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HomeMy WebLinkAboutTB-12/04/2001REGULAR MEETING DECEMBER 4, 2001 4:30 P.M. A Regular Meeting of the Southold Town Board was held on December 4, 2001, 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 minutes of October 23, 2001 meeting Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the minutes of the October 23, 2001 Town Board meeting be and hereby are approved. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. SUPERVISOR COCHRAN: Approval of the minutes of November 8, 20017 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the minutes of the November 8, 2001 Town Board meeting be and hereby are approved. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. SUPERVISOR COCHRAN: A motion to approve the audit of bills for December 4, 20017 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 $382,715.50; General Fund Part Town bills in the amount $7,963.57; Community Development Fund bills in the amount of $15,000.00; Highway Fund Whole Town bills in the amount of $75,6001.83; Highway Fund Part Town bills in the amount of $19,654.47; Capital Projects Account bills in the amount of $35,811.50; Landfill Cap & Closure bills in the amount of $507,647.01; Open Space Capital fund bills in the amount of $7,500.00; Community Preservation Fund (2% Tax) bills in the amount of $172,072.02; Waterway Improvement Program bills in the amount of $110,729.56; New London Terminal Project bills in the amount of $12,947.94; Compost Land Acquisition bills in the amount of $95,218.13; Fishers Island Ferry District bills in the amount of $17,992.60; Refuse & Garbage District bills in the amount of $110,089.80; Southold Wastewater District bills in the amount of $9,284.73; Fishers Island Sewer District bills in the amount of $640.38; Southold Agency & Trust bills in the amount of $11,758.76; Fishers Island Ferry District Agency & Trust bills in the amount of $708.63. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. SUPERVISOR COCHRAN: To set the next regular Town Board meeting for Tuesday, December 18, 2001 at 4:30 P.M. Moved by Justice Evans, seconded by Councilman Romanelli, it was 12/4/01 2 RESOLVED that the next meeting of the Southold Town Board will be held at 4:30 P.M., Thursday, December 18, 2001 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: From time to time I have the distinct pleasure of presenting recognition to people with the community. She is going to be a Torchbearer to carry the light as part of taking it from Atlanta. We are very proud. I know that most of your press says that you representing Mattituck, but we would like to believe you are representing the entire Township of Southold. We thought that certainly she should be recognized, because I think this is great. I always watch the Olympics, winter, summer. I think most of us do. It is something special this year. So, we would like to give you a certificate of congratulation, Catherine Harper, Torchbearer, Salt Lake City, 2002, Olympic Torch Relay. On behalf of the residents of Southold Town, we extend our sincere congratulations and appreciation as you represent us by carrying the Olympic Flame. Congratulations. Thank you for coming in. I would like to take a moment to explain to you about the Teddy Bears. Each year the Town Board we try to do something of importance in relation to the holidays, not only Christmas, but the Jewish Holidays, and last year we adopted, I think it was thirteen or fourteen families from the Salvation Army. This year I thought it might be nice if we collect Teddy Bears. Now, what do we do with all these Teddy Bears? These are going to be giving to the Police Department, and they are kept in each of the police cars. Many calls that a Policeman has, is traumatic to a young child. It could be Mommy being arrested for shoplifting. It could be Daddy was just in an automobile accident. There is many reasons why a child could become upset as a result of a policeman having to be called to their home. What the Police Officer does is give this to the child. It is like a hug, and the child bonds to the Teddy Bear. We think this is very important that if there is a young child, and that insecurity that might touch them that they have a hug. I call it a hug. So, this year Town Hall, and we are asking the public to bring your new Teddy Bear down here, and that is how they will used in the program, as a hug. It is important to hug kids. Thank you. I. REPORTS. SUPERVISOR COCHRAN: As you know the Town Board has Reports presented to them once a month from either committees or from different departments within Town Hall. They are placed on file with the Town Clerk. They are public information. They are placed on file with the Town Clerk. They are public information. If you would like something in relation to what is on the agenda listed you certainly may come in and see Betty, and she will be very happy to help you. 2. 3. 4. 5. 6. 7. 8. 9. 10. Southold Town Southold Town Southold Town Southold Town Justice Evans' Monthly Court Report for October 2001. Justice Price's Monthly Court Report for October 2001. Program for the Disabled October 2001 Events. Justice Bruer's Monthly Court Report for October 2001. Southold Town Board of Trustees Monthly Report for October 2001. North Fork Animal Welfare League Financial Statement through September 2000 and 2001. Island Group Administration Claim Lag Report through October 2001. Southold Town Budget Report for month ending October 2001. Southold Town Scavenger Waste Treatment Facility Report for November 2001. Leave Time Summary Report for October 2001. II PUBLIC NOTICES. SUPERVISOR COCHRAN: Public Notices, the Southold Town Police Department Notice of the Booster Seat Giveaway. This is a program that they have been involved before in checking the seats in cars for young babies, young children, to make sure they are put in properly. I think the land time we did it was up at the Rec Center, and there were eighty some odd inspected, and they all failed the inspection, because they were not properly installed in the cars. We feel it is a very important. It is th going to be held on December 15 . We have a notice on aquaculture in Peconic in Gardiners Bay, New York State Department of Environmental Conservation. There is Notice in relation to Belvedere Property Management to remove Phrgmites, wetlands off Robins Island. Also, New York State Department of Transportation Notice of Order, 30 mile speed limit between 48 and Bridge Lane, Cutchogue. Also, New York State Department of Transportation, Notice of Order to establish thirty mile limit within Founders. New York State Department of Transportation Notice of Order to amend existing thirty-five area north Mattituck Captain Kidd Estates and Oregon Road, and one from the US 12/4/01 3 Army Corp of Engineers, Notice of Application. Written comments by December 30, 2001 in relation to shellfish cages. 1. Southold Town Police Department Notice of Booster Seat Give Away in conjunction with Safe Kids, Ford Motor Co. and the United Way, at 9:00 AM, December 15, 2001, Southold Town Highway Department. 2. Suffolk County Department of Planning Notice of Public Hearing on Aquaculture in Peconic and Gardiners Bays at 6:00 PM, December 6, 2001, Legislative Auditorium, Riverhead County Center. 3. New York State Department of Environmental Conservation Notice of Complete Application of Belvedere Property Management to remove and control Phrgmites from regulated freshwater wetlands off Robins Island, Southold. Written comments by December 7, 2001. 4. New York State Department of Transportation Notice of Order to establish a 30 mph speed limit between CR 48 and Bridge Lane, Cutchogue. 5. New York State Department of Transportation Notice of Order to amend and establish a 30 mph speed limit with the Founders Land and Conklin Point area, Southold. 6. New York State Department of Transportation Notice of Order to amend and establish a 30 mph speed limit within the North Mattituck Captain Kidd Estates and Oregon Road areas by excluding Oregon Road from this area speed limit. 7. U.S. Army Corps of Engineers, NY District, Notice of application of Philip and Patricia Phillips Marco to place shellfish cages in Little Peconic Bay, Cutchogue, Southold. Written comments by December 30, 2001. III. COMMUNICATIONS. None. IV PUBLIC HEARINGS. None. IV. PUBLIC HEARING. None. V. RESOLUTIONS. SUPERVISOR COCHRAN: As you know the Town Board has a policy that if you would like to ask a question or have more information in relation to any of the resolutions we will do it at this time before we move on to the passage. Otherwise any other Town business we will accept comments at the end of the meeting. So, is there anyone that would like to address the Town Board in relation to a printed resolution? I have Mr. Gold, and then I have Mr. Dinizio. JOE GOLD: Joe Gold. Southold. Resolution 795, Patricia Castoldi being appointed member of the Assessment Review correct me if I am wrong, but is Patricia Castoldi a real estate appraiser? SUPERVISOR COCHRAN: Craig, can you answer that? COUNCILMAN RICHTER: I don't know off hand. I can't remember what her background was, whether she is or not I can't remember. JOE GOLD: The information I have is that she is a real estate appraiser. TOWN ATTORNEY YAKABOSKI: In her resume, yes. JOE GOLD: She is. TOWN ATTORNEY YAKABOSKI: I believe so from her resume. JOE GOLD: Has the Ethics Board been asked to review a possible conflict with a real estate appraiser being on the Board? They have been asked to review, and what was their opinion? TOWN ATTORNEY YAKABOSKI: They have currently not rendered an opinion. COUNCILMAN ROMANELLI: I know I saw the motion. It was in front of the Ethics. I don't know what their decision was, but it was put in front of the Ethics Board. 12/4/01 4 JOE GOLD: Might I suggest if we do not have that opinion in from of the Board that this appointment be deferred. SUPERVISOR COCHRAN: I certainly have no problem with holding it. It would give us the opportunity to check. I don't think a decision has been rendered according to our Town Attorney. So, I would like to see the decision rendered first. I have Mr. Dinizio. JIM D1NIZIO: Jim Dinzio, Greenport, New York. I just want to comment on 823, except a letter of intention to retire from Bob Kassner, and I will tell you I would like you to consider giving his responsibilities, his duties over to the Building Inspector, if you are going to hire somebody to put in there. Most of the stuff he does I think fit more in the Building Department as opposed to the Planning, and I am sorry to see him go, because he does do a very good job. #798, Zoning Board of Appeals, advertise for a member, when will that be in the paper? COUNCILMAN RICHTER: It was in last week' s, prior week's papers. JIM D1NIZIO: Okay, how did that happen? COUNCILMAN RICHTER: I asked Betty Neville to go and advertise for that, post it and advertise for it. JIM D1NIZIO: How can you have a resolution for something to authorize... COUNCILMAN RICHTER: It has been done before, where we have done things prior to have a resolution. JIM D1NIZIO: Is that standard procedure? COUNCILMAN RICHTER: I don't know if it was standard. SUPERVISOR COCHRAN: Believe me, it is not standard procedure. It occasionally happens. JIM D1NIZIO: What is the rush? COUNCILMAN RICHTER: There is not rush. JIM DINIZIO: Then why would vary from standard procedure? COUNCILMAN RICHTER: Because I wanted to do interviews. I wanted to get the interviews in, get the resumes in, so when the first of year comes around we can appoint. JIM DINIZIO: Okay, let me ask you about that. So, you will have interviews when? COUNCILMAN RICHTER: We don't have the dates set up. The interviews are coming up very shortly within the next two weeks. JIM D1NIZIO: You are going to have a list and times, because I am involved in that naturally. So, I will be advised? COUNCILMAN RICHTER: Sure. JIM D1NIZIO: How are you going to do it? Are you going to call them up? Do you have a list? COUNCILMAN RICHTER: Whoever responds with resumes then we will set an appointment with them. JIM D1NIZIO: So there will be a list of who was interviewed, a complete list? COUNCILMAN RICHTER: Sure. SUPERVISOR COCHRAN: Jim, the resumes that will come in, if any come in, or anyone that is interested, it is certainly public information. 12/4/01 5 JIM D1NIZIO: I am aware of that. I just wanted to make it kind of easy for me to check. COUNCILMAN RICHTER: ! will actually give it to you. If you want ! will give you a list. JIM D1NIZIO: No. ! just wanted it to be public. ! don't want favors, because ! know how it worked before, and really how it worked, because every time ! come up ! get, you know, resumes. My record stands on it's own, but last time it was left up to the next Board to do, and ! am wondering if that is going to be the case? COUNCILMAN RICHTER: That quite well could be the case. JIM D1NIZIO: Either it is or not. COUNCILMAN RICHTER: ! can't answer that. ! don't know the answer right now. SUPERVISOR COCHRAN: There have been many times it hasn't been left up to the next Board. You can go back through the minutes and verify all of it. JIM D1NIZIO: Say that again. SUPERVISOR COCHRAN: There have been many times that it hasn't been. You know it has been passed by the present sitting Board certain decisions. You can check the minutes. JIM D1NIZIO: No, ! am not concerned about that. SUPERVISOR COCHRAN: There are different precedents. Some don't. JIM D1NIZIO: ! could tell you this much. If the next Board has a decision to make on my appointment ! can tell you this, they are no friends of mine. Okay? So, ! am not looking for edge here. What ! am looking for is fairness. Fairness dictates that if you are going to appoint somebody to a Board that is going to be on there for five years, then the people who are on the Board they are going to be there for those five years for the bulk of that, should be the people to make that decision, not the people who are not going to be there. That is, ! guess, the point ! am trying to make. Like ! said ! would stand to any Board my record, and ! am not selling myself. What ! am saying to you that is the way it should be, and that is the way ! am hoping that it will be. Thank you very much. SUPERVISOR COCHRAN: Thank you, Jim. Mr. Siegmann and then Josh. ED SIEGMANN: Ed Siegmann. ! see several jobs here, new jobs being appointed. SUPERVISOR COCHRAN: Give me a number, Ed. ED SIEGMANN: The first, 792, 793. SUPERVISOR COCHRAN: 792 is a replacement up at the Nutrition Center. Ve McKeighan is retiring. ED SIEGMANN: There is some here that says to create the position, 793,794. COUNCILMAN ROMANELLI: 794 actually is held. We are not making a move on that tonight. SUPERVISOR COCHRAN: 795 is held. ED SIEGMANN: The reason ! am asking the question on any of these jobs that it is being created ! see it says here salary scale to established. If you don't have a salary scale. SUPERVISOR COCHRAN: We have it. ED SIEGMANN: Is it in the budget? SUPERVISOR COCHRAN: Yes. 12/4/01 6 ED SIEGMANN: The other question ! have on the last where you say your final resolution, it says that you would close the meeting in respect to the person to the person who had passed away. Does that mean you are skipping the part today where if you don't nod on one of the resolutions you can't get up and talk? You will have period of time? SUPERVISOR COCHRAN: Yes. An open part, yes. Thank you. JOSH HORTON: Josh Horton, Greenport. Just to address Jimmy Dinizio, Jr.'s concerns about the appointments. The understanding ! came to over the issue of the legality of appointing someone to a position that has not yet become vacant ! think is what the Board discussed today in Work Session was that those appointments would not be made just as a matter of legality regardless of whether the precedent has been set by past Board, right, wrong or indifferent. That was just to add a certain level of comfort to the concerns about that. SUPERVISOR COCHRAN: Josh, I know what the conservation was this morning, and I will speak for myself. ! do not feel that was the conclusion that ! reached in my mind. ! don't think the Board has made it. You asked a question. The Town Attorney gave you an answer. ! don't particularly agree with him at this point, and ! would like to have some time to do some research. So, as far as ! am concerned it may work out differently. JOSH HORTON: So, the Town Attorney's answer to the legality of the issue was, Greg, maybe you can reiterate that. SUPERVISOR COCHRAN: Not at this time until we do some research. TOWN ATTORNEY YAKABOSKI: From an ethical and legal standpoint I cannot reveal attorney- client. I do not have that privilege to be able to break attorney-client, or Executive Session. SUPERVISOR COCHRAN: And it was Executive Session. JOSH HORTON: I believe we were out at that point. SUPERVISOR COCHRAN: We are out. JOSH HORTON: We were out when we discussed that. Thank you. SUPERVISOR COCHRAN: I don't think we were. Tom Wickham? TOM WICKHAM: Tom Wickham from Cutchogue. It was a pleasure to be with the Board today. I just wanted to reiterate the point that Jim was essentially trying to make. I think it would be serious mistake for this Board to appoint members of the Planning Board or the Zoning Board during this current year. I know that you don't plan to do it today. It seems to me the irregular procedure that has been put in place to notify, to notice it in the newspaper basically puts the Board in a position of an appointment next week of an improper appointment. So, I strongly urge the Board not to do it, when it meets next time. I have a second question. This question is, are there any other resolutions this afternoon that the Board intends to take up beyond #840? Are there any others that have been added since the Work Session or anything like that? SUPERVISOR COCHRAN: I believe this includes all added resolutions. I am not aware from any Board member that there are any additional ones, Tom. As far as I am concerned it is what is on the agenda and the balance to your first question to the Board will be making that determination. Anyone else? Mr. Cooper? DOUG COOPER: Doug Mattituck. ! would just like to voice my support for what Jim Dinizio said, and Tom Wickham, and Josh Horton. ! think there is a legal, and a proper, and moral way of doing things. Thank you. SUPERVISOR COCHRAN: Thank you for your input. Sir? BILL EDWARDS: Bill Edwards from Mattituck with respect to Resolution #817, which relates to the garbage bags. In my recent process of campaigning the second most irritated subject that voters in the 12/4/01 7 Town seemed to bring up to me was about the yellow bags, and they don't like the yellow bags, and I try to explain that I actually thought the yellow bags were a pretty good idea. The one thing maybe my garbage is heavier than other people's, but in as much as these bags are paid for by the citizens, and presumably there is enough margin in there to pay for heavier bags, what are the chances of getting bags that are a half a mill thicker than the ones we have been using? I don't know if I am alone in this, but that way you wouldn't have to use two bags for the purpose of one. I don't know what kind of money is involved in this. SUPERVISOR COCHRAN: You put it in the black bag first, then the yellow bag? BILL EDWARDS: Exactly, and there is no reason why the yellow bag shouldn't be strong enough to carry everything. SUPERVISOR COCHRAN: It cost more. BILL EDWARDS: But, we are charging people for the bags so theoretically what are we talking about, a penny a bag or something here? SUPERVISOR COCHRAN: It has been investigated off and on, and I am sure the next administration will investigate it again. Anyone else like to address the Town Board? (No response.) If not, we will pass on the resolutions. #791, approval of dedication of roads is out. #792 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Senior Citizen Program Director and establishes the following salary scale: For full-time employees hired on or before June 8~ 1999 1/1/01 1/1/02 Entry 1 2 49,684.02 3 50,919.56 4 51,927.96 5 54,052.46 For full-time employees hired after June 8~ 1999 1/1/01 1/1/02 Entry 42,363.00 43,263.00 1 44,863.00 45,763.00 2 45,863.00 46,763.00 3 47,113.00 48,113.00 4 48,113.00 49,113.00 5 50,213.00 51,613.00 51,919.56 52,927.96 55,452.46 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #793 Moved by Councilman Romanelli, seconded by Councilman Richter it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Secretarial Assistant and establishes the following salary scale: For full-time employees hired on or before .June 8, 1999 1/1/01 1/1/02 Entry 1 2 39,726.78 3 40,896.52 4 41,816.20 5 43,835.47 41,896.52 42,816.20 45,225.47 For full-time employees hired after June 8~ 1999 1/1/01 1/1/02 12/4/01 8 Entry_ 33,322.88 34,222.88 1 35,822.88 36,722.88 2 36,822.88 37,722.88 3 38,072.88 39,072.88 4 39,072.88 40,072.88 5 41,172.88 42,572.88 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. (The resolutions, #794 and #795, pertaining to Town Comptroller and a Board of Assessment Review appointment were put on hold.) #796 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an agreement with the following individuals for the winter 2002 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2002 instructor line A7020.4.500.420. Lisa Baglivi (drawing) Carla Blasko (computers) Thomas Boucher (guitar) Eugenia Cherouski (folk dancing) Custer Institute (stargazing) Martha Eagle (Aerobics) East End Insurance Services (Defensive Driving) Bob Fisher (computers) Lauren Egan (Pediatric CPR) Carol Giordano (Baton) Mary Hewitt (creative scrapbooking) Hidden Lake Farms (Horseback Riding) Rosemary Martilotta (hatha yoga) Jim Mikelbank (youth basketball) Theresa Pressler (arts & crafts) Paine Webber, c/o Steve Guglielmoni (financial management) Joel Reitman (computers) Steve Smith (weight training) Laurie Short (aerobics classes) US Coast Guard Auxiliary Flotilla 18-8 (boating) $25/hour $25/hour $25/hour $20/hour $30/person $30/hour $30/person $25/hour $45/person $20/class $20/hour $175/person $55/class $25/hour $20/hour $20/person $20/hour $20/hour $20/hour $25/person Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #797 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a member of the Southold Town Planning Board. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #798 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a member of the Southold Town Zonin~ Board of Appeals. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. 12/4/01 9 #799 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for the position of Seasonal Clerk in the Tax Receiver's Office. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #800 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 with the following individual for the winter 2002 recreation program, all in accordance with the approval of the town attorney. Funding for the instructor listed below has been budgeted for in the recreation department's 2002 instructor line A7020.4.500.420. Denise Rathbun (adult education-Alexander Technique) $20/hour Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #801 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following elected or appointed officials to attend the Annual Meeting of the Association of Towns in New York City on February 17-20~ 2002: Supervisor~ Councilmem Town Clerk~ Town Justices~ Executive Assistant Ruthanne Woodhull~ Deputy Receiver of Taxes~ Superintendent of Highways~ Solid Waste Coordinator~ Justice Court Clerks~ Assessors~ Town Attorne¥~ and Building Department~ and be it FURTHER RESOLVED that the Members of the Board of Appeals and Planning Board are granted permission to attend the Annual Meeting of the Association of Towns on a day trip basis. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #8O2 Moved by Councilman Richter, seconded by Councilman Romanelli, 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 Filipkowski Air~ Inc. for the maintenance of the two HVAC systems in the Records Vault and Storage Room at Town Hall~ at a cost of $475.00 per unit~ total cost $950.00. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #8O3 Moved by Councilman Romanelli, seconded by Councilman Richter, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 4th day of December, 2001, a Local Law entitled "A Local Law in Relation to No Parking, Standing and Stopping anytime at the intersection of Rocky Point Road and Aquaview Avenue, East Marion", 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 18th day of December, 2001 at 7:30 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "A Local Law in Relation to No Parking, Standing and Stopping anytime at the intersection of Rocky Point Road and Aquaview Avenue, East Marion", which reads as follows: I. Chapter 92, Section 92-41 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: Name of Street Side Location Aquaview Avenue Both In East Marion, on both sides of Aquaview Lane, from the 12/4/01 10 intersection with Rocky Point Road, easterly for approximately 50 feet Rocky Point Road East In East Marion, on the east side of Rocky Point Road, North and south of the intersection with Aquaview Avenue for approximately 50 feet TT. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge 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. TTT. This Local Law shall take effect immediately upon filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #804 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs Supervisor Jean W. Cochran to file an application and execute any and all necessary contracts on behalf of the Town of Southold with the Suffolk County Community College for the placement of Occupational Therapy Assistant Students at the Human Resource Center. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #805 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby hires Victor E. L'Eplattenier as a part-time Senior Planner in the Planning Department at an hourly rate of $20.22 effective December 5, 2001, with a salary increase to $20.99 per hour effective January 1, 2002. COUNCILMAN RICHTER: I might add it has been a long time coming, and this is going to be a great move. Thank you. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #8O6 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby promotes Karen McLaughlin to the position of full-time Senior Citizens Program Director in the Human Services Department at a salary of $49,684.02 per year, effective December 29, 2001. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #807 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of $outhold hereby promotes Melissa Spiro to the position of full-time Principal Planner in the Land Preservation Department at a salary of $52,612.54 per year plus appropriate longevity, effective December 5, 2001. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #808 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the following hourly rates of pay for part-time Senior Planner: Hourly rate effective 1/1/01 $ 20.22 12/4/01 11 Hourly rate effective 1/1/02 $ 20.99 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #8O9 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town o f Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for resumes for the Southold Town Human Resource Center for the position of part-time mini-bus driver whose qualifications include a Commercial Driver's License Class C with passenger endorsement~ 17 1/z hours per week~ at a salary of $8.88 per hour. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #810 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Cochran to execute an agreement with Verizon for a Frame Relay system and monitoring service for the Southold Police Department's Mobile Date Communication System subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #811 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Employee Health Plan 2001 budget as follows: To: MS. 1910.4.000.000 Insurance 7,500.00 From: MS.8686.4.000.000 Administration 7,500.00 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #812 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby adopts the following 2002 Community Development Block Grant budget~ and be it further RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Jean W. Cochran to sign the Proiect Description Forms for the various Programs. Administration $15,000.00 Child Day Care Center Improvements North Fork Early Learning Center/Family Service League of Suffolk County $ 66,250.00 Robert Perry Child Day Care Center $ 7,500.00 Support to a Child Day Care Facility Oysterponds Playground Project $ 51,250.00 Town/School Park Project North Fork Housing Alliance $ 8,000.00 Support for a not-for-profit housing agency Total $148,000.00 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #813 Moved by Councilman Richter, seconded by Justice Evans, it was 12/4/01 12 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Community Preservation Fund as follows: To: Revenues: H3.5990.00 Appropriated Fund Balance Appropriations: H3.8660.2.500.200 Appraisals H3.8660.2.600.100 Land Acquisitions H3.8710.2.400.100 Land Use Consultants Vote of the Town Board: Aye: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. $1,123,000.00 $ 25,000.00 1,088,000.00 10,000.00 Councilman Murphy, Councilman Romanelli, #814 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Solid Waste District budget, as TO: SR 1420.4.500.100 SR 8160.1.100.200 SR 8160.1.200.100 SR 8160.4.100.300 SR 8160.4.100.595 SR 8160.4.100.600 SR 8160.4.100.630 SR 8160.4.200.400 SR 8160.4.400.625 SR 8160.4.400.810 SR 8160.4.400.815 SR 8160.4.400.820 FROM: SR. 1490.1.100.100 SR 8160.1.100.500 SR 8160.1.300.100 SR 8160.2.400.150 SR 8160.2.500.300 SR 8160.2.500.450 SR 8160.4.100.550 SR 8160.4.100.640 SR 8160.4.100.650 SR 8160.4.450.100 follows: Legal Counsel $ 2~681.49 Full Time Overtime Earnings Part Time Regular Earnings Odor Control Tub Grinder Maint/Supply Misc. Equip. Maint/Supply Maint/Supply SWC Vehicle Bottled Drinking Water Tire Repair C&D Removal Scrap Tire Removal Plastic Recycling Admin. Regular Earnings Full Time Holiday Pay Seasonal Employee Regular Earnings Break Room Trailer Traffic Control Devices Radio Equipment Maint. Komatsu Loader Maint/Supply Trailer Fleet Town Garbage Bags Newsletter Publication Vote of the Town Board: Aye: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. 1,500.00 15,000.00 39.10 1,000.00 1,000.00 200.00 125.00 1,000.00 12,717.40 5,000.00 1,000.00 $ 9,437.99 2,500.00 3,000.00 7,225.00 500.00 900.00 5,000.00 2,000.00 2,700.00 8,000.00 Councilman Murphy, Councilman Romanelli, #815 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Solid Waste District budget, as follows: TO: SR 8160.2.500.200 FROM: SR 8160.4.400.825 Glass Removal Vote of the Town Board: Aye: Councilman Richter, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. Garage & Shop Equipment $ 2,750.00 $ 2,750.00 Councilman Murphy, Councilman Romanelli, #816 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Assessor Scott A. Russell to attend the Annual Assessor & Real Property Appraiser Conference at White Plains, 12/4/01 13 New York on November 19, 2001 with any necessary expenses for registration, travel and meals shall be a legal charge to the Assessors' 2001 budget. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #817 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Interboro Packaging Company in the amount of $ 33~354.00 (price "B" under Alternative #1) for supplying the Solid Waste District with Town Garbage Bags for the 2002 calendar year, all in accordance with bid specifications and the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #818 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Town Board Budget as follows: TO: A. 1990.4.100.100 Contingent $ 6,183.75 FROM: A. 1010.4.500.300 Environmental Consultant $ 6,183.75 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #819 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 one-year extension to the lease agreement with Cassone Leasin~ Inc. for the rental of a trailer for use by the employees of the Solid Waste District for the Calendar year 2002, at a cost of $ 500.00 per month, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #82O Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 budget as follows: General Fund Whole Town To: A.9089.8.000.100 Sick Leave Buyout $6,500.00 From: A.9901.9.000.000 Transfers to Health Plan $6,500.00 General Fund Part Town To: B.9089.8.000.100 Sick Leave Buyout $4,600.00 From: B.9901.9.000.000 Transfers to Health Plan $4,600.00 Highway Fund Whole Town To: DA.9089.8.000.100 Sick Leave Buyout $4,600.00 From: DA.9901.9.000.000 Transfers to Health Plan $4,600.00 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. 12/4/01 14 #821 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk Elizabeth Neville to advertise for Bids for the Southold Town Animal Shelter Building. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #822 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby approves and accepts the stipulated settlement agreement in the matter of disciplinary charges brought against a Town employee. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans. Abstain: Supervisor Cochran. This resolution was duly adopted. #823 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intention to retire from Robert Kassner from the Planning Board office effective January 4~ 2002 and wishes him the best in his retirement. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #824 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Betty as a part- time Maintenance Mechanic I for the Senior Services Program funded by the CSE Residential Repair Grant, at a salary of $12.67 per hour, effective January 7, 2002 through March 31, 2002. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #825 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Terry Contracting and Materials~ Inc. Riverhead~ NY in the amount of $321~000.00 for the development of a compost site on land adjacent to the Southold Landfill, as per specifications for same developed by the Town, and be it Further RESOLVED that the Town Board authorizes and directs Supervisor Jean Cochran to execute a contract with Terry Contracting for development of the compost site, subject to review and approval of the Town Attorney and the Solid Waste Coordinator. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #826 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of Nelsom Pope & Voorhis to perform the SEQRA review for the proposed change of zone from R-80, Low Density Residential to AHD Affordable Housing District on a certain property located west of Factory Avenue and south of Sound Avenue, Mattituck, New York identified as SCTM# 1000- 122-2-23. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #827 Moved by Justice Evans, seconded by Councilman Romanelli, 12/4/01 15 WHEREAS a petition has been received from Mattituck Housing LLP for a change of zone from R- 80, Low Density Residential to AHD Affordable Housing District (AHD) on a certain property located west of Factory Avenue and south of Sound Avenue, Mattituck, New York and identified as SCTM# 1000-122-2-23.1; now therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Plannin~ for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #828 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS Mattituck Housing LLP has proposed a change in zone for the property identified as SCTM#1000-122-2-23.1 consisting of approximately 7.4 acres located on the west side of Factory Avenue and the south side of Sound Avenue, Mattituck, New York; and WHEREAS the proposed change of zone is from Low-Density Residential (R-80) to Affordable Housing District (AHD); therefore be it RESOLVED that the Town Board of Southold hereby declares itself lead agency as there are no other involved agencies, in regard to SEQRA; therefore be it RESOLVED that the Town Board of the Town of Southold hereby finds this to be an UNLISTED action pursuant to SEQRA Rules and Regulations. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #829 Moved by Councilman Romanelli, seconded by Councilman Richter, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 4th day of December, 2001, a Local Law entitled "A Local Law in relation to Parking Offenses and Penalties, Chapter 92, Articles IV and VI, Vehicles and Traffic, of the Code of the Town of 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 18th day of December, 2001 at 4:37 p.m., at which time all interested persons will be given an opportunity to be heard. The proposed "A Local Law in relation to Parking Offenses and Penalties, Chapter 92, Articles IV and VI, Vehicles and Traffic, of the Code of the Town of Southold" which includes the following: LOCAL LAW NO. 2001 A Local Law in relation to Parking Offenses and Penalties~ Chapter 92~ Articles IV and VL Vehicles and Traffic~ of the Code of the Town of Southold BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 92, Articles IV and VI, Vehicles and Traffic, of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV, Parking, Standing and Stopping §92-49. Offenses A. Specific offenses. No person shall: (1) Park or stop a vehicle in a designated "No Stopping Zone". (2) Park or stop a vehicle in front of a fire hydrant (3) Park in expiration of any designated timed parking area. (4) Park or stop a vehicle within a designated "Fire Zone". (5) Park a vehicle in a designated "Loading Zone". (6) Park or stop a vehicle within a designated "Bus Stop" area. (7) Double park a vehicle. (8) Park or stop a vehicle on a sidewalk. (9) Operate a vehicle when said vehicle has an expired registration. (10)Operate a vehicle when said vehicle has an expired inspection sticker. (ll)Park a vehicle against authorized traffic movement for that portion of the road. (12)Park so as to obstruct any driveway. ARTICLE VI, Penalties 12/4/01 16 § 92-60. Penalties for offenses. [Amended 5-13-1997 by L.L. No. 10-1997] B. All persons cited on a town parking summons for a violation of this chapter, permit parking or parking related violations shall be subject to a fine of $25 as set forth below and shall answer and/or appear on or before the designated return date. Persons failing to appear on or before the designated return date shall be subject to the *'~" .... ;~ .......... ~ sumharges penalties set forth in the Penalty Schedule below, in addition to the prescribed fines: Bold is added, strike t~ough to be deleted. Vote of the Town Board: Aye: Councilman ~chter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supe~isor Cochran. This resolution was duly adopted. #83O Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the application of fine Care Landscaping, Inc. to locate a temporary house trailer for the purpose of a nigh watchman's trailer at County Route 48, Cutchogue, New York of Town Board of the Town of Southold be and hereby is granted, for a six {6} month period. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #831 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby issues a refund to Mr. John Prizeman for a variance application on property located at Monsell Lane, Cutchogue, New York, in the amount of $150.00, as the application has been withdrawn. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #832 Moved by Councilman Romanelli, seconded by Councilman Richter, WHEREAS, there exists a serious traffic problem in Southold Town due in part to traffic to and from the Orient Point Ferry; and THEREAS, the Town Board understand that a substantial portion of this traffic originated from and/or proceeds to the South Fork of Long Island; and WHEREAS, many Southold Town residents have expressed support for the proposed ferry terminal on the South Fork; now, therefore, be it RESOLVED that the Town Board of the Town of Southold, in the belief that the creation of a ferry route from Connecticut to the South Fork will reduce the volume of traffic on the North Fork, strongly endorses the proposal of Cross Sound Ferry, Inc. to open and operate a ferry service between New London, Connecticut, and the South Fork of Long Island. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #833 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Cheryl A. Kaswell and Estelle Edwards as part-time Clerks in the Southold Town Tax Receiver's Office at a salary of $8.63 per hour, effective December 5, 2001. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #834 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean Cochran to sign a contract agreement with the NYSDOT Multi-Modal 2000 Program for $150,000.00, subject to the approval of the Town Attorney. 12/4/01 17 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #835 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Edward Wankel to oversee property management and development in the Parks Department at a salary of $1.00 per year, no benefits, for a two-year term, effective December 4, 2001; and be it further RESOLVED that Supervisor Jean Cochran is hereby authorized and directed to execute a contract with Edward Wankel. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #836 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jason Petrucci to the position of Youth Member on the Southold Town Conservation Advisory Board, effective immediately, for a term of office to expire on August 31, 2002. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #837 Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS a petition has been received from Ma Tine, Inc. for a change of zone from R-40, Low Density Residential to AHD Affordable Housing District (AHD) on a certain property located north of County Route 48~ Greenport~ New York and identified as SCTM#1000-35-01-04~ now therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Plannin~ for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #838 Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS Ma Tine, Inc., has proposed a change in zone for the property identified as SCTM#1000-35-01-04 consisting of approximately 5.7 acres located on the north side of County Route~ Greenport, New York; and WHEREAS the proposed change of zone is from Low-Density Residential (R-40) to Affordable Housing District (AHD); therefore be it RESOLVED that the Town Board of Southold hereby declares itself lead agency as there are no other involved agencies, in regard to SEQRA; therefore be it RESOLVED that the Town Board of the Town of Southold hereby finds this to be an UNLISTED action pursuant to SEQRA Rules and Regulations. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. #839 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of Nelson, Pope & Voorhis to perform the SEQRA review for the proposed change of zone from r- 40, low density residential to AHD affordable Housing District (AHD) on a certain property located north of County Route 48~ Greenport~ New York and identified as SCTM#1000-35-01-04 Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. 12/4/01 18 #84O Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS the Town Board of the Town of Southold must commence the SEQRA process as a condition precedent to initial review and consideration of certain Town projects; and WHEREAS there have been studies regarding the erosion problems between Duck Pond Point and Horton's Point; and WHEREAS the Goldsmith Inlet Jetty is located between Duck Pond Point and Horton's Point and the idea has been raised of removing a portion or all of the Goldsmith Inlet Jetty and to even consider such a proposal the Town Board must first conduct the SEQRA process; be it RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of Nelson, Pope & Voorhis to perform a SEQRA analysis of the possibility of removing a portion or all of the Goldsmith Inlet Jetty. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. SUPERVISOR COCHRAN: We will do the public comment. Anyone like to address the Town Board on any Town business? We would be very happy to take your comments now. ED SIEGMANN: Ed Siegmann. I see after a long wait the buses have finally arrived that were supposed to be given to the Town quite some time ago, and I am wondering if there was any communication that came with those, a letter or anything, suggesting what they should be used for? SUPERVISOR COCHRAN: When Mr. Forbes was still Congressman, and when I met with him to obtain these buses. We were informed at that time that they are not just for the Nutrition Center. They are for any authorized or official group within the town. Say the Assessors needed a bus for something, or we want to transport kids in the evening for a program at the Rec Center. They can used for more than just transporting meals during the day. ED SIEGMANN: That is not my suggestion. SUPERVISOR COCHRAN: You are asking me what the stipulation was. ED SIEGMANN: Is it possible for me to get a copy of whatever came in with those buses, that came in writing in reference to what they should be used for? SUPERVISOR COCHRAN: There is nothing that came in with them in reference to what they can be used for. ED SIEGMANN: I will tell you what I am concerned about. Senior citizens out here living longer and longer to older ages, a lot of them find themselves if they can't drive anymore, they can't get around for a lot of things, like you have the meeting of the people who are going half blind. You have other meetings. You have seniors that cannot attend certain functions that take place. You also have seniors that cannot go shopping at all anymore. SUPERVISOR COCHRAN: Ed, all of this has been discussed with me and that department, because this is one of the reasons we wanted the busses, because we get many, many requests from Seniors in the community that need a lift to the doctor, or that need to go down grocery shopping. The intent was hoping that there would be some kind of program developed that would provide the service. ED SIEGMANN: Let me make a suggestion. Instead of hope, sometimes hope doesn't go too far, I would like to suggest that you form a committee of some seniors that have been active in the town, possibly, and have those people sit down with whoever it is that makes these rules, and discuss maybe some of things that should be done in reference to these needs these seniors have. Thank you. SUPERVISOR COCHRAN: Thank you, Ed. Is there anyone else that would like to address the Town Board? Joan, I think you were next. JOAN EGAN: Hi. I am Joan Egan. I reside in East Marion. I have been a taxpayer out here for thirty- seven years. I have been in the area since 1958. I will address my own particular situation in regards to 12/4/01 19 myself that I have tried to address properly through Jean, through Zoning, through Mr. Moore. Is Mr. Moore here? Where is he? SUPERVISOR COCHRAN: Yes, he is right here. JOAN EGAN: Oh, Mr. Moore, I have left many, many messages for you. You never did get back to me, but that's understandable since you are out of town more than you are here. But, my home is located on Knoll's Circle in East Marion in Gardiners Bay Estates. The home next to me is owned by Robert and Barbara Keller. Does this refresh your mind Mr. Moore? I would like to ask you a question, does it refresh your mind. COUNCILMAN MOORE: Yes, it does. JOAN EGAN: At any rate when Mr. and Mrs. Keller purchased the home from Miles Schneider I was sent a registered letter Return Receipt Requested in regard to changes as they might want to make. I had no objection. I personally didn't think they were doing the right thing, but it was their land, their property, blah, blah, blah. Correct? Well, subsequently Zoning probably rightfully came along, and there is a little continuary there. They wanted their kitchen, their deck, and blah, blah, blah. Zoning changed things. They never notified me. Subsequently, Mr. and Mrs. Keeler have their grill outside my bathroom and bedroom window. On report with the Southold Police Department, and with the East Marion Fire Department, they have violated every concept of decency and danger. They leave their grill going. It went on fire. The smell of their cooking makes me nauseous. Very fortunately a very, very kind policemen, took care, and last year their grill went over with the gas tank attached which could have caused a very serious accident. Fortunately a neighbor came along. He called him, and they got it tied up. So, what I would like to know, Mr. Moore, which I have review with you before, and Zoning, and I think with Mr. Forrester also came out to see what was going on. I know you can't tell him where to put his grill. There are certain limitations that we have but here is the big one. (tape change.) I want that taken care PDQ, and you know what that means, don't you, Mr. Moore? Pretty darn quick before we have another serious situation. My house and his house from his steps and his steps are broken, and I am not going to get into that. That is his problem, and his insurance. His leaves blow in my windows. It is a humongous mess. So, are you a paid employee? May I ask you that, Mr. Moore? COUNCILMAN MOORE: I am a paid elected official. Yes. JOAN EGAN: Oh, you are. Well, let's see that you earn your pay for this one anyhow. Okay? Now, that will cover that. Alright, Mr. Moore? You have the situation. I will give you all the particulars. SUPERVISOR COCHRAN: May I just ask a question on that? I don't think the gentleman had his zone changed. Jim, is it a variance in front of the ZBA? JIM D1NIZIO: Yes. SUPERVISOR COCHRAN: It wasn't a zone change. JOAN EGAN: Whatever it was I was not notified, and it has caused humongous problems. Twice the Fire Department had to come out. The Police have had to come out. As I said a patrolman, a Patrol Officer Springer. A flag was stolen from my dock, and he felt very badly for me, because I have had other flags stolen from my property, and he came on his own, and at his expense, brought a flag to me. Fortunately, or unfortunately, for the Kellers they were there, and he knew what had happened last year. SUPERVISOR COCHRAN: Joan, do you have something else to share with us? You said you had something else to share with us. JOAN EGAN: Oh, yes, yes, yes. Now, this another issue which I have addressed. I have written to the Governor. I have informed Lieutenant Flatley, and I have informed the Building Department, the Highway Department. You have a LIPA substation going up here, Bayview Drive. I think there is a gas station there. By records are available to you through the Police Department and others all the accidents that happened up in that area, especially when we have any precipitation in the winter. I am sure you live up there, Mr. Moors. The property I am talking about is just east of Falkowski' s and west of the Amoco Station. Now, if that plant, that substation for gas, natural gas, now if you have an 12/4/01 20 accident there, and as I said, this is all on the computer record at the Police Station. If that plant goes up the whole town of Southold will go up. I think somebody officially from here should send a telegram to the Governor telling him to hold it until it is reevaluated. That property was owned by Henry Smith, who owns Falkowski, I believe. That is another issue. Now, this monitor on the road we have. That is not official is it, Jean? The monitor how fast you are going? SUPERVISOR COCHRAN: It shows you the speed. No, it is to make an awareness of what you are driving is. JOAN EGAN: Because if a Policeman catches them on that. SUPERVISOR COCHRAN: They could set up radar just down the road a little bit. Yes, they could. JOAN EGAN: Also there are some legal factors involved there that could cause you a problem. Now, also, the other issue, which is extremely important, this gambling thing will go through. Mark my words it is a done deed. The DOT, I called the DOT, the Department of Trash, because that is about all they have done to this area. They are going to widen the roads. You are going to have gambling on the South Shore, the Shinnecocks will get their thing. The paperwork is ready, and then the Indians out in Montauk will do it, and I believe, I don't know that we will probably have a gambling boat going out from the railroad dock in Greenport, probably under a foreign flag, the boat will be, and all we have to do is go out twelve miles and he is home free. So, all of the leaves the gambling and the like, and Jean, you know this as well as I do. Our Police Department has to be enlarged, because of all we are not allowed to call them illegals, and that is fine there, they and unregistered aliens, because their woman are at home and blah, blah, blah, blah. We now have mega, mega prostitution. We have more crime, and more crime, so when will that issue be, not till the first of the year, Jean? SUPERVISOR COCHRAN: Probably. It is all yours, Josh. I have to move along. JOAN EGAN: So, do I, Jean. I have a hot date. The other thing that I feel is very, very important is the animal shelter. It is ridiculous as far I am concerned that we keep these animals anymore than two weeks. The city doesn't do it. Nobody does. We have to feed them. We have to walk them. We have to, we have to, we have to. To get an animal out of the animal shelter is like going to an adoption agency. You have to fill out this form out, and they have to go there, and they have to check you out. That's it. I wish you all a very blessed Christmas, and ifI don't see you soon you will probably be very lucky. SUPERVISOR COCHRAN: Thank you, Joan. JOAN EGAN: Take care, Mr. Yabbiyabbi. TOWN ATTORNEY YAKABOSKI: Have a happy and safe holiday, Joan. DOUGLAS COOPER: Doug Cooper, Mattituck. I just had, I think three questions here on your resolutions. Number 826, concerning the zone change, can you tell us what the zone change is going from, and what it is going to? SUPERVISOR COCHRAN: It is going to affordable housing. DOUGLAS COOPER: What is the density? TOWN ATTORNEY YAKABOSKI: I think it is R-40 right now, Doug. It is one acre going to affordable housing. DOUGLAS COOPER: What would be the zoning there, the density? TOWN ATTORNEY YAKABOSKI: A quarter an acre. DOUGLAS COOPER: Basically, R-10. COUNCILMAN ROMANELLI: We have water and sewer, so it is a half an acre. It is not a quarter. 12/4/01 21 DOUGLAS COOPER: The other one that you have here, 837, could you tell me the same, what is the zoning now, and what it is going to? COUNCILMAN ROMANELLI: ! believe it is the same thing, the same changes. SUPERVISOR COCHRAN: When you receive a petition for a zone change there is a process it has to go through, and part of that process is sending it to, not only our Planning Board, but also to the Suffolk County Planning for a determination. That is what this resolution does. DOUGLAS COOPER: Can you tell us approximately the acreage in each of those pieces? COUNCILMAN ROMANELLI: In Greenport, ! believe it is 5.7 acres, just under 6 acres, and the one in Mattituck is 7.4 acres. DOUGLAS COOPER: ! just wondered whether the Board considered any kind of program to, you are giving a developer a big handout here going from that kind of a zone change, is there anyway of recouping some of the money, such as a TDR Program to allow that change? SUPERVISOR COCHRAN: Doug, there has been many, many, and ! am going to cut you short only because you have the opportunity ask these questions earlier. ! am not getting persnickety. DOUGLAS COOPER: I understand. SUPERVISOR COCHRAN: What ! am going to say to you is there has been many, many meetings held on the affordable housing, and this is the first you have shown an interest. ! would like to not take the time now to go into it. If you would like to sit down with anybody here, or whatever, to hear all the background, ! mean it was months, and months, and months, and months of meetings. COUNCILMAN MOORE: We still have public hearings on that. SUPERVISOR COCHRAN: These will come to a public hearing. COUNCILMAN ROMANELLI: When someone comes in for a zone change. This is part of the process that we have to do. We still have to set a public hearing to discuss the zone change, and then vote. DOUGLAS COOPER: A time span, when would that take place? COUNCILMAN ROMANELLI: Forty-five days, within forty-five days. TOWN ATTORNEY YAKABOSKI: Correct. Once you receive that from the Suffolk County Planning Commission, and the Town Planning Board, it is forty-five days. You have to set your public hearing. DOUGLAS COOPER: Set within forty-five days? TOWN ATTORNEY YAKABOSKI: Correct. DOUGLAS COOPER: ! just want to clarify that. TOWN ATTORNEY YAKABOSKI: ! don't have the book in front of me, and so if you want to give me a call at the office, Doug, ask myself or Mary. COUNCILMAN MOORE: The Planning Commission has thirty days in which to come back. We can't act. DOUGLAS COOPER: Right, you can't act until you have their comments. Once you get their recommendations. COUNCILMAN ROMANELLI: Within forty-five days once we hear from them to set the public hearing. 12/4/01 22 SUPERVISOR COCHRAN: The date will be published in the paper. TOWN ATTORNEY YAKABOSKI: Doug, you can call either Mary or myself tomorrow. We can go through the whole list for you if you want. DOUGLAS COOPER: Thank you. The third question was, number 829, Local Law in Relation to Parking Offenses and Penalties, could you just say what that was about? COUNCILMAN ROMANELLI: We are really just making changes in the Code to reflect their process and their fees. That is really what it boils down to. TOWN ATTORNEY YAKABOSKI: Doug, what it does, it establishes set uniform system of the fines, and then part of the process here is to have a systematic methodology that you follow through on, and what it does is it has graduated, if some reason you do not respond to the ticket it says right in the law and on the ticket, if you do not respond, and you pay later, here is what the fine is going to be, and then here is what the fine is going to be, and it keeps going up. DOUGLAS COOPER: Very good. Thank you. SUPERVISOR COCHRAN: Doug, ! am going to give you a copy of the law, although it was printed in the newspaper. TOWN ATTORNEY YAKABOSKI: Doug, any questions give a call. SUPERVISOR COCHRAN: Mr. Wickham? TOM WICKHAM: Tom Wickham from Cutchogue. ! can see the Board has been busy with a lot of resolutions, and a lot of action, and ! am interested in #835 in which we have a contract to manage and develop the Parks Department. That certainly sounds like a cost affective contract for one dollar, and ! don't have any reason to doubt that it would be in the Town's interest. SUPERVISOR COCHRAN: Tom, ! don't know if you know what Mr. Wankel's background is. TOM WICKHAM: I do. SUPERVISOR COCHRAN: But, he is going to be a nice addition. As we purchased a lot of development rights on the farms we really need a good inventory system, and also a reviewing system. ! mean we buy development rights, and you are not allowed to put certain buildings. We hope that they are not put there and so forth, but we don't have a mechanism for checking all of this, and when ! felt it was necessary to have a Land Preservation Committee, and felt Melissa was the right person for the job, it was more than just the preservation part of it, working with the committee, and so forth. It was some of what Mr. Wankel will be doing. We found that Melissa can't be spread that thin, so he has offered. He is a resident now in the community, and you can't beat his salary, and he used to be Commissioner of Parks for the County. He is a Planner by business, profession. He was Bernadette Castro assistant for State parks, and he is going to bring a great many skills that will benefit not only the Town Board, but will also benefit and give a support system to Melissa. So, he is going to be housed, we hope, because we don't have room anywhere, at the building that was just redone up at Fort Corchaug. ! would like to see Fort Corchaug as a focal point for land preservation. ! think it could be something that could be nicely done, so he will be up there, but he will be developing the properties such as Dam Pond, and the land we just closed on, the Jack Levin property across the way from North Road all the way down to 25. That is beautiful, beautiful woods and wetlands, and they need development plans or management plans, whatever you would like to call it. ! say the word develop even if it is passive recreation such as just hiking. It still needs the development of that concept, so ! feel the Town is very, very fortunate, and thank you for your comments, because he is a man that will serve us well. TOM WICKHAM: I just wanted to say I share many concerns, and certainly the Town needs to address these issues, and he does clearly have a background that will be useful. The comment that ! would make when an appointment is made like this for two years into the future with just a dollar a year you do wonder how that contract is going to play out. Normally when the Town enters into contracts there is an escape clause from either side. 12/4/01 23 SUPERVISOR COCHRAN: There will be. TOM WICKHAM: I would just remind the Board that I think escape clause will be important. SUPERVISOR COCHRAN: Either party can close it down whenever they feel there is a need, or they feel that this is not working. That is in there. TOM WICKHAM: Thank you. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? (No response.) If not, ! will read this resolution, and ! have a date with my grandson. He was on the Greenport football team, and their dinner is tonight, so that is one of the duties of Grandmas to go and have dinner with the football team. Moved by Supervisor Cochran, seconded by The Entire Town Board, WHEREAS, this Board has learned with deep sorrow of the death of Martin Suter, a former Southold Town Justice, and WHEREAS, in his service to the people of the Town of Southold, as a Southold Town Justice from 1968 until his retirement until in 1979, Mr. Suter distinguished himself as a dedicated, conscientious, and concerned public servant; and WHEREAS, the Town of Southold is grateful to the family for Martin Suter for sharing him with the Town for many years he gave his time, talents, and his energy; and WHEREAS, Martin Suter's record of outstanding public service, diligence to duty, dedication to the Town of Southold and it's people, deserves the sincere gratitude of those with whom, and for whom he served, and WHEREAS, Martin Suter exemplified the quality of leadership and dedication, and was an individual of great integrity, who was esteemed by his associates, and respected by all; therefore be it RESOLVED that the Town Board of the Town of Southold hereby expresses it's great lose in the passing of Martin Suter, and when the Town Board adjourns this day it does so out of respect to his memory and be it further RESOLVED that a copy of this resolution shall be entered into the minutes of this Town Board meeting, and a copy presented to the family of Martin Suter so that we may extend to them our sincere sympathies. Dated: December 4, 2001. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. SUPERVISOR COCHRAN: May ! have a motion to adjourn? Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 5:40 P.M. Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. This resolution was duly adopted. Elizabeth A. Neville Southold Town Clerk