acres, at a total price of the costs associated with transfer of the title of land to be gifts. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. I' #29 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS the Town Board of the Town of Southold wishes to accept the gift of the development rights easement from Anne Hubbard¥, pursuant to the provisions of Chapter 6 of the Southold Town Code, said property identified by SCTM# 1000-074-02-015, consisting of an area of approximately 6.88 acres; therefore, be it i RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant t the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative -declaration pursuant to SEQRA Rules and Regulations for this action, i Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. 10/24/00 13 This resolution was duly ADOPTED. #30 ~ Moved by Justice Evans, seconded by Councilman Richter, WHEREAS, Anne Hubbard has offered to gift a Development Rights Easement to the Town of Southold pursuant to Chapter 6 of the Town Code for land preservation; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the gift of the Development Rights Easement on the 10th day of October, 2000 pursuant to the provisions of Chapter 6, Community Preservation Fund of the town Code of the Town of Southold, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town Board deems it in the pubic interest that the Town of Southold accept the gift of the Development Rights Easement now therefore, be it RESOLVED that the Town Board of the Town o(Southold elects to accept the gift of the Development Rights Easement on the Anne Hubb'4rd property, located on. the northeast comer ofC. R. 48 and Mill Road, Southold, New York, SCTM # [000-074-02-015, consisting of an area of approximately 6.88 acres, at a total price of the costs associated with transfer of the title of land to be gifted. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Co bran. This resolution was duly ADOPTED. #31 Moved by Justice Evans, seconded by Councilman Richter, WHEREAS the Town Board of the Town of Southold wishes to accept the gift of the Ann Bennett Fred property, pursuant to the provisions of Chapter 59 of the Southold Town Code, said property identified by S CTM # 1000-056-04-004, consisting' of approximately 0.32 acres; therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant t the SEQRA Rules and Regulation s, 6 NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached h hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. i #32 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, Ann Bennett Fred has offered to gift a parcel of land to the Town of Southold under the Open Space program for land preservation; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the acquisition of the Ann Bennett Fred property on the 10th day of October, 2000 pursuant to he provisions of Chapter 59, Open Space Preservation of the Town Code of the Town of Southold, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town Board deems it in the public- interest that the Town of Southold acquire the Ann Bennett Fred property; now, therefore, be it ! RESOLVED that he Town Board of the Town of Southold elects to accept the Ann Bennett Fred property, located on the north side of Main Road, approximately 2,360 feet west of the intersection of Main Road and Laurel Avenue, Southold, New York, SCTM #1000-056-04-004, consisting of approximately 0.32 acres, at a total price of the cost ,'s associated with transfer of the title of land to be gifted. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly ADOPTED. i i SUPERVISOR COCHRAN: That is the end of our prepared resolutions. At this time I would be very happy to have any comments from those of you attending. If there is something you would like to share with the Board, please, feel free at this time. If there anyone that would like to address the Town Board? L--bM 10/24/00 14 JACK FOSTER: ! guess you know why ! am here. It is in regards to the vineyards and the music and the weddings, and stuff. Jack Foster, Main Road, Cutchogue, 800 feet west of Pellegrini Vineyard. ! read the new complaint, or whatever that you got from the Country Club Estates, and some of the replies that they got sort of echoed what ! heard three years ago, which had no substance. ! don't think that we have accomplished anything in all of this time, and ! am listening to all this land we are getting, and it is going to be a peaceful community, and we are going to let these vineyards turn into catering halls. You, yourself, told me they were Agriculture. They are paying Agricultural taxes. They are running businesses. They are definitely running businesses. Wedding catering is a business separate from wineries. It can't be related, and ! was astounded. Do you know how much it cost to have a wedding at one of those vineyards? Do you know how much they earn per night? SUPERVISOR COCHRAN: ! was told by one vineyard owner what he gets. You tell me what you heard. JACK FOSTER: ! heard $4,000 to get on the premises. SUPERVISOR COCHRAN: He told me $3,300. JACK FOSTER: It is definitely business, and it is going to spread, because if one, or two, or three get away with it, it is going to continue. Two vineyards from me they played until 12:00 o'clock. You know if they played all night ! wanted care. ! would sleep through it, but they play during prime time in the evenings, and the music is unbearable. ! think there are people up there that wouldn't like it next to their house, and ! don't understand why it continues, they are continually allowed to do this. SUPERVISOR COCHRAN: Did you have it on your agenda? COUNCILMAN MOORE: It was going to be. We had a meeting...it doesn't always work. Anytime we contemplate regulating somebody's activities the first thing we do is get the people in the triangle, self-regulate. The Wine Council people came in to talk to us. We had several representatives in two weeks ago. JACK FOSTER: Excuse me. ! don't mean to interrupt you, but ! think ! know where you are going. COUNCILMAN MOORE: Don't be so sure. Let me just finish. We get asked to do lot of laws on the books, and one of the concerns we have is, the ability to then enforce those laws. So, in this instance they came in, and we have asked them, because it was not just vineyards we are doing these activities that are creating adverse impact on other neighbors. ! have been quoted that they were saying, ! was adamantly opposed to a noise ordinance, that have always believed that when a police officer comes to a property, and says, turn it down, although somebody say you shouldn't do it all, but turn it down, that, that request ought to be respected. ! am told that ! am kind of old-fashioned. That doesn't happen anymore, so over my kicking and screaming we've got a bunch of Noise Ordinances, as one issue. It doesn't address whether or not you want to have these activities on a wineries or not. The Town Board back in the early '80s allowed with certain restrictions these type of activities on wineries that was considered appropriate, but with limitations, no commercial kitchens. There is a whole list. They are supposed to come in and get special permit approval from the Zoning Board, and a variety of conditions that the Zoning Board imposes upon them in terms of operation. We discovered that some of the wineries didn't even know of the special permit necessity. That has been clarified so some of them do that now. They come in. JACK FOSTER: Tell me what you have accomplished, though, since the original complaint three years ago. ! mean, you have known about this for a long time. COUNCILMAN MOORE: There are those people who think that no activity of this nature whatsoever should take place on wineries. The Board as a whole, years ago said they disagree with that, and they put in place a series of condition through the Special Permit process. We learned that the owners of the vineyards didn't all know they had to get these Special Permits to have these events. They are going to try and come back with a series of proposals. For example, one came to us at the last meeting two weeks ago was a proposal to prohibit amplified music. That was one of the proposals. JACK FOSTER: ! heard that comment about having live music. COUNCILMAN MOORE: Amplified music. There is a big difference. - 10/24/00 15 JACK FOSTER: What is live music considered· I heard live music at the bowling alley, and it is no different, i! Councilman MOORE: My discussion, I just said, was amplified music, whether it is live or a DJ · One of the guys... JACK FOSTER: When is this going to take effect ? COUNCILMAN MOORE: They have the e proposals. They are going back to make recommendations to us on things they want to se -regulate, so that if they come back as a group, and say, we are willing to abide by these, we don't have sit there and draft a bunch of laws that apply to them. JACK FOSTER: I don't think that they could be committed to make their own rules. That is sort of like saying that there is a lot of crime in the town, and then the Police Chief says, let me tell the Mafia that there is a lot of crime, and let them have a discussion, and see what they can do about it. COUNCILMAN MOORE: Ifa group comes back, and says, you know what, we have acknowledged I the community complaints here, and we want to address those. If their suggested criteria is not sufficient for us, trust me, we are... JACK FOSTER: I don't believe, all you have told me. I don't believe all that you have told me, I don't believe that any of this is going to take effect in the near future. COUNCILMAN MOORE: Okay, I will just sit d watch. The other thing I was going to say was aside from the self-regulation or the imposition f limitations on activities of wineries we have had complaints from a variety of properties in town pushing the need for a Noise Ordinance. Unfortunately, I had a Code Committee meeting set for this coming Monday which I have just had to reschedule, because the Town Board has a special- meeting on Monday to deal with the budget. Can't do both at the same time, so we are going to reschedule that. We have Codes from all over different towns that have Noise Ordinances, and we will addressing a Noise Ordinance, so it is not just wineries. It going to deal with churches and other outside activities, where noise has become a problem in town. JACK FOSTER: Bill, we had a meeting sometime! ago about Noise Ordinances, when they were going to reopen the General Wayne Inn. Do you recall that a couple of years ago? COUNCILMAN MOORE: Vaguely. JACK FOSTER: Vaguely. Right. This is what we talked about, and what in two years, and if you want me to believe that something now is going to change. COUNCILMAN MOORE: I have personally vehemently opposed a Noise Ordinance. I finally gave up my argument against a Noise Ordinance. I didn't think it was a necessary thing in this community. JACK FOSTER: You should live in my house, if you don't think it is necessary, Bill. COUNCILMAN MOORE: I have changed my m. d, Jack. I am one of six, but I personally changed my mind. We are having this. You will have to! sit and watch and see, because I understand. You wanted something three years ago, and it didn't get- put in place. We have reached the point where we obviously had to do something. I am saying, watch d see. JACK FOSTER: The reason I am uptight is because it is what I heard three years ago, and now I am hearing it again. I hope this time it is successful. That is all. Do you believe that they should have weddings, and be catering halls? SUPERVISOR COCHRAN: Who, me? JACK FOSTER: Yes. Or anyone there that feels they should or they shouldn't. Tell me, so I know. SUPER VISOR COCHRAN · At this point they hav the right to have special events. 10/24/00 16 JACK FOSTER: Do you feel that they should have these special events, as agricultural businesses? Should they be catering halls, period? TOWN ATTORNEY Y AKABOSKI: You are asking if it should be an accessory use to a business. That is your question, right? COUNCILMAN ROMANELLI: ! think there needs to be more restrictions put on a few. ! think it is here. ! think it is going to stay. ! don't think any Town Board is ever going to stop them from having events, if you want to look at it realistically. ! think more restrictions have to be put on them. ! will go along with you there. Absolutely. ! would like to see them pushed back off the road a little bit more, if they are going to have catering events. JACK FOSTER: Do you know they have had weddings at Pelerine's, that ! could not hear. It can be done, but there are others that drive you out of your house. COUNCILMAN ROMANELLI: That is really in essence what we are heading towards, and ! am being honest with you, ! don't think you are ever going to see them not be there. ! don't think any Town Board is ever going to make that happen. That is just the way the east end and the community is heading, but can you make them more reasonable, where the neighbor doesn't have to be involved in the wedding? Those restrictions have to be put on it. ! think that is the way we are all trying to head without putting a thumb down on top of them, and squeezing them, and making them stop completely. We really, truly are trying to head in that kind of direction. JACK FOSTER: ! am looking forward to it. COUNCILMAN ROMANELLI: And ! have to be honest with you. The Wine Council has come to us now with a proactive attitude. They have a new Director, who has come to the Board, and said, listen, we want to address this. JACK FOSTER: But, does the Wine Council have control over each and every vineyard? COUNCILMAN ROMANELLI: Not each and everyone, but ! got to tell you they are trying to put the group together. They are trying to mend some of the past problems, and bring the group back together in a more cordial manner. SUPERVISOR COCHRAN: Jack, you and ! both know it is not every vineyard or winery in the Town of Southold. JACK FOSTER: Two or three. SUPERVISOR COCHRAN: Two. JACK FOSTER: And ! have to be next to both of them. SUPERVISOR COCHRAN: When they came in last week, and Bill and ! met with them this was the first time that we had some of the involved winery owners at the meeting, and they were going to go back. They realized there is a problem. They are willing to work with us to try to solve some of it, as far as late at night, turning it down earlier, and not having amplifiers, and so they were going to go to their group and share it with them, and then come back to us. Meanwhile, Bill will be working on a Noise Ordinance. JACK FOSTER: Good. SUPERVISOR COCHRAN: Hopefully that will solve, not only the problem of loud bands on vineyards, but some of the other places in town from time to time. JACK FOSTER: There was one in the parking lot at Mattituck, and ! know it was a special event or something, but it was very loud. SUPERVISOR COCHRAN: Sometimes things take a little longer than we would like, and sometimes you will see things when you bring it to their attention that improves for awhile, and then it slides back, and it has slid back to the point where, yes, we will moving it faster. 'i --- 10/24/00 - 17 JACK FOSTER: One thing that keeps coming u- is that they turn it down as it get later, but the prime time in the evening if you have company at your home before dark, that is the time you would like peace and quiet, and a lot of the late music you could sleep through. ! mean you shut the windows, you go to bed. It doesn't keep me awake. Maybe t there are people that say it keeps them awake, but all evening it is not necessarily restricted to turn it down at ten. ! would strike that. COUNCILMAN MOORE: Our first discussion was dealing with deep sexing the amplified music, because the one guy described, and ! apologize4. ! know you have been frustrated by this, and so ! apologize. JACK FOSTER: And then when the new issue c e up, and it sounded just like previous. COUNCILMAN MOORE: They came back and acknowledged the amplified music, at least some of these wineries say to the family, it is going to co t you x-number of dollars, or a figure you have, and then they will go out and hire their own DJ's, an they have been surprised by what. .. 1 didn't except all their answers, because it is your property. The- bottom line is when these guys come rolling in with a truck, and unload speakers that go fifteen feet y- have the ability to control your own property. JACK FOSTER: ! went over to try to stop some music, and ! almost got knocked out. They threatened me, and ! had to leave. A Noise Ordinance would help. COUNCILMAN MOORE: And that is where we e going. JACK FOSTER: You have got to have something g with teeth in it even if you don't use it. ! mean, if you hold it as a last straw. SUPERVISOR COCHRAN: Unfortunately we talk about Southold and our quality of life, and we don't want to see Southold change in many ways, but there are some ways that it is changing. JACK FOSTER: Oh, it can change. 1 SUPERVISOR COCHRAN: Complaints about noise, we never felt, well, most of your Police Chiefs in the past have always felt that a decibel reading was very hard t- enforce, but ! think -Southold is growing to the point, we have had enough complaints to the point, that, yes, something will be happening. JACK FOSTER: Okay, ! have taken enough of your time. Sorry about that, but ! want you know where ! see it from, and the political talk sounds g d. SUPERVISOR COCHRAN: ! am sorry, sir, it is not political talk. Now, ! am going to get defensive, Jack. ! used to live across the way, ! still live across the way, it used to be the VFW, and ! used to have blaring bands every Friday and Saturday night until ! wanted to go out of my mind, and there was never a Noise Ordinance, and the Police officer would come down, and he would say, turn down the music, and they would listen, but today nobody listens to that kind of, just kind of nice request. JACK FOSTER: So, we have to get stronger with them. Put some teeth in it. SUPERVISOR COCHRAN: Thank you for your comments, Jack. Anyone else like to address the Town Board? (No response.) If not, may ! have a motion to adjourn? rill 7'~h. da7J..,"'/.#-, '--jl{,'; ; ; ;- A. - Southold Town Clerk